04.14.2025 TC Agenda Packet
TOWN OF TROPHY CLUB
MEETING AGENDA
TOWN COUNCIL
1 Trophy Wood Drive
Trophy Club, Texas 76262
April 14, 2025 7:00 PM Council Chambers
CALL TO ORDER AND ANNOUNCE A QUORUM
INVOCATION led by Pastor Joel Quilé, Bara Church
PLEDGES led by Council Member
Pledge of Allegiance to the American Flag
Pledge of Allegiance to the Texas Flag
PUBLIC COMMENT(S)
This is an opportunity for citizens to address the Council on any matter pursuant to Texas
Government Code 551.007. The Council is not permitted to discuss or take action on any
presentations made concerning matters that are not listed on the agenda. Presentations are
limited to matters over which the Council has authority. Speakers have up to three (3)
minutes or the time limit determined by the Presiding Officer. Each speaker is requested to
complete the Speaker’s Form prior to speaking or may email
mayorandcouncil@trophyclub.org
COMMUNITY SPOTLIGHT
1. Working for You... Trophy Club
a) Update from Town Manager (Brandon Wright, Town Manager)
b) Update from Town Council Members
c) Quick Civic Tip (Dean Roggia, Town Attorney)
CONSENT AGENDA
This part of the agenda consists of non-controversial, or "housekeeping" items required by
law. Items may be removed from Consent by any council member by making such request
prior to a motion and vote.
2. Consider approval of the minutes from the following meetings: the March 10, 2025, Town
Council Regular Meeting; the March 10, 2025, Joint Work Session of the Town Council
Page 1 of 148
and Economic Development Corporation; and the March 24, 2025, Town Council Work
Session. (Tammy Dixon, Town Secretary)
3. Consider an ordinance of the Town of Trophy Club amending Appendix A "Fee
Schedule", Article A1.000 "General Provisions," Section A1.014 "Water and Wastewater
Fees for Public Improvement District No. 1" to establish fees and rates for water and
sewer services to customers within the service area. (April Duvall, Director of Finance)
4. Consider an ordinance of the Town of Trophy Club amending Chapter 13, Article 13.02
"Solid Waste" of the Code of Ordinances, by repealing Division 1 in its entirety and
adopting a new Division 1; by amending Division 2 "Scavenging Refuse" of Article 13.02
"Solid Waste" by replacing Section 13.02.041 "Definitions" in its entirety; and providing for
solid waste collection. (Tamara Smith, Assistant to the Town Manager)
5. Consider an ordinance for the Town of Trophy Club approving the annual rate for solid
waste and recycling services from the Town's franchise vendor, Community Waste
Disposal, effective June 1, 2025. (Tamara Smith, Assistant to the Town Manager)
6. Consider an ordinance of the Town of Trophy Club amending Appendix A “Fee
Schedule,” Article A1.000 “General Provisions,” Section A1.010 “Municipal Court,” by
adding a new Subsection (h) “Credit Card Fees,” of the Code of Ordinances. (April Duvall,
Director of Finance)
7. Consider authorizing the Town Manager to terminate the interlocal agreement between
the City of Fort Worth and the Town of Trophy Club for Household Hazardous Waste
Program. (Brandon Wright, Town Manager)
8. Consider a resolution adopting the Town of Trophy Club Investment Policy for Fiscal Year
2024-2025. (April Duvall, Director of Finance)
INDIVIDUAL ITEMS
9. Consider a resolution amending the Thrive Business Grant program, which provides
revisions to grant requirements and monitoring and accountability and proposes a new
timeline for the second round of business grants. (Tamara Smith, Assistant to the Town
Manager)
EXECUTIVE SESSION
Pursuant to Section 551.071 of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Town Council will recess into executive session to discuss
the following:
a. Consultation with the Town Attorney to seek legal advice regarding potential
amendments to the Interlocal Cooperative Agreement for Administration of Fire Protection
Services with Trophy Club Municipal Utility District #1 and any and all legal matters related
thereto.
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b. Consultation with the Town Attorney to seek legal advice regarding the Amended and
Restated Contract for Wholesale Water Supply and Wastewater Treatment Services and
Water and Wastewater Operational Services with Trophy Club Municipal Utility District #1
and any and all legal matters related thereto.
RECONVENE INTO REGULAR SESSION
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 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: April 9, 2025, at 5:10 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 3 of 148
TOWN COUNCIL COMMUNICATION
MEETING DATE: April 14, 2025
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM: Consider approval of the minutes from the following meetings: the March 10,
2025, Town Council Regular Meeting; the March 10, 2025, Joint Work Session
of the Town Council and Economic Development Corporation; and the March
24, 2025, Town Council Work Session. (Tammy Dixon, Town Secretary)
BACKGROUND/SUMMARY: The Town Council held the following meetings in March: the
March 10, 2025, Town Council Regular Meeting; the March 10, 2025, Joint Work Session with
the Economic Development Corporation; and the March 24, 2025, Town Council Work Session.
The minutes from each of these meetings are presented for Council review and approval.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
1. 03.10.2025 TC draft minutes
2. 03.10.2025 TC EDC Joint Meeting draft minutes
3. 03.24.2025 TC Work Session draft minutes
ACTIONS/OPTIONS:
Move to approve the minutes from the following meetings: the March 10, 2025, Town Council
Regular Meeting; the March 10, 2025, Joint Work Session of the Town Council and Economic
Development Corporation; and the March 24, 2025, Town Council Work Session.
Page 4 of 148
Town of Trophy Club Town Council Meeting Minutes
March 10, 2025, 7:00 p.m., Regular Meeting
1 Trophy Wood Drive, Trophy Club, Texas 76262
CALL MEETING TO ORDER
Mayor Tiffany called the regular meeting to order at 7:00 p.m.
COUNCIL MEMBERS PRESENT
Jeannette Tiffany, Mayor
Steve Flynn, Mayor Pro Tem
Stacey Bauer, Council Member Place 1
Jeff Beach, Council Member Place 2
Dennis Sheridan, Council Member Place 3
Rhylan Rowe, Council Member Place 4
COUNCIL MEMBERS ABSENT
Council Member Place 5 (Vacant)
STAFF MEMBERS PRESENT
Brandon Wright, Town Manager
Tammy Dixon, Town Secretary
Dean Roggia, Town Attorney
Jason Wise, Fire Chief
Patrick Arata, Chief of Police
April Duvall, Director of Finance
Jill Lind, Director of Communications and Marketing
Matt Cox, Director of Community Development
Tamara Smith, Assistant to the Town Manager
INVOCATION
Pastor Joel Quilé, Bara Church, delivered the invocation.
PLEDGES
Council Member Sheridan led the Pledge of Allegiance to the American and Texas
Flags.
PUBLIC COMMENTS
Teryl Flynn and Kelly Castonguay announced that the Trophy Club Women’s Club
will be hosting a Casino Night fundraiser on Saturday, April 12th, from 6:00 to 10:00 PM
at Saint Pete’s Barn in Roanoke. This event replaces the Art and Garden Festival from
last year and is open to the public. Tickets are $75, and proceeds will benefit Metroport
Meals on Wheels, Roanoke Food Pantry, Christ’s Haven, and I Can Still Shine. More
information can be found at mytcwc.org.
Page 5 of 148
Town Council Meeting Minutes – March 10, 2025 Page 2
PRESENTATIONS
1. Conduct a Fire Department Swearing-In and Badge Pinning Ceremony
Chief Wise introduced Eric Sampson and Brad Teel, newly promoted Driver
Engineers. Mayor Tiffany provided the Oaths of Office and the badge pinning ceremony
followed.
2. Proclamation - Town of Trophy Club's 40th Anniversary
Mayor Pro Tem Flynn read aloud the 40th Anniversary proclamation. Mayor Tiffany
invited the Council Members and all past Mayors and Council Members present to join
her for a photograph. Former Mayors present were Jim Carter, Scott Smith, Nick Sanders,
Connie White, and Alicia Fleury.
COMMUNITY SPOTLIGHT
3. Working for You... Trophy Club
a) Update from Town Council Members
Mayor Tiffany announced that the Town was still accepting applications to serve
on the Trophy Club Council for Arts and Culture.
Council Member Bauer highlighted a fundraising initiative by TCEVA, announcing
that team members have created "We Back the Blue" shirts to support the police and fire
departments. The shirts are available for purchase for $15.
b) Update from Town Manager
Town Manager Wright announced the following events and meetings:
• Breakfast with Tiffany, March 17, Starbucks inside Tom Thumb, 9:00 a.m.
• Trophy Club Women’s Spring Community Garage Sale, April 5, 8:00 a.m. –
2:00 p.m.
• Easter EggStravaganza and Egg Hunt, April 12, at Harmony Park from 9:00
- 11:00 AM.
• Upcoming Meetings
o March 17 –Parks and Recreation Board Meeting
o March 24 – Special Town Council Work Session at 6:00 p.m.
o April 14 – Regular Town Council Meeting
CONSENT AGENDA
4. Consider approval of the February 24, 2025, Town Council work session and
regular meeting minutes. (Tammy Dixon, Town Secretary)
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Town Council Meeting Minutes – March 10, 2025 Page 3
5. Consider a resolution appointing members to the Trophy Club Council for Arts and
Culture. (Tammy Dixon, Town Secretary) The caption of the resolution reads as
follows:
RESOLUTION NO. 2025-05
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
PROVIDING FOR THE APPOINTMENT OF MEMBERS TO SERVE ON THE TROPHY CLUB
COUNCIL FOR ARTS AND CULTURE; DESIGNATING TERMS OF SERVICE; AND
PROVIDING AN EFFECTIVE DATE.
6. Consider authorizing the Town Manager to negotiate and execute a professional
service agreement with Teague Nall and Perkins, Inc. in a not-to-exceed amount
of $55,000 for topo and boundary surveys, subsurface utility engineering, civil
engineering, bidding and construction administration, and construction inspection
services for the Wilshire Stormwater/Drainage Project. (Matt Cox, Director of
Community Development)
7. Consider authorizing the Town Manager to negotiate and execute a professional
service agreement with Teague Nall and Perkins, Inc. in a not-to-exceed amount
of $445,000 for survey, utility engineering, civil engineering, bidding and
construction administration, and construction inspection services for the FY 2025
Street Reconstruction Projects including Forest Hill Drive, Paint Rock Court and
Palmetto Court. (Matt Cox, Director of Community Development)4. Consider a
resolution repealing Resolution 2025-02; adopting updated Town Council Rules of
Procedure; providing for amendments to Section 9, "Boards and Commissions,"
subsection 9.1. c., "Application Review/Appointments." (Tammy Dixon, Town
Secretary) The caption of the resolution reads as follows:
Council Member Beach moved to approve Consent Items 4-7. Council Member
Bauer seconded the motion.
VOTE ON MOTION
AYES: Bauer, Beach, Flynn, Sheridan, Tiffany, Rowe
NAYES: None
VOTE: 6-0
INDIVIDUAL ITEMS
8. Consider authorizing the Town Manager to negotiate and execute a professional
services agreement with Parkhill in the amount of $300,550 for Phase II of the
Community Pool Project including design development, construction documents,
public bidding services, and construction administration servic es. (Chase Ellis,
Director of Parks & Recreation)
Town Manager Wright introduced the item and explained the contract includes
construction design, administration, bidding services, and project management. The
design has been updated to incorporate a second slide option while maintaining budget
flexibility. The final project scope will remain somewhat fluid until the construction phase,
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Town Council Meeting Minutes – March 10, 2025 Page 4
with alternative options in the bidding process to manage costs. The goal is to begin
construction immediately after the pool closes for the season, ensuring maximum time for
completion before reopening in Summer 2026. The bidding process is expected to ta ke
place in July–August 2025, with a tight timeline to finalize design, evaluate bids, and
secure a contract before the planned September 2025 construction start.
Council Member Beach moved to authorize the Town Manager to negotiate and
execute a professional services agreement with Parkhill in the amount of $300,550 for
Phase II of the Community Pool Project including design development, construction
documents, public bidding services, and construction administration services. Council
Mayor Pro Tem Flynn seconded the motion.
VOTE ON MOTION
AYES: Bauer, Beach, Flynn, Sheridan, Tiffany, Rowe
NAYES: None
VOTE: 6-0
9. Consider authorizing Town staff and the Town's Municipal Advisor, SAMCO
Capital Markets, to pursue a bond refunding regarding Public Improvement District
(PID) No. 1 for interest savings and other matters related thereto. (April Duvall,
Director of Finance)
April Duvall, Director of Finance introduced Mark McLliney and Jack McLiney from
Samco Capital Markets, who presented an analysis on a potential bond refunding for PID
No. 1, as the bonds become callable in June 2025. The proposed refunding could
generate over $4 million in savings, reducing assessments for PID homeowners.
Mark McLiney explained that a bond refunding 10 years ago lowered assessments
by $16.5 million. The new opportunity would replace 3-5% interest bonds with 4% bonds,
using trust funds to reduce borrowing. He presented two options: (1) a level debt structure,
eliminating a 2% annual increase and saving $4.13 million, or (2) a shortened term
structure, reducing the repayment period by one year with total savings of nearly $4.5
million.
The Town Council discussed the benefits of each, with some members favoring
the shortened term for greater long-term savings.
Council Member Rowe moved to authorize Town staff and the Town's Municipal
Advisor, SAMCO Capital Markets, to pursue a bond refunding regarding Public
Improvement District (PID) No. 1 for interest savings and other matters related thereto
under Scenario 2 accelerated debt service maintaining a level of savings. Council
Member Sheridan seconded the motion.
VOTE ON MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Rowe
NAYES: Beach
VOTE: 5-1
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Town Council Meeting Minutes – March 10, 2025 Page 5
ADJOUNMENT
Mayor Tiffany adjourned the Town Council meeting at 7:32 p.m.
____________________________
Jeannette Tiffany, Mayor
Attest:
_______________________________
Tammy Dixon, Town Secretary
Page 9 of 148
Town of Trophy Club Town Council and Economic Development Corporation
Meeting Minutes
March 10, 2025, 7:30 p.m., Joint Work Session
1 Trophy Wood Drive, Trophy Club, Texas 76262
EOC Room
CALL WORK SESSION TO ORDER
Mayor Tiffany called the joint work session to order at 7:45 p.m.
COUNCIL MEMBERS PRESENT
Jeannette Tiffany, Mayor
Steve Flynn, Mayor Pro Tem
Stacey Bauer, Council Member Place 1
Jeff Beach, Council Member Place 2
Dennis Sheridan, Council Member Place 3
Rhylan Rowe, Council Member Place 4
COUNCIL MEMBERS ABSENT
Council Member Place 5 (Vacant)
ECONOMIC DEVELOMENT CORPORATION (EDC) MEMBERS PRESENT
Teri Addington, President
Allan Pedersen, Vice President
James Calaway, Secretary
Greg Fox
Scott Hinshaw
Joseph Longo
EDC MEMEBERS ABSENT
Garrett Wallace
STAFF MEMBERS PRESENT
Brandon Wright, Town Manager
Tammy Dixon, Town Secretary
Dean Roggia, Town Attorney
Tamara Smith, Assistant to the Town Manager
April Duvall, Director of Finance
Matt Cox, Director of Community Development
WORK SESSION ITEM
1. Presentation and discussion of land-use, infrastructure, and site layout options
developed for the Small Area Plan Project. (Tamara Smith, Assistant to the Town
Manager)
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Town Council/Economic Development Corp. Meeting Minutes – March 10, 2025
Page 2
Town Manager Wright provided an update on the small area plan for the region
around State Highway 114 and Trophy Wood Drive. The plan focuses on creating a
welcoming and vibrant hub with connectivity, integrated development, and a signature
public amenity. The goal is to maximize economic impact and establish a unique identity
for the area, now named "The Grove at Trophy Club."
He explained the key aspects include strategic development of town-owned
properties to enhance surrounding areas, fostering a cohesive design, and improving
walkability by diverting focus from Highway 114 to an interior road network. Public
feedback has been positive, with residents expressing enthusiasm for the project.
Consulting firm McAdams has incorporated community input, and the Economic
Development Corporation (EDC) has played an active role in discussions and decision -
making. The next steps include reviewing economic projections and phasing strategies
to ensure sustainable growth.
Randi Rivera, Planning Director for McAdams, provided an update on the small
area plan, emphasizing that it is the result of six to seven months of stakeholder input and
biweekly meetings with members of the EDC to refine the project. Two feasible plans
have been developed, ensuring required parking and presenting viable opportunities for
the area. The plan serves as a guiding document outlining community values and
development options but is not regulatory. Any future developments will require a zoning
change subject to council approval. The plan will also include implementation strategies
to support informed decision-making for future growth in Trophy Club.
Chris Branham from Catalyst Commercial presented an analysis of the retail
potential for the small area plan. His company assessed current shopping patterns,
identifying where customers come from and their demographic characteristics. A trade
area was established to evaluate income growth, population projections, and retail
spending over the next five years. The findings indicate a 20 -25% increase in incomes
and steady population growth, supporting strong retail absorption. Given low retail
vacancy rates in DFW, the proposed retail space is expected to be successfully utilized.
Chris also reviewed city-owned parcels, highlighting tax-exempt properties and potential
tax revenue projections based on two development concepts. The analysis focuses on
short- to medium-term impacts, excluding any long-term redevelopment scenarios.
The Town Council, EDC members, and the Small Area Plan Team engaged in a
detailed discussion regarding the proposed small area plan, addressing key development
concepts, infrastructure considerations, and long-term planning strategies discussing the
following key points:
• Development Phases & Approach: The plan will focus on properties the Town
controls while outlining potential redevelopment options for currently developed
properties. It will be structured into short-, medium-, and long-term projects.
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Town Council/Economic Development Corp. Meeting Minutes – March 10, 2025
Page 3
• Mixed-Use Development & Housing Preferences: Condos are preferred over
rental properties for any residential components. For the 5-acre lot next to HG Sply,
acceptable uses include condos, parking, retail, restaurant, and office space in a
Mixed-Use development. The 2+ acre lot in front of Town Hall should include
condos, retail, and restaurant space with a public use area, but any public amenity
should be commercially focused.
• Infrastructure & Roadways: The preference is not to narrow Trophy Wood Drive;
if narrowing occurs, alternative entry and exit points should be explored. There is
broad support for an alternate entry point beyond HG Sply that loops into Plaza
Drive.
• Presentation & Communication: The final plan should be less visually structured
to avoid giving the impression of finalized designs. Instead, it should focus on
broad concepts and flexible development scenarios.
• Economic Viability & Future Planning: The Council emphasized ensuring the
plan attracts quality developers while maintaining financial sustainability. A follow-
up workshop on the TIRZ (Tax Increment Reinvestment Zone) will be scheduled
to explore funding and development opportunities.
The Small Area Plan Team will refine the final plan based on these discussions,
and it will be presented to the EDC and Council for approval at a future date.
ADJOUNMENT
Mayor Tiffany adjourned the joint work session at 9:39 p.m.
____________________________
Jeannette Tiffany, Mayor
Attest:
_______________________________
Tammy Dixon, Town Secretary
Page 12 of 148
Town of Trophy Club Town Council
Meeting Minutes
March 24, 2025, 6:00 p.m., Work Session
1 Trophy Wood Drive, Trophy Club, Texas 76262
CALL WORK SESSION TO ORDER
Mayor Tiffany called the work session to order at 6:00 p.m.
COUNCIL MEMBERS PRESENT
Jeannette Tiffany, Mayor
Steve Flynn, Mayor Pro Tem
Stacey Bauer, Council Member Place 1
Jeff Beach, Council Member Place 2
Dennis Sheridan, Council Member Place 3
Rhylan Rowe, Council Member Place 4
COUNCIL MEMBERS ABSENT
Council Member Place 5 (Vacant)
STAFF MEMBERS PRESENT
Brandon Wright, Town Manager
Tammy Dixon, Town Secretary
Dean Roggia, Town Attorney
April Duvall, Director of Finance
Jason Wise, Fire Chief
Matt Cox, Director of Community Development
Denise Deprato, Director of Human Resources
WORK SESSION ITEM
Mayor Tiffany opened the workshop and acknowledged the importance of unified
and transparent communication among the Town, the Trophy Club Municipal Utility
District No. 1 (TCMUD), and residents. The goal of the meeting was to provide consistent
information to the public and explore next steps following the TCMUD boundary
expansion.
1. Presentation and discussion regarding the Trophy Club Municipal Utility District
#1(District) boundary expansion and governmental services transfer initiative and
related impacts to interlocal agreements between the Town and District. (Brandon
Wright, Town Manager)
Town Manager Wright provided an in-depth overview of the long-standing
cooperative relationship between the Town and TCMUD for the provision of water, sewer,
fire, and EMS services highlighting the following:
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Town Council Work Session Meeting Minutes – March 24, 2025 Page 2
• Boundary Expansion:
o Approved by both the Town and TCMUD in October 2024.
o Finalized and effective January 1, 2025.
o All Trophy Club properties now fall within TCMUD boundaries.
o Residents previously under PID assessment now pay TCMUD property
taxes (tax-deductible).
o All residents can now vote in TCMUD elections, improving representation
and tax equity.
• Service Reallocation Goals:
o Full transfer of Town's public water system to TCMUD.
o Full transition of fire services to the Town.
o Streamline operations and reduce inter-agency complexity.
• Election Discussion:
o TCMUD requested a non-binding referendum in May 2025.
o The Town clarified that only binding referenda are allowed under state law.
o The Town proposed coordinated binding elections in November 2025.
o TCMUD declined the Town's proposal, pausing further progress on service
reallocation.
• Current Status
o Boundary Expansion is Complete.
o Service Transfer is Paused pending further initiative from TCMUD directors.
• Interlocal Agreement Concerns
o The ILA outlines shared funding for personnel and service costs, but the
District has no capital funding mechanisms in its current budget.
o The Town continues to subsidize certain expenses and seeks clarity on the
District’s long-term funding strategy.
• Collaboration Needs
o The Town emphasized the need for continued joint planning to address fire
station infrastructure, equipment replacements, water system ownership
transition, and alignment on staffing and funding obligations.
o The Town is ready and willing to proceed with water system and fire service
transfers when TCMUD is ready.
• Next Steps
o A joint workshop with the TCMUD is planned for June 2025
o Key topics include capital funding commitments, fire department staffing
agreements, and future funding mechanisms.
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Town Council Work Session Meeting Minutes – March 24, 2025 Page 3
ADJOUNMENT
Mayor Tiffany adjourned the work session at 7:39 p.m.
____________________________
Jeannette Tiffany, Mayor
Attest:
_______________________________
Tammy Dixon, Town Secretary
Page 15 of 148
TOWN COUNCIL COMMUNICATION
MEETING DATE: April 14, 2025
FROM: April Duvall, Director of Finance
AGENDA ITEM: Consider an ordinance of the Town of Trophy Club amending Appendix A "Fee
Schedule", Article A1.000 "General Provisions," Section A1.014 "Water and
Wastewater Fees for Public Improvement District No. 1" to establish fees and
rates for water and sewer services to customers within the service area. (April
Duvall, Director of Finance)
BACKGROUND/SUMMARY:
On March 17, 2025, the TCMUD No. 1 (District) Board of Directors convened to review and
approve adjustments to its water and sewer rates. Per the Amended and Restated Contract for
Wholesale Water Supply, Wastewater Treatment Services, and Water/Wastewater Operational
Services, the Town is required to adopt a Town Rate Order mirroring any changes made by the
District Board.
The 2025-0317A Rate Order establishes water and sewer rates and billing procedures for
residents and businesses. It details base charges and penalties for late payments or service
violations. The order also addresses service fees and compliance requirements, and outlines
policies defining customers' rights and responsibilities as service users.
The Rate Order changes approved by the District Board include Subsection (c)(2) & (3) “Meter
Fee”.
“(C) Meter Fee:”
(2) 1” meter: changed from $428.00 to $538.00
(3) 1-1/2” meter: changed from $905.00 to $1,568.00
The attached documents outline these modifications.
BOARD REVIEW/CITIZEN FEEDBACK: The District Board approved Rate Order No. 2024-0918A
on March 17, 2205, implementing amendments to water meter fees.
FISCAL IMPACT: The Town of Trophy Club does not receive revenues related to water or sewer
fees. Water and sewer revenues are collected and retained by the District.
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the ordinance as to form and
legality.
Page 16 of 148
ATTACHMENTS:
1. Ordinance
2. TCMUD#1 Rate Order
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to approve the ordinance amending Appendix
A "Fee Schedule", Article A1.000, Section A1.014 "Water and Wastewater Fees for Public
Improvement District No. 1" to establish fees and rates for water and sewer services to
customers within the service area.
Page 17 of 148
Page 1 of 3ORD 2025-XX
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2025-XX
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SUBSECTION (c)(2)&(3) “METER FEE”, OF SECTION
A1.014 “WATER AND WASTEWATER FEES FOR PUBLIC
IMPROVEMENT DISTRICT NO. 1”, OF ARTICLE A1.000 “GENERAL
PROVISIONS”, OF APPENDIX A “FEE SCHEDULE”, OF THE CODE OF
ORDINANCES, TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT;
PROVIDING THIS ORDINANCE IS CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR 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 of Trophy Club, Texas (the “Town”) is a home rule municipality
acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the
Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, fees imposed by the Town are adopted by Ordinance and are codified
in Appendix A of the Code of Ordinances of the Town; and
WHEREAS, Appendix A, Article A1.000, Section A1.014 of the Code of Ordinances,
Town of Trophy Club, Texas, contains water and wastewater fees for the Trophy Club Public
Improvement District No. 1 (hereinafter “PID”), including monthly residential (single-family)
and commercial water fees; and
WHEREAS, the Town is the owner and operator of a water and sewer system
designed to serve present and future inhabitants of the PID (the “Town System”); and
WHEREAS, under the Amended and Restated Contract for Wholesale Water Supply
and Wastewater Treatment Services and Water and Wastewater Operational Services
between the Town and Trophy Club Municipal Utility District No. 1 (the “MUD”) dated July
25, 2017, and as subsequently amended by the Town and the MUD (collectively the
“Contract”), the MUD has agreed to provide the Town with wholesale water and wastewater
services and with operations services related to the Town System within the boundaries of
the PID Property, as that term is defined in the Contract; and
WHEREAS, the Contract requires that the MUD shall provide to Town any amended
or revised MUD Rate Order adopted by the MUD, and the Town shall adopt a Town Rate
Order identical to the amended or revised MUD Rate Order; and
Page 18 of 148
Page 2 of 3ORD 2025-XX
WHEREAS, the Town received MUD Rate Order No. 2025-0317A, which was
approved by the MUD on March 17, 2025, with an effective date of April 1, 2025; and
WHEREAS, Town Council finds and determines that this Ordinance meets its
contractual obligations pursuant to the Contract and is adopted in the exercise of the Town’s
governmental functions and legislative power and is necessary to protect the health, safety,
and welfare of the general public and the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
Only Subsection (c)(2) & (3) “Meter Fee” of Section A1.014 “Water and wastewater
fees for Public Improvement District No. 1”, of Article A1.000 “General Provisions”, of
Appendix A “Fee Schedule”, of the Code of Ordinances, Town of Trophy Club, Texas, is
hereby amended and replaced in its entirety as follows, and all other subsections not
expressly mentioned hereafter shall remain the same:
“(C)Meter Fee:”
(2) 1” meter: $538.00
(3) 1-1/2” meter: $1,568.00
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.
SECTION 4.
SEVERABILITY
It is hereby declared to be the intention of the Town Council that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any
section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared
unconstitutional by a valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences,
clauses, or phrases of this Ordinance; since the same would have been enacted by the Town
Council without the incorporation in this Ordinance of any such unconstitutional section,
paragraph, sentence, clause, or phrase.
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Page 3 of 3ORD 2025-XX
SECTION 5.
SAVINGS
All rights and remedies of the Town are expressly saved as to any and all violations
of the ordinances of the Town that have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be affected
by this Ordinance, but may be prosecuted until final disposition by the courts.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined, upon
conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00),
and a separate offense shall be deemed committed upon each day during or on which a
violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town is hereby directed to publish the caption and penalty
of this Ordinance as required by Section 3.16 of the Town’s Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this
14th day of April 2025.
Jeannette Tiffany, Mayor
ATTEST:
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
Dean Roggia, Town Attorney
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Order No. 2025-0317 A Rate Order
RATE ORDER
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1
ORDER NO. 2025-0317 A
AN ORDER ESTABLISHING POLICIES, PROCEDURES, AND RATES FOR
WATER AND SEWER SERVICE; PROVIDING FEES FOR CONNECTION,
RECONNECTION, INSPECTION, ACCURACY READINGS, AND RETURNED
CHECKS; REQUIRING DEPOSITS FOR SERVICE; PROVIDING A PENAL TY
FOR DELINQUENT PAYMENTS; AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
WHEREAS, Trophy Club Municipal Utility District No. 1 (the "District") is the owner and/or
operator of a water and sewer system designed to serve present and future inhabitants within the
District and the Trophy Club Development; and
WHEREAS, the District's most recent Rate Order was adopted on September 18, 2024
(Order No 2024-091 SA), and additional modifications are needed. The District desires to establish
all of its rate policies in a single new Rate Order; and
WHEREAS, the Board of Directors of the District has carefully considered the terms of
this Rate Order No. 2025-0317 A and is of the opinion that the following conditions and provisions
should be established as the policies, procedures, and rates for obtaining service from the
District's water and sewer system.
THEREFORE, IT IS ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO. 1 THAT:
ARTICLE I
TAP FEES AND CONNECTION POLICY
Section 1.01. Initiation of Water and Sanitary Sewer Connections. Each person
desiring a water and sanitary sewer service connection to the District's System shall be required
to pay such fees as set forth in this Order. No service shall be established or re-established until
such fees are paid. All service connections are subject to all other rules, regulations, and policies
of the District.
A. Certification of System. Connections shall not be made to the District's
System or portions of the System until the District's engineer or District staff has
certified that the System or applicable portion thereof is operable and meets all
regulatory requirements.
8. Backflow Prevention. No water connections from any public drinking water
supply system shall be allowed to any residential or commercial establishment where
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an actual or potential contamination hazard exists unless the public water facilities
are protected from contamination.
At any residential or commercial establishment where an actual or potential
contamination hazard exists, protection shall be required in the form of a backflow
prevention assembly. The type of assembly required shall be specified by the District.
The existence of potential contamination hazards without installation having been
made of the means of control and prevention as set out in the preceding paragraph;
or the same having been installed, there is a failure to properly maintain the same,
shall be considered sufficient grounds for immediate termination of water service.
Service can be restored only when the health hazard no longer exists, or when the
health hazard has been isolated from the public water system in accordance with the
foregoing requirements.
All backflow prevention assemblies that are required according to this section
shall be tested upon installation by a recognized backflow prevention assembly tester
and certified to be operating within specifications. Backflow prevention assemblies
that are installed to provide protection against health hazards must also be tested
and certified to be operating within specifications at least annually by a recognized
backflow prevention assembly tester.
The Customer shall, at his expense, properly install, test, and maintain any
backflow prevention device required by this Rate Order. Copies of all testing and
maintenance records shall be provided to the District within ten (10) days after
maintenance and/or testing is performed.
If the Customer fails to comply with the terms of this Order, the District shall, at
its option, either terminate service to the property or properly install, test, and maintain
an appropriate backflow prevention device at the service connection at the expense
of the Customer. Any expenses associated with the enforcement of this agreement
shall be billed to the Customer.
C. Availability of Access/Obstructions. By application for connection to the
District's System, the Customer shall be deemed to be granting to the District and its
representatives a right of ingress and egress to and from the meter or point of service
for such installation, maintenance, and repair as the District, in its judgment, may
deem reasonably necessary. The Customer shall also be deemed to be granting to
the District and its representatives a right of ingress and egress to the Customer's
property, including the exterior of the Customer's premises, for the purpose of
performing the inspections and completing the Customer's Service Inspection
Certifications required by the District's rules and regulations. Taps and connections
will not be made when, in the opinion of the District, building materials or other debris
obstructs the work area or the work area is not completed or finished to grade. When
sidewalks, driveways or other improvements have been constructed prior to
application for service, such application shall be construed and accepted as the
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Order No. 2025-0317A Rate Order
Customer's waiver of a claim for any damages to such improvements resulting from
the reasonable actions of the District in installation of the connection.
Section 1.02. Residential Fire Lines, Connections, and Fees. A residence of at least
six thousand (6,000) square feet but less than eight thousand (8,000) square feet shall have
installed on its one-inch (1 ") water service line, for fire protection, a one-inch (1 ") U-branch, with
a separate meter and meter-box. The cost of installation, including parts, equipment, and labor
shall be quoted at the time of request and is payable at the time of permitting.
A residence of eight thousand (8,000) square feet or greater, in addition to its regular one-
inch (1 ") water service line, shall have installed a separate one-and one-half (1 ½")water service
line for fire protection with its own meter and meter-box. The cost of connection and installation
of the fire line and meter shall be quoted at the time of request and is payable at the time of
permitting.
Section 1.03. Connections by District. All Connections to the District's water and sewer
system shall be made with written approval of the District and in accordance with the District's
Plumbing Code and its rules and regulations.
No person except the General Manager or his/her authorized agent shall be permitted to
tap or make any connection to the mains or distribution piping of the District's water system, or
make any repairs, additions to, or alterations in any meter, box, tap, pipe, cock, or other fixture
connected with the water system or any manhole, main, trunk or appurtenance of the District's
sanitary sewer system. No sewer connection shall be covered in the ground and no house lead
shall be covered in the ground before it has been inspected and approved by a licensed plumbing
inspector with jurisdiction of the site.
Section 1.04. Water and Sewer Tap Fees. Fees for water and sewer taps performed
by the District are as follows:
Water and Sewer Service Taps: Actual cost plus 10%. An estimate will be provided
prior to work being performed.
When water taps have been made by someone other than the District personnel, there is
an installation/inspection fee of fifty dollars ($50.00) plus the cost of the appropriate meter.
Section 1.05. Inspections and Fees. Fees for permits and for plumbing inspections
(other than for sewer and backflow inspections referred to below in subparagraphs A and B)
should be paid to the city or town in which the property is located or to the District if the property
is not located within a city or town.
A. Sewer Inspection and Fees. Sewer connections and house service lines shall
be inspected by the District. An inspection fee of one hundred fifty dollars ($150.00)
shall be paid to the District for each connection to the District sanitary sewer system.
Installations that fail to conform at any time to the rules and regulations shall be
disconnected. Any customer whose connection is disconnected for such failure shall
be notified as to the basis for such disconnection. After noted deficiencies have been
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Order No. 2025-0317A Rate Order
corrected, a re-inspection shall be made upon payment to the District of a re-
inspection fee of twenty-five dollars ($25.00), plus payment by the customer of all
outstanding charges. If subsequent re-inspections are required before the sewer
connection and service lines are in compliance with the rules and regulations, a re-
inspection fee of twenty-five dollars ($25.00) shall be paid to the District for each
subsequent re-inspection. Inspections by the District requested after regular business
hours will be charged at a minimum of one hundred dollars ($100.00).
B. Backflow Inspections. Backflow installations (residential and commercial)
that require annual inspections must have a certified Backflow Technician perform
the testing and submit the report annually to the District.
C. Swimming Pool Discharge into Sanitary Sewer System. New swimming
pools permitted on or after June 24, 2005, shall have all backwash and/or drainage
from said pool discharge into the sanitary sewer system. Owners of pools built or
permitted prior to July 1, 2005, are not required to retrofit the pool equipment and tie
into the sanitary sewer. However, swimming pool backwash and drainage must drain
to grassy areas and is not permitted to flow into the storm drain system, creeks, or
other waterways.
For swimming pools discharging to the sanitary sewer system, an indirect
connection shall be made by means of an air break, discharging into a tailpiece
installed a minimum of six inches (6'') (or 152 mm) above adjacent grade. The
tailpiece shall be connected to a minimum three-inch (3" or 76mm) p-trap not less
than twelve inches (12" or 304 mm) below grade which discharges into the yard
cleanout riser. Backwash systems shall not flow onto neighboring properties or into
the storm sewer. The tie-in and inspection fee shall be seventy-five dollars ($75.00)
to be paid at the time of issuance of the pool permit.
Section 1.06 Temporary Water Service-Construction Meters.
A. Construction Meters. The District shall be authorized to make a temporary
connection to any fire hydrant or flushing valve upon request for temporary water
service. All temporary service shall be metered and billed to the temporary customer
as provided herein. All unauthorized withdrawal of water from flushing valves, fire
hydrants, or other appurtenances of the District's System is prohibited.
B. Application and Deposit. Each temporary customer desiring temporary
water service shall be required to execute an application for such temporary service
and shall provide a security deposit of one thousand five hundred dollars
($1,500.00). The deposit shall be made by cashier's check or money order payable
to the District. The deposit shall be used by the District to secure the payment for
temporary water supplied by the District, the installation fee, and the cost of repair
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Order No. 2025-0317A Rate Order
of any damage caused by the temporary customer. The balance of the security
deposit, if any, shall be refunded after disconnection from the District's System.
C. Construction Meter Fees and Rates. Construction meters will be charged
the same monthly rates (base fee and volumetric rate) for water as commercial
accounts as set forth in Article II of this Rate Order.
D. Temporary Construction Meter Use and Billing. Construction meters can
be rented by filing an application at the District office and payment of all required
deposits. Upon approval of the application, a temporary meter and RPZ will be
provided to the applicant. Installation on any fire hydrant or flush valve must be
approved by the District and District meters may only be used within the District's
service area. The location of installation must be indicated on the application and
cannot be relocated unless notification is provided to and approved by the District in
advance. Temporary meters may only be rented for a period of ninety (90) days and
extensions may be approved upon request and approval. Failure to return a
temporary meter or request a usage extension by the due date will result in
repossession of the meter and forfeiture of the deposit.
Upon return of a temporary construction meter, an inspection of the meter and RPZ
will be performed. Any and all damages to the meter and/or RPZ will be charged to
the customer and deducted from the deposit. If the deposit does not cover the total
amount of damage, the balance will be billed to the customer and payment must be
received by the due date. Failure to pay all charges due will result in suspension of
rental privileges until payment in full and may result in collection procedures.
E. Return of Temporary Meter at District Request. The District reserves the
right to request the return of a temporary construction meter at any time determined
necessary by the District. Should Stage 2 Drought Restrictions or more stringent
restrictions be implemented, all temporary construction meters must be returned
within three (3) business days of notification by the District. Failure to promptly return
the temporary meter within three business days will result in repossession of the
meter and forfeiture of the deposit. Should District personnel be unable to locate the
temporary meter for repossession, theft charges will be filed against the meter holder
with local law enforcement.
Section 1.07 Service Outside the District. The rates and charges stated in this Rate
Order are for services to customers and property located within the boundaries of the District. Any
service to a customer or property located outside the boundaries of the District shall be granted
only upon approval by the Board of Directors of the District. Out of District customers will pay
the adopted rates for in District customers plus 15% for both water and sewer base and volumetric
rates. For the purpose of customer classification, Trophy Club Park at Lake Grapevine is
considered "in-district" and subject to all rates and service provisions related to in-district
customers.
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Section 1.08 Service to New Development and Extension of Facilities.
A. New Service Connections and Extension of Facilities. New service
connections and extension of facilities must be constructed and installed in
accordance with the District's Rules Governing New Service Connections and
Extension of Facilities as approved through separate Resolution by the Board of
Directors. Applicants for Non-Standard Service must submit all required
information and pay all fees prior to conveyance of facilities and service
commencement.
B. Application Fee for Non-Standard Service. Upon request for non-standard
service an application fee of one hundred fifty dollars ($150) must be submitted.
C. Design of Facilities. All water and wastewater facilities to be constructed to
extend service to new developments must be designed by a professional engineer
licensed in the State of Texas at the applicant's expense. The District must approve
the plans and specifications prior to the commencement of construction. At the time
of plan review submittal, the applicant must provide payment to the District in the
amount of two thousand five hundred dollars ($2,500.00) as deposit for review of each
set of plans and specifications reviewed by the District's engineer. The actual final
fee for plan review by the District's engineer shall be provided to the applicant upon
approval of the plans. If there is a balance due over the two thousand five hundred
dollars ($2,500) paid by the applicant at submittal, the balance due shall be paid by
the applicant prior to receiving District approval of plans and specifications. District
construction plans, and specifications shall be strictly adhered to, but the District
reserves the right to change order any specifications, due to unforeseen
circumstances during the design or construction of the proposed facilities, or as
otherwise authorized by applicable laws, to better facilitate the operation of the facility.
All expenses and costs associated with a change order shall be charged to the
applicant. Service to new developments is subject to available capacity in the
District's water and wastewater systems. All new potential developments must seek
written approval from the General Manager that capacity is available to serve and
may be required to install offsite improvements if capacity is not available with current
system infrastructure.
D. Inspection Fees. The District will inspect all infrastructure during construction.
Inspection fees of one hundred dollars ($100) per lot must be paid to the District prior
to a notice to proceed being issued. A minimum of five hundred dollars ($500) for
inspection fees is required if less than five (5) lots are to be developed.
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Order No. 2025-0317A Rate Order
Section 1.09 Water Meter Fees.
METER SIZE WATER METER FEE
5/8" $358
1" $538
1-1 /2" $1,568
2" -10" Quoted at Time of Purchase
Fees must be received by the District before any connection is installed.
A customer seeking service through an oversized connection line or from a meter larger
than a one inch (1 ") standard meter shall follow the District's policy for new development as
outlined in Section 1.07 above. Should approval be granted by the District, the customer agrees
to pay the water and sewer rates as outlined in Article II of this Rate Order.
Section 1.10. Fort Worth Impact Fee. Each customer requesting an initial connection
shall also pay to the District the applicable City of Fort Worth Impact Fee.
Section 1.11. Title to Facilities. Title to all water meters, water and sewer taps, and all
other appurtenances, including meter boxes, shall lie in the District.
ARTICLE II
SERVICE RATES
Section 2.01. Water Service Rates. The following monthly rates for water service shall
be in effect for each separate connection within the District. The base rate for each connection
(meter) is calculated upon meter size and will be charged for each residential and commercial
meter:
(1) Water Rates
BASE RATES:
Meter Size
5/8" & 3/4"
1"
1.5"
2"
3"
4"
6"
Monthly Base Rate
$20.26
$38.08
$67.54
$108.06
$204.80
$337.68
$675.38
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VOLUMETRIC RATES:
Gallons Used
Rate per
1,000 gallons
0 to 6,000 $4.69
6,001 to 17,000 $5.46
17,001 to 25,000 $6.32
25,001 to 50,000 $7.34
50,001+ $8.53
(2) Multi-Unit Buildings.
Each multi-unit building (apartments, townhomes, business complex, etc.)
served by a single 5/8" meter or 1" meter shall be billed the base rate for
the meter size servicing the building multiplied by the number of units in the
building or complex.
Section 2.02. Sewer Service Rates. The following monthly rates for the collection and
disposal of sewage shall be in effect for each separate connection within the District:
Residential Sewer Rates: The District uses winter averaging for the purpose of
calculating sewer charges on utility bills. The sewer charges are based on average water
consumption for three months (December, January, and February billing). The average
consumption will be analyzed annually and take effect on the first of April each year.
New customers will be assigned a default value user charge that is equal to the average
winter water use for all residential customers. The winter average used for new residential
customer is 7,000 gallons.
A customer with a water leak during the averaging months may request a reduction in the
sewer usage calculation. Any customer filling a pool after resurfacing, construction or major
repairs during the averaging months may request that their winter average calculation be
adjusted. Requests for a reduction in sewer usage calculations must be submitted in writing to
the General Manager and have documentation showing the construction or repairs as applicable
to the issue. The General Manager or a duly authorized representative may adjust the metered
water usage in determining the winter average. To assist in establishing winter averaging sewer
rates, customers are encouraged to submit requests for sewer average reductions no later than
March 15th.
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A. Residential Sewer Rates:
Base Rate: $ 22.15
0 to 4,000 $ 3.57
4,001 to 8,000 $ 5.09
8,001 to 12,000 $ 7.18
12,001+ $ 10.22
B. Commercial Sewer Rates:
Base Rate: $ 22.15
Volumetric Rate: $ 8.57
*Commercial sewer usage is billed based on actual water usage per month
C. Multi-Unit Buildings.
Each multi-unit building (apartments, townhomes, business complex, etc.) shall be
billed the base rate for each meter servicing the building and sewer usage will be
billed based on actual water usage per month.
Section 2.03 Effluent Charge. The effluent from the District's wastewater treatment
plant will be sold pursuant to separate contracts entered into with the District and approved by its
Board of Directors.
Section 2.04. Master Meter (Cooling Tower Calculation). The water usage from the
master meter reading minus the reading from the "Blow Down" meter equals the "evaporation."
Water usage less "evaporation" equals sewer usage for billing purposes.
Section 2.06. Regulatory Assessment. Pursuant to Section 5.235, Texas Water Code,
and 30 TAC 291.76, the District shall collect and pay an annual regulatory assessment fee to the
Texas Commission on Environmental Quality ("TCEQ") in the amount required by law on the total
charges for retail water and sewer service billed to its customers annually. The regulatory
assessment fee will be detailed separately on customer bills.
Section 2.07. No Reduced Rates or Free Service. All customers receiving water and/or
sewer service from the District shall be subject to the provisions of this Order and shall be charged
the rates established in this Order. No reduced rate or free service shall be furnished to any
customer whether such user be a charitable or eleemosynary institution, a political subdivision,
or municipal corporation; provided, however, this provision shall not prohibit the District from
establishing reasonable classifications of customers.
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ARTICLE Ill
SERVICE POLICY
Order No. 2025-0317A Rate Order
Section 3.01. Security Deposits. Security deposits shall be required as follows:
A. Builder's Deposit. A one hundred dollar ($100.00) security deposit shall be
required of builders for each tap made by the District for such service connection,
payable at or prior to the time that such tap is made, and the security deposit is
refundable to the builder when the account is later transferred to an owner if that
account and all other accounts of the builder are current at the time of the transfer;
but, if that account or any other account of the same builder is not current at the time
of such transfer to an owner, then the security deposit shall be applied against the
outstanding balance of the builder's account(s) at the time of such transfer. The
District shall deduct from the deposit the cost to repair any damage caused to the
District's property by the builder or the builder's employees, contractors,
subcontractors, or agents and shall deduct any delinquent water and sewer service
bills of the builder. In the event any amounts are deducted from the builder's deposit,
it will be incumbent on the builder to reinstate the original amount of the deposit, and
failure to do so will result in the suspension of any additional water taps for the builder.
B. Residential and Lessee Deposits. A security deposit of one hundred dollars
($100.00) shall be required from each residential owner and lessee for a single-family
home connected to the District's system. Deposits will be applied to the bill upon
twenty-four (24) consecutive months of on-time payments. A deposit will be required
to reestablish service due to disconnection. Upon discontinuation of service, the any
remaining deposit shall be applied against amounts due, including disconnection
fees.
C. Commercial Deposits
COMMERCIAL
METER SIZE WATER SEWER
¾" $75 $60
1" $100 $100
1.5" $250 $200
2" $500 $320
3" $1,000 $700
4" $1,800 $1,200
6" $3,750 $2,500
8" $5,400 $3,600
D. Construction Meters. See Section 1.06 above.
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Order No. 2025-0317A Rate Order
E. Deposits. The District does not pay interest on deposits. The interest drawn
by the District on customer deposits is returned into the operating budget of the
water/sewer fund to help in providing the lowest possible water and sewer rates for
our customers.
Section 3.02. Billing Procedures. All accounts shall be billed in accordance with the
following:
A. Due Date and Delinquency. Charges for water and sewer services shall be
billed monthly. Payment shall be due on or before the twentieth (20 th ) day of the month
in the month in which the bill was received. Unless payment is received on or before
the twentieth (20 th ) day of the month, such account shall be considered delinquent. If
the due date falls on a holiday or weekend, the due date for payment purposes shall
be the next working day after the due date. The District shall charge a penalty on past
due accounts calculated at the rate of fifteen percent (15%) per month on water and
sewer charges. The rates for water and sewer service shall depend upon the type of
user and upon whether the water used has been chemically treated, as provided in
this Rate Order. All accounts not paid by the due date shall be deemed delinquent
and failure to make payment thereafter may result in the termination of water and
sewer service.
B. Notice and Appeal. Prior to termination of service, a customer who is
delinquent in payment shall be sent a notice that service will be discontinued on or
after the fifteenth (15th) day after the date of such notice unless payment in full is
received before such day disconnection is scheduled. Notice shall be sent by first
class United States mail and shall inform the customer of the amount of the delinquent
bill, the date service will be disconnected if payment is not made, and of the
customer's right to contest, explain, or correct the charges, services, or
disconnection. Service shall not be disconnected where a customer has informed the
District of his or her desire to contest or explain the bill. If the customer appears before
the Board, the Board shall hear and consider the matter and inform the customer of
the Board's determination by sending written notice to the customer by first class
United States mail stating whether or not service will be disconnected. In the event
of a service disconnection for non-payment, an additional Security Deposit of one
hundred dollars (100.00) will be required for Residential homeowners and Lessees
to restore service in addition to a fifty-dollar ($50.00) service fee, and after-hours re-
connection charges, if applicable, and any outstanding balance in arrears will need
to be brought current. As set out above in Section 3.01, If payment is not received
prior to the date that disconnection has been scheduled, a service charge of fifty
dollars ($50.00) will be added to the account. Reconnections made outside of the
District's normal business hours at the customer's request will be charged at an
additional after hour's fee of one-hundred dollars ($100.00).
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C. Business Hours. For purposes of assessing the foregoing charges, "normal"
or "regular" business hours shall mean only the hours between 8 a.m. and 5 p.m.,
Monday through Friday. All other times, including District holidays, are outside of the
District's normal business hours and will result in the higher charge.
D. Returned Checks and Bank Drafts. A twenty-five-dollar ($25.00) charge will
be charged to the customer's account for any check or ACH bank draft returned by
the bank. Any amounts due on an account which have been paid with a check or ACH
bank draft that has been returned by the bank must be paid in full by cash, cashier's
check or money order, including all late charges and returned check charges, within
ten (10) days from the day the District mails notice to the customer or otherwise
notifies the customer that the check or ACH bank draft has been returned by the bank.
E. Same-Day Service. An additional charge of twenty-five dollars ($25.00) shall
be made when a customer requests same-day service. As an example, this charge
will be implemented upon request by a customer for same-day service to start or
terminate water and sewer service or to perform re-reads the same day as requested.
F. Accuracy Reading Fee. A meter accuracy reading fee in the amount of
twenty-five dollars ($25.00) shall be charged to a customer by the District for each
meter accuracy reading made by the District for such customer when the original
reading appears to be accurate. If the original meter reading appears to be in error,
no fee will be charged. Each customer will be allowed one accuracy meter reading
per calendar year at no charge. **Should a customer request that a meter be
removed, and bench tested by an outside source, then a fee of one hundred twenty-
five dollars ($125.00) will be charged to the customer. If the meter fails to meet
American Water Works Association standards for in-service meters, then the
customer will be given a credit offsetting the amount of the charge.
G. Meter Data Logging Fee. Each customer will be allowed one data log at no
cost per fiscal year. A fee of twenty-five dollars ($25.00) shall be charged to a
customer by the District for each meter data logging service performed thereafter.
Meter data logging service can only be provided during regular business hours.
Section 3.03. Entitlement. Water and sewer service shall be provided to customers in
accordance with all TCEQ rules covering minimum water and sewer standards.
Section 3.04. Unauthorized and Extraordinary Waste. The rates established herein
are applicable for Domestic Waste as defined herein. Customers proposing to generate other
types of waste will be assessed additional charges as established by the District.
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Section 3.05. Damage to District Facilities.
A. Damage to Meter and Appurtenances. No person other than a duly
authorized agent of the District shall tamper with or in any way interfere with a meter,
meter box, service line or other water and/or sewer system appurtenance. The District
reserves the right, immediately and without notice, to remove the meter or disconnect
water service to any customer whose meter has been tampered with and to assess
repair charges to the customer, plus a damage fee not to exceed five thousand dollars
($5,000.00), plus any applicable charge for same day service. The District also
reserves the right to file civil and/or criminal charges against any person or entity
tampering with the District's public water system and/or sewer system.
B. Repair. It is the responsibility of the customer to maintain and repair the
water service line from the point of connection to the District's water meter. The
District reserves the right to repair any damage to the District's System and
appurtenances without prior notice and to assess against any customer such
penalties as are provided by law and such penalties provided for in this Rate Order
in addition to those charges necessary to repair the portion of the System so
damaged.
C. Video. If at any time a resident/customer wishes to have the District video
their sewer line to help the resident determine the condition of their sewer line, the
fee will be one hundred fifty dollars ($150.00) payable to the District assessed on the
next month's bill.
Section 3.06. Easements. Before service is established to any customer, the person
requesting such service shall grant an easement of ingress and egress to and from the meter( s)
for such maintenance and repair as the District, in its judgment, may deem necessary.
Section 3.07. Required Service. No service will be provided by the District unless the
customer agrees to receive both water and sewer service, except that permanent irrigation only
meters may receive water service only. Irrigation meters cannot be connected to any building
plumbing.
Section 3.08. Additional Charges. In all cases where services are performed, and
equipment or supplies are furnished to a party or entity not within the District, the charge to said
party or entity shall be the District's cost of providing such services, equipment and/or supplies,
plus fifteen percent (15%). This shall not apply to services, equipment and/or supplies furnished
by the District under an existing lnterlocal Agreement.
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Page 33 of 148
ARTICLE IV
INDUSTRIAL WASTE
Order No. 2025-0317A Rate Order
Section 4.01. Industrial Waste Policy. The following policy regarding industrial waste
shall be effective:
A. Definition. "Industrial waste" shall mean the water-borne solids, liquids, and/or
gaseous wastes (including Cooling Water), resulting from any industrial,
manufacturing, trade, business, commercial, or food processing operation or process,
or from the development of any natural resource, or any mixture of such solids,
liquids, or wastes with water or domestic sewage. The Clean Water Act of 1977, as
amended, and the General Pretreatment Regulations contained in 40 C.F .R. 403
contain the requirements for user's discharge of industrial waste into wastewater
facilities.
B. Industrial Waste Discharge, Charges, and Rates. If any customer of the
District's sanitary sewer system proposes to discharge industrial waste into such
system, the Board of Directors of the District shall request the recommendation of the
District Engineer and shall establish rates and charges to provide for an equitable
assessment of costs whereby such rates and charges for discharges of industrial
waste correspond to the cost of waste treatment, taking into account the volume and
strength of the industrial, domestic, commercial waste, and all other waste discharges
treated and techniques of the treatment required. Such rates shall be an equitable
system of cost recovery which is sufficient to produce revenues, in proportion to the
percentage of industrial wastes proportionately relative to the total waste load to be
treated by the District for the operation and maintenance of the treatment works, for
the amortization of the District's indebtedness for the cost as may be necessary to
assure adequate waste treatment on a continuing basis.
C. Pretreatment. The Board of Directors of the District shall rely upon the
recommendation of the District Engineer and shall require pretreatment of any
industrial waste that would otherwise be detrimental to the treatment works or to its
proper and efficient operation and maintenance or will otherwise prevent the entry of
such industrial waste into the treatment plant.
ARTICLE V
ENFORCEMENT/CIVIL PENALTIES
Section 5.01. Enforcement.
A. Civil Penalties. The Board hereby imposes the following civil penalties for
breach of any rule of the District: The violator shall pay the District twice the costs the
District has sustained due to the violation up to ten thousand dollars ($10,000.00). A
penalty under this Section is in addition to any other penalty provided by the laws of
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Page 34 of 148
Order No. 2025-0317 A Rate Order
this State and may be enforced by complaints filed in the appropriate court of
jurisdiction in the county in which the District's principal office or meeting place is
located. If the District prevails in any suit to enforce its rules, it may, in the same
action, recover any reasonable fees for attorneys, expert witnesses, and other costs
incurred by the District before the court. The court shall fix the amount of the
attorneys' fees.
B. Liability for Costs. Any person violating any of the provisions of this Order
and/or the rules and regulations governing water and sanitary sewer facilities, service
lines, and connections shall become liable to the District for any expense, loss or
damage occasioned by the District by reason of such violation, and enforcement
thereof shall be in accordance with Paragraph A of Section 5.01 of this Order.
Section 5.02. Non-waiver. The failure on the part of the District to enforce any section,
clause, sentence, or provision of this Order shall not constitute a waiver of the right of the District
later to enforce any section, clause, sentence, or provision of this Order.
Section 5.03. Appeal. Any determination by the District of any dispute regarding the
terms and provisions of this order may be appealed to the Board of Directors of the District, which
shall conduct a hearing on the matter. The District shall provide the customer with information
regarding appeals and hearing procedures upon the customer's request.
ARTICLE VI
MISCELLANEOUS
Section 6.01. Amendments. The Board of the District has and specifically reserves the
right to change, alter or amend any rate or provision of this Order at any time.
Section 6.02. Severability. The provisions of this Order are severable, and if any
provision or part of this Order or the application thereof to any person or circumstance shall ever
be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the
remainder of this Order and application of such provision or part of this Order shall not be affected
thereby.
ARTICLE VII
REPEAL OF PREVIOUS ORDERS
This Rate Order shall be known as the "2025-0317A Rate Order" (Order No. 2025-0317A) of the
District. All previous Orders adopted by the Board of Directors pertaining to the subject matter
hereof are each hereby repealed in their entirety as of the effective date hereof.
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Page 35 of 148
ARTICLE VIII
EFFECTIVE DATE
This Order shall be effective on April 1, 2025.
ARTICLE IX
PUBLIC MEETING
Order No. 2025-0317A Rate Order
It is hereby found that the meeting at which this Order is adopted is open to the public as required
by law, and that public notice of the time, place, and subject matter of said meeting and of the
proposed adoption of this Order was given as required by law.
ADOPTED AND APPROVED this 17th day of March 2025.
Kevin R. Carr, President
Board of Directors
Doug
Board of Directors
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TOWN COUNCIL COMMUNICATION
MEETING DATE: April 14, 2025
FROM: Tamara Smith, MSL, Assistant to the Town Manager
AGENDA ITEM: Consider an ordinance of the Town of Trophy Club amending Chapter 13,
Article 13.02 "Solid Waste" of the Code of Ordinances, by repealing Division 1
in its entirety and adopting a new Division 1; by amending Division 2
"Scavenging Refuse" of Article 13.02 "Solid Waste" by replacing Section
13.02.041 "Definitions" in its entirety; and providing for solid waste collection.
(Tamara Smith, Assistant to the Town Manager)
BACKGROUND/SUMMARY:
The Trophy Club Code of Ordinances includes a solid waste article that outlines how solid waste
services are provided in the Town, with details that are specific to the current contract with the
existing solid waste provider. On January 13, 2025, the Town Council approved a franchise
agreement with Community Waste Disposal (CWD) for solid waste and recycling collection.
Since the Code of Ordinances will contain outdated information once the new contract takes
effect on June 1, 2025, staff is proposing an ordinance change. This change will reduce the level
of detail and incorporate more general references to the effective franchise agreement,
ensuring the ordinance remains relevant and adaptable to future changes. Staff recommends
these changes to improve clarity and usability of the Code.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: There is no financial impact associated with this agenda item.
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the ordinance as to form and
legality.
ATTACHMENTS:
1. Ordinance
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to approve the ordinance of the Town of
Trophy Club amending Chapter 13, Article 13.02 "Solid Waste" of the Code of Ordinances, by
repealing Division 1 in its entirety and adopting a new Division 1; by amending Division 2
"Scavenging Refuse" of Article 13.02 "Solid Waste" by replacing Section 13.02.041 "Definitions"
in its entirety; and providing for solid waste collection.
Page 37 of 148
Page 38 of 148
Page 1
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2025-XX
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AMENDING CHAPTER 13 “UTILITIES”,
ARTICLE 13.02 “SOLID WASTE”, DIVISION 1 “GENERALLY” OF THE
CODE OF ORDINANCES, THE TOWN OF TROPHY CLUB, TEXAS, BY
REPEALING DIVISION 1 IN ITS ENTIRETY AND ADOPTING NEW
DIVISION 1; AND BY AMENDING SECTION 13.02.041 “DEFINITIONS”
OF DIVISION 2 “DISCARDED MATERIALS”; PROVIDING FOR SOLID
WASTE COLLECTION; PROVIDING THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS 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 IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (“Town”) is a home rule municipality acting
under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, Section 10.03 of the Town Charter provides that the Town Council,
after public hearing, has the authority to enter into a franchise agreement by ordinance;
and
WHEREAS, the Town Council granted a franchise agreement for solid waste
collection services with Community Waste Disposal to be effective beginning on June 1,
2025, to provide solid waste management, collection, and disposal services for the
benefit of the health, safety, and welfare of the general public; and
WHEREAS, the Town Council is authorized to adopt regulations for controlling
and governing solid waste collection, handling, transportation, storage, processing and
disposal pursuant to Chapter 363 of the Texas Health and Safety Code, and other laws
of the state of Texas; and
WHEREAS, the Town Council finds that this Ordinance is in the best interest of
the Town and is necessary to preserve and protect the public health, safety, and
general welfare of the citizens of the Town and the general public.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
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Page 2
SECTION 1.
All of the premises and recitals above are true and correct and are hereby
incorporated in the body of this Ordinance as if fully set forth herein.
SECTION 2.
Division 1 “Generally” of Article 13.02 “Solid Waste” of the Code of Ordinances,
Town of Trophy Club, Texas, is hereby repealed in its entirety and replaced with the
following:
“Division 1 Solid Waste and Recycling Collection and Disposal
§ 13.02.001 Regulations for collection and disposal.
The regulations regarding solid waste collection and disposal, including, but not limited
to, the definitions, rates, and charges for solid waste collection services, are contained
in the effective franchise agreement for solid waste collection services (the “Franchise
Agreement”), which was approved by the Town Council in accordance with Section
10.03 of the Town Charter, and is hereby incorporated into this article by reference and
kept on file in the Town Secretary's Office, as amended.
§ 13.02.002 Mandatory solid waste services.
Every owner, occupant, tenant, or lessee using or occupying any building, house or
structure within the town shall be required to use the town’s approved franchise vendor
for solid waste collection service pursuant to the Franchise Agreement and pay the
applicable solid waste fee as established by the Franchise Agreement, or otherwise
established by ordinance for residential, commercial, or industrial rates.
§ 13.02.003 Duties of residential customers.
It shall be the duty of each residential customer to place refuse and recyclable materials
as follows:
(1) Each residential customer shall place all refuse (in the case of brush, if the size
allows) and recyclable materials in appropriate refuse or recycling containers
sufficient in number so that the refuse/recyclable materials shall not become or
constitute a public nuisance.
(2) Recycling containers and/or other refuse containers shall not be placed at
curbside prior to 7:00 p.m. on the day before a pickup day.
(3) Recycling containers and/or other refuse containers must be removed from
curbside no later than 7:00 a.m. following a pickup day.
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Page 3
(4) All disabled residents shall be entitled to receive special pickup assistance. In
order to receive assistance, disabled residents shall notify the town’s approved
franchise vendor of his/her need.
(5) Refuse and all items included for residential collection shall be placed at curbside
at the resident’s street address in refuse containers and shall be placed and
maintained in such a manner as to prevent refuse from being scattered. Refuse
placed inside of an allowed cardboard, metal or wooden box, or other
unauthorized plastic container shall be bagged in a plastic bag, and no loose
trash shall be placed in a cardboard, metal or wooden box, or an unauthorized
plastic container.
(6) Every resident shall notify the approved franchise vendor for the collection of
bulky waste exceeding four (4) cubic yards, if such collection is needed. A fee
may be assessed in accordance with the fee schedule of the approved franchise
vendor.
(7) No residential customer shall place for collection or disposal, or permit to be
placed for collection or disposal, any hazardous waste.
(8) Every residential customer is hereby required to monitor pickup of their own
refuse and recyclable materials. If, after having timely placed containers for
collection, such containers are not emptied and the contents removed as may be
applicable within twenty-four (24) hours of scheduled collection, the resident shall
notify the town’s approved franchise vendor and report the non-collection at their
address.
§ 13.02.004 Disposal of residential hazardous waste materials.
Residential customers may request collection of hazardous waste through the town’s
approved franchise vendor. Customers shall follow all guidelines and scheduling
requirements set by the vendor for the proper disposal of hazardous waste.
§ 13.02.005 Residential collection of brush.
Brush that is of such a nature that it cannot be placed in a refuse container shall be cut
in lengths not to exceed four (4) feet and shall not exceed fifty (50) pounds per bundle.
All brush that is of such nature that it may be placed in a refuse container, including
without limitation all vines and thorny bushes, shall be placed in a plastic bag prior to
placement in a refuse container, and no loose brush shall be placed in a cardboard,
metal or wooden box, or an unauthorized plastic container. A resident may receive a
special pick-up upon request made through the town’s approved franchise vendor. A fee
based upon quantity and volume may be assessed in accordance with the approved
vendor’s fee schedule in effect at the time.
§ 13.02.006 Prohibited acts and conditions.
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Page 4
(1) It shall be unlawful for any person to sweep, throw, or deposit any refuse,
stagnant water, solid waste, or carrion into, upon, or along any public property or
private property of another, except as may be specifically provided by the
Franchise Agreement or this article.
(2) It shall be unlawful for any person owning or otherwise in control of any premises
within the town to permit any of the conditions described in subsection (a) of this
section to exist upon property owned or controlled by them after having actual or
constructive notice thereof.
(3) It shall be unlawful for any person to place in any container any material other
than as specifically provided in the Franchise Agreement or this article, including
but not limited to hazardous waste.
(4) It shall be unlawful for any person to deposit or maintain refuse except as
provided for by the Franchise Agreement or this article.
(5) It shall be unlawful for any person to deposit any ignited material in any container
used for the disposal of refuse.
(6) It shall be unlawful for a person to allow or cause the dumping of any
construction debris or other refuse, including without limitation that produced as a
result of major remodeling or general cleanup of property, at any location within
the town, except as provided in the Franchise Agreement or this article.
(7) It shall be unlawful for any commercial institution or industrial customer to
remove the drain plug from any commercial container.
(8) It shall be unlawful for any person to cause damage to or permit excessive
buildup of solid waste, refuse, or other material in refuse or recycling containers.
(9) It shall be unlawful to deposit household, commercial, or industrial waste in Town
owned or controlled public waste receptacles intended for pedestrian or public
space use.
§ 13.02.007. Removal of debris from construction or cleanup of property.
Construction debris, as that term is defined in the Franchise Agreement, or other
refuse resulting from preparation for construction, construction, major remodeling, or
general cleanup of property, or sizeable amounts of refuse due to construction,
construction preparation, remodel, or general cleanup of property, will not be removed
by the town or the town’s authorized franchise vendor as a regular service. The property
owner, or its contractor or authorized agent, shall have such construction debris
removed at its own expense. A property owner, or its contractor or authorized agent,
shall request a pick-up from the town’s approved franchise vendor for the removal of
construction debris in accordance with the Franchise Agreement. A fee for such service
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Page 5
may be assessed in accordance with the approved vendor’s fee schedule.
§ 13.02.008 Penalty.
A violation of any provision of this division is hereby declared to be a public nuisance,
and it shall be unlawful for any person to violate any provision of this division, and any
person violating or failing to comply with any provision of this division shall be fined,
upon conviction, not less than one dollar ($1.00) nor more than two thousand dollars
($2,000.00), and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
SECTION 3.
Division 2 “Scavenging Refuse” of Article 13.02 “Solid Waste” of the Code of
Ordinances, Town of Trophy Club, Texas, is hereby amended by replacing Section
13.02.041 “Definitions” its entirety with the following:
Ҥ 13.02.041 Definitions.
Discarded materials. Recyclable items, reusable items, household trash, garbage,
refuse, solid waste, debris, and other waste materials as specifically or generally
defined in the Franchise Agreement.”
SECTION 4.
This Ordinance shall be cumulative of all other provisions of ordinances of the
Town, except where the provisions of this Ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 5.
It is hereby declared to be the intention of the Town Council that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if
any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining sections, paragraphs,
sentences, clauses, or phrases of this Ordinance; since the same would have been
enacted by the Town Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause, or phrase.
SECTION 6.
All rights and remedies of the Town are expressly saved as to any and all
violations of the ordinances of the Town that have accrued at the time of the effective
date of this Ordinance; and, as to such accrued violations and all pending litigation, both
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Page 6
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 7.
The Town Secretary is hereby directed to publish the caption and penalty clause
of this Ordinance in the official newspaper of the Town as provided by Section 3.16 of
the Town’s Charter.
SECTION 8.
This Ordinance shall become effective on June 1, 2025, after passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED by the Town of Trophy Club, Texas, this the ____
day of ________2025.
Jeannette Tiffany, Mayor
ATTEST:
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
Dean Roggia, Town Attorney
Page 44 of 148
TOWN COUNCIL COMMUNICATION
MEETING DATE: April 14, 2025
FROM: Brandon Wright, Town Manager
AGENDA ITEM: Consider an ordinance for the Town of Trophy Club approving the annual rate
for solid waste and recycling services from the Town's franchise vendor,
Community Waste Disposal, effective June 1, 2025. (Tamara Smith, Assistant
to the Town Manager)
BACKGROUND/SUMMARY: On January 19, 2025, the Town Council approved a franchise
agreement with Community Waste Disposal (CWD) for solid waste and recycling collection.
Under this contract, service rates will begin at $25.71 per month starting June 1, 2025. This
service includes twice-weekly trash pickup, weekly recycling collection, weekly bulk pickup,
bundled brush collection, door-side household hazardous waste collection, six weeks of town-
wide leaf collection, and curbside Christmas tree recycling.
Each household will receive one 18-gallon recycling bin with a lid, with the option to request up
to three at no cost. Residents may also choose to upgrade to a 95-gallon polycart for an
additional $3.41 per month. More details on collection services and schedules will be shared
with residents before the transition, and additional information is available on the Town’s
website.
Commercial rates will also change with CWD. Commercial rates vary depending on the type of
service requested and are detailed in the fiscal impact section and attachmented documents.
The refuse franchise contract with the Town's current provider, Republic, expires at the end of
May 2025. In response to the end of that contract, the Town solicited bids from companies
interested in providing solid waste and recycling services to Trophy Club. Based on proposals
received, CWD was selected as the best value to residents while continuing to provide twice-
per-week collection service and customers' ability to use their own garbage bins or garbage
bags at the curb.
CWD will partner with the Town of Trophy Club to maintain high service standards with
enhanced options like more recycling choices, bulk waste pickup, and household hazardous
waste collection. The Town of Trophy Club had five companies respond to its request for
proposals. Various options were presented including reducing service to once-per-week
collection or mandating hauler-provided carts for trash and recycling collection. CWD provided
the best combination of meeting Trophy Club’s desire for twice-per-week collection and
collecting garbage bags at the curb at the lowest rate possible.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
Page 45 of 148
FISCAL IMPACT: Annually, CWD will provide the current base price with annual increases based
on the DFW Consumer Price Index. Below are the rates established for June 1, 2025 through
May 31, 2026.
Residential Rates Beginning June 1, 2025:
New Rate Increase from
Current Rate
Solid Waste and Recycling: $25.71 $5.16
Solid Waste and Recycling with 95-gallon bin: $29.12 $8.57
Commercial Rates Beginning June 1, 2025: (more details in attachments)
New Rate Increase from
Current Rate
Commercial Carts (1x week)
(more options available) $35.24 $12.56
Front Load Container Rate 2 CU Yds (1x week)
(more options available) $95.17 $8.65
Front Load Container Rate 3 CU Yds (1x week)
(more options available) $110.52 $10.04
Front Load Container Rate 4 CU Yds (1x week)
(more options available) $125.91 $11.45
Front Load Container Rate 6 CU Yds (1x week)
(more options available) $156.59 $14.24
Front Load Container Rate 8 CU Yds (1x week)
(more options available) $187.28 $17.03
Compactor 30 Yds $621.74 NEGO
Compactor 35 Yds $621.74 NEGO
Compactor 42 Yds $621.74 NEGO
Roll Off 20 Yds $532.11 $12.89 savings
Roll Off 30 Yds $606.81 $20.58
Roll Off 40 Yds $773.06 $33.48
Payments will be processed through the Finance Department and billed by the Trophy Club
Municipal Utility District No. 1.
LEGAL REVIEW: N/A
ATTACHMENTS:
1. Ordinance
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to approve an ordinance for the Town of
Page 46 of 148
Trophy Club's annual rate for solid waste services from the Town's franchise vendor,
Community Waste Disposal, effective June 1, 2025.
Page 47 of 148
Page 1 of 6 ORD 2025-XX
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2025-XX
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ARTICLE A1.000 “GENERAL PROVISIONS” OF APPENDIX
A “FEE SCHEDULE” BY ADDING A NEW SECTION A1.017 “SOLID
WASTE COLLECTION AND RECYCLING SERVICES FEES” OF THE
CODE OF ORDINANCES, TOWN OF TROPHY CLUB, TEXAS;
PROVIDING FOR AMENDMENT; PROVIDING THIS ORDINANCE IS
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the “Town”) is a home rule municipality
acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the
Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, fees imposed by the Town are adopted by ordinance and are codified in
Appendix A of the Code of Ordinances, Town of Trophy Club, Texas (the “Code”); and
WHEREAS, Section 10.03 of the Town Charter provides that the Town Council, after
public hearing, has the authority to enter into a franchise agreement by ordinance; and
WHEREAS, the Town Council granted a franchise agreement for solid waste
collection services with Community Waste Disposal to be effective beginning on June 1,
2025 (the “Franchise Agreement”), to provide solid waste management, collection, and
disposal services for the benefit of the health, safety, and welfare of the general public; and
WHEREAS, the Franchise Agreement includes fees and other costs to be charged
for solid waste collection and recycling services, and the Town Council is authorized to adopt
fees and other regulations for controlling and governing solid waste collection, handling,
transportation, storage, processing and disposal pursuant to Chapter 363 of the Texas
Health and Safety Code, and other laws of the state of Texas; and
WHEREAS, the Town Council finds that this Ordinance is in the best interest of the
Town and is necessary to preserve and protect the public health, safety, and general welfare
of the citizens of the Town 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
The above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
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Page 2 of 6 ORD 2025-XX
SECTION 2.
AMENDMENTS
Article A1.000 “General Provisions” of Appendix A “Fee Schedule” of the Code is
hereby amended by adding a new Section A1.017 “Solid Waste Collection and Recycling
Services Fees” to read as follows:
Ҥ A1.017 Solid Waste Collection and Recycling Services Fees.
The fees for solid waste collection and recycling services for the period of June 1, 2025,
through May 31, 2026, are shown on Schedule A below:
Schedule A
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Page 3 of 6 ORD 2025-XX
Page 50 of 148
Page 4 of 6 ORD 2025-XX
Page 51 of 148
Page 5 of 6 ORD 2025-XX
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.
SECTION 4.
SEVERABILITY
It is hereby declared to be the intention of the Town Council that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any
section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared
unconstitutional by a valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences,
clauses, or phrases of this Ordinance; since the same would have been enacted by the Town
Council without the incorporation in this Ordinance of any such unconstitutional section,
paragraph, sentence, clause, or phrase.
SECTION 5.
SAVINGS
All rights and remedies of the Town are expressly saved as to any and all violations
of the ordinances of the Town that have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be affected
by this Ordinance, but may be prosecuted until final disposition by the courts.
SECTION 6.
PUBLICATION
The Town Secretary of the Town is hereby directed to publish the caption of this
Ordinance if required by Section 3.16 of the Town’s Charter.
SECTION 7.
EFFECTIVE DATE
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Page 6 of 6 ORD 2025-XX
This Ordinance shall take effect on June 1, 2025, after passage and publication in
accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 14th day of April 2025.
Jeannette Tiffany, Mayor
ATTEST:
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
Dean Roggia, Town Attorney
Page 53 of 148
TOWN COUNCIL COMMUNICATION
MEETING DATE: April 14, 2025
FROM: April Duvall, Director of Finance
AGENDA ITEM: Consider an ordinance of the Town of Trophy Club amending Appendix A “Fee
Schedule,” Article A1.000 “General Provisions,” Section A1.010 “Municipal
Court,” by adding a new Subsection (h) “Credit Card Fees,” of the Code of
Ordinances. (April Duvall, Director of Finance)
BACKGROUND/SUMMARY: The Town currently absorbs all credit card processing fees for
payments made through the Municipal Court. To recover these costs and promote fiscal
responsibility, staff recommends adopting an ordinance to pass the processing fee on to
defendants who choose to pay by credit card.
Authorized under Section 132.003(a) of the Texas Local Government Code, municipalities may
collect a processing fee that reflects the actual cost incurred. This ordinance would ensure that
only those opting for the convenience of credit card payments bear the associated fee, leaving
all other payment methods unaffected.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT:
During the last fiscal year, the Municipal Court processed approximately $141,000 in credit
card payments. At the current processing fee rate of 5%, the Town incurred approximately
$7,000 in credit card fees associated with these transactions. By passing the credit card
processing fee on to defendants, rather than the Town absorbing the cost, the Town could
realize an annual savings of approximately $7,000 to $8,000.
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the ordinance as to form and
legality.
ATTACHMENTS:
1. Ordinanace
2. Municipal Court Fee Schedule
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to approve an ordinance amending Appendix A
Page 54 of 148
“Fee Schedule,” Article A1.000 “General Provisions,” Section A1.010 “Municipal Court,” by
adding a new Subsection (h) “Credit Card Fees,” of the Code of Ordinances.
Page 55 of 148
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2025-xx
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING APPENDIX A “FEE SCHEDULE,” ARTICLE A1.000
“GENERAL PROVISIONS,” SECTION A1.010 “MUNCIPAL COURT,” BY
ADDING A NEW SUBSECTION (H) “CREDIT CARD PROCESSING FEE,”
OF THE CODE OF ORDINANCES, TOWN OF TROPHY CLUB, TEXAS;
AUTHORIZING A SERVICE CHARGE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the “Town”) is a home rule municipality
acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the Town Council of the Town of Trophy Club (“the Town Council”), under
Chapter 132 of the Texas Local Government Code, has the legal authority and power to adopt
processing fees for credit card costs and payments, which is also described as a reimbursement fee
under Chapter 132 of the Texas Local Government Code; and
WHEREAS, Section 132.004 of the Texas Local Government Code authorizes the Town
to collect a service charge if, for any reason, a payment by credit card is not honored by the credit
card company on which the funds are drawn; and
WHEREAS, the Town Council finds and determines that the fees imposed by this
Ordinance are reasonably related to the expense incurred by the municipal official in processing
the payment by credit card, and adoption of this Ordinance is reasonable and necessary for the
protection of the public’s health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
Page 56 of 148
ORDINANCE NO.2025-XX PAGE 2
SECTION 2.
AMENDMENT
The Code of Ordinances, Town of Trophy Club, Texas, Appendix A, “Fee Schedule,”
Article A1.000 “General Provisions,” Section A1.010 “Municipal Court,” is hereby amended by
adding a new Subsection (h) to read as follows:
“(h) Credit Card Processing Fee: 5% of total payment”
SECTION 3.
SERVICE CHARGE
If, for any reason, a payment by credit card is not honored by the credit card company on
which the funds are drawn, the Town may collect a service charge from the person who owes the
fee, fine, court cost, or other charge. The service charge is in addition to the original fee, fine, court
cost, or other charge and is for the collection of that original amount. The amount of the service
charge is the same amount as the fee charged for the collection of a check drawn on an account
with insufficient funds.
SECTION 4.
CUMULATIVE
This Ordinance shall be cumulative of all other provisions of ordinances of the Town,
except where the provisions of this Ordinance are in direct conflict with the provisions of such
ordinances, in which event, the conflicting provisions of such ordinances are hereby repealed.
SECTION 5.
SEVERABILITY
It is hereby declared to be the intention of the Town Council that the phrases, clauses,
sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause,
sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since
the same would have been enacted by the Town Council without the incorporation in this
Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
SAVINGS
All rights and remedies of the Town are expressly saved as to any and all violations of the
ordinances of the Town that 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.
Page 57 of 148
ORDINANCE NO.2025-XX PAGE 3
SECTION 7.
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.
SECTION 8.
PUBLICATION
The Town Secretary of the Town is hereby directed to publish this Ordinance as required
by Section 3.16 of the Town’s Charter.
PASSED AND APPROVED ON THIS 14th DAY OF APRIL 2025.
Jeannette Tiffany, Mayor
ATTEST:
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
Dean Roggia, Town Attorney
Page 58 of 148
Page 59 of 148
TOWN COUNCIL COMMUNICATION
MEETING DATE: April 14, 2025
FROM: Brandon Wright, Town Manager
AGENDA ITEM: Consider authorizing the Town Manager to terminate the interlocal
agreement between the City of Fort Worth and the Town of Trophy Club for
Household Hazardous Waste Program. (Brandon Wright, Town Manager)
BACKGROUND/SUMMARY:
This item considers authorizing the Town Manager to terminate the Interlocal Agreement (ILA)
between the Town of Trophy Club and the City of Fort Worth for participation in the Household
Hazardous Waste (HHW) Program, originally executed in 2017. Either party has the ability to
terminate this agreement by providing written notice to the other party at least thirty (30) days
prior to the intended termination date. Given that the new contract is set to commence on
June 1, 2025, the termination of this agreement will be effective no later than May 31, 2025.
Staff recommends termination based on the Town’s recently executed solid waste franchise
agreement, which includes monthly door-side collection of household hazardous waste and
used electronics for residential customers. Residents can schedule this service in advance at no
additional cost and will receive a collection kit for the safe packaging and placement of items
such as paints, cleaners, oils, batteries, and electronic waste. As a result, continued
participation in the Fort Worth program is no longer necessary.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: Terminating the agreement is anticipated to generate fiscal savings of
approximately $4,000 annually, based on the average participation costs over the past five
fiscal years.
LEGAL REVIEW: N/A
ATTACHMENTS:
1. Current Interlocal Agreement
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to authorize the Town Manager to terminate
the interlocal agreement between the City of Fort Worth and the Town of Trophy Club for
Household Hazardous Waste Program.
Page 60 of 148
Page 61 of 148
OR I 6 : ..:, „t, .,,4 CITY SECRETARYI c r\CONTRACTN0.
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INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
FY2018
Page 62 of 148
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule municipal
corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter called "Fort
Worth," acting by and through Fernando Costa, its duly authorized Assistant City Manager and the City
of Trophy Club hereinafter referred to as "Participating City" and located in
Denton and Tarrant County, Texas acting herein by and through C.Nick Sanders its
duly authorized— Mayor Name)
Title)
DELIVERY OF NOTICES
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
German Vazquez, Solid Waste Superintendent
Rex Johnson, Environmental Supervisor
Code Compliance—Solid Waste
City of Fort Worth
4100 Columbus Trail
Fort Worth,Texas 76133
If to Participating City:
Tommy Uzee,Director of Community Development
Town of Trophy Club
100 Municipal Drive
Trophy Club,Texas 76262
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 2 of 23
I
Page 63 of 148
OPERATIONAL CONTACTS
Participating City's Operational Contact Persons:
Designated person is: Tommy Uzee telephone number: 682-831-4612
Mobile phone number(24-hour)where he/she can be reached: 817-542-7415
Email Address: tutee@trophyclub.org
Alternate person is Ron Powell telephone number: 682-831-4680
Mobile phone number(24-hour) where he or she can be reached:
Email Address: rpowell@trophyciub.org
VOUCHER UTILIZATION
The Participating City:
DOES wish to use a voucher system for its residents visiting the ECC or a mobile event.
X DOES NOT wish to use a voucher system for its residents visiting the ECC or a mobile event.
If a voucher system is used only residents with an official voucher provided by Participating City will be
allowed to drop wastes off at the ECC or at mobile events in Participating City. A copy of the official
voucher must be attached to this agreement.
INVOICE DELIVERY
Invoices to Participating City shall be delivered to:
Tommy Uzee
Name
Community of Development
Department(if applicable)
100 Municipal Drive
Street Address or PO Box
Trophy Club,Texas 76262
City,State,ZIP
tuzee@trophyclub.org
email address for billing questions and correspondence
Participating City shall notify Fort Worth in writing if the above contact information changes during the
term of this Agreement.
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 3 of 23
Page 64 of 148
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation
agreements between and among local governments; and
WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with
another local government to perform governmental functions and services, and §791.003(3)(H) defines
waste disposal as a governmental function and service; and
WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with another
local government to purchase services; and
WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort
Worth will purchase the services of a waste disposal/recycling firm or firms and will administer a
household hazardous waste collection program; and
WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of Texas
Government Code, Chapter 791, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows:
1.
DEFINITIONS
A. Unless a provision in this Agreement explicitly states otherwise, the following terms and
phrases, as used in this Agreement,shall have the meanings hereinafter designated.
Act of God means an act occasioned by the direct, immediate, and exclusive operation of the
forces of nature, uncontrolled or uninfluenced by the power of humans and without human
intervention.
Bill of Lading lists the contents of the mobile collection unit.
Environmental Collection Center (ECC) means the City of Fort Worth Code Compliance-
Environmental Management Division facility located at 6400 Bridge Street, Fort Worth, Texas,
which is to be used by Fort Worth for the aggregation of household hazardous wastes that have
been brought to the facility by participating cities' households for subsequent recycling,
disposal, and/or reuse.
Environmental damages means all claims,judgments, damages, losses, penalties,fines, liabilities
including strict liability), encumbrances, liens, costs, and expenses of investigation and defense
of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement
or judgment, of whatever kind or nature, contingent or otherwise, matured or un-matured,
foreseeable or unforeseeable, including without limitation reasonable attorney's fees and
disbursements and consultant's fees, any of which are incurred subsequent to the execution of
this Agreement as a result of the handling, collection, transportation, storage, disposal,
treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence of a
violation of environmental requirements pertaining to same, and including without limitation:
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 4 of 23
a
Page 65 of 148
a) Damages for personal injury and death,or injury to property or natural resources;
b) Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and all other costs incurred in connection with the investigation or
remediation of such wastes or violation of environmental requirements including, but
not limited to,the preparation of any feasibility studies or reports or the performance of
any cleanup, remediation, removal, response, abatement, containment, closure,
restoration or monitoring work required by any federal, state or local governmental
agency or political subdivision, or otherwise expended in connection with the existence
of such wastes or violations of environmental requirements, and including without
limitation any attorney's fees, costs and expenses incurred in enforcing this Agreement
or collecting any sums due hereunder;and
c) Liability to any third person or governmental agency to indemnify such person or agency
for costs expended in connection with the items referenced in subparagraph (b) herein.
Environmental requirements means all applicable present and future statutes, regulations,
rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions,
franchises, and similar items, of all governmental agencies, departments, commissions, boards,
bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and
all applicable judicial, administrative, and regulatory decrees,judgments, and orders relating to
the protection of human health or the environment, including without limitation:
a) All requirements, including but not limited to those pertaining to reporting, licensing,
permitting, investigation, and remediation of emissions, discharges, releases, or
threatened releases of hazardous materials, pollutants, contaminants, or hazardous or
toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into
the air, surface water, groundwater, storm water, or land, or relating to the
manufacture, processing, distribution, use, treatment, storage, disposal, transport, or
handling of pollutants, contaminants, or hazardous or toxic substances, materials, or
wastes,whether solid, liquid, or gaseous in nature; and
b) All requirements pertaining to the protection of the health and safety of employees or
the public.
Force maieure means decrees of or restraints by a governmental instrumentality other than the
Parties, acts of God, work stoppages due to labor disputes or strikes, failure of Fort Worth's
contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of the
collection of household hazardous waste, fires, explosions, epidemics,floods, extreme weather,
riots,war, rebellion, and sabotage.
Household hazardous waste (HHW) means any solid waste generated in a household by a
consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be
classified as a hazardous waste under 40 CFR Part 261.
Manifest means the uniform hazardous waste manifest form(s)that must accompany shipments
of municipal hazardous waste or Class 1 industrial solid waste.
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 5 of 23
Page 66 of 148
Mobile collection event means a household hazardous waste collection event by Participating
City utilizing a mobile collection unit.
Mobile Collection Unit (MCU) means a non-self-propelled vehicle used for the periodic
collection of household hazardous waste by Participating City, off-site of the ECC, which is
transported to the ECC to dispose of the household hazardous waste collected at the mobile
collection event. Mobile Collection Units owned by Fort Worth are designed to hold the
hazardous waste of approximately 50 to 75 households.
Participating City means the municipality which has entered into this agreement with the City of
Fort Worth.
Participating Entities,when used in the plural, means Fort Worth, Participating City, and all
other entities which have entered into interlocal agreements with Fort Worth for the ECC
household hazardous waste collection program.
Person means an individual, corporation, organization, government, or governmental
subdivision or agency, business trust, partnership, association,or any other legal entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health and Safety
Code §361.003, and including hazardous substances.
B. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as
used in this Agreement,shall have the meanings hereinafter designated.
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act, its
amendments, associated case law, and state counterparts.
CPR-cardiopulmonary resuscitation
DOT- United States Department of Transportation
ECC—Fort Worth Environmental Collection Center
EPA- United States Environmental Protection Agency
HAZCAT- hazardous categorization
HAZWOPER- hazardous waste operations and emergency response and the training,
certification, and legal requirements associated therewith
HM - hazardous materials
HHW- household hazardous waste
MCU - Mobile Collection Unit
0
TCEQ—Texas Commission on Environmental Quality
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 6 of 23
a
Page 67 of 148
2.
PURPOSE
The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by Fort
Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth
will administer and supervise a regional household hazardous waste collection program, which will be
available to households within Participating City as described herein.
3.
TERM
This Agreement shall be effective from October 1, 2017 or the date the last party has signed this
Agreement. This agreement will be self-renewing infinitely. This agreement will be binding for both
parties until one or more parties terminate the agreement. Termination of the agreement shall be
provided to both parties 45 days prior to the completion date. However, the duties and responsibilities
of the Parties for events which occurred during the term of the contract shall survive.
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for Participating City in connection with the ECC
household hazardous waste collection program:
A. Fort Worth will administer a regional household hazardous waste collection program. This
program will include the operation of the Environmental Collection Center, which will accept for
disposal and/or recycling household hazardous waste from households located within
Participating City. Fort Worth shall not accept compressed flammable gas containers;
radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, or
infectious materials; wastes from businesses; or any other wastes that Fort Worth has
determined are unacceptable. Commercial waste is never accepted by Fort Worth.
B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort
Worth's obligations in this Agreement.
C.Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the handling,
collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household
hazardous waste that is collected at the ECC or during mobile collection events.
D. Fort Worth will, if requested in writing by Participating City, provide Participating City with
copies of waste manifests for shipments of waste from the ECC.
E.Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly
report of the Participating City's households who disposed of household hazardous waste at the
Environmental Collection Center or a mobile collection event.
F.Fort Worth will issue a report and an invoice at the end of each quarter detailing the number of
Participating City's households that disposed of household hazardous waste at the
Environmental Collection Center or at mobile collection events.
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 7 of 23
Page 68 of 148
G. Fort Worth will act under this Agreement in accordance with all applicable state and federal
laws.
H. Mobile Collection Events
Participating City may schedule a mobile collection event to be operated by Fort Worth
personnel using one of Fort Worth's MCUs or conduct their own mobile collection events using
either Participating City's MCU or Fort Worth's Reserve MCU (as available). State regulations
require notification to the Texas Commission on Environmental Quality (TCEQ) at least 45 days
prior to conducting the event.
1.Fort Worth Operated Events:
If Participating City would like to schedule a mobile collection event with the Fort Worth
Mobile Collection Unit, Participating City shall contact the ECC as soon as possible for a
list of available dates. The time and location shall be agreeable to both parties.
Participating City may schedule one mobile collection event each contract year. Fort
Worth will file notification of the event with TCEQ as required by 30 TAC§335.403.
a) Scheduling Events
Fort Worth will begin scheduling mobile collection events for each calendar year
on the first scheduled working day after the New Year begins. To ensure proper
notification to TCEQ, events must be scheduled at least sixty (60) days ahead of
the proposed date. Participating City acknowledges that Fort Worth contracts
with other municipalities and that Fort Worth will be accommodating each
Participating City's request on a first come first served basis. Therefore,
Participating City acknowledges that its chosen date to schedule a mobile
collection event may be reserved by another city and Participating City will have
to then choose another date. Participating City will, in no event, be entitled to
any damages or recovery of any costs, except as provided herein. Only one
mobile collection event using Fort Worth staff and equipment per city is entitled
under this contract. Additional events may be accommodated if feasible.
b) Location
If Participating City chooses to hold the Mobile Collection Event on private
property, Participating City shall obtain a signed waiver from the owner of the
property sixty (60) days prior to the event. The waiver shall be in the form of
Exhibit B or similar form approved by Fort Worth. The signed waiver must be
sent to Fort Worth sixty (60) days before the Mobile Collection Event. If the
signed waiver is not sent to Fort Worth sixty (60) days before the Mobile
Collection Event, Fort Worth will not send the Fort Worth Mobile Collection Unit
to the event and Participating City will, in no event, be entitled to any damages
or recovery of any costs, except as provided herein. All events must be held on
an impervious surface.
c) At the Mobile Collection Event, Participating City acknowledges and agrees that
Fort Worth shall accept household hazardous waste from the first 50
households that show proof of residency at the Mobile Collection Event. After
the first 50 households, Fort Worth will determine in its sole discretion how
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 8 of 23
Page 69 of 148
much more waste it can accept for proper transport back to the ECC. If more
households arrive at the event than Fort Worth can accept, Participating City
will in no event be entitled to any damages or recovery of any costs, except as
provided herein.
d) Due to limited storage space at the ECC, Participating City acknowledges and
agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile
collection event, a Participating City's MCU shall not also be at the event.
I
e) Fort Worth, in its sole discretion, will determine whether to send the Fort Worth
Mobile Collection Unit to Participating City's Collection Event during adverse
weather,the threat of adverse weather, or other hazardous conditions including
but not limited to sleet, snow, rain, mist, or hail. In the event Fort Worth
determines not to send the Fort Worth Mobile Collection Unit, Fort Worth shall
attempt to notify persons listed herein as an "Operational Contact" by the
Participating City and shall attempt to send a Fort Worth employee to the
Participating City's event to tell any residents that come to dispose of household
hazardous waste that the Fort Worth Mobile Collection Unit will not be coming
to the event, but the resident can go to the ECC to dispose of the waste. A map
with directions to the ECC also will be provided.
f) The Participating City agrees to collect collection data at the MCU and provide
Fort Worth with a list of total MCU participants and total quantities of wastes
listed in an Excel spreadsheet in a template provided by Fort Worth as Exhibit C,
within ten (10) days of the mobile collection event. No vouchers, sign-in sheets,
or copies of either will be accepted by Fort Worth.
2.Participating City Mobile Collection Unit:
a) Fort Worth agrees to accept household hazardous waste from mobile collection
events conducted by Participating City using Participating City's MCU in
accordance with the terms of this Agreement.
b) Fort Worth agrees to restock the items it removes from Participating City's
MCU, however, Fort Worth shall only restock items listed in Exhibit "A,"
attached and incorporated herein as if set forth.
3 Loan of the Reserve Mobile Collection Unit
The reserve MCU is a specially designed and equipped thirty-six (36) foot gooseneck
box-trailer and one (1) ton pickup owned by Fort Worth. Participating City may request
the loan of Fort Worth's Reserve MCU free of charge for use in a Household Hazardous
Waste collection event when available. Participating City may use the Reserve MCU to
transport HHW to Fort Worth's ECC or another collection center that may lawfully
receive HHW. Participating City shall provide Fort Worth with a written request,
facsimile or e-mail, at least sixty (60) days prior to the event date for which the request
is made. Fort Worth shall have sole determination whether the Reserve MCU is available
for use by Participating City and shall notify Participating City as soon as is reasonably
practicable of such decision. Fort Worth shall not participate in nor be responsible for
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 9 of 23
Page 70 of 148
any part of the Participating City's HHW Collection Event unless and except by written
mutual agreement.
a) Fort Worth shall disclose any known problems the Reserve MCU may have in
performing the tasks necessary for the HHW Collection Event. Prior to issuance
of the Reserve MCU, a pre-trip inspection for potential maintenance problems
will be performed by Fort Worth. Also, both parties will complete a pre-trip
aesthetic assessment. Participating City shall be responsible for all certifications
and insurance necessary for the proper operation of the Reserve MCU.
b) Participating City agrees to maintain and return the Reserve MCU in as good
condition as it was in when Participating City took possession for use.
Participating City shall return the Reserve MCU to Fort Worth in a timely
manner and as mutually agreed upon.
c) Participating City shall be responsible for all property damage, personal injury,
or death caused by Participating City's employees, volunteers, contractors, or
agents and arising out of the use of the Reserve MCU during the term of this
Agreement.
d) It is expressly understood and agreed that, in the execution of this Agreement,
neither of the parties waives, nor shall be deemed hereby to waive, any
immunity or defense that would otherwise be available to it against claims
arising in the exercise of governmental powers and functions. By entering into
this Agreement the parties do not intend to create any obligations, expressed or
implied, other than those set forth herein and this Agreement shall not create
any rights in parties not signatories hereto.
5.
DUTIES OF PARTICIPATING CITY
Participating City agrees to perform the following duties in connection with the household hazardous
waste collection program:
A. Participating City will designate one of its employees, and another as an alternate, to act as its
household hazardous waste collection Operational Contact to interact with Fort Worth as
designated on the signature page to this contract.
B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as
it deems necessary. Such advertising shall include the type of wastes that will be accepted at the
ECC, the requirement of proof of residency, and weather cancellation information.
C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as
provided in Section 9 "The Environmental Collection Center Hours of Operation."
D. Participating City may choose to utilize a voucher system for its residents in order for them to
bring HHW to the ECC. If Participating City chooses to use such a system, it shall designate so
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 10 of 23
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herein and include a copy of the official voucher. In addition, if a citizen from a Participating City
that utilizes a voucher system comes to the ECC or a mobile collection event without a voucher,
Participating City acknowledges and agrees that Fort Worth will not accept the household
hazardous waste until Participating City authorizes the acceptance in writing.
E.Participating City may submit a written request for a monthly report listing the number of its
city's households that have disposed of household hazardous waste at the ECC or a mobile
collection event.
F.Participating City shall provide traffic control and signage for the mobile collection event, and
shall provide personnel to assist Fort Worth with the offloading of material, surveys, and
screening of persons dropping off household hazardous waste. Prior to the event, the parties
shall agree upon the details of the traffic control, signage, and personnel assistance.
G. If a Participating City resident presents waste that was collected from multiple households, Fort
Worth reserves the right to charge the Participating City based on the total number of
households from which the waste originated even if the resident has only one voucher.
H. Participating City shall provide a means for disposing of solid waste (e.g. boxes, trash,
containers) on site during a mobile collection event.
Mobile Collection Events using Participating City's MCU or Reserve MCU
1.Participating City is responsible for proper notification to TCEQ as required by
30 TAC §335.403.
2.Participating City shall advise the ECC at least 72 hours in advance of its mobile
collection events. Participating City shall collect only HHW during a mobile collection
event. Wastes from commercial, agricultural, and industrial sources shall not be
accepted. Participating City shall not accept compressed flammable gas containers;
radioactive materials; explosives or potentially shock sensitive materials; biological,
etiologic, or infectious materials; or any other wastes that Fort Worth has determined
are unacceptable.
3.In accordance with the latest DOT requirements, Participating City's MCU operators will
properly categorize, package, mark, label, and load into the MCU, all wastes received at
the mobile collection event. Recyclable products (used oil, used oil filters, latex paint,
recyclable anti-freeze, lead-acid batteries, and fluorescent lights) will be segregated into
containers for recyclables.
4. After accepting wastes, Participating City's MCU operators shall thoroughly check each
container for proper labeling and identification. If a container is properly identified, the
material will be segregated according to hazard class and prepared for packaging. If a
container does not have adequate labeling to permit identification, the MCU operators
shall then attempt to identify the material from its physical characteristics using HAZCAT
analysis and from information provided by the household presenting the waste.
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5. The Participating City's MCU operators shall package all hazardous materials in
accordance with DOT requirements, EPA requirements, and all other applicable federal
and state requirements. After all the wastes have been properly identified and
segregated,the MCU operators will reexamine the wastes for compatibility, list them on
the container content sheets, and pack them into drums. Oil-based paints and latex
paints shall be bulked separately in 55-gallon drums, or if the paint is left in its
container, the paint can be packed in a lined cubic yard box, and packed and labeled
according to federal and state regulations. Participating City shall not transport waste
that is not HHW to the ECC. Participating City agrees to make its own arrangements to
dispose of any non-HHW waste collected at the event.
6.Prior to transporting the HHW from the collection event site, Participating City's MCU
operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of
the truck hauling the MCU during transportation of the HHW to the ECC. Participating
City shall require that a minimum of one copy of the latest North American Emergency
Response Guidebook be kept within the cab of the truck.
7.During transportation, Participating City's MCU operators shall placard the MCU for
transportation of hazardous waste in accordance with federal and state law.
8.Upon the return of the MCU to the ECC, Participating City's MCU operators shall follow
the instructions of Fort Worth regarding the placement of the MCU for unloading. Fort
Worth shall take possession of the MCU from Participating City after the MCU has been
properly parked for unloading in accordance with Fort Worth's instructions and all
required documents have been delivered to the ECC manager or his/her designee at the
ECC. Fort Worth shall, within a reasonable amount of time, unload the HHW from the
Participating City's MCU and store the unit at the ECC. After being contacted,
Participating City shall pickup their unit within 10 days.
9.If Fort Worth, in its sole discretion, determines that Participating City's MCU operators
improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage
such waste, and Participating City shall reimburse Fort Worth as set forth herein.
10. If a spill emanating from the Participating City's MCU or the Reserve MCU occurs at the
ECC while the MCU is still in Participating City's possession, Fort Worth shall take control
of the spill response and Participating City will reimburse Fort Worth for its response
costs as set forth herein.
6.
USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the handling,
collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household
hazardous waste,from the ECC.
B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the
waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a disposal site
for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 12 of 23
Page 73 of 148
cities against any and all environmental damages and the violation of any and all environmental
requirements resulting from the handling, collection, transportation, storage, disposal,
treatment, recovery, and/or recycling of waste collected pursuant to this agreement, when said
environmental damages or the violation of said environmental requirements was the result of
any act or omission of contractor, its officers, agents, employees, or subcontractors, or the joint
act or omission of contractor, its officers, agents, employees, or subcontractors and any other
person or entity.
C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (5) WILL BE REQUIRED TO ASSUME
GENERATOR STATUS,THIS ASSUMPTION WILL NOT RELIEVE PARTICIPATING CITY OF LIABILITY
FOR THE WASTE UNDER FEDERAL LAW AND STATE LAW. Fort Worth will arrange for recycling
vendors for used oil, batteries, antifreeze, and other materials, as it deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A. From time-to-time Fort Worth will make available to residents and businesses of Fort Worth, as
well as, Participating City residents and businesses of Participating City for their use, collected
household hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor
oil, and antifreeze. Fort Worth shall not charge for any materials that are picked up for reuse.
B. Some materials made available for reuse may have been consolidated and filtered by Fort
Worth prior to being made available. Used antifreeze will have been consolidated in a barrel,
filtered, and pH balanced, and new antifreeze may have been added to the barrel.
C.In regards to materials accepted by Participating City, its employees, residents, or any other
person FORT WORTH MAKES NO REPRESENTATIONS,WARRANTIES,OR GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
S. the instructions on the container label for use, storage, and first aid are current or
correct;
6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED.
PARTICIPATING CITY SHALL NOTIFY RECIPIENTS OF THESE TERMS AND CONDITIONS.
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 13 of 23
Page 74 of 148
D. Participating City shall contact the ECC manager to arrange a pickup time to obtain materials.
Participating City agrees that it shall not return to Fort Worth, directly or indirectly, any
materials it obtains from Fort Worth under this paragraph.
E.INDEMNIFICATION REGARDING REUSED OR RECYCLED MATERIALS.
1. IN REGARDS TO REUSED OR RECYCLED MATERIALS ACCEPTED BY PARTICIPATING CITY,
PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY
CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS
OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND
PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, EXPENSES OF
LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY REASON OF INJURY TO PERSONS,
LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR LOSS OF USE OF ANY PROPERTY ,
OCCASIONED BY THE TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY
PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS
AGREEMENT FROM FORT WORTH.
2. IF THE PARTICIPATING CITY DOES NOT AGREE TO THE INDEMNIFICATION AND WAIVER IN
PARAGRAPH E ABOVE, THEN THE PARTICIPATING CITY SHALL NOT ACCEPT, NOR ALLOW ANY
OTHER PERSON TO ACCEPT ANY OF THE REUSED OR RECYCLED MATERIALS AND SHALL NOT BE
REQUIRED TO AGREE TO THE WAIVER IN PARAGRAPH E. Initial here to reject term 7.E.1. and
accept alternate term 7.E.2.
F.In regards to materials accepted by residents or businesses of Participating Cities, FORT WORTH
MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current or
correct;
6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property or the environment.
FURTHERMORE,ALL WARRANTIES, EXPRESS AND IMPLIED,ARE SPECIFICALLY DENIED.
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 14 of 23
Page 75 of 148
G. Participating City shall attempt to inform its residents and businesses that if they go to the
Environmental Collection Center to pick up household hazardous waste for reuse, a release of
liability must be signed to accept the household hazardous waste for reuse.
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from
Participating City or Participating City's resident, if in the reasonable judgment of Fort Worth:
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria established by this Agreement, or that have
been established by Fort Worth subsequent to the execution of the Agreement;
C. The individual does not have sufficient identification to establish that he/she is in fact a resident
of Participating City;
D. Participating City has implemented a voucher system for its residents to dispose of waste, and
the individual does not have a valid voucher; or
E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC.
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours of Operation
During the term of the Agreement,the ECC's hours of operation are as follows:
Thursday and Friday 11:00 a.m. -7:00 p.m.
Saturday 9:00 a.m. -3:00 p.m.
B. Days the Environmental Collection Center will be closed
During the term of the agreement,the ECC will be closed on the following holidays that are
observed on days the ECC would otherwise be open to the public:
New Year's Day
Martin Luther King Jr. Day
Thanksgiving holiday,Thursday and Friday
Memorial Day
Independence Day
Labor Day
Christmas Day
In addition to the above closures Fort Worth employees may not be available to conduct mobile
collection events on other dates to conduct mobile collections within the City of Fort Worth,
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 15 of 23
Page 76 of 148
although the ECC will remain open on those days. The ECC may close due to furlough days or
other causes, and the City of Fort Worth does not represent to Participating City that the ECC
will be open on any particular days. If additional closures due to any cause are necessary Fort
Worth will notify Participating City prior to the closure unless due to an unforeseeable event.
C.Notifying Residents
Participating City agrees to notify its residents of the ECC's hours of operation and dates it will
be closed. Participating City also may advertise the 24-hour Environmental Collection Center
telephone number:817-392-1234.
10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
A. Participating City agrees to pay Fort Worth the sum of$50.00 per household per visit to the ECC
or per participating household in a Mobile Collection Event) to dispose of household hazardous
waste. If a Participating City resident presents waste that was collected from multiple
households, Fort Worth reserves the right to charge the Participating City based on the total
number of households from which the waste originated.
B.If Fort Worth determines that Participating City's MCU operators improperly packaged any of
the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City
shall reimburse Fort Worth for its staff time at$20.00 an hour and the cost of supplies.
C.If a spill emanating from the Participating City's MCU or the Reserve MCU occurs at the ECC
while the MCU is still in Participating City's possession, Fort Worth shall take control of the spill
response and Participating City will reimburse Fort Worth for its response costs for City staff
time ($60.00 per hour) plus the cost of supplies and the actual costs for the spill response and
remediation incurred by the City of Fort Worth for third party contractors and responding
governmental agencies.
D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C,
shall be billed to Participating City quarterly. Participating City shall pay Fort Worth within 30
days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30 days,
Fort Worth shall inform Participating City in writing that it will not accept any household
hazardous waste from Participating City's residents and that Fort Worth will not participate in a
mobile collection event or provide a mobile collection unit until paid.
E.At the end of the term of this Agreement, Fort Worth shall provide a final accounting to
Participating City, which will include the total number of Participating City's households which
participated in the program, repackaging fees, if any, and the total cost of spill response charged
to Participating City, if any.
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 16 of 23
Page 77 of 148
F.Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort
Worth under Subparagraph D. above shall be paid from revenues currently available to
Participating City in the present fiscal year.
11.
ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of"Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestle," "Scrub," and
Van Goo") and the recycling buddies ("Scrappy," "Juggles," and "Cana Nana"), "Conquer Your Crud,"
and "Crud Cruiser", and therefore all ownership rights belong to Fort Worth. Fort Worth has registered
these marks as service marks with the Secretary of State.
A. Fort Worth hereby grants to Participating City a non-transferable, non-exclusive license to use
all the artwork and promotional materials that may be provided by Fort Worth to be used solely
in the conduct of the business of Participating City's disposal and recycling of household
hazardous waste programs. If Participating City wishes to use to Licensed Art and/or
Promotional Materials in other limited situations, Participating City must first obtain express
written consent from Fort Worth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City
pursuant to the terms of this Agreement. Participating City acknowledges that by virtue of this
License, Participating City acquires only the right to use the original and permitted duplicate
copies of the Licensed Artwork and Promotional Materials and does not acquire any rights of
ownership in the Licensed Artwork and Promotional Materials, which rights shall remain
exclusively with Fort Worth. If Participating City wants to modify or change the artwork and/or
promotional materials in any manner, Participating City hereby agrees to contact Fort Worth in
writing to obtain written consent before modifying or changing any artwork and/or promotional
materials.
12.
IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement, none of the Participating
Cities waives, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be
available to it against claims arising in the exercise of governmental powers and functions, and that the
services described in this Agreement are a governmental function.
13.
FORCE MAJEURE
A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the
extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure
was beyond the control of Fort Worth and not due to its fault or negligence. Participating City shall not
have, and hereby waives, any claim whatever for any damages resulting from delays or failure to
perform caused by a force majeure event.
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 17 of 23
Page 78 of 148
14.
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason, with or without cause,
upon thirty (30) days written notice to the other party. Upon termination, the parties shall be released
from all contractual obligations to the other party excluding "USE OF WASTE DISPOSAL/RECYCLING
FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" "REUSE OF COLLECTED MATERIALS" and ARTWORK,
CAPTAIN CRUD AND THE CRUDDIES," AND "PROMOTIONAL MATERIALS LICENSE AGREEMENT" and any
terms and conditions arising from events occurring during the term of the contract .
15.
ENTIRETY
This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or
written commitments shall have any force or effect if not contained herein, except that this Agreement
can be amended or modified by the parties if such amendment or modification is in writing and signed
by Participating City and Fort Worth.
16.
SEVERABILITY
In the event anyone or more of the provisions contained in this 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 thereof and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provisions had never been contained herein.
17.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this
Agreement,venue for said action shall be in Tarrant County,Texas.
18.
AUTHORITY
This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to
Texas Government Code, Chapter 791.
19.
AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are properly authorized officials and have
the necessary authority to execute this Agreement on behalf of the parties hereto, and each party
hereby certifies to the other that any necessary resolutions extending such authority have been duly
passed and are now in full force and effect.
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 18 of 23
Page 79 of 148
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
CITY OF FORT WORTH CITY OF Trophy Club
By: By:. ------
k/.?24,-84:44&---- 0S;-;/,/ ,,___-----
Fernando Costa Printed name: C.Nickanders
Assistant Cit an er Title: Mayor
Date: 5 X8/7 Date: Z/2_241-7
APPROVED AS TO FORM APPROVED .5j(0 FORM
AND LEGALITY: AN i LEG A I f.
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1A/1 , P r A. "A I
Christa •eynolds y Atto grstant City Attorney
Sr. Assistant City Attorney 4.1.1C .:‘‘ \\
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ATTEST:
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Mary J. Kayser
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N.
City Secretary
C X . --- D ( I i3 I n
Contract Authorization No.
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 19 of 23
Page 80 of 148
CITY OF FORT WORTH
CONTRACT COMPLIANCE MANAGER
By signing I acknowledge that I am the person responsible for the monitoring and administration of this
contract, ' u&in/' suring all performance and reporting requirements.
Rex J=•'nsoo/x
Environmental Supervisor—Environmental Collection Center
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 20 of 23
Page 81 of 148
Exhibit "A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material Amount Restocked Special Needs Remarks
55 gallon open top drums Amount taken off the
open top for loose packs) trailer
55 gallon drums(closed Amount taken off the
top) (oil, antifreeze, bulk trailer
flammable materials and
one extra)
Fiber drums(55 or 30 Amount taken off the
gallon)Aerosols,acids, trailer
bases and oxidizers)
Gaylord box liners(plastic) Amount taken off the
trailer
55 gallon drum liners Amount taken off the
trailer
5 gallon buckets Amount taken off the
filters/haz chemicals)trailer
Survey Forms Amount taken off the
trailer
Labels/drum placard Amount taken off the
trailer
Gaylord boxes Amount taken off the
trailer
Absorbent pads Amount taken off the
trailer
Vermiculite Amount taken off the
trailer
Oil dry Amount taken off the
trailer
Promotional Materials& Amount needed
Brochures
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 21 of 23
Page 82 of 148
Exhibit "B"
WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
I being the owner of property located at
have been asked by the City of to allow a mobile collection event on
my property to collect household hazardous waste on the 20 . I hereby give my
permission to the City of and the City of Fort Worth, to hold a household
hazardous waste collection event on my property in which the City of
has asked the City of Fort Worth to send its mobile collection unit to collect the household hazardous
waste that is brought to the event.
Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its
officers, agents, and employees and the City of and its officers, agents,
and/or employees for any and all claims, demands, liability, causes of action, actions or suits of any
character that I may have against the City of Fort Worth or its officers, agents, and/or employees and
the City of or its officers, agents, and/or employees for any property loss
or damage, for any and all personal injury including death or any other damage of any kind or character
which may arises or that arises from allowing the City of to hold a household
hazardous waste collection event, in which the City of Fort Worth sends its mobile collection unit on my
property.
I have read this Waiver and Release and fully understand its terms and conditions. I have not been
influenced in any extent whatsoever by any representation or statements not contained in this
Agreement.
Signature Date
Witness Date
2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 22 of 23
Page 83 of 148
Exhibit "C"
MOBILE COLLECTION DATA FORMAT
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2018 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 23 of 23
Page 84 of 148
TOWN COUNCIL COMMUNICATION
MEETING DATE: April 14, 2025
FROM: April Duvall, Director of Finance
AGENDA ITEM: Consider a resolution adopting the Town of Trophy Club Investment Policy for
Fiscal Year 2024-2025. (April Duvall, Director of Finance)
BACKGROUND/SUMMARY: In accordance with the Public Funds Investment Act, the Trophy
Club Town Council is required to adopt a resolution affirming that it has reviewed the Town's
investment policy and investment strategies not less than annually and approving any
recommended changes. Valley View Consulting serves as the Town's investment advisor and
provides technical assistance in updating the Town's investment policy consistent with changes
in State laws and investment best practices.
Under the Town of Trophy Club Investment Policy, the Town Manager designates the Finance
Director and the Chief Financial Analyst as the Town of Trophy Club’s Investment Officers. The
policy maintains its four primary objectives of safety and preservation of principal,
maintenance of sufficient liquidity to meet operating needs, public trust from prudent
investment activities, and optimizing interest earnings on the portfolio. This year, only one
minor wording update is recommended in Section X Safekeeping and Custody. The proposed
change replaces the term “demand or time deposits” with “financial institution deposits” to
provide broader and more accurate terminology for bank deposits.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: Investment earnings provide revenue for the Town of Trophy Club to reduce
the Town's reliance on property taxes and other revenue sources. During the last reported
investment quarter ending September 30, 2024, the Town of Trophy Club received $510,478
for that quarter.
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the draft resolution as to form and
legality.
ATTACHMENTS:
1. Resolution
2. Investment Policy - Redlined
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to approve the resolution adopting the Town of
Trophy Club Investment Policy for Fiscal Year 2024-2025.
Page 85 of 148
Page 86 of 148
TOWN OF TROPHY CLUB
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, ADOPTING AN INVESTMENT POLICY FOR FISCAL
YEAR 2024-2025 FOR FUNDS FOR THE TOWN OF TROPHY CLUB, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (the “Town”) is a home rule municipality acting
under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the Town’s Investment Policy is reviewed annually as part of the budget
preparation process; and
WHEREAS, the Texas Public Funds Investment Act (“PFIA”) requires the Town Council,
to annually review the Town’s Investment Policy; and
WHEREAS, the Town’s staff has developed the Town’s Investment Policy to comply with
all aspects of the PFIA; and
WHEREAS, the Town Council hereby finds and determines it to be in the interests of the
public health, safety, and welfare of the Town’s residents and the general welfare to adopt Exhibit
“A,” as the Town’s Investment Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1. The facts and recitals set forth in the preamble of this Resolution are hereby
found to be true and correct and are incorporated into this resolution as if fully set forth herein.
SECTION 2. The Town of Trophy Club Investment Policy, attached hereto and
incorporated herein by reference as Exhibit “A,” having been reviewed by the Town Council of
the Town of Trophy Club, Texas, and found to be acceptable and in the best interest of the Town
and its citizens, is hereby in all things approved. The Town Manager and staff shall implement
and execute the procedures and policies adopted therein.
SECTION 3. A true and correct copy of the Town of Trophy Club Investment Policy, as
adopted herein, shall be maintained by the Town Secretary’s Office.
Page 87 of 148
SECTION 4. This Resolution shall take effect immediately upon its passage and approval.
PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas
on this the 14th day of April, 2025.
Jeannette Tiffany,
Mayor
ATTEST: [SEAL]
Tammy Dixon, Town Secretary
APPROVED TO AS FORM:
Dean Roggia, Town Attorney
Page 88 of 148
EXHIBIT “A”
Page 89 of 148
TOWN OF TROPHY CLUB
INVESTMENT POLICY
I. POLICY
It is the policy of the Town of Trophy Club that after allowing for the anticipated cash flow requirements of
the Town of Trophy Club and giving due consideration to the safety and risk of investment, all available
funds shall be invested in conformance with these legal and administrative guidelines, seeking to optimize
interest earnings to the maximum extent possible.
Effective cash management is recognized as essential to good fiscal management. Investment interest is
a source of revenue to Trophy Club funds. Trophy Club’s investment portfolio shall be designed and
managed in a manner to maximize this revenue source, to be responsive to public trust, and to be in
compliance with legal requirements and limitations.
Investments shall be made with the primary objectives of:
Safety and preservation of principal
Maintenance of sufficient liquidity to meet operating needs
Public trust from prudent investment activities
Optimization of interest earnings on the portfolio
II. PURPOSE
The purpose of this Investment Policy is to comply with Chapter 2256 of the Government Code (“Public
Funds Investment Act” or “PFIA”), which requires the Town of Trophy Club to adopt a written investment
policy regarding the investment of its funds and funds under its control. The Investment Policy addresses
the methods, procedures and practices that must be exercised to ensure effective and judicious fiscal
management of Trophy Club’s funds.
III. SCOPE
This Investment Policy shall govern the investment of all financial assets of the Town of Trophy Club. These
funds are accounted for in the Town of Trophy Club’s Annual Comprehensive Financial Report (ACFR)
and include:
General Fund
Special Revenue Funds
Capital Projects Funds
Proprietary Funds
Debt Service Funds, including reserves and sinking funds, to the extent not required by law
or existing contract to be kept segregated and managed separately
Any new fund created by the Town of Trophy Club, unless specifically exempted from this Policy by
the Town Council or by law
The Town of Trophy Club consolidates fund cash balances to maximize investment earnings. Investment
income will be allocated to the various funds based on their respective participation and in accordance with
generally accepted accounting principles.
This Investment Policy shall apply to all transactions involving the financial assets and related activity for
all the foregoing funds. However, this Policy does not apply to the assets administered for the benefit of
the Town of Trophy Club by outside agencies under deferred compensation programs.
Page 90 of 148
5
IV. INVESTMENT OBJECTIVES
The Town of Trophy Club shall manage and invest its cash with four primary objectives, listed in order of
priority: safety, liquidity, public trust, and yield, expressed as optimization of interest earnings. The safety
of the principal invested always remains the primary objective. All investments shall be designed and
managed in a manner responsive to the public trust and consistent with state and local law.
The Town of Trophy Club shall maintain a comprehensive cash management program, which includes
collection of accounts receivable, vendor payments in accordance with the Town’s purchasing policies, and
prudent investment of available cash. Cash management is defined as the process of managing monies in
order to ensure maximum cash availability and maximum earnings on short-term investment of idle cash.
Safety [PFIA 2256.005(b)(2)]
Safety of principal is the foremost objective of the investment program. Investments shall be undertaken
in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to
mitigate credit and interest rate risk.
Credit Risk and Concentration of Credit Risk – The Town of Trophy Club will minimize credit risk, the
risk of loss due to the failure of the issuer or backer of the investment, and concentration of credit risk,
the risk of loss attributed to the magnitude of investment in a single issuer, by:
Limiting investments to the safest types of investments.
Pre-qualifying the financial institutions and broker/dealers with which the Town of Trophy Club
will do business.
Diversifying the investment portfolio so that potential losses on individual issuers will be
minimized.
Interest Rate Risk – the Town of Trophy Club will manage the risk that the interest earnings and the
market value of investments in the portfolio will fall due to changes in general interest rates by limiting
the maximum weighted average maturity of the investment portfolio to 365 days. The Town of Trophy
Club will, in addition:
Structure the investment portfolio so that investments mature to meet cash requirements for
ongoing operations, thereby avoiding the need to liquidate investments prior to maturity.
Invest operating funds primarily in financial institution deposits, shorter-term securities, money
market mutual funds, or local government investment pools functioning as money market mutual
funds.
Diversify maturities and stagger purchase dates to minimize the impact of market movements
over time.
Liquidity [PFIA 2256.005(b)(2)]
The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be
reasonably anticipated. This is accomplished by structuring the portfolio so that investments mature
concurrent with cash needs to meet anticipated demands. Because all possible cash demands cannot be
anticipated, a portion of the portfolio will be invested in shares of money market mutual funds, local
government investment pools, or other cash equivalents that offer same-day liquidity.
Public Trust
All participants in the Town of Trophy Club’s investment process shall seek to act responsibly as custodians
of the public trust. The Investment Officers shall avoid any transaction that might impair public confidence
in the Town of Trophy Club’s ability to govern effectively.
Yield (Optimization of Interest Earnings) [PFIA 2256.005(b)(3)]
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The investment portfolio shall be designed with the objective of attaining a market rate of return throughout
budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs.
Return on investment is of secondary importance compared to the safety and liquidity objectives described
above.
V. INVESTMENT STRATEGY STATEMENTS
The Town of Trophy Club portfolio will be structured to benefit from anticipated market conditions and to
achieve a reasonable return. Relative value among asset groups shall be analyzed and pursued as part of
the investment program within the restrictions set forth by the Investment Policy.
The Town of Trophy Club maintains portfolios which utilize four specific investment strategy considerations
designed to address the unique characteristics of the fund groups represented in the portfolios.
Operating Funds
Suitability - All investments authorized in the Investment Policy are suitable for Operating Funds.
Preservation and Safety of Principal - All investments shall be of high quality with no perceived default risk.
Liquidity - Investment strategies for the Operating Funds have as their primary objective to assure that
anticipated cash flows are matched with adequate investment liquidity. The dollar-weighted average
maturity of operating funds, based on the stated final maturity date of each investment, will be calculated
and limited to one year or less. Constant $1.0000 net asset value investment pools and money market
mutual funds, and other cash equivalents shall be integral components to maintaining daily liquidity.
Investments for these funds shall not exceed a 24-month period from date of purchase.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Operating Funds shall be the rolling three-month Treasury yield.
Reserve and Deposit Funds
Suitability - All investments authorized in the Investment Policy are suitable for Reserve and Deposit Funds.
Preservation and Safety of Principal - All investments shall be of high quality with no perceived default risk.
Liquidity - Investment strategies for Reserve and Deposit Funds shall have as the primary objective the
ability to generate a dependable revenue stream to the appropriate reserve fund from investments with a
low degree of volatility. Except as may be required by the bond ordinance specific to an individual issue,
investments should be of high quality, with short-to-intermediate-term maturities. The dollar-weighted
average maturity of Reserve and Deposit Funds, based on the stated final maturity date of each investment,
will be calculated and limited to two years or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities and portfolio
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constraints. The benchmark for Reserve and Deposit Funds shall be the rolling three-month Treasury yield.
Bond and Certificate Capital Project Funds and Special Purpose Funds
Suitability - All investments authorized in the Investment Policy are suitable for Bond and Certificate Capital
Project Funds and Special Purpose Funds.
Preservation and Safety of Principal - All investments shall be of high quality with no perceived default risk.
Liquidity - Investment strategies for Bond and Certificate Capital Project Funds and Special Purpose Funds
portfolios will have as their primary objective to assure that anticipated cash flows are matched with
adequate investment liquidity. The stated final maturity dates of investments held should not exceed the
estimated project completion date or a maturity of no greater than three years. The dollar-weighted average
maturity of Bond and Certificate Capital Project Funds and Special Purpose Funds, based on the stated
final maturity date of each investment, will be calculated and limited to two years or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Bond and Certificate Capital Project Funds and Special Purpose Funds
shall be the rolling three-month Treasury yield. A secondary objective of these funds is to achieve a yield
equal to or greater than the arbitrage yield of the applicable bond or certificate, when reasonable
considering safety and liquidity objectives.
Debt Service Funds
Suitability - All investments authorized in the Investment Policy are suitable for Debt Service Funds.
Preservation and Safety of Principal - All investments shall be of high quality with no perceived default risk.
Liquidity - Investment strategies for Debt Service Funds shall have as the primary objective the assurance
of investment liquidity adequate to cover the debt service obligation on the required payment date.
Investments shall not have a stated final maturity date which exceeds the next unfunded debt service
payment date. The dollar-weighted average maturity of Debt Service Funds, based on the stated final
maturity date of each investment, will be calculated and limited to one year or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Debt Service Funds shall be the rolling three-month Treasury yield.
VI. RESPONSIBILITY AND CONTROL
Delegation of Authority [PFIA 2256.005(f)]
In accordance with the Town of Trophy Club and the Public Funds Investment Act, the Town Council
designates the Town Manager's designee and/or Finance Director and the Chief Financial Analyst as the
Town of Trophy Club’s Investment Officers. The Town Manager's designee and/or Finance Director is
responsible for the overall management of the Town’s investment program and may direct the other
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Investment Officer in his/her duties. The Investment Officers are authorized to deposit, withdraw, invest,
transfer, execute documentation, and otherwise manage funds on behalf of the Town of Trophy Club
according to this Policy. Unless authorized by law, no other person may deposit, withdraw, transfer or
manage in any other manner the Town of Trophy Club funds. The investment authority granted to the
Investment Officers is effective until rescinded.
Quality and Capability of Investment Management [PFIA 2256.005(b)(3)]
The Town of Trophy Club shall provide periodic training in investments for the designated Investment
Officers and other investment personnel through courses and seminars offered by professional
organizations, associations, and other independent sources in order to ensure the quality and capability of
investment management in compliance with the Public Funds Investment Act.
Training Requirement [PFIA 2256.008 – Local Governments]
In accordance with the Town of Trophy Club and the Public Funds Investment Act, designated Investment
Officers shall attend investment training no less often than once every two years and shall accumulate not
less than 8 hours of instruction relating to investment responsibilities. A newly appointed Investment Officer
must attend training accumulating at least 10 hours of instruction within twelve months of the date the
Officer took office or assumed the Officer’s duties. The investment training sessions shall be provided by
independent sources approved by the Investment Committee, and must include education in investment
controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance
with the PFIA.
Internal Controls (Best Practice)
The Investment Officers are responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the Town of Trophy Club are protected from loss, theft, or misuse.
The internal control structure shall be designed to provide reasonable assurance that these objectives are
met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the
benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments
by management.
Accordingly, the Investment Officers shall establish a process for annual independent review by an external
auditor to assure compliance with policies and procedures. The internal controls shall address the following
points.
Avoidance of collusion.
Separation of transactions authority from accounting and recordkeeping.
Custodial safekeeping.
Avoidance of physical delivery securities.
Clear delegation of authority to subordinate staff members.
Written confirmation for telephone (voice) transactions for investments and wire transfers.
Development of a wire transfer agreement with the depository bank or third-party custodian.
Investment Policy Certification [PFIA 2256.005(k-l)]
A qualified representative, as defined by PFIA section 2256.002(10), of all business organizations, as
defined by PFIA section 2256.005(k) as local government investment pools and discretionary investment
management firms, must sign a certification acknowledging that the organization has received and reviewed
the Town of Trophy Club’s Investment Policy and that reasonable procedures and controls have been
implemented to preclude investment transactions that are not authorized by the Town of Trophy Club’s
Policy except to the extent that the authorization is dependent on an analysis of the makeup of the Town's
entire portfolio, requires an interpretation of subjective investment standards, or relates to investment
transactions of the Town that are not made through accounts or other contractual arrangements over which
the business organization has accepted discretionary investment authority. The Town shall not enter into
an investment transaction with a business organization prior to receiving the signed certification.
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Prudence [PFIA 2256.006]
The standard of care to be applied by the Investment Officers shall be the “prudent person” rule. This rule
states that “Investments shall be made with judgment and care, under prevailing circumstances, that a
person of prudence, discretion and intelligence would exercise in the management of the person’s own
affairs, not for speculation, but for investment, considering the probable safety of capital and the probable
income to be derived.” In determining whether an Investment Officer has exercised prudence with respect
to an investment decision, the determination shall be made taking into consideration:
The investment of all funds, or funds under the Town of Trophy Club’s control, over which the Officer
had responsibility rather than a consideration as to the prudence of a single investment.
Whether the investment decision was consistent with the written, approved Investment Policy of the
Town of Trophy Club.
Indemnification
The Investment Officers, acting in accordance with written procedures and exercising due diligence, shall
not be held personally responsible for a specific investment’s credit risk or market price changes, provided
that these deviations are reported immediately and the appropriate action is taken to control adverse
developments.
Ethics and Conflicts of Interest [PFIA 2256.005(i)]
Officers and employees involved in the investment process shall refrain from personal business activity that
would conflict with the proper execution and management of the investment program, or that would impair
their ability to make impartial decisions. Investment Committee members shall refrain from undertaking
personal investment transactions with the same individual with which business is conducted on behalf of
the Town of Trophy Club.
An Investment Officer of the Town of Trophy Club who has a personal business relationship with an
organization seeking to sell an investment to the Town of Trophy Club shall file a statement disclosing that
personal business interest. An Investment Officer who is related within the second degree by affinity or
consanguinity to an individual seeking to sell an investment to the Town of Trophy Club shall file a statement
disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics
Commission and the Town Council.
VII. SUITABLE AND AUTHORIZED INVESTMENTS
Portfolio Management
The Town of Trophy Club currently has a “buy and hold” portfolio strategy. Maturity dates are matched
with cash flow requirements and investments are purchased with the intent to be held until maturity.
However, investments may be liquidated prior to maturity for the following reasons:
An investment with declining credit maybe liquidated early to minimize loss of principal.
Cash flow needs of the Town of Trophy Club require that the investment be liquidated.
Investments [PFIA 2256.005(b)(4)(A)]
Trophy Club funds governed by this Policy may be invested in the instruments described below, all of
which are authorized by the Public Funds Investment Act. Investment of Town of Trophy Club funds in
any instrument or security not authorized for investment under the Act is prohibited. The Town of Trophy
Club will not be required to liquidate an investment that becomes unauthorized subsequent to its purchase.
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I. Authorized
1. Obligations, including letters of credit, of the United States, its agencies and instrumentalities,
including the Federal Home Loan Banks.
2. Direct obligations of the State of Texas, its agencies and instrumentalities or obligations of
agencies, counties, cities, and other political subdivisions of this State rated as to investment quality
by a nationally recognized investment rating firm of not less than “A” or its equivalent.
3. Other obligations, the principal and interest of which are unconditionally guaranteed or insured by,
or backed by the full faith and credit of, the State of Texas or the United States or their respective
agencies and instrumentalities, including obligations that are fully guaranteed or insured by the
Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States.
4. Certificates of Deposit and other forms of deposit issued by a depository institution that has its main
office or a branch office in Texas. The deposit must be guaranteed or insured by the Federal
Deposit Insurance Corporation (“FDIC”) or its successor, or the National Credit Union Share
Insurance Fund (“NCUSIF”) or its successor, or secured by obligations in a manner and amount as
provided by law. In addition, deposits obtained through a depository institution that has its main
office or a branch office in Texas and that contractually agrees to place the funds in federally
insured depository institutions in accordance with the conditions prescribed in Section 2256.010(b)
of the Public Funds Investment Act are authorized investments. Funds may also be invested by the
Town through a broker that has a main office or branch office in Texas and is selected from a list
approved by the Town as required by section 2656.025 of the Public Funds Investment Act or a
depository institution that has a main office or branch office in Texas and is selected by the Town
are authorized investments if the following conditions are met:
a. the broker or depository institution selected by the Town as specified above arranges
for the deposit of the funds in one or more federally insured depository institutions,
wherever located, for the account of the Town;
b. the full amount of the principal and accrued interest of each deposit is insured by the
United States or an instrumentality of the United States; and
c. the Town appoints a depository bank or a clearing broker registered with the Securities
and Exchange Commission Rule 15c-3 (17CFR, Section 240 15c3-3) as custodian for
the Town with respect to the deposit issued for account to the Town.
5. Fully collateralized direct repurchase agreements with a defined termination date secured by
obligations of the United States or its agencies and instrumentalities. These shall be pledged to the
Town of Trophy Club, held in an account in the Town of Trophy Club’s name, and deposited at the
time the investment is made with the Town of Trophy Club or with a third-party selected and approved
by the Town of Trophy Club. Repurchase agreements must be purchased through a primary
government securities dealer, as defined by the Federal Reserve, or a financial institution doing
business in Texas. A Master Repurchase Agreement, or similar agreement, must be signed prior to
investment in a repurchase agreement. Securities received for repurchase agreements must have a
market value greater than or equal to 102 percent at the time funds are disbursed. (This section
pertains to Sweep Accounts and/or Bond Proceeds)
6. No-Load Money Market Mutual funds that: 1) are registered and regulated by the Securities and
Exchange Commission and provide a prospectus and other information required by the Securities
and Exchange Act of 1934 (15 U.S.C. Section 78a) or the Investment Company Act of 1940 (15
U.S.C. Section 80a-1), and 2) seek to maintain a stable net asset value of $1.0000 per share.
7. Local government investment pools, which 1) meet the requirements of Chapter 2256.016 of the
Public Funds Investment Act, 2) are rated no lower than AAA or an equivalent rating by at least
one nationally recognized rating service, and 3) are authorized by resolution or ordinance by the
Town Council. In addition, a local government investment pool created to function as a money
market mutual fund must mark its portfolio to the market daily and, to the extent reasonably
possible, stabilize at a $1.0000 net asset value.
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If an investment in the Town’s portfolio becomes an unauthorized investment due to changes in the
Investment Policy or the Public Funds Investment Act, or an authorized investment is rated in a way that
causes it to become an unauthorized investment, the Investment Committee of the Town shall review the
investment and determine whether it would be more prudent to hold the investment until its maturity, or to
redeem the investment. The Investment Committee shall consider the time remaining until maturity of the
investment, the quality of the investment, and the quality and amounts of any collateral which may be
securing the investment in determining the appropriate steps to take. [PFIA 2256.021].
II. Not Authorized [PFIA 2256.009(b)(1-4)]
Investments including interest-only or principal-only strips of obligations with underlying mortgage-backed
security collateral, collateralized mortgage obligations with an inverse floating interest rate or a maturity
date of over 10 years are strictly prohibited.
VIII. INVESTMENT PARAMETERS
Maximum Maturities [PFIA 2256.005(b)(4)(B)]
The longer the maturity of investments, the greater their potential price volatility. Therefore, it is the Town
of Trophy Club’s policy to concentrate its investment portfolio in shorter-term investments in order to limit
principal risk caused by changes in interest rates.
The Town of Trophy Club attempts to match its investments with anticipated cash flow requirements. The
Town of Trophy Club will not directly invest for more than three years from the date of purchase; however,
the above described obligations, certificates, or agreements may be collateralized using longer dated
investments.
Because no secondary market exists for repurchase agreements, the maximum maturity shall be 120 days
except in the case of a flexible repurchase agreement for bond proceeds. The maximum maturity for such
an investment shall be determined in accordance with project cash flow projections and the requirements
of the governing bond ordinance.
The composite portfolio will have a weighted average maturity of 365 days or less. The dollar-weighted
average maturity will be calculated using the stated final maturity dates of each security. [PFIA
2256.005(b)(4)(C)].
Diversification [PFIA 2256.005(b)(3)]
The Town of Trophy Club recognizes that investment risks can result from issuer defaults, market price
changes or various technical complications leading to temporary illiquidity. Risk is managed through
portfolio diversification that shall be achieved by the following general guidelines:
Limiting investments to avoid overconcentration in investments from a specific issuer or business sector
(excluding U.S. Treasury securities and financial institution deposits that are fully insured and
collateralized in accordance with state and federal law),
Limiting investments that have higher credit risk,
Utilizing investments with varying maturities, and
Continuously investing a portion of the portfolio in readily available funds such as local government
investment pools (LGIPs), money market accounts, money market funds, or overnight repurchase
agreements to ensure that appropriate liquidity is maintained in order to meet ongoing obligations.
IX. SELECTION OF BANKS AND DEALERS
Depository
At least every five years a Depository shall be selected through the Town of Trophy Club’s banking services
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procurement process, which shall include a formal request for application (RFA). The selection of a
depository will be determined by competitive application and evaluation of applications will be based on the
most advantageous terms and conditions for the handling of Town funds.
Authorized Brokers/Dealers [PFIA 2256.025]
The Town of Trophy Club Investment Committee (see Section XIII) shall, at least annually, review, revise,
and approve a list of qualified broker/dealers authorized to engage in securities transactions with the Town
of Trophy Club. Authorized firms may include primary dealers or regional dealers that qualify under
Securities & Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule).
Competitive Environment
It is the policy of the Town of Trophy Club to provide a competitive environment for all investment activities.
The Investment Officers shall develop and maintain procedures for ensuring competition in the investment
of the Town of Trophy Club’s funds and are authorized to solicit bids for investments orally, in writing,
electronically, or in any combination of these methods.
Delivery vs. Payment [PFIA 2256.005(b)(4)(E)]
Securities shall be purchased using the delivery vs. payment method. Funds will be released after
notification that the purchased security has been received.
X. SAFEKEEPING AND CUSTODY
Safekeeping and Custodial Agreements
The Town of Trophy Club shall contract with a bank or banks for the safekeeping of securities either owned
by the Town of Trophy Club as part of its investment portfolio or held as collateral to secure financial
institution deposits. Securities owned by the Town of Trophy Club shall be held in an account in the Town
of Trophy Club’s name as evidenced by safekeeping receipts of the institution holding the securities.
Original safekeeping receipts shall be obtained and held by the Town.
Collateral for deposits will be held by a third-party custodian designated by the Town of Trophy Club and
pledged to the Town of Trophy Club as evidenced by pledge receipts of the institution with which the
collateral is deposited. Collateral may be held by the depository bank’s trust department, a Federal Reserve
Bank or branch of a Federal Reserve Bank, a Federal Home Loan Bank, or a third-party bank approved by
the Town of Trophy Club.
Collateral Policy [PFCA 2257.023]
Consistent with the requirements of the Public Funds Collateral Act, it is the policy of the Town of Trophy
Club to require full collateralization of all non-insured Town of Trophy Club funds on deposit with a financial
institution and a written depository agreement acceptable to the Town. The market value of the securities
collateralizing the deposit of funds shall be at least equal to 102% of the principal and accrued interest on
the deposits less an amount insured by the FDIC or NCUSIF. Collateral in the form of letters of credit
issued by the Federal Home Loan Bank must be equal to 100% of the principal and anticipated interest of
deposits less the applicable level of FDIC insurance. At its discretion, the Town of Trophy Club may require
a higher level of collateralization for certain investment securities held as collateral. Securities pledged as
collateral shall be held by an independent third-party with whom the Town of Trophy Club has a current
custodial agreement. The Investment Officers are responsible for entering into collateralization agreements
with third-party custodians in compliance with this Policy. The agreements are to specify the acceptable
investment securities for collateral, including provisions relating to possession of the collateral, the
substitution or release of investment securities, ownership of securities, and the method of valuation of
securities. A clearly marked evidence of pledge must be supplied to the Town of Trophy Club and retained.
Collateral shall be reviewed at least monthly to assure that the market value of the pledged securities are
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adequate.
The custodial portion of the depository agreement shall define the Town’s rights to the collateral in case of
default, bankruptcy or closing and shall establish a perfected security interest in compliance with Federal
and State regulations, including:
The Agreement must be in writing;
The Agreement must be executed by the depository and the Town contemporaneously with the
acquisition of the asset;
The Agreement must be approved by the board of directors or the loan committee of the depository
and a copy of the meeting minutes must be delivered to the Town; and
The Agreement must be part of the depository’s “official record” continuously since its execution.
Collateral Defined
The Town of Trophy Club shall accept only the following types of collateral:
Obligations of the United States or its agencies and instrumentalities
Direct obligations of the State of Texas or its agencies and instrumentalities
Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the
United States, the underlying security for which is guaranteed by an agency or instrumentality of the
United States
Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as
to investment quality by a nationally recognized rating firm not less than A or its equivalent with a
remaining maturity of ten (10) years or less
A surety bond issued by an insurance company rated as to investment quality by a nationally
recognized rating firm not less than A
A letter of credit issued by the Federal Home Loan Bank
Subject to Audit
All collateral shall be subject to inspection and audit by the Investment Officers or their designee, Including
the Town of Trophy Club’s independent auditors.
XI. PERFORMANCE
Performance Standards
The Town of Trophy Club’s investment portfolio will be managed in accordance with the parameters
specified within this Policy. The portfolio shall be designed with the objective of obtaining a market rate of
return through budgetary and economic cycles, commensurate with the investment risk constraints and the
cash flow requirements of the Town of Trophy Club.
Performance Benchmark
It is the policy of the Town of Trophy Club to purchase investments with maturity dates coinciding with cash
flow needs. Through this strategy, the Town of Trophy Club shall seek to optimize interest earnings utilizing
allowable investments available in the market at that time. The Town of Trophy Club’s portfolio shall be
designed with the objective of regularly meeting or exceeding the benchmark(s) as appropriate per the
investment strategy statements. Weighted Average Yield to Maturity shall be the standard for calculating
portfolio rate of return.
XII. REPORTING [PFIA 2256.023]
Methods
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The Investment Officers shall prepare a written investment report on a quarterly basis that summarizes
investment strategies employed in the most recent quarter and describes the portfolio in terms of
investment securities, maturities, and shall explain the total investment return for the quarter.
The quarterly investment report shall include a summary statement of investment activity prepared in
compliance with the PFIA. This summary will be prepared in a manner that will allow the Town of Trophy
Club to ascertain whether investment activities during the reporting period have conformed to the
Investment Policy. The report will be provided to the Town Council and signed by the Investment Officers.
The report will include the following:
A listing of individual investments held at the end of the reporting period.
Unrealized gains or losses resulting from appreciation or depreciation by listing the beginning and
ending book and market value of investments for the period.
Additions and changes to the market value during the period.
Average weighted yield to maturity of portfolio as compared to applicable benchmarks.
Listing of investments by maturity date.
Fully accrued interest for the reporting period.
The percentage of the total portfolio that each type of investment represents.
Statement of compliance of the Town of Trophy Club’s investment portfolio with state law and the
investment strategy and policy approved by the Town Council.
An independent auditor will perform a formal annual review of the quarterly reports with the results reported
to the Town Council [PFIA 2256.023(d)].
Monitoring Market Value [PFIA 2256.005(b)(4)(D)]
Market value of all securities in the portfolio will be determined at least on a quarterly basis. These values
will be obtained from a reputable and independent source and disclosed to the Town Council quarterly in
a written report.
XIII. INVESTMENT COMMITTEE
Members
An Investment Committee, consisting of the Town Manager and the Investment Officers, shall review the
Town’s investment strategies and monitor the results of the investment program periodically. This review
can be done by reviewing the quarterly written reports and by holding committee meetings as necessary.
The committee will be authorized to invite other advisors to attend meetings as needed.
Scope
The Investment Committee shall include in its deliberations such topics as economic outlook, investment
strategies, portfolio diversification, maturity structure, potential risk to the Town’s funds, evaluation and
authorization of broker/dealers, acceptable training sources, rate of return on the investment portfolio, and
review of compliance with the Investment Policy. The Investment Committee will also advise the Town
Council of any future amendments to the Investment Policy that are deemed necessary or recommended.
Procedures
The Investment Policy shall require the Investment Committee to provide minutes of investment
information discussed at any meetings held. The committee shall meet at least quarterly to discuss the
investment program and policy.
XIV. INVESTMENT POLICY ADOPTION [PFIA 2256.005(e)]
The Town of Trophy Club’s Investment Policy shall be adopted by resolution of the Town Council. It is the
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Town of Trophy Club’s intent to comply with state laws and regulations. The Town of Trophy Club’s
Investment Policy shall be subject to revisions consistent with changing laws, regulations, and needs of
the Town of Trophy Club. The Town Council shall adopt a resolution stating that it has reviewed the policy
and investment strategies not less than annually, approving any changes or modifications.
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TOWN OF TROPHY CLUB
INVESTMENT POLICY
I. POLICY
It is the policy of the Town of Trophy Club that after allowing for the anticipated cash flow requirements of
the Town of Trophy Club and giving due consideration to the safety and risk of investment, all available
funds shall be invested in conformance with these legal and administrative guidelines, seeking to optimize
interest earnings to the maximum extent possible.
Effective cash management is recognized as essential to good fiscal management. Investment interest is
a source of revenue to Trophy Club funds. Trophy Club’s investment portfolio shall be designed and
managed in a manner to maximize this revenue source, to be responsive to public trust, and to be in
compliance with legal requirements and limitations.
Investments shall be made with the primary objectives of:
Safety and preservation of principal
Maintenance of sufficient liquidity to meet operating needs
Public trust from prudent investment activities
Optimization of interest earnings on the portfolio
II. PURPOSE
The purpose of this Investment Policy is to comply with Chapter 2256 of the Government Code (“Public
Funds Investment Act” or “PFIA”), which requires the Town of Trophy Club to adopt a written investment
policy regarding the investment of its funds and funds under its control. The Investment Policy addresses
the methods, procedures and practices that must be exercised to ensure effective and judicious fiscal
management of Trophy Club’s funds.
III. SCOPE
This Investment Policy shall govern the investment of all financial assets of the Town of Trophy Club. These
funds are accounted for in the Town of Trophy Club’s Annual Comprehensive Financial Report (ACFR)
and include:
General Fund
Special Revenue Funds
Capital Projects Funds
Proprietary Funds
Debt Service Funds, including reserves and sinking funds, to the extent not required by law
or existing contract to be kept segregated and managed separately
Any new fund created by the Town of Trophy Club, unless specifically exempted from this Policy by
the Town Council or by law
The Town of Trophy Club consolidates fund cash balances to maximize investment earnings. Investment
income will be allocated to the various funds based on their respective participation and in accordance with
generally accepted accounting principles.
This Investment Policy shall apply to all transactions involving the financial assets and related activity for
all the foregoing funds. However, this Policy does not apply to the assets administered for the benefit of
the Town of Trophy Club by outside agencies under deferred compensation programs.
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IV. INVESTMENT OBJECTIVES
The Town of Trophy Club shall manage and invest its cash with four primary objectives, listed in order of
priority: safety, liquidity, public trust, and yield, expressed as optimization of interest earnings. The safety
of the principal invested always remains the primary objective. All investments shall be designed and
managed in a manner responsive to the public trust and consistent with state and local law.
The Town of Trophy Club shall maintain a comprehensive cash management program, which includes
collection of accounts receivable, vendor payments in accordance with the Town’s purchasing policies, and
prudent investment of available cash. Cash management is defined as the process of managing monies in
order to ensure maximum cash availability and maximum earnings on short-term investment of idle cash.
Safety [PFIA 2256.005(b)(2)]
Safety of principal is the foremost objective of the investment program. Investments shall be undertaken
in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to
mitigate credit and interest rate risk.
Credit Risk and Concentration of Credit Risk – The Town of Trophy Club will minimize credit risk, the
risk of loss due to the failure of the issuer or backer of the investment, and concentration of credit risk,
the risk of loss attributed to the magnitude of investment in a single issuer, by:
Limiting investments to the safest types of investments.
Pre-qualifying the financial institutions and broker/dealers with which the Town of Trophy Club
will do business.
Diversifying the investment portfolio so that potential losses on individual issuers will be
minimized.
Interest Rate Risk – the Town of Trophy Club will manage the risk that the interest earnings and the
market value of investments in the portfolio will fall due to changes in general interest rates by limiting
the maximum weighted average maturity of the investment portfolio to 365 days. The Town of Trophy
Club will, in addition:
Structure the investment portfolio so that investments mature to meet cash requirements for
ongoing operations, thereby avoiding the need to liquidate investments prior to maturity.
Invest operating funds primarily in financial institution deposits, shorter-term securities, money
market mutual funds, or local government investment pools functioning as money market mutual
funds.
Diversify maturities and stagger purchase dates to minimize the impact of market movements
over time.
Liquidity [PFIA 2256.005(b)(2)]
The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be
reasonably anticipated. This is accomplished by structuring the portfolio so that investments mature
concurrent with cash needs to meet anticipated demands. Because all possible cash demands cannot be
anticipated, a portion of the portfolio will be invested in shares of money market mutual funds, local
government investment pools, or other cash equivalents that offer same-day liquidity.
Public Trust
All participants in the Town of Trophy Club’s investment process shall seek to act responsibly as custodians
of the public trust. The Investment Officers shall avoid any transaction that might impair public confidence
in the Town of Trophy Club’s ability to govern effectively.
Yield (Optimization of Interest Earnings) [PFIA 2256.005(b)(3)]
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The investment portfolio shall be designed with the objective of attaining a market rate of return throughout
budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs.
Return on investment is of secondary importance compared to the safety and liquidity objectives described
above.
V. INVESTMENT STRATEGY STATEMENTS
The Town of Trophy Club portfolio will be structured to benefit from anticipated market conditions and to
achieve a reasonable return. Relative value among asset groups shall be analyzed and pursued as part of
the investment program within the restrictions set forth by the Investment Policy.
The Town of Trophy Club maintains portfolios which utilize four specific investment strategy considerations
designed to address the unique characteristics of the fund groups represented in the portfolios.
Operating Funds
Suitability - All investments authorized in the Investment Policy are suitable for Operating Funds.
Preservation and Safety of Principal - All investments shall be of high quality with no perceived default risk.
Liquidity - Investment strategies for the Operating Funds have as their primary objective to assure that
anticipated cash flows are matched with adequate investment liquidity. The dollar-weighted average
maturity of operating funds, based on the stated final maturity date of each investment, will be calculated
and limited to one year or less. Constant $1.0000 net asset value investment pools and money market
mutual funds, and other cash equivalents shall be integral components to maintaining daily liquidity.
Investments for these funds shall not exceed a 24-month period from date of purchase.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Operating Funds shall be the rolling three-month Treasury yield.
Reserve and Deposit Funds
Suitability - All investments authorized in the Investment Policy are suitable for Reserve and Deposit Funds.
Preservation and Safety of Principal - All investments shall be of high quality with no perceived default risk.
Liquidity - Investment strategies for Reserve and Deposit Funds shall have as the primary objective the
ability to generate a dependable revenue stream to the appropriate reserve fund from investments with a
low degree of volatility. Except as may be required by the bond ordinance specific to an individual issue,
investments should be of high quality, with short-to-intermediate-term maturities. The dollar-weighted
average maturity of Reserve and Deposit Funds, based on the stated final maturity date of each investment,
will be calculated and limited to two years or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities and portfolio
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constraints. The benchmark for Reserve and Deposit Funds shall be the rolling three-month Treasury yield.
Bond and Certificate Capital Project Funds and Special Purpose Funds
Suitability - All investments authorized in the Investment Policy are suitable for Bond and Certificate Capital
Project Funds and Special Purpose Funds.
Preservation and Safety of Principal - All investments shall be of high quality with no perceived default risk.
Liquidity - Investment strategies for Bond and Certificate Capital Project Funds and Special Purpose Funds
portfolios will have as their primary objective to assure that anticipated cash flows are matched with
adequate investment liquidity. The stated final maturity dates of investments held should not exceed the
estimated project completion date or a maturity of no greater than three years. The dollar-weighted average
maturity of Bond and Certificate Capital Project Funds and Special Purpose Funds, based on the stated
final maturity date of each investment, will be calculated and limited to two years or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Bond and Certificate Capital Project Funds and Special Purpose Funds
shall be the rolling three-month Treasury yield. A secondary objective of these funds is to achieve a yield
equal to or greater than the arbitrage yield of the applicable bond or certificate, when reasonable
considering safety and liquidity objectives.
Debt Service Funds
Suitability - All investments authorized in the Investment Policy are suitable for Debt Service Funds.
Preservation and Safety of Principal - All investments shall be of high quality with no perceived default risk.
Liquidity - Investment strategies for Debt Service Funds shall have as the primary objective the assurance
of investment liquidity adequate to cover the debt service obligation on the required payment date.
Investments shall not have a stated final maturity date which exceeds the next unfunded debt service
payment date. The dollar-weighted average maturity of Debt Service Funds, based on the stated final
maturity date of each investment, will be calculated and limited to one year or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Debt Service Funds shall be the rolling three-month Treasury yield.
VI. RESPONSIBILITY AND CONTROL
Delegation of Authority [PFIA 2256.005(f)]
In accordance with the Town of Trophy Club and the Public Funds Investment Act, the Town Council
designates the Town Manager's designee and/or Finance Director and the Chief Financial Analyst as the
Town of Trophy Club’s Investment Officers. The Town Manager's designee and/or Finance Director is
responsible for the overall management of the Town’s investment program and may direct the other
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Investment Officer in his/her duties. The Investment Officers are authorized to deposit, withdraw, invest,
transfer, execute documentation, and otherwise manage funds on behalf of the Town of Trophy Club
according to this Policy. Unless authorized by law, no other person may deposit, withdraw, transfer or
manage in any other manner the Town of Trophy Club funds. The investment authority granted to the
Investment Officers is effective until rescinded.
Quality and Capability of Investment Management [PFIA 2256.005(b)(3)]
The Town of Trophy Club shall provide periodic training in investments for the designated Investment
Officers and other investment personnel through courses and seminars offered by professional
organizations, associations, and other independent sources in order to ensure the quality and capability of
investment management in compliance with the Public Funds Investment Act.
Training Requirement [PFIA 2256.008 – Local Governments]
In accordance with the Town of Trophy Club and the Public Funds Investment Act, designated Investment
Officers shall attend investment training no less often than once every two years and shall accumulate not
less than 8 hours of instruction relating to investment responsibilities. A newly appointed Investment Officer
must attend training accumulating at least 10 hours of instruction within twelve months of the date the
Officer took office or assumed the Officer’s duties. The investment training sessions shall be provided by
independent sources approved by the Investment Committee, and must include education in investment
controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance
with the PFIA.
Internal Controls (Best Practice)
The Investment Officers are responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the Town of Trophy Club are protected from loss, theft, or misuse.
The internal control structure shall be designed to provide reasonable assurance that these objectives are
met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the
benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments
by management.
Accordingly, the Investment Officers shall establish a process for annual independent review by an external
auditor to assure compliance with policies and procedures. The internal controls shall address the following
points.
Avoidance of collusion.
Separation of transactions authority from accounting and recordkeeping.
Custodial safekeeping.
Avoidance of physical delivery securities.
Clear delegation of authority to subordinate staff members.
Written confirmation for telephone (voice) transactions for investments and wire transfers.
Development of a wire transfer agreement with the depository bank or third-party custodian.
Investment Policy Certification [PFIA 2256.005(k-l)]
A qualified representative, as defined by PFIA section 2256.002(10), of all business organizations, as
defined by PFIA section 2256.005(k) as local government investment pools and discretionary investment
management firms, must sign a certification acknowledging that the organization has received and reviewed
the Town of Trophy Club’s Investment Policy and that reasonable procedures and controls have been
implemented to preclude investment transactions that are not authorized by the Town of Trophy Club’s
Policy except to the extent that the authorization is dependent on an analysis of the makeup of the Town's
entire portfolio, requires an interpretation of subjective investment standards, or relates to investment
transactions of the Town that are not made through accounts or other contractual arrangements over which
the business organization has accepted discretionary investment authority. The Town shall not enter into
an investment transaction with a business organization prior to receiving the signed certification.
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Prudence [PFIA 2256.006]
The standard of care to be applied by the Investment Officers shall be the “prudent person” rule. This rule
states that “Investments shall be made with judgment and care, under prevailing circumstances, that a
person of prudence, discretion and intelligence would exercise in the management of the person’s own
affairs, not for speculation, but for investment, considering the probable safety of capital and the probable
income to be derived.” In determining whether an Investment Officer has exercised prudence with respect
to an investment decision, the determination shall be made taking into consideration:
The investment of all funds, or funds under the Town of Trophy Club’s control, over which the Officer
had responsibility rather than a consideration as to the prudence of a single investment.
Whether the investment decision was consistent with the written, approved Investment Policy of the
Town of Trophy Club.
Indemnification
The Investment Officers, acting in accordance with written procedures and exercising due diligence, shall
not be held personally responsible for a specific investment’s credit risk or market price changes, provided
that these deviations are reported immediately and the appropriate action is taken to control adverse
developments.
Ethics and Conflicts of Interest [PFIA 2256.005(i)]
Officers and employees involved in the investment process shall refrain from personal business activity that
would conflict with the proper execution and management of the investment program, or that would impair
their ability to make impartial decisions. Investment Committee members shall refrain from undertaking
personal investment transactions with the same individual with which business is conducted on behalf of
the Town of Trophy Club.
An Investment Officer of the Town of Trophy Club who has a personal business relationship with an
organization seeking to sell an investment to the Town of Trophy Club shall file a statement disclosing that
personal business interest. An Investment Officer who is related within the second degree by affinity or
consanguinity to an individual seeking to sell an investment to the Town of Trophy Club shall file a statement
disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics
Commission and the Town Council.
VII. SUITABLE AND AUTHORIZED INVESTMENTS
Portfolio Management
The Town of Trophy Club currently has a “buy and hold” portfolio strategy. Maturity dates are matched
with cash flow requirements and investments are purchased with the intent to be held until maturity.
However, investments may be liquidated prior to maturity for the following reasons:
An investment with declining credit maybe liquidated early to minimize loss of principal.
Cash flow needs of the Town of Trophy Club require that the investment be liquidated.
Investments [PFIA 2256.005(b)(4)(A)]
Trophy Club funds governed by this Policy may be invested in the instruments described below, all of
which are authorized by the Public Funds Investment Act. Investment of Town of Trophy Club funds in
any instrument or security not authorized for investment under the Act is prohibited. The Town of Trophy
Club will not be required to liquidate an investment that becomes unauthorized subsequent to its purchase.
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I. Authorized
1. Obligations, including letters of credit, of the United States, its agencies and instrumentalities,
including the Federal Home Loan Banks.
2. Direct obligations of the State of Texas, its agencies and instrumentalities or obligations of
agencies, counties, cities, and other political subdivisions of this State rated as to investment quality
by a nationally recognized investment rating firm of not less than “A” or its equivalent.
3. Other obligations, the principal and interest of which are unconditionally guaranteed or insured by,
or backed by the full faith and credit of, the State of Texas or the United States or their respective
agencies and instrumentalities, including obligations that are fully guaranteed or insured by the
Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States.
4. Certificates of Deposit and other forms of deposit issued by a depository institution that has its main
office or a branch office in Texas. The deposit must be guaranteed or insured by the Federal
Deposit Insurance Corporation (“FDIC”) or its successor, or the National Credit Union Share
Insurance Fund (“NCUSIF”) or its successor, or secured by obligations in a manner and amount as
provided by law. In addition, deposits obtained through a depository institution that has its main
office or a branch office in Texas and that contractually agrees to place the funds in federally
insured depository institutions in accordance with the conditions prescribed in Section 2256.010(b)
of the Public Funds Investment Act are authorized investments. Funds may also be invested by the
Town through a broker that has a main office or branch office in Texas and is selected from a list
approved by the Town as required by section 2656.025 of the Public Funds Investment Act or a
depository institution that has a main office or branch office in Texas and is selected by the Town
are authorized investments if the following conditions are met:
a. the broker or depository institution selected by the Town as specified above arranges
for the deposit of the funds in one or more federally insured depository institutions,
wherever located, for the account of the Town;
b. the full amount of the principal and accrued interest of each deposit is insured by the
United States or an instrumentality of the United States; and
c. the Town appoints a depository bank or a clearing broker registered with the Securities
and Exchange Commission Rule 15c-3 (17CFR, Section 240 15c3-3) as custodian for
the Town with respect to the deposit issued for account to the Town.
5. Fully collateralized direct repurchase agreements with a defined termination date secured by
obligations of the United States or its agencies and instrumentalities. These shall be pledged to the
Town of Trophy Club, held in an account in the Town of Trophy Club’s name, and deposited at the
time the investment is made with the Town of Trophy Club or with a third-party selected and approved
by the Town of Trophy Club. Repurchase agreements must be purchased through a primary
government securities dealer, as defined by the Federal Reserve, or a financial institution doing
business in Texas. A Master Repurchase Agreement, or similar agreement, must be signed prior to
investment in a repurchase agreement. Securities received for repurchase agreements must have a
market value greater than or equal to 102 percent at the time funds are disbursed. (This section
pertains to Sweep Accounts and/or Bond Proceeds)
6. No-Load Money Market Mutual funds that: 1) are registered and regulated by the Securities and
Exchange Commission and provide a prospectus and other information required by the Securities
and Exchange Act of 1934 (15 U.S.C. Section 78a) or the Investment Company Act of 1940 (15
U.S.C. Section 80a-1), and 2) seek to maintain a stable net asset value of $1.0000 per share.
7. Local government investment pools, which 1) meet the requirements of Chapter 2256.016 of the
Public Funds Investment Act, 2) are rated no lower than AAA or an equivalent rating by at least
one nationally recognized rating service, and 3) are authorized by resolution or ordinance by the
Town Council. In addition, a local government investment pool created to function as a money
market mutual fund must mark its portfolio to the market daily and, to the extent reasonably
possible, stabilize at a $1.0000 net asset value.
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If an investment in the Town’s portfolio becomes an unauthorized investment due to changes in the
Investment Policy or the Public Funds Investment Act, or an authorized investment is rated in a way that
causes it to become an unauthorized investment, the Investment Committee of the Town shall review the
investment and determine whether it would be more prudent to hold the investment until its maturity, or to
redeem the investment. The Investment Committee shall consider the time remaining until maturity of the
investment, the quality of the investment, and the quality and amounts of any collateral which may be
securing the investment in determining the appropriate steps to take. [PFIA 2256.021].
II. Not Authorized [PFIA 2256.009(b)(1-4)]
Investments including interest-only or principal-only strips of obligations with underlying mortgage-backed
security collateral, collateralized mortgage obligations with an inverse floating interest rate or a maturity
date of over 10 years are strictly prohibited.
VIII. INVESTMENT PARAMETERS
Maximum Maturities [PFIA 2256.005(b)(4)(B)]
The longer the maturity of investments, the greater their potential price volatility. Therefore, it is the Town
of Trophy Club’s policy to concentrate its investment portfolio in shorter-term investments in order to limit
principal risk caused by changes in interest rates.
The Town of Trophy Club attempts to match its investments with anticipated cash flow requirements. The
Town of Trophy Club will not directly invest for more than three years from the date of purchase; however,
the above described obligations, certificates, or agreements may be collateralized using longer dated
investments.
Because no secondary market exists for repurchase agreements, the maximum maturity shall be 120 days
except in the case of a flexible repurchase agreement for bond proceeds. The maximum maturity for such
an investment shall be determined in accordance with project cash flow projections and the requirements
of the governing bond ordinance.
The composite portfolio will have a weighted average maturity of 365 days or less. The dollar-weighted
average maturity will be calculated using the stated final maturity dates of each security. [PFIA
2256.005(b)(4)(C)].
Diversification [PFIA 2256.005(b)(3)]
The Town of Trophy Club recognizes that investment risks can result from issuer defaults, market price
changes or various technical complications leading to temporary illiquidity. Risk is managed through
portfolio diversification that shall be achieved by the following general guidelines:
Limiting investments to avoid overconcentration in investments from a specific issuer or business sector
(excluding U.S. Treasury securities and financial institution deposits that are fully insured and
collateralized in accordance with state and federal law),
Limiting investments that have higher credit risk,
Utilizing investments with varying maturities, and
Continuously investing a portion of the portfolio in readily available funds such as local government
investment pools (LGIPs), money market accounts, money market funds, or overnight repurchase
agreements to ensure that appropriate liquidity is maintained in order to meet ongoing obligations.
IX. SELECTION OF BANKS AND DEALERS
Depository
At least every five years a Depository shall be selected through the Town of Trophy Club’s banking services
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procurement process, which shall include a formal request for application (RFA). The selection of a
depository will be determined by competitive application and evaluation of applications will be based on the
most advantageous terms and conditions for the handling of Town funds.
Authorized Brokers/Dealers [PFIA 2256.025]
The Town of Trophy Club Investment Committee (see Section XIII) shall, at least annually, review, revise,
and approve a list of qualified broker/dealers authorized to engage in securities transactions with the Town
of Trophy Club. Authorized firms may include primary dealers or regional dealers that qualify under
Securities & Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule).
Competitive Environment
It is the policy of the Town of Trophy Club to provide a competitive environment for all investment activities.
The Investment Officers shall develop and maintain procedures for ensuring competition in the investment
of the Town of Trophy Club’s funds and are authorized to solicit bids for investments orally, in writing,
electronically, or in any combination of these methods.
Delivery vs. Payment [PFIA 2256.005(b)(4)(E)]
Securities shall be purchased using the delivery vs. payment method. Funds will be released after
notification that the purchased security has been received.
X. SAFEKEEPING AND CUSTODY
Safekeeping and Custodial Agreements
The Town of Trophy Club shall contract with a bank or banks for the safekeeping of securities either owned
by the Town of Trophy Club as part of its investment portfolio or held as collateral to secure financial
institutiondemand or time deposits. Securities owned by the Town of Trophy Club shall be held in an account
in the Town of Trophy Club’s name as evidenced by safekeeping receipts of the institution holding the
securities. Original safekeeping receipts shall be obtained and held by the Town.
Collateral for deposits will be held by a third-party custodian designated by the Town of Trophy Club and
pledged to the Town of Trophy Club as evidenced by pledge receipts of the institution with which the
collateral is deposited. Collateral may be held by the depository bank’s trust department, a Federal Reserve
Bank or branch of a Federal Reserve Bank, a Federal Home Loan Bank, or a third-party bank approved by
the Town of Trophy Club.
Collateral Policy [PFCA 2257.023]
Consistent with the requirements of the Public Funds Collateral Act, it is the policy of the Town of Trophy
Club to require full collateralization of all non-insured Town of Trophy Club funds on deposit with a financial
institution and a written depository agreement acceptable to the Town. The market value of the securities
collateralizing the deposit of funds shall be at least equal to 102% of the principal and accrued interest on
the deposits less an amount insured by the FDIC or NCUSIF. Collateral in the form of letters of credit
issued by the Federal Home Loan Bank must be equal to 100% of the principal and anticipated interest of
deposits less the applicable level of FDIC insurance. At its discretion, the Town of Trophy Club may require
a higher level of collateralization for certain investment securities held as collateral. Securities pledged as
collateral shall be held by an independent third-party with whom the Town of Trophy Club has a current
custodial agreement. The Investment Officers are responsible for entering into collateralization agreements
with third-party custodians in compliance with this Policy. The agreements are to specify the acceptable
investment securities for collateral, including provisions relating to possession of the collateral, the
substitution or release of investment securities, ownership of securities, and the method of valuation of
securities. A clearly marked evidence of pledge must be supplied to the Town of Trophy Club and retained.
Collateral shall be reviewed at least monthly to assure that the market value of the pledged securities are
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adequate.
The custodial portion of the depository agreement shall define the Town’s rights to the collateral in case of
default, bankruptcy or closing and shall establish a perfected security interest in compliance with Federal
and State regulations, including:
The Agreement must be in writing;
The Agreement must be executed by the depository and the Town contemporaneously with the
acquisition of the asset;
The Agreement must be approved by the board of directors or the loan committee of the depository
and a copy of the meeting minutes must be delivered to the Town; and
The Agreement must be part of the depository’s “official record” continuously since its execution.
Collateral Defined
The Town of Trophy Club shall accept only the following types of collateral:
Obligations of the United States or its agencies and instrumentalities
Direct obligations of the State of Texas or its agencies and instrumentalities
Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the
United States, the underlying security for which is guaranteed by an agency or instrumentality of the
United States
Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as
to investment quality by a nationally recognized rating firm not less than A or its equivalent with a
remaining maturity of ten (10) years or less
A surety bond issued by an insurance company rated as to investment quality by a nationally
recognized rating firm not less than A
A letter of credit issued by the Federal Home Loan Bank
Subject to Audit
All collateral shall be subject to inspection and audit by the Investment Officers or their designee, Including
the Town of Trophy Club’s independent auditors.
XI. PERFORMANCE
Performance Standards
The Town of Trophy Club’s investment portfolio will be managed in accordance with the parameters
specified within this Policy. The portfolio shall be designed with the objective of obtaining a market rate of
return through budgetary and economic cycles, commensurate with the investment risk constraints and the
cash flow requirements of the Town of Trophy Club.
Performance Benchmark
It is the policy of the Town of Trophy Club to purchase investments with maturity dates coinciding with cash
flow needs. Through this strategy, the Town of Trophy Club shall seek to optimize interest earnings utilizing
allowable investments available in the market at that time. The Town of Trophy Club’s portfolio shall be
designed with the objective of regularly meeting or exceeding the benchmark(s) as appropriate per the
investment strategy statements. Weighted Average Yield to Maturity shall be the standard for calculating
portfolio rate of return.
XII. REPORTING [PFIA 2256.023]
Methods
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The Investment Officers shall prepare a written investment report on a quarterly basis that summarizes
investment strategies employed in the most recent quarter and describes the portfolio in terms of
investment securities, maturities, and shall explain the total investment return for the quarter.
The quarterly investment report shall include a summary statement of investment activity prepared in
compliance with the PFIA. This summary will be prepared in a manner that will allow the Town of Trophy
Club to ascertain whether investment activities during the reporting period have conformed to the
Investment Policy. The report will be provided to the Town Council and signed by the Investment Officers.
The report will include the following:
A listing of individual investments held at the end of the reporting period.
Unrealized gains or losses resulting from appreciation or depreciation by listing the beginning and
ending book and market value of investments for the period.
Additions and changes to the market value during the period.
Average weighted yield to maturity of portfolio as compared to applicable benchmarks.
Listing of investments by maturity date.
Fully accrued interest for the reporting period.
The percentage of the total portfolio that each type of investment represents.
Statement of compliance of the Town of Trophy Club’s investment portfolio with state law and the
investment strategy and policy approved by the Town Council.
An independent auditor will perform a formal annual review of the quarterly reports with the results reported
to the Town Council [PFIA 2256.023(d)].
Monitoring Market Value [PFIA 2256.005(b)(4)(D)]
Market value of all securities in the portfolio will be determined at least on a quarterly basis. These values
will be obtained from a reputable and independent source and disclosed to the Town Council quarterly in
a written report.
XIII. INVESTMENT COMMITTEE
Members
An Investment Committee, consisting of the Town Manager and the Investment Officers, shall review the
Town’s investment strategies and monitor the results of the investment program periodically. This review
can be done by reviewing the quarterly written reports and by holding committee meetings as necessary.
The committee will be authorized to invite other advisors to attend meetings as needed.
Scope
The Investment Committee shall include in its deliberations such topics as economic outlook, investment
strategies, portfolio diversification, maturity structure, potential risk to the Town’s funds, evaluation and
authorization of broker/dealers, acceptable training sources, rate of return on the investment portfolio, and
review of compliance with the Investment Policy. The Investment Committee will also advise the Town
Council of any future amendments to the Investment Policy that are deemed necessary or recommended.
Procedures
The Investment Policy shall require the Investment Committee to provide minutes of investment
information discussed at any meetings held. The committee shall meet at least quarterly to discuss the
investment program and policy.
XIV. INVESTMENT POLICY ADOPTION [PFIA 2256.005(e)]
The Town of Trophy Club’s Investment Policy shall be adopted by resolution of the Town Council. It is the
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Town of Trophy Club’s intent to comply with state laws and regulations. The Town of Trophy Club’s
Investment Policy shall be subject to revisions consistent with changing laws, regulations, and needs of
the Town of Trophy Club. The Town Council shall adopt a resolution stating that it has reviewed the policy
and investment strategies not less than annually, approving any changes or modifications.
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TOWN COUNCIL COMMUNICATION
MEETING DATE: April 14, 2025
FROM: Tamara Smith, MSL, Assistant to the Town Manager
AGENDA ITEM: Consider a resolution amending the Thrive Business Grant program, which
provides revisions to grant requirements and monitoring and accountability
and proposes a new timeline for the second round of business grants.
(Tamara Smith, Assistant to the Town Manager)
BACKGROUND/SUMMARY: On July 11, 2023, the Economic Development Corporation (EDC)
discussed and considered a grant program tailored to benefit businesses within the Trophy
Club community. The EDC deliberated and expressed the desire to support projects
encompassing exterior and interior enhancements, equipment, and signage upgrades.
Moreover, the Board advocated for a nominal contribution from businesses in the form of
matching funds to foster a sense of mutual accountability. The Board allocated $300,000 to the
grant program for FY 2023-2024. The proposed program is a yearly application with an
evaluation and presentation to the EDC. A formal agreement is developed with grant recipients
for progress reporting, final inspections, and performance requirements.
The Thrive Business Grant program offers reimbursable matching grants (75%) of up to $20,000
to support facade enhancements, sign improvements, interior renovations, equipment
upgrades, and other critical investments. Under the terms of the grant, work must begin within
six months of the date of the award. Grantees are required to submit regular progress reports,
including financial statements, photos, and updates on project milestones. Failure to meet
specified performance requirements as set forth in each agreement will require 100%
repayment of the grant dollars received.
On October 11, 2023, staff presented a draft of the grant program to the Economic
Development Corporation (EDC) for review. The proposal was then discussed and approved by
the EDC Board during its meeting on February 27, 2024. Following this, the Thrive Business
Grant received Town Council approval on May 28, 2024. The grant program was officially
opened to the public on July 8, 2024. After the program's launch, staff conducted site visits to
businesses located along Trophy Club Drive, Highway 114 Frontage Road, PD 30, Trophy Club
Commons, and Trophy Club Plaza.
On November 20, 2024, the EDC determined that seven projects met the requirements of the
Thrive Business Grant during the first round. The Town Council approved six businesses and
seven projects on December 9, 2024, with a total grant amount of $104,380.67. This
disbursement leaves a remaining balance of $195,619.33 for the second cycle of grants.
This agenda item proposes amendments to the Thrive Business Grant program, which was
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approved through resolution EDC 2024-04, by revising sections on grant requirements,
monitoring and accountability, and introducing a new timeline section. Under the revised
program, any equipment purchased with grant funds must remain in Trophy Club for the
business's operational lifespan. Grant amounts may be adjusted by up to 10%, with a maximum
award of $20,000, and businesses must document efforts to secure local quotes if one is
available. International shipping and customs fees will not be reimbursed, and all shipping costs
must be itemized. Businesses are required to submit three quotes, including one from a local
vendor, and obtain Town approval for any exterior modifications. The Thrive Business Grant
spans approximately 1.5 years, with key deadlines for the second cycle running from April 2025
to October 2026.
Thrive Business Grant Timeline – Fiscal Year 2025-2026
• Grant Launch: April 15, 2025
• Grant Application Deadline: June 15, 2025
• EDC Review: July 2025
• EDC Approval: July 2025
• Town Council Approval: August 2025
• Performance Agreements Signed by Business: September 2025
• Performance Agreements Signed by EDC: October 2025
• Project Start: October 2025
• Project Completion Deadline: October 2026
BOARD REVIEW/CITIZEN FEEDBACK: The Economic Development Corporation met on April 3,
2025, and approved the resolution amending the Thrive Business Grant program, incorporating
revisions to the sections on grant requirements and monitoring and accountability, as well as
adding the new timeline section.
FISCAL IMPACT: The Board allocated $300,000 from the EDC 4B Fund for the Fiscal Year 2023-
2024 grant program. For the Fiscal Year 2024-2025, the budget includes a cap of $150,000 for
the Thrive Grant Program. This arrangement ensures that the remaining $150,000 will be
available for the grant program in subsequent years. Total grant dollars expended in the first
cycle were $104,380.67. This disbursement leaves a remaining balance of $195,619.33.
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the resolution as to form and
legality.
ATTACHMENTS:
1. Resolution
2. Presentation
Page 115 of 148
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to approve a resolution approving amendments
to the Thrive Business Grant program, which provides revisions to grant requirements and
monitoring and accountability and proposes a new timeline for the second round of business
grants.
Page 116 of 148
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS,
APPROVING AMENDMENTS TO THE THRIVE BUSINESS GRANT
PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (the “Town”) is a home rule municipality
acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the
Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the Trophy Club Economic Development Corporation (“EDC”)
approved the Thrive Business Grant Program (the “Program”), establishing guidelines for
reimbursable matching grants to enhance the visual appeal, competitiveness, and
economic growth of businesses in the Town; and
WHEREAS, the Town Council adopted the Program on May 28, 2024, through
Resolution 2024-09, to support new or expanded business enterprises, benefiting the
Town, its residents, and local economic development; and
WHEREAS, the Town Council finds that the Program aligns with state law and
Article III, Section 52-a of the Texas Constitution by fostering economic diversification,
reducing unemployment, and enhancing business activity in the State of Texas and the
Town; and
WHEREAS, the EDC Board of Directors recommended the changes to the
Program to include additional requirements, monitoring, accountability, and timelines; and
WHEREAS, the Town desires to adopt the Program changes recommended by
the EDC Board of Directors.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
The recitals and findings above are true and correct and are incorporated into this
Resolution as if fully set forth herein.
SECTION 2.
The Thrive Business Grant Program is hereby amended and replaced in its entirety
with the Thrive Business Grant Program attached hereto as Exhibit A, which is
incorporated into this Resolution as if fully set forth herein.
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RESOLUTION 2025-xx PAGE 2
SECTION 3.
This Resolution shall be effective upon its passage.
PASSED AND APPROVED on this 14th day of April 2025.
Jeannette Tiffany, Mayor
ATTEST:
_____________________________________
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
____________________________
Dean Roggia, Town Attorney
Page 118 of 148
Thrive Business Grant
FY 24-25
Guidelines and Application
EXHIBIT A
RESOLUTION 2025-xx PAGE 3
Page 119 of 148
Page 120 of 148
The Thrive Business Grant (TBG) is an initiative aimed at supporting local
businesses within the Town by providing reimbursable matching grants for
various improvement projects. The program seeks to enhance the visual appeal
and improve overall competitiveness of businesses, ultimately driving economic
growth and community prosperity.INTRODUCTIONPage 121 of 148
The Trophy Club Economic Development Corporation
(EDC) is dedicated to driving economic progress within the
Town. Its core mission is to actively foster employment
opportunities and enhance the overall well-being of the
community by spearheading, developing, facilitating, and
financing projects in accordance with the Economic
Development Act.
In 2023, the EDC Board earmarked $300,000 to kickstart the TBG . This program
is designed with the aim of fostering enhancements both externally and internally,
as well as furnishing essential equipment to facilitate expansion and operational
efficiency. The overarching objective is to maintain our Small Town Charm and
stimulate customer growth within the Town.
The EDC places significant emphasis on thorough deliberation, ensuring that all
grants align with the best interests of the community and that the projected
benefits are effectively realized.
Each applicant will be viewed on a case-by-case bases to help businesses achieve
success in Trophy Club.BACKGROUNDPage 122 of 148
The TBG is a dynamic initiative aimed at fortifying local
businesses within the town. This program offers reimbursable
(75%) matching grants of up to $20,000 to support facade
enhancements, sign improvements, interior renovations,
equipment upgrades, and other critical investments. By
empowering businesses to make these vital improvements, the
EDC aims to bolster the Town's economic vitality, create a
more appealing business environment, and foster community
prosperity.
The program aims to facilitate well-thought-out improvements that harmoniously
incorporate essential storefront elements into a appealing identity, potentially
including provisions for establishing an accessible public entrance if necessary.
Additionally, it supports interior enhancements aimed at improving the overall
customer experience and the enhancement of existing signage or the construction
of new signage approved by the Town. While Town staff will offer guidance on
acceptable improvements, applicants are responsible for collaborating with
licensed architects and contractors to refine the conceptual design according to
the scope of work.OVERVIEWPage 123 of 148
While the Town will review all TBG applications that align
with the eligibility criteria, it places particular emphasis on
backing projects poised to yield a substantial positive influence
on both the Town and its economic landscape.
This includes generating increased business activity, making
significant financial investments, facilitating revitalization
efforts, and ensuring the retention or expansion of existing
employers.
Prior to participating in the program, applicants must ensure they are current
with all municipal tax obligations;
Applicants are required to have no Town liens recorded against any property
owned by them, encompassing, but not limited to, liens for weed control,
demolition, board-up/open structure, and outstanding payments;
Eligibility Criteria:ELIGIBILITY CRITERIAEligible applicants must either be property owners or tenants
situated within the Town of Trophy Club;
Tenants must obtain written approval from property owners
in order to participate in the program;
Page 124 of 148
Eligibility Criteria:
All applicants have to be located within Trophy Club;
All applicants are required to adhere to both state and local laws and
regulations governing licensing, permits, building codes, and zoning
requirements;
Excluded from consideration are government offices, residential properties,
home-based enterprises, religious organization, churches, as well as
establishments dealing in sexually-oriented or smoking paraphernalia
products; and
Applicants must demonstrate financial stability and a clear plan for the
project's completion.ELIGIBILITY CRITERIAPage 125 of 148
Interior Renovations: Funding can be allocated for interior renovations, such as;
Remodeling enhancements that improve the customer experience,
General maintenance such as HVAC, plumbing, electrical, etc.
Equipment Purchases: Grants can cover the cost of purchasing new equipment
or upgrading existing machinery to increase operational efficiency and
productivity.
Signage: Grants can cover the cost of purchasing signage off site to promote and
market their business.
Applications must be made prior to work beginning. No grants will be awarded
for work that has already started, in progress, or completed.ELIGIBILITY PROJECTSFaçade Improvements: Grants may be used to enhance the
exterior appearance of businesses, including;
Improvements to an existing exterior structure,
Improvements to public facing façade(s)
Signage
Seating, and
General building/property beautification including
landscape.
Page 126 of 148
Any deviation from the approved grant project may result in the total or partial
withdrawal of the grant.
Grants are awarded as a single payment to the applicant, excluding sales tax. The
Town will not reimburse any sales tax on items purchased.
If an applicant is awarded a grant for any work performed pursuant to this
program and the work is altered for any reason within one year from the date of
construction, the applicant may be required to reimburse the Town of Trophy
Club immediately for the full amount of the grant.
Further, if a property is listed for sale and/or leased to a tenant for a purpose not
originally intended by the grant application within one year of reimbursement,
the applicant may be required to reimburse the Town of Trophy Club
immediately for the full amount of the grant.GRANT REQUIREMENTSWork must begin within six months from the date of the
award.
Grant funds are paid out on a reimbursement basis once
completed work has been verified by Town staff as compliant
with the plans proposed in the approved application.
Page 127 of 148
If a local quote cannot be obtained, the business must document the efforts made
to secure one, including the steps taken and reasons for being unable to acquire it.
The EDC Board will consider this effort in its evaluation.
The grant does not reimburse international shipping or customs fees for items
purchased overseas. These costs must be covered by the business owner.
Additionally, shipping costs must be itemized on the submitted quote.GRANT REQUIREMENTSAny equipment purchased using grant funds must remain
within the Town of Trophy Club for the entire operational
lifespan of the business.
The agreed-upon price or grant amount may be adjusted by up
to 10% to account for unforeseen circumstances or price
fluctuations, with a maximum grant amount of $20,000.
All exterior work, including but not limited to painting
(including color selections), building additions, and any
changes to the exterior appearance, must be submitted to the
Town of Trophy Club for approval before implementation.
Businesses must obtain and submit a minimum of three
quotes:
One quote from a local business (a business with a
registered address in Trophy Club or owned by a Trophy
Club resident).
Two additional quotes from other vendors.
Page 128 of 148
Each TBG application will be processed in accordance with
the following standards and procedures.
One of the prerequisites is furnishing documentation
confirming the absence of any outstanding property tax
payments for the property.
Applicants undertaking projects that encompass the
refurbishment of one or more existing structures must furnish a
comprehensive plan along with quotes and cost projections for
the renovations.
Furthermore, if a project is not approved for the intended fiscal
year, the application will be retained for consideration for up to
one year.
Interested businesses will complete and submit a application form, including
property owner written approval (if applicable) project details,
comprehensive plan, project cost, three quotes (if applicable), and a timeline
for completion.
The EDC will review applications and may approve applications based on
eligibility criteria and alignment with program goals.
The approved applications will then be reviewed by the Town Manager
before being submitted to the Town Council.
The application review process will take up to 60 days.
Selected businesses will be notified of their grant award and will receive
instructions on reimbursement procedures.
Approved businesses will sign a performance agreement, and will
be instructed on when to begin their proposed projects and
may seek reimbursement upon completion.
Application Process:APPLICATION PROCESSThe TBG will announce specific periods when
applications will be accepted from eligible businesses.
Page 129 of 148
Progress Reporting: Grantees will be required to submit regular progress
reports, including financial statements, photos, and updates on project
milestones.
Final Inspection: Upon project completion, a final inspection will be
conducted to ensure that the work meets the program's standards.
Reimbursement Process: Grantees will submit documentation for eligible
expenses, and reimbursement will be issued in accordance with the program's
guidelines.
Performance Requirements: Grantees will be required to fulfill performance
requirements set forth in the performance agreement, failure to meet the specific
requirements in the agreement will mean repayment of 100% of grant dollars
received. If the performance agreement is not signed within 60 days of receipt,
the grant will be rescinded, and you will need to reapply in the next grant cycle.
Monitoring & Accountability
Process:MONITORING & ACCOUNTABILITYPage 130 of 148
As part of the consideration for any incentives, the Town will have the right to
review and verify the applicant’s financial statements and records related to the
project and the amount of any incentives that may be payable in any given year;
and conduct an on-site inspection of the project in order to verify compliance with
the terms and conditions of the TBG.
The Town Council retains sole authority to approve or deny
any TBG application and is under no obligation to approve
any application.
The Town retains the authority to reject an application while
offering suggestions for improvements that could lead to
future acceptance.
The Town of Trophy Club has the right to terminate any
agreement under the TBG if a participant is found to be in
violation of any conditions set forth in these guidelines.
The Town reserves the right to make adjustments regarding
conditions and parameters outlined in these guidelines.
Prioritization is given to established businesses over those
operational for a year or less.
The possibility exists to approve multiple projects for
businesses if additional funding remains available.ADDITIONAL INFORMATIONPage 131 of 148
Thrive Business Grant Timeline – Fiscal Year 2025-2026
The following timeline outlines the key dates for the Thrive
Business Grant. Please note that dates are subject to change.
For up-to-date information, visit our website or contact us
directly.
Grant Launch: April 15, 2025
Grant Application Deadline: June 15, 2025
EDC Review: July 2025
EDC Approval: July 2025
Town Council Approval: August 2025
Performance Agreements Signed by Business: September
2025
Performance Agreements Signed by EDC: October 2025
Project Start: October 2025
Project Completion Deadline: October 2026
The total duration of the grant process, from application launch
to project completion, is approximately 1.5 years.TIMELINEPage 132 of 148
ELIGIBLE AREATown of Trophy Club
Boundary Map
Page 133 of 148
APPLICATIONApplicant Name
Business Name
Business Address
Mailing
Address
Thrive Business Grant (TBG)
Application
Contact Number
E-mail Address
Building Owner
Name
Building
Name
Project Information
Project Site/
Address
Project
Type
Project
Description
Page 134 of 148
APPLICATIONHow will this
project benefit the
community?
How will this
project benefit your
business?
Project Expenditures Expenditure Total Total Grant Dollars
Requested for Expenditure
Project Cost
Thrive Business Grant (TBG)
Application
Page 135 of 148
APPLICATIONTotal Cost of
Project
Total Grant Dollars
Requesting
*25% of total cost of project is the responsibility of the applicant.
Number of
Employees
Number of Years in
Trophy Club
Business Information
Annual Revenue
Please ensure that the final project scope of work, along with accompanying pictures, drawings, and
any relevant documentation, is attached. This comprehensive package will play a crucial role in
conveying a cohesive narrative that will aid the EDC and Town staff in comprehending your vision
for the allocation of grant funds.
By signing this document, you affirm that you possess the requisite authority to seek funding for the
mentioned business, you will abide by the program guidelines, and that the information furnished is
true and accurate to the best of your knowledge.
Signature: _________________________________________________________________________
Printed Name: _____________________________________________________________________
Title: _____________________________________________________________________________
Date: ________________________________
Will this project create or retain jobs?Yes No
Thrive Business Grant (TBG)
Application
Page 136 of 148
Page 137 of 148
In-Person:
Town of Trophy Club
1 Trophy Wood Drive
Trophy Club, TX 76262
Via E-mail:
thrive@trophyclub.org
Online Application:
Please Return To:
Page 138 of 148
Town Council Meeting
April 14, 2025
Page 139 of 148
Thrive Business Grant
Page 140 of 148
Amendments
•Grant Requirements
•Monitoring & Accountability
•Timeline
Agenda
Page 141 of 148
•Any equipment purchased using grant funds must remain within the
Town of Trophy Club for the entire operational lifespan of the
business.
•The agreed-upon price or grant amount may be adjusted by up to
10% to account for unforeseen circumstances or price fluctuations,
with a maximum grant amount of $20,000.
•All exterior work, including but not limited to painting (including color
selections), building additions, and any changes to the exterior
appearance, must be submitted to the Town of Trophy Club for
approval before implementation.
Amendments-Grant Requirements
Page 142 of 148
•Businesses must obtain and submit a minimum of three quotes:
•One quote from a local business (a business with a registered address in Trophy Club or
owned by a Trophy Club resident).
•Two additional quotes from other vendors.
•If a local quote cannot be obtained, the business must document the
efforts made to secure one, including the steps taken and reasons for
being unable to acquire it. The EDC Board will consider this effort in its
evaluation.
•The grant does not reimburse international shipping or customs fees
for items purchased overseas. These cost must be covered by the
business owner. Additionally, shipping cost must be itemized on the
submitted quote.
Amendments-Grant Requirements
Page 143 of 148
•If the performance agreement is not signed within 60 days of receipt,
the grant will be rescinded, and you will need to reapply in the next
grant cycle.
Amendments-Monitoring & Accountability
Page 144 of 148
The following timeline outlines the key dates for the Thrive Business
Grant.
•Grant Launch: April 15, 2025
•Grant Application Deadline: June 15, 2025
•EDC Review: July 2025
•EDC Approval: July 2025
•Town Council Approval: August 2025
•Performance Agreements Signed by Business: September 2025
•Performance Agreements Signed by EDC: October 2025
Amendments-Timeline
Page 145 of 148
•Project Start: October 2025
•Project Completion Deadline: October 2026
The total duration of the grant process, from application launch to
project completion, is approximately 1.5 years.
Amendments-Timeline
Page 146 of 148
Questions?
Page 147 of 148
social media | email | website
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