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Minutes TC 11/13/2014MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Thursday, November 13, 2014 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Thursday, November 13, 2014. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Patricia Adams Town Attorney Tammy Ard Town Secretary April Reiling PIO/Marketing Manager Patrick Arata Police Chief Danny Thomas Fire Chief Matt Jones Senior Planner Mike Pastor Information Technology Director Mayor Sanders announced the date of Thursday, November 13, 2014 called the Town Council to order and announced a quorum at 6:02 p.m. CONVENE INTO REGULAR SESSION - START TIME— 6:02 P.M. The Invocation was offered by Jim Thomas. The Pledges were led by Chief Thomas. 1. Consider and take appropriate action regarding an Ordinance of the Town canvassing the returns and declaring the results of the Special Election held on November 4, 2014, as such returns relate to the election of One (1) Council member to Place No. 4 on the Trophy Club Town Council to fill a vacancy for the remainder of an unexpired term; providing for the confirmation of vote tabulations; identifying the elected official and term of office; authorizing the issuance of a certificate of election; authorizing the issuance of the Canvass of the Special Election; and providing an effective date. Motion made by Council Member Shoffner, seconded by Mayor Pro Tern Lamont, to approve Ordinance 2014-35 canvassing the returns and declaring the results of the Special Election held on November 4, 2014, as such returns relate to the election of One (1) Council member to Place No. 4 on the Trophy Club Town Council to fill a vacancy for the remainder of an unexpired term; providing for the confirmation of vote tabulations; identifying Tim Kurtz and term expiring May 2015; authorizing the issuance of a certificate of election; authorizing the issuance of the Canvass of the Special Election; effective immediately. November 13, 2014 Minutes Page 1 of 83 Motion passed unanimously. Attachment A — Executed Ordinance 2014-35 2. Oath of Office to be administered by Municipal Court Judge, Mark Chambers, and presentation of Certificate of election from Judge Mark Chambers to incoming Council Member. Attachment B — Oath of Office — Tim Kurtz Attachment C — Statement of Appointed Officer — Tim Kurtz Attachment D — Certificate of Election — Tim Kurtz 3. Remarks to and from incoming Council Member Tim Kurtz. COUNCIL RECESSED — 6:10 P.M. CONVENE INTO WORKSHOP SESSION START TIME — 6:15 P. M. COUNCIL RECESSED — 6:32 P.M. SPECIAL SESSION JOINT MEETING WITH TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 ESTIMATED START TIME - 6:30 P.M. TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Patricia Adams Town Attorney Tammy Ard Town Secretary April Reiling PIO/Marketing Manager Patrick Arata Police Chief Danny Thomas Fire Chief Matt Jones Senior Planner Mike Pastor Information Technology Director TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD MEMBERS PRESENT: Jim Moss President Jim Hase Vice President Kevin Carr Secretary/Treasurer Jim Thomas Director Neil Twomey Director TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 STAFF PRESENT: Jennifer McKnight District Manager Laurie Slaght District Secretary Pam Liston District Attorney November 13, 2014 Minutes Page 2 of 83 CONVENE INTO JOINT SESSION -START TIME — 6.36 P.M. President Moss asked Mayor Sanders to be the presiding officer over the joint meeting. 4. Consider and take appropriate action regarding future planning for water and wastewater infrastructure and services including Trophy Club Municipal Utility District No. 1 and Town owned buildings and facilities located within the Trophy Club Municipal Utility District No. 1 district boundaries, including discussion of the terms of an Interlocal agreement. Mayor Sanders explained he asked for this item to be placed on the agenda as the Town is planning for a new Town Hall/PD facility (Trophy Club Town Center) and the Town plans to issue bonds to fund the development and the ownership of infrastructure. The Council and Trophy Club Municipal Utility District No. 1 Directors discussed various options, including what would happen if Tax Increment Reinvestment Zone (TIRZ) funds were used to pay for infrastructure, or, if the developer funded the infrastructure. There are no plans for Trophy Club Town Center at this time, but in the future the two entities would work together if plans were brought forward. Discussion only, no action taken. Consider and take appropriate action regarding disposition of all shared information technology assets jointly owned by Town and Trophy Club Municipal Utility District No. 1. Trophy Club Municipal Utility District No. 1 is working on separating from the previously shared information technology assets with the Town. The Council and Trophy Club Municipal Utility District No. 1 Board reviewed a spreadsheet of shared Town/ Trophy Club Municipal Utility District No. 1 hardware and software. A subcommittee of the Town and Trophy Club Municipal Utility District No. 1 has agreed upon what assets each organization would like to keep, and will divide the revenues equally from auctioning the assets that neither organization claims. Attachment E —All shared Hardware **MUD Director Thomas made a motion seconded by Director Twomey to divide the shared hardware cost total cost is $39,213 divided in half $19,606.50. Motion Passed unanimously by Trophy Club Municipal Utility District No. 1. Original Motion Motion made by Mayor Pro Tern Lamont seconded by Council Member Reed to pay $10,000 to Trophy Club Municipal Utility District No. 1 to buy the hardware and software listed. Amended Motion Motion made by Council Member Reed seconded by Council Member Parrow to pay a total of $19,606 to Trophy Club Municipal Utility District No. 1 to buy the hardware and software listed. Council Member Reed amended his amended motion and Council Member Parrow agreed to amend the amended motion to pay a total of $30,857 ($19,606 for hardware and $11,251 for software) to buy the hardware and software listed from Trophy Club Municipal Utility District No. 1. Substitute Motion Motion made by Council Member Kurtz seconded by Council Member Reed to pay $19,606 to the Trophy Club Municipal Utility District No. 1 for the hardware listed. Motion carried 6-1-0 with Mayor Sanders, Council Member Reed, Council Member Parrow, Council Member Kurtz, Council Member Shoffner and Council Member Rowe voting for and Mayor Pro Tem Lamont voting against. **Motion previously passed unanimously by Trophy Club Municipal Utility District No. 1. November 13, 2014 Minutes Page 3 of 83 Motion made by Director Thomas seconded by President Moss to establish a price of $8,710 for software. Motion failed for lack of majority 1-4-0 with Director Thomas voting for and President Moss, Director Carr, Director Hose and Director Twomey voting against. Motion made by Director Carr seconded by Director Twomey to request the IT subcommittee to discuss and jointly reach an acceptable buyout offer for the shared software and bring that agreed upon amount back to their respective Board and Council. Motion Passed unanimously by Trophy Club Municipal Utility District No. 1. Motion made by Mayor Pro Tern Lamont seconded by Mayor Sanders we offer $0.00 for the software to Trophy Club Municipal Utility District No. 1. Motion failed 1-6-0 with Mayor Pro Tern Lamont voting for and Mayor Sanders, Council Member Reed, Council Member Parrow, Council Member Kurtz, Council Member Shoffner and Council Member Rowe voting against. Motion made by Mayor Sanders seconded by Council Member Shoffner to continue the IT subcommittee to discuss and jointly reach an acceptable dollar amount for software. Motion passed unanimously. COUNCIL RECESSED — 8:02 P.M. RECONVENE INTO REGULAR SESSION - START TIME — 8:12 P.M. PUBLIC HEARING Public hearing on a zoning change and proposed amendment to Ordinance No. 2007-15, the same amending Ordinance No. 2000-06, the Town's Comprehensive Zoning Ordinance, by creating PD Planned Development NO. 27, in order to increase the acreage of Neighborhood 4, the Isle of Turnberry by an approximate 0.638 acres currently zoned "CR" - Commercial Recreation to "PD-27" - Planned Development No. 27, providing that all regulations governing PD No. 27 which are not expressly repealed shall remain in effect; providing for amendments to Exhibit "B" Development Standards, providing for the incorporation of Exhibit "A-1" to increase the acreage of PD No. 27; providing a penalty for violations; and providing an effective date. Attachment F — Executed Ordinance 2014-36 P&Z Conduct a public hearing regarding a request for approval of a residential replat for The Highlands at Trophy Club, Neighborhood 4, The Isle of Turnberry, Lots 1-16, Block A, and Common Areas 1-4, an addition to the Town of Trophy Club, Denton County, Texas. Located at the 2100 Block of Veranda Avenue. CONVENE INTO PUBLIC HEARING - START TIME — 8:20 P.M. PUBLIC HEARING - END TIME — 8:22 P.M. Public Hearing opened and closed with no speakers. RECONVENE INTO REGULAR SESSION - START TIME — 8:22 P.M. WORKSHOP SESSION (Workshop items 8, 9 & 10 moved prior to joint meeting with Trophy Club Municipal Utility District No. 1) Discussion of agenda items posted for consideration on the Regular Session Council Agenda for November 13, 2014. November 13, 2014 Minutes Page 4 of 83 9. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the November 25, 2014 meeting. 10. Discussion of items from future agenda list: A. Discussion regarding animal shelter long and short term facility. (11/18/2013) Council would like to task the Animal Shelter Advisory Board with bringing back options for a long term and short term facility and present feedback to Council. Options might include building a new facility, attaching the shelter to the future police station or contracting out the service. Also look into potential partnerships with other agencies. B. Consider and take appropriate action regarding placing BNHS State Championship recognition on elevated water storage tank. (Sanders 5/19/2014) This item will be removed from future agenda items. Council would like to look into monument signage as an alternative to painting on elevated water storage tanks. C. Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) Council directed staff to look into ordinances regarding town homes, condos and apartments in Town, and examine possible ordinances to address issues such as safety, aesthetics and occupancy. D. Review Trophy Club Handbook for Elected and Appointed Officials - Term Limits and other related topics. (Rowe 7/22/2014) Council would like to review the entire Handbook for Elected and Appointed Officials in a future workshop. 11. Review and discussion regarding maintenance of Street Lights within the Town, including outages and other maintenance and operational issues. (Workshop agenda item #11 was discussed prior to the public hearing.) Town Manager Slye updated the Council regarding the number of street lights that were out (25 total), and Oncor has been in town correcting the issue. Residents can also report street light outages through Oncor, with a link available on the town website. The Police Department will continue on a quarterly basis to check street lights in town and report outages. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. No citizens addressed the Council. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 12. Consider and take appropriate action regarding the minutes dated September 9, 2014. November 13, 2014 Minutes Page 5 of 83 13. Consider and take appropriate action regarding the minutes dated October 28, 2014. 14. Consider and take appropriate action regarding financial and variance report dated October 2014. 15. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Denton County for Public Safety Application and Maintenance Support; and authorizing the Mayor or his designee to execute all necessary documents. (For PD) Attachment G — Executed Interlocal Agreement between the Town and Denton County for Public Safety Application and Maintenance Support 16. Consider and take appropriate action regarding an agreement between the Town of Trophy Club and Blue Emergency Services Team Emergency Medical Services (BEST EMS) for Medical Director for operations in Emergency Medical Services; and authorizing the Mayor or his designee to execute all necessary documents. Attachment H — Executed agreement between the Town of Trophy Club and Blue Emergency Services Team Emergency Medical Services (BEST EMS) for Medical Director for operations in Emergency Medical Services 17. Consider and take appropriate action to approve a Resolution providing written consent of the Town for the annexation of a 4.516 acre tract of land located between Parkview Drive and Trophy Club Drive at Bobcat Boulevard, at the request of Savi Management Company seeking approval from the Town Council to petition the Municipal Utility District for annexation into the MUD for fire services and in -district water and wastewater services; and providing an effective date. Attachment I — Executed Resolution 2014-47 Council Member Shoffner requested to remove agenda items 12 & 13 from the consent agenda. Motion made by Council Member Parrow, seconded by Mayor Pro Tern Lamont, to approve the Consent items 14, 15, 16 & 17. Motion passed unanimously. Motion made by Council Member Shoffner seconded by Mayor Pro Tern Lamont to table agenda item 12 minutes dated September 9, 2014 until our next scheduled meeting with the stipulation that we be provided a copy of the signed Interlocal Agreement between the Town and Northwest Independent School District from item 5 (Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer/Absent Student Assistance Program services for Fiscal Year 2014-2015) and be placed in the record. Motion passed unanimously. Motion made by Council Member Shoffner seconded by Mayor Pro Tern Lamont to table agenda item 13 minutes dated October 28, 2014 until our next scheduled meeting with the stipulation that we be provided a copy of the: • Nomination that was sent to Denton County from agenda item 17 • the letter of intent that was sent to the Methodist Church from agenda item 23 and both items be placed in the record. Motion passed unanimously. REGULAR SESSION 18. Presentation of a Proclamation declaring November 23-29, 2014 as Childhood Cancer Awareness Week. Attachment J — Proclamation 2014-12 November 13, 2014 Minutes Page 6 of 83 Council Member Parrow read Proclamation 2014-12 declaring November 23-29, 2014 as Childhood Cancer Awareness Week. Motion made by Council Member Parrow, seconded by Council Member Shoffner, to approve Proclamation 2014- 12 declaring November 23-29, 2014 as Childhood Cancer Awareness Week. Motion passed unanimously. 19. Consider and take appropriate action regarding a zoning change and proposed amendment to Ordinance No. 2007-15, the same amending Ordinance No. 2000-06, the Town's Comprehensive Zoning Ordinance, by creating PD Planned Development NO. 27, in order to increase the acreage of Neighborhood 4, the Isle of Turnberry by an approximate 0.638 acres currently zoned "CR" - Commercial Recreation to "PD-27" - Planned Development No. 27, providing that all regulations governing PD No. 27 which are not expressly repealed shall remain in effect; providing for amendments to Exhibit "B" Development Standards, providing for the incorporation of Exhibit "A-1" to increase the acreage of PD No. 27; providing a penalty for violations; and providing an effective date. (Agenda item 19 moved prior agenda item 18) Planning and Zoning Commission Chairman Sheridan spoke on behalf of the Planning and Zoning Commission providing an update on this item. Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve Ordinance 2014-36 an Ordinance of the Town of Trophy Club, Texas amending Ordinance No. 2007-15 P&Z, the same having amending Ordinance No. 2000-06 P&Z of the Town, the Town's Comprehensive Zoning Ordinance, and having amended the official zoning map of the Town by adopting this Ordinance to reflect changes to the boundaries of PD Planned Development NO. 27 to increase the size of the area of land designated as Neighborhood 4, by a total of approximate 0.638 acres formerly zoned "CR" - Commercial Recreation as more fully set forth below in Exhibit "A- 1" which will increase the total acreage of PD No. 27 from 696.9 acres to 697.538 acres. Motion passed unanimously. 20. Consider and take appropriate action regarding a request for approval of a residential replat for The Highlands at Trophy Club, Neighborhood 4, The Isle of Turnberry, Lots 1-16, Block A, and Common areas 1-4, an addition to the Town of Trophy Club, Denton County, Texas. Located at the 2100 Block of Veranda Avenue. (Agenda item 20 moved prior agenda item #18 and after agenda item 19) Motion made by Council Member Shoff ner, seconded by Council Member Rowe, to approve a residential replat for The Highlands at Trophy Club, Neighborhood 4, The Isle of Turnberry, Lots 1-16, Block A, and Common areas 1-4, an addition to the Town of Trophy Club, Denton County, Texas. Located at the 2100 Block of Veranda Avenue. Motion passed unanimously. 21. Consider and take appropriate action regarding the establishment of a policy setting the frequency of Internet/Online and Paper updates to the Code of Ordinances of the Town. Town Manger Slye noted the cost is $20.00 per page with a typical annual cost of updates is approximately $2,000 per year or $400 monthly. With this service, we can keep the online Code current on a monthly basis, and printed supplements would be prepared quarterly. Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to direct staff to establish a policy setting the frequency of Internet/Online and Paper updates to the Code of Ordinances of the Town in accordance with the option presented here in the staff report including the monthly internet updates. Motion passed unanimously. November 13, 2014 Minutes Page 7 of 83 22. Consider and take appropriate action providing direction to Staff regarding the repeal or amendment of Ordinance No. 2014-19 creating Tax Increment Reinvestment Zone No. Two, Town of Trophy Club, Texas (TIRZ No. 2) and/or reducing, redrawing or otherwise altering the boundaries of TIRZ No. 2. Council discussed the pros and cons of Tax Increment Reinvestment Zone No. Two. Motion made by Mayor Pro Tern Lamont, seconded by Council Member Rowe, to repeal Ordinance No. 2014-19 creating Tax Increment Reinvestment Zone No. Two. Motion carried 5-2-0 with Mayor Pro Tern Lamont, Council Member Reed, Council Member Rowe and Council Member Kurtz, voting for and Mayor Sanders and Council Member Parrow voting against. 23. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2013-30 and adopting a new resolution making annual appointments of citizens to serve on the Zoning Board of Adjustment (ZBA) and reaffirming existing appointments; and providing an effective date. Zoning Board of Adjustment 1. Robert Radder (2016) *newly appointed 4. Joe Hennig (2015) 2. Michael Biggs (2016) *newly appointed 5. Lou Opipare (2015) 3. Patia Boomsma (2015) Alt. John Arnott Sr (2015) *newly appointed Alt. Jeffrey Beach (2015) *newly appointed Alt. Flake Diane Barber (2015) *newly appointed Alt. Candice Vogt (2015) *newly appointed Attachment K— Updated Staff Report regarding ZBA Appointments (presented at the dais) Attachment L — Executed Resolution 2014-45 Motion made by Council Member Rowe, seconded by Mayor Pro Tern Lamont, to approve Resolution 2014-45 appointing Robert Radder (#1 expiring 2016) Michael Biggs (#2 expiring 2016) and appointing alternates of John Arnott Sr. (expiring 2015) Flake Diane Barber (expiring 2015) Jeffrey Beach (expiring 2015) and Candice Vogt (expiring 2015) to serve on the Zoning Board of Adjustment and reaffirming existing appointments effective immediately. Motion passed unanimously. Motion made by Council Member Row to reconsider previous motion seconded by Council Member Parrow. Motion passed unanimously. Motion made by Council Member Rowe, seconded by Council Member Parrow, to approve Resolution 2014-45 appointing Robert Radder (#1 expiring 2016) Michael Biggs (#2 expiring 2016) and appointing alternates of John Arnott Sr. (expiring 2015) Flake Diane Barber (expiring 2015) Jeffrey Beach (expiring 2015) and Candice Vogt (expiring 2015) and naming Robert Radder as the chair and reaffirming existing appointments effective immediately. Motion passed unanimously. 24. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-30 appointing citizens to serve on the Citizens Financial Advisory Board (CFAB) and adopting a new resolution to fill a vacancy in an existing seat and to reaffirm existing appointments to the CFAB; and providing an effective date. (Agenda item 24 moved prior to agenda item 23) November 13, 2014 Minutes Page 8 of 83 Citizen Financial Advisory Board 1. Mike Buck (2016) 5. Kathy Carlton (2015) 2. Neil Justice (2016) *newly appointed 6. Constance "Connie" Edwards (2017) 3. Ralph Reed (2017) 7. Roger Williams (2017) 4. Robert Hillman (2017) *newly appointed Attachment x —Resolution 2014-46 Motion made by Council Member Shoffner, seconded by Council Member Parrow, to approve Resolution 2014-46 appointing Neil Justice (# 2 expiring 2016), Robert Hillman (# 4 expiring 2017) and reaffirming existing appointments to the CFAB. Motion carried 6-0-0 with Mayor Sanders, Mayor Pro Tern Lamont, Council Member Parrow, Council Member Rowe, and Council Member Shoffner, voting for and Council Member Reed abstaining. 25. Consider and take appropriate action on the Citizens Financial Advisory Boards Recommendation regarding the Texas Municipal Retirement System. (Agenda item 25 moved prior to agenda item 23 but after agenda item 24) Kathy Carlton, Vice Chair of the Citizens Financial Advisory Board CFAB provided an overview of the board's recommendation regarding the Texas Municipal Retirement System. On October 16t" CFAB met with Anthony Mills with TMRS regarding the Town's TMRS retirement package. Retirement annuity is currently set at 70% of the current Cost of Living Adjustment (COLA) rate, and the Town could reduce unfunded liability if the annuity rate provided by the Town was decreased. CFAB recommends the annuity contribution rate decrease from 70% to 50% in order reduce unfunded liability. Additionally, CFAB recommends that the Council revisit this issue annually during the budget process to set the COLA each year. Main Motion Motion made by Mayor Pro Tern Lamont, seconded by Council Member Rowe, to go with plan provision number two with a 30% repeating annuity. Amended motion Motion made by Mayor Sanders to go with a plan provision of 50% repeating annuity. Motion failed for lack of a second. Main motion Motion carried 5-2-0 with Mayor Pro Tern Lamont, Council Member Parrow, Council Member Reed, Council Member Kurtz and Council Member Rowe voting for and Mayor Sanders and Council Member Shoffner voting against. 26. Town Council Liaison Updates; discussion of same. • EDC 4B - Monday, November 3, 2014 Council Liaison - Council Member Rowe • Citizens Financial Advisory Board - Thursday, October 30, 2014 Council Liaison - Mayor Pro Tem Lamont No action taken, update only. 27. Town Manager Slye's update regarding the following; discussion and provide input regarding same. • Cell Phones • Parks and Recreation Update November 13, 2014 Minutes Page 9 of 83 o Beck Elementary Fence Repair o Dino Playground Grand Opening -November 22nd • Trophy Club Magazine timeline • Indian Creek Rehab Update • Website search capability • Low Cost Pet Vaccine Town Manager Slye updated the Council and addressed questions; no action taken, update only. 28. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. Items removed from 'Town Council Future Agenda Items List' as a result of agenda items on the October 28th agenda: Residential Property Renewal for tax incentives and grants for the recovery and renewal of existing residential properties (Rowe 8/12/2014) Consider and take appropriate action regarding giving direction to CFAB. (Sanders 7/22/2014) No changes were made to the list. EXECUTIVE SESSION 29. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Potential sites for the location of anew Police and Town Hall Facility and related negotiations CONVENE INTO EXECUTIVE SESSION - START TIME —10:03 P.M. RECONVENE INTO REGULAR SESSION - START TIME —10.41 P.M. RECONVENE INTO REGULAR SESSION 30. Consider and take appropriate action regarding the Executive Session. No action taken. ADJOURN Motig6 ade by Council Member unaffirncy6sly. Meeting adjpyned at TamJny,Ard, Tq+(�vr�Secretary To f Tror - ub, Texas seconded by Mayor Pro Tern Lamont, to adjourn. Motion carried p.m. / <� C. Nick Sanders, Mayor Town of Trophy Club, Texas November 13, 2014 Minutes Page 10 of 83 ATTACHMENT A Executed Ordinance 2014-35 November 13, 2014 Minutes Page 11 of 83 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2014-35 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, CANVASSING THE RETURNS, INCLUDING THE RETURNS OF EARLY VOTING BALLOTS CAST IN CONNECTION THEREWITH, AND DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON NOVEMBER 4, 2014, AS SUCH RETURNS RELATE TO THE ELECTION OF (1) COUNCIL MEMBER TO PLACE NO. 4 ON TROPHY CLUB TOWN COUNCIL; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE CONFIRMATION OF VOTE TABULATIONS; IDENTIFYING THE OFFICIAL ELECTED AND TERM OF OFFICE; AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF ELECTION; AUTHORIZING THE ISSUANCE OF THE CANVASS OF THE SPECIAL ELECTION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about August 12, 2014 the Town Council of the Town of Trophy Club, Texas (the "Town") passed and approved Ordinance No. 2014-23 ordering a Special Election to elect one (1) Council Member to serve in Place No. 4 on the Town Council in order to fill a vacancy for the remainder of an unexpired term; and WHEREAS, Ordinance No. 2014-23 also ordered the appointment of a Presiding Election Judge and an Alternate Presiding Election Judge for the purpose of conducting such election; and WHEREAS, the appropriate authority of the Town heretofore caused to be posted and published, in accordance with the election laws of the State of Texas, notice of the Special Election; and WHEREAS, it appears that a total of 2,595 (Tarrant County 99 Denton County 2,496) votes were cast in such election; and WHEREAS, the Special Election was duly and legally held on November 4, 2014 in the Town and in conformity with the election laws of the State of Texas, and the results of the Special Election, including the early voting results, have been certified and returned to the proper judges and clerks thereof; and WHEREAS, the official returns of the presiding judges of the Special Election, including the returns of early voting ballots in connection therewith, as such returns are related to the election of one (1) Council Member to Place No. 4 on the Trophy Club Town Council, have been presented to the Town Council acting in its capacity as the Canvassing Board for the Special Election; and ORD 2014-35 Page 1 of 4 November 13, 2014 Minutes Page 12 of 83 WHEREAS, the Town Council has considered the returns of the Special Election as related to the election of one (1) Council Member to Place No. 4 on the Trophy Club Town Council, including the returns of early voting ballots cast in connection therewith; and WHEREAS, the returns of the Special Election, including the returns of the early voting ballots, duly and legally made, showed that each candidate for the office of Town Council member for Place No. 4 received the following votes: TOWN COUNCIL MEMBER FOR PLACE NO. 4 ON THE TROPHY CLUB COUNCIL FOR A TERM EXPIRING MAY 2015 TOTAL NUMBER TOTAL NUMBER NAME OF TOTAL NUMBER OF VOTES OF VOTES CANDIDATE OF EARLY VOTING RECEIVED AT RECEIVED VOTES RECEIVED POLL ON (Totals reflects 70 ELECTION DAY Absentee Votes Tarrant County 2; Denton County 68) Jeanne Buck 401 287 706 Tarrant County 12 Tarrant County 11 Tarrant County 24 Denton County 389 Denton County 276 Denton County 682 Absentee Votes Tarrant County 1; Denton County 17 Timothy Kurtz 859 523 1,411 Tarrant County 34 Tarrant County 16 Tarrant County 50 Denton County 825 Denton County 507 Denton County 1,361 Absentee Votes Tarrant County 0, Denton County 29 Gregory Wilson 295 160 478 Tarrant County 19 Tarrant County 5 Tarrant County 25 Denton County 276 Denton County 155 Denton County 453 Absentee Votes Tarrant County 1; Denton County 22 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of Premises. The above and foregoing premises are true and correct and are incorporated into the body of this Ordinance and made a part hereof for all purposes. Section 2. Confirmation of Vote Tabulations. The results of the Special Election, as related to the election of one (1) Council Member to Place No. 4 on the Trophy Club Town Council for a term of office expiring upon the canvassing of the May, 2015 election, and as canvassed and tabulated above, reflect the expressed desires of the resident, qualified voters of the Town. ORD 2014-35 Page 2 of 4 November 13, 2014 Minutes Page 13 of 83 Section 3. Elected Officials; Terms of Office. In accordance with the canvass and tabulation of the results of the Special Election, the duly elected Council Member for Place No. 4 elected on November 4, 2014, and the corresponding term of office, subject to the taking of the oath of office as required by State Law, is as follows: OFFICE TERM NAME Council Member, Place 4 Expiring May 2015 Tim Kurtz Section 4. Issuance of Certificate of Election. The Mayor is hereby authorized and directed to execute and deliver a Certificate of Election to the successful candidate elected at the Special Election, as specified in Section 3 hereof. Section 5. Issuance of Canvass of Special Election. The Mayor is hereby authorized and directed to execute and deliver the Canvass of the Special Election, a copy of which is attached hereto as Exhibit "A", in accordance with the election laws of the State of Texas, and to take all other action necessary in connection therewith. Section 6. Engrossment and Enrollment. The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as required in the Town Charter. Section 7. Effective Date. This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 13th day of November, 2014. Y Fown Secretary by Club, Texas 6 C. Nick Sanders, Mayor Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2014-35 Page 3 of 4 November 13, 2014 Minutes Page 14 of 83 Exhibit A TOWN OF TROPHY CLUB, TEXAS CANVASS OF SPECIAL ELECTION I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding Officer of the Canvassing Authority of the Town, met on 13th day of November, 2014 with the Town Council of the Town, sitting as the Canvassing Board to canvass the returns of the Special Election held on November 4, 2014, at the Trophy Club Town Hall Building, 100 Municipal Drive, Trophy Club, Texas, as such returns related to the election of one (1) Council Member to the Town Council for Place No. 4 for the remainder of an unexpired term. I DO HEREBY CERTIFY that the figures on the tally sheets correspond with the figures on the returns. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Trophy Club, Texas to be affixed hereto, this the 13th day of November, 2014. -& 5� - Mayor and Presiding Officer of the Canvassing Authority Trophy Club, Texas ORD 2014-35 Page 4 of 4 November 13, 2014 Minutes Page 15 of 83 E a It 0 is 0 v T 0 N T T r O N d' O L m .Q E O Z M cn Z iE O O� W T ICJ O o N a q T 0) V! iII = a M C R V U �O C 0 U c ca L L c4 0 0 00 0 0 0 0 o_ o_ u n v =- w m o O -d m m O _ Q _ m o N U o 0 0 C N � N N N C _ N LO U FO.. v o LO C U N In N � N 0 0 0 M O (MO Y O to C C) LO O 2 W 0 0 0 V M N W cN N T N V m W LL o 0 0 d (D O O O O O c)`o > Lo d N c 7 O d U N M T Q a 0 F 0 3 O G Lq r; M n CO o V 0) O r� O M � II O O O T � O LO t T C0 .. y N ? % U_ O F- N cu w v F- E `m F- d E E o Z C A U E 'O p � I— Z U C G C c0 O V O O m c CDM m O co m ir) 0 0 0 co O ( o CDM N (D m C U M N Cl d a M N N � N � O !n > 0 0 o a c0 M O V O (D V O n CO M � N O U') O O m t0 M m C O C O a,CD a 0 0 0 O O M O O M y O M U N O C_ O d N O a r v d c 0 O U a aLi 0 >O > V) N N N U > V U o Q O O CD O O C O O d' CC] N LO CDO N N O O m L O O C _ O O O_ O U CK C Cn U U � C 0.. U U 41 r.. O N 4 O C O N c > Z a 0.0 Q. W d O (D N E Q1 L d U � .� E 7 d U o = 4* CL r O� L N H I4- O 3 w c O = O U O C d 0 0 Cl) L o co N II 4 d' M II Cl) CA O O OD N O v- N O C7 .- O N L N It Cl) N Q w E o 3 Z .8 a m E 6 3 f- Z 0 o c o 0 0° M (Lq I V Cl) � h V CO 1- O N N (n — I- N Cl) � O CD M V m V N 0 0 0 C 0 0 V O (N � O VN m C,N N ( n r- O Cl) O (f) N 1n - M O) m 0 0 0 0 0 0 _ h N � M N (n O m O V CD W c0 m O CD N (n — Ih N m In (D O O V c0 N 1- Cl) co N m V co M Cl (n uo O (D M to N CV N V M N N ((DD M T N lqt L — QAAi cu .0c 13 G m O O C Z L O O j Q N� W I.L V •V rr1dn� LV a L m U � >, O m Z CL LLQ T 1� O N O C O C O U C O C a) 0 0 Mcq N II � Cl) II m O CDcq � N 0 - O -O N O N LO C4 � O 47 O > > U a 0 0 0 1-., 0 0 �co O N c0 O n C? N O N" 0? r O N 'CO N W - i2 N V N o oo ch 0 0 0 0 0 0 M 01 c0 c0 O N m M O co O (D O) O O) N O N u7 - I- N LL7 c0 It O O m O In O co a w E `m E- E d K c 0 0 0 0 0 0 N co O N O c0 (D O N M O O N o2 to O N (D LO M V O LO o o cD 27 M 000 O) c0 co � co V CO co o O o N O N7 � N M co O co a) C) (6 0- 0 N ri E 0 0 z r N 0 v m T N II � d Cl) II Q) (0 O � ,� N 0 o m N p N U �} Cl) T � O � U w- 'C O N N 0 o 7 a)T Z @ E a o m F- Z D 0 U. .a, > 0 0 0 0 0 0 to 4- m O N (D fl O O M co to O O O N Un h N M to O O N 'o7 0 0 0 0 0 0 CO N O N O CO A M N O h m (D (n i-: O N N V) I- N UO N t O co ID co (D 0 0 0 0 0 0 (D (D CO m O (D UO O Lo (D a0 W IDoD N n co O M (D O m N N E m N O c2 d CO N O 1 p N � N 0 m T Lo T O C Q O d � N U N U U � ,= a U U N . a- t5 E M Lf)� M CV I I M II Cl) o O O O � N r O w N O Cl) T O N Lrj N ,t M le d U a d E Cd G C 7 O U SIBIO.L UOSI!M /JO6aJ0 Wn)l w!1 3iane auueor C 0 0)O L E d � n. E- .O L t2 N O .Q1 > _ N O O N H m U C N O O iq U = l6 m m U W 0 � O N W m U C/ N C O tN N = m m U Q U C a` L CO co � "t N N '� CO CO to rn m v W ,M N V coo 0 0 LO It -IT N V n r- v 0 N f+J N N :7 It CO N C. g r ,�R co co co V U� ;O _N ch M @ V V 'F. Cl) co O O N N 0) co a_ ATTACHMENT B Oath of Office — Tim Kurtz November 13, 2014 Minutes Page 21 of 83 OATH OF OFFICE In the name and by the authority of THE STATE OF TEXAS I, Tim Kurtz do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Town Council Place 4, of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and the laws of the United States and of this State, so help me God. SWORN TO AND SUBSCRIBED before my by affiant on this 13th day of November, 2014. Signature of Person Administering Oath M"f9K`D.C-�1'4 �€ Printed Name y`"teJ---.si':oIJJajR �1�UD Cry Title November 13, 2014 Minutes Page 22 of 83 ATTACHMENT C Statement of Appointed Officer —Tim Kurtz November 13, 2014 Minutes Page 23 of 83 STATEMENT OF APPOINTED OFFICER (Pursuant to Texas Constitution Article XVI, sec. 1 (c), amended 2001) I, Tim Kurtz do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or confirmation thereof, so help me God. 1--.12 9!�� Tim Kurtz SWORN TO AND SUBSCRIBED before me by affiant on this 13th day of November, 2014. al - Signature of Person Authorized to Administer Oaths AAe-e- b . C14,41k A Fe- S Printed Name / D , !t%G (fi/ 2 e) &-�- Ca'Jg7 -j-u -D G r Title November 13, 2014 Minutes Page 24 of 83 ATTACHMENT D Certificate of Election —Tim Kurtz November 13, 2014 Minutes Page 25 of 83 CERTIFICATE OF ELECTION IN THE NAME AND BY THE AUTHORITY OF TOWN OF TROPHY CLUB, TEXAS C WN OF TROPHY CLUB THIS IS TO CERTIFY, THAT AT A SPECIAL ELECTION HELD ON November 4, 2014 Tim Kurtz WAS DULY ELECTED COUNCIL MEMBER IN TESTIMONY WHEREOF, I HAVE HEREUNTO SIGNED MY NAME AND CAUSED THE SEAL OF TROPHY CLUB, TEXAS TO BE AFFIXED, THIS THE 13th DAY OF NOVEMBER 2014. v C� Signature of Presiding Officer of Canvassing Authority ATTACHMENT E All shared Hardware November 13, 2014 Minutes Page 27 of 83 ;o w m 0 0 P 3 ------------------------------------------------------- moo .,00e�m og""�o oa a 0 w w w w w w w w w w w w w w w w w w w w w w w w w w w w ... w w w w w w w w w w w w w w w w w w w w w w w w w _ O J E E '. a w w w w w w w w w w w33 w w w w w wg3 w w w w w w w w w w w w w w w w w w w w w 0 w w o m w w w wg3 w33 wg3 w w w33 w w wg3 w w g3 33 g3 g3 g3 3} 33w 3 > > 2 `z c T, > ^O o � n w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w.w w w w w w w w w w w w w l'i > a 3 n F w w w w w w w w w w w w w w w w w w w w w w an w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w > a' w w w w w w w w w w w w w w 0 w w 0 o w w w w w w w w w w w w w w m w w m m w w w w w w w w w w o w w 0 0 w w o m w w w w w w w w m w 5 > 0 w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w > d w w w w w w w w w w w w w w rv$ w w g$ w w w w w w w w w w w w w w w w w w w w w w N w w w w o$ w w g w w o 0 w w o m w w w w w w w a z z z z z z z Z z z z z Z Z 2 Z Z Z Z Z Z Z z Z Z Z Z Z z Z Z Z z z z Z z Z z z z ... zz z z z z z z z z z z z 0 � z z Z T T Z z z Z z z z Z Z z z Z z z Z z Z Z Z z z Z z z Z z Z z Z z Z Z z z z z Z Z Z z Z z z z z Z z T T T a »> 2 z}> T y »} Y}! 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V} N N .A Vf D N a 0 U 6 N ¢ _ _ > Y o C U Q m N Z ¢ `a o +� " v O a H V ❑ 2 0 w ,n w a d o o� * v in v°1i N m -o `w v m 3 3 3= 0 3 a�� 3 0 o m 3�` �n .• , � m 7 h D• 6 0� O. N-- 3. C v 4 m 9 182, m m m x m u m m> M m" o> '> m w w ~ Y U N L m O '_^ Q v O a a a o o m¢ O V 2 V O tyi N F U vOi V x V Qw3 E . ,o u m >> :�� WZ w � zz r x a E x�x 000 o �w_oY vy aa x aa¢¢ aa o >> 3 QQ U a a � Q �U Q C W. W W rL W E V�i O p N rl N rl O ~ N� O Ih O M � Y1 tll 0 0� v1 ut 0� O V� 0 t1� int 0 0 N •-� W O N O O o > H in O in O �r M �n O M1 o m in �n O O �n in M O o do M O un Ln O O in Li N N W o o o o O N M N 'i �Il 00 l0 •i .i O rl O ei M N c�-I 0 o o o J O ak t7 O :k AV Equipment Item # Make MODEL SN Description Town MUD Shared Orignal Costs Depreciated Value 1 TOSHIBA 13A24 9443D2144D TV X $ 150 $ 2 MAGNAVOX 19MF33BB/27 AUTA0926002181 FLAT PANEL MONITOR X $ 250 $ 3 SYMETRIX 421M AGC- LEVELER 117VAC AUDIO MIXER X $ 550 $ 4 SAMSUNG SSC-1000 200406692X600060 VIDEO PTZ Controller X $ 975 $ 5 HOTRONIC AX-83q 2116 VIDEO SWITCHER X $ 1,500 $ - 6 SHURE D1074221 0907040572 WIRELESS MICROPHONE RECEIVER X $ 350 $ 7 HANNS HW191D 745GH3XY00999 FLAT PANEL MONITOR X $ , 125 $ 8 AVERKEY KOC3 833152050 VIDEO SWITCH (Not Used) X $ 350 9 LEIGHTRONIX LGX-ITBR-D lOY7000184 A/V RECORDER - DRIVE RAID X $ 1,000 $ 200 10 LEIGHTRONIX LGX-ITBR-D 1OY7000653 A/V RECORDER - DRIVE RAID X $ 1,000 $ 200 11 VIDEONICS MXPRO 504754 VIDEO SWITCH jNot Used) X $ 1,500 $ - 12 SHURE PGX14 0819050791 WIRELESS MICROPHONE RECEIVER X $ 500 $ 13 LEIGHTRONIX ULTRA NEXUS 2+2 OOEOFBO70AA2 A/V RECORDER - SERVER X $ 10,000 $ 14 CROWN XL5202 B023292 AUDIOAMP X $ 300 $ 15 LEIGHTRONIX PRPAIRV1.02 55559PD A/V SWITCHER REMOTE X $ 130 $ 16 APC BR150OLCD 361018X58593 UPS (BACKUP POWER) X $ 250 $ 17 KRAMER SX1-XGA VP-81N VIDEOSWITCH I X Is 500 $ 18 NEC VT660 3100338NA PROJECTOR(Nct Used) X $ 1,600 $ 19 TRIPPLITE SMART50ORTlU 9734ALCSM628400451 UPS (BACKUP POWER) X $ 500 20 MACKIE 1402-VLZ3 2033917AVCA0270 AUDIO MIXER Primary X $ 500 $ 100 21 MACKIE 1402-VLZB WK31003 AUDIO MIXER Backup (Not Used) X $ Soo $ 22 LEIGHTRONIX MINI -T-NET OOEOFBO20426 A/VSWITCHER(Not Used) X $ 1,100 $ 23 Da Lite N/A Projector Screen X $ 200 $ 24 Viewsonic Pro8500 Projector X $ 1,500 $ 600 25 Sharp Aquos - LC-70LE650 306854298 70"TV in boardroom X $ 2,500 $ 2,000 26 Samsung UN55FH6030FX2A Z72B3CXD803510N 55" TV in boardroom X 1 1$ 1,450 $ 1,160 27 Dell XPS-400 TC0078 AVI Computer X $ 300 $ - 28 Dell Latitude D830 TC0073 Podium Laptop (Backup) X $ 1,400 $ 29 Apple Apple TV N/A Apple TV X $ 100 $ 80 30 WePresent wips1000 1305FOIE942 Wireless Presentation X $ 500 $ 400 31 Shure Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ - 32 Shure Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ - 33 Shure Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ 34 Shure Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ 35 Shure Microflex MX418 d/c N/A Gooseneck Microphones It Is 250 $ 36 Shure Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ - 37 Shure Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ 38 Shure Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ - 39 Shure Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ - 40 IShur. Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ - 41 Shure Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ 42 Shure Microflex MX41B d/c N/A Gooseneck Microphones X $ 250 $ - 43 Shure Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ - 44 Shure Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ - 45 Shure Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ 46 Shure Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ - 47 Shure Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ - 48 Shure Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ - 49 Shure Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ 50 Shure Microflex MX418 d/c N/A Gooseneck Microphones X $ 250 $ - 51 Samsung PTZ Cameras PTZ Camera X $ 1,650 $ - 52 Samsung PTZ Cameras PTZ Camera X $ 1,650 $ - 53 Samsung PTZ Cameras PTZ Camera X $ 1,650 $ - 54 Samsung PTZ Cameras PTZ Camera X $ 1,650 $ 55 Shure SCM820 Autoleveler X $ 1,850 $ 1,110 56 Shure SCM320 Autoleveler X $ 1,850 $ 57 IShure SCM820 Autoleveler X $ 1,850 $ - 58 Altona AT-HDCAT-4 0070284213042400028 HD video switcher X $ 1,100 $ 880 59 Altona AT -Line -Pros Gent 0070270513080700038 Video switcher X $ 850 $ 680 60 Sony 5LV-D380P Unknown VHS and DVD player X $ 250 61 Omni Mount 19" Cabinet N/A 19" Rack for equipment X $ 550 $ 440 62 RTI Model XP6 620-2034492 Video switch Interface unit X $ 700 $ 560 63 RTI RK3-V Video switch wall mounted display X $ 700 $ 560 64 Pyle PDWM8700 lVHF Microphone (8 channels) X $ 200 $ 160 65 J8L Control Contractor 24C Ceiling Mounted Speakers X $ 250 66 JBL Control Contractor 24C Ceiling Mounted Speakers X $ 250 67 JJBL Control Contractor 24C ICeiling Mounted Speakers X $ 250 66 JJBL Contral Contractor 24C ICeiling Mounted Speakers X $ 250 " Does not include small switches, converters, cabling, etc. " November 13, 2014 Minutes Page 31 of 83 N D 7 C N O X N O cn CD N U U m C 7 CD U Ln u D7 C N N C E O) 'p O � U � � m � U O J DO U C E O 0 y N O N U N C C O- T G7 0 U O 9 v),V) c ¢ u m a� o m c c C) m `m > 0 0 N m 0 d¢ d d N N U f0 J OJ N U D N C D T 7 m 0 0 C m m m L O C O N m a 03 m m ATTACHMENT F Executed Ordinance 2014-36 P&Z November 13, 2014 Minutes Page 33 of 83 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2014-36 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2007-15 P&Z (PD PLANNED DEVELOPMENT DISTRICT NO. 27) THE SAME HAVING AMENDED 2000-06 P&Z OF THE TOWN, THE COMPREHENSIVE ZONING ORDINANCE, AND HAVING AMENDED THE OFFICIAL ZONING MAP OF THE TOWN, BY ADOPTING THIS ORDINANCE TO REFLECT CHANGES TO THE BOUNDARIES OF PD PLANNED DEVELOPMENT DISTRICT NO. 27 (PD NO. 27) TO INCREASE THE SIZE OF THE AREA OF LAND DESIGNATED AS NEIGHBORHOOD 4 BY A TOTAL OF 0.638 ACRES FORMALLY ZONED "CR"- COMMERCIAL RECREATION AS MORE FULLY SET FORTH BELOW IN EXHIBIT "A-1" WHICH WILL INCREASE THE TOTAL ACREAGE OF PD NO. 27 FROM 696.9 ACRES TO 697.538 ACRES; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FINDINGS; PROVIDING FOR AMENDMENTS TO SECTION I, "PROJECT LOCATION" AND SECTION V, "NEIGHBORHOOD REGULATIONS" OF EXHIBIT "B", "DEVELOPMENT STANDARDS" AND TO INCORPORATE EXHIBIT "A-1" ENTITLED "LEGAL DESCRIPTION NH 4 ADDITION"; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE SHALL AMEND ORDINANCE NO. 2007-15 P&Z AMENDING ORDINANCE NO. 2006-06 P&Z, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN AS MORE FULLY DESCRIBED BELOW; PROVIDING THAT THE ZONING REGULATIONS CONTAINED IN ORD. NO 2007-15 ARE APPLICABLE TO NEIGHBORHOOD 4 ("NH 4"), EXCEPT AS SPECIFICALLY AMENDED HEREBY; PROVIDING APPLICABLE REGULATIONS; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (PDAMD-14-043) WHEREAS, the Town of Trophy Club (hereinafter referred to as "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 Texas Local Government Code; and WHEREAS, the Town previously repealed Ordinance No. 2006-11 P&Z amending Ordinance No. 2000-06 P&Z by adopting Ordinance No. 2007-15 P&Z and creating PD Planned Development No. 27, known as The Highlands at Trophy Club (hereinafter "PD No. 27"); and WHEREAS, after the passage of Ordinance No. 2007-15 P&Z, the owner of the land zoned PD No. 27 (hereinafter referred to as "Land"), filed an application with the Town requesting various amendments to PD No. 27 in order to increase the acreage of Neighborhood 4 of PD No. 27 to allow for the addition of two (2) residential lots; and November 13, 2014 Minutes Page 34 of 83 WHEREAS, the increase to the land comprising Neighborhood 4 is more specifically described in Exhibit "A-l" formally zoned "CR" — Commercial Recreation, a copy of which is attached hereto and incorporated herein, and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to amend PD No. 27 came before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Ordinance No. 2007-15 as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered the proposed amendments and considered, among other things, the impact of the proposed amendments on density, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; and WHEREAS, the Town Council has determined that the proposed amendments to PD No. 27 as set forth herein are in accordance with the Town's Comprehensive Land Use Plan and other ordinances relating to land use and zoning; and WHEREAS, the Town Council has determined that there is a necessity for the amendments to Ordinance No. 2007-15 P&Z to be approved, and the Town Council has determined that this Ordinance No. 2014-36 P&Z amending Ordinance No. 2007-15 P&Z should be adopted, that the proposed change is consistent with the Comprehensive Land Use Plan, and that the terms of this Ordinance shall replace those terms contained in Ordinance No. 2007-15 P&Z that are in conflict with the amendments specifically set forth below; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. FINDINGS After due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance is consistent with the Comprehensive Land Use Plan and general zoning of the Town and in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and welfare. November 13, 2014 Minutes Page 35 of 83 SECTION 3. AMENDMENTS A Ordinance No. 2007-15 P&Z adopting PD Planned Development District No. 27 of the Town of Trophy Club and amending Ordinance No. 2000-06 P&Z, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended so that the following sections shall be and read in their its entirety as follows and the remaining provisions not expressly amended or repealed hereby shall remain in full force and effect: 1. Property Description - Exhibit "A-1": A legal description for three (3) separate tracts of land with a cumulative acreage of approximately 0.638 acres of land added to the area of PD Planned Development District No. 27 designated as Neighborhood 4 entitled "Legal Description NH 4 Addition" is attached hereto and incorporated into this Ordinance as Exhibit "A-1" (hereinafter "Exhibit "A-1"). Exhibit "A-l" contains three (3) legal descriptions and a diagram of the area designated as Neighborhood 4 on the Concept Plan for the Land as altered by the addition of the 0.638 acres (formerly zoned CR Commercial Recreation). The addition of 0.638 acres to PD Planned Development No. 27 shall increase the total acreage of PD No. 27 to 697.538 acres. 2. Development Standards: The zoning on the Land, more particularly described in Ordinance No. 2007-15 P&Z amending Ordinance No. 2000-06, the same being the Comprehensive Zoning Ordinance of the Town, is zoned as PD Planned Development District No. 27, consisting of approximately 697.538 acres of land, for use in accordance with the requirements of this Ordinance, and all other applicable ordinances, rules, and regulations of the Town. The development standards for PD Planned Development District No. 27 are set forth in Exhibit `B", entitled "Development Standards", a copy of which has been amended as set forth below and is attached hereto and incorporated herein (hereinafter Exhibit `B"). The following sections of Exhibit "B" are hereby amended as set forth below with all other provisions and terms of Exhibit `B" not expressly amended hereby remaining in full force and effect and all conflicting provisions being hereby repealed: a. Section I, entitled "Project Location" shall be amended so that the narrative under the map of PD-27 shall be and read in its entirety as follows: The Highlands at Trophy Club consists of approximately 697.538 acres of land generally to the north of Oakmont Drive, Oak Hill Drive and the Quorum Condominiums, east of the Lakes of Subdivision and Parkview Drive, south of the Corps of Engineer's property, and west of the Towns' eastern town limit. b. Subsection "d", entitled "Neighborhood 4" of Section "V" entitled "Neighborhood Regulations" is hereby repealed and a new Subsection "d" entitled "Neighborhood 4" of Section "V" entitled "Neighborhood Regulations" is hereby adopted and shall be and read in its entirety as follows: November 13, 2014 Minutes Page 36 of 83 Neighborhood 4: Neighborhood 4 shall include the following two (2) lot types: Lot Type 1 shall be located adjacent to the Golf Course and represent approximately 82 lots. Lot Type 2 — Approximately 104 lots. Add 0.638 acres to the area designated as Neighborhood 4 to add two (2) lots, each designated as Lot Type 1. Both new lots are located within the boundaries of Trophy Club Municipal Utility District No. 1 and are not subject to PID assessments. Total Number of Lots: 186 SECTION 4. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 5. ZONING MAP The Planning and Zoning Coordinator is hereby directed to mark and indicate on the official Zoning District Map of the Town the zoning change herein made. SECTION 6. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance or as specifically provided otherwise in this Ordinance. SECTION 7. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting regulations governing and regulating the zoning, platting, and subdivision of land which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. November 13, 2014 Minutes Page 37 of 83 SECTION 8. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 9. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day or part of a day during or on which a violation occurs or continues. SECTION 10. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code and Town Charter. SECTION 11. ENGROSSMENT & ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and applicable law. SECTION 12. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 131" day of November, 2014. C. Nick Sanders, Mayor Town of Trophy Club, Texas Effective Date: l 2 )-W/4 November 13, 2014 Minutes Page 38 of 83 ATTEST: YArd, ToAp Secretary of Troph lub, Texas APPROVED TO AS FORM: '+?] �j I 0-g2l,, Patricia A. Adams, Town Attorney Town of Trophy Club, Texas November 13, 2014 Minutes Page 39 of 83 ATTACHMENT G Executed Interlocal Agreement between the Town and Denton County for Public Safety Application and Maintenance Support November 13, 2014 Minutes Page 40 of 83 STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT FOR PUBLIC SAFETY APPLICATION SUPPORT AND MAINTENANCE This Interlocal Cooperation Agreement for Public Safety Application Support and Maintenance, hereinafter referred to as "Agreement", is made by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as the "County", and Name of Agency: Town of Trophy Club - Police Department ereinafter referred to as "Agency". WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County, Texas; and WHEREAS, Agency is duly organized and operating under the laws of the State of Texas engaged in the provision of municipal government and/or related services for the benefit of the citizens of Agency; and WHEREAS, County and Agency agree that the utilization of combined support and maintenance of public safety systems will be in the best interests of both County and Agency, WHEREAS, County and Agency desire to maximize the value in the utilized public safety applications to improve public safety and law enforcement throughout Denton County, WHEREAS, County and Agency mutually desire to be subject to the provisions of the hiterlocal Cooperation Act of the V.T.C.A. Government Code, Chapter 791; and NOW THEREFORE, County and Agency, for the mutual consideration hereinafter stated, agree and understand as follows: 1. PURPOSE. The Denton County Department of Technology Services has the resources to provide public safety application support service throughout Denton County. Agency wishes to utilize County's available public safety application support services ("Services") during the term of this agreement. 2. TERM OF AGREEMENT. The term of this Agreement shall be for a one year period beginning October 1, 2014 and ending on September 30, 2015. Agency may select the desired level of support (either Basic or Enhanced) for each team of Agreement. 3. TERMINATION OF AGREEMENT. Either party may terminate this agreement, with or without cause, after providing sixty (60) days written notice to the other party. Interlocal Cooperation Agreement for 2014-15 Page 'of 6 Public Safety Application Support and Maintenance November 13, 2014 Minutes Page 41 of 83 4. BASIC SUPPORT. Each Agency that participates in the Denton County Shared Governance Communications & Dispatch Services System shall be eligible to receive basic support (as defined in Exhibit "A" — Service Level Agreement) from County at no additional cost. 5. ENHANCED SUPPORT. Each Agency that participates in the Denton County Shared Governance Communications & Dispatch Services System shall be eligible to select optional enhanced support (as defined in Exhibit "A" — Service Level Agreement) from County. 5.1 If this Agreement is terminated prior to the expiration of the term of Agreement, County shall send a pro -rated refund of the optional enhanced support fees back to Agency based on the amount of time left on the original agreement term. 5.2 In the initial term of Agreement, Enhanced Support services will begin in January 2015 and will be pro -rated for 9 months of services. In future years the Enhanced Support services will begin in October. Before January 2015, participating agencies will automatically receive Basic Support services. 5.3. Agency shall pay to County the Total Amount more fully described on Exhibit "B". 6. SOFTWARE LICENSES AND MAINTENANCE. "Software" shall be defined as supported applications as described in Exhibit "A" — Service Level Agreement. Each Agency that participates in the Denton County Shared Governance Communications & Dispatch Services System shall be responsible for its own Software licenses and maintenance. 6.1. Agency is responsible for purchasing any new Software licenses required by Agency. 6.2. Agency is responsible for payment of all maintenance fees on Software currently in use by Agency. Payment may be made either directly to the software manufacturer or as a reimbursement to County for maintenance paid on Agency's behalf. Maintenance fees that are paid by County on behalf of Agency are described in Exhibit "B". County will work with Agency and software manufacturer to transfer Agency specific maintenance costs to bill directly to Agency (instead of billing to County and requiring reimbursement from Agency). 6.3 If this Agreement is terminated prior to the expiration of the term of Agreement, maintenance fees already paid to the software manufacturer are not eligible for refund. 7. COUNTY SERVICES AND RESPONSIBILITIES. County agrees to provide the following services and responsibilities: 7.1 County shall provide either Basic Support Services or Enhanced Support Services as more fully described on Exhibit "A" based on Agency's selection. 7.2 If applicable, County shall provide any mutually agreed Additional Agency Specific Services as more fully described on Exhibit "A". 7.3 County shall have the sole discretion as to the method of providing the Services and shall be the sole judge as to the most expeditious and effective manner of handling and responding to service requests. County will devote sufficient time to insure the performance of all duties and obligations set forth herein. Interlocal Cooperation Agreement for 2014-15 Page 2 of G Public Safety Application Support and Maintenance November 13, 2014 Minutes Page 42 of 83 8. AGENCY RESPONSIBILITIES. Agency agrees to the following responsibilities: 8.1 Furnish County with a current list of key contacts including an IT coordinator contact on page 1 of Exhibit "A". 8.2 Except as otherwise specifically provided by County Services and Responsibilities (in section 7 above), Agency is responsible for the costs and upgrades associated with maintaining all Agency computer equipment, network equipment, and software. 8.3 Agency agrees to abide by all laws of the United States and the State of Texas and all present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes. 8.4 Agency shall select the desired level of support (either Basic or Enhanced) on the signature page to this Agreement. 8.5 Agency is responsible for sending payments to County (Denton County Auditor, Attn: Public Safety Application Support & Maintenance, 401 W. Hickory St, Ste 423, Denton, TX 76201) as more fully described in Exhibit "B" to this Agreement within 30 calendar days of approval of Agreement. 9. AGREEMENT. The parties acknowledge they have read and understand and intend to be bound by the terms and conditions of this Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof. No prior understandings, whether verbal or written, between the parties or their agents are enforceable unless included in writing in this agreement. This Agreement may be amended only by written instrument signed by both parties. 10. AGREEMENT LIASONS. Each party to this agreement shall designate a Liaison to insure the performance of all duties and obligations of the parties. The Liaison for each party shall devote sufficient time and attention to the execution of said duties on behalf of the Party to ensure full compliance with the terms and conditions of this Agreement. 11. ASSIGNMENT. Neither party shall assign, transfer, or sub -contract any of its rights, burdens, duties, or obligations under this Agreement without the prior written permission of the other party to this Agreement. 12. AGENCY LIABILITY. Agency understands and agrees that Agency, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, or representatives of County. Agency shall not be required to indemnify nor defend County for any liability arising out of the wrongful acts of employees or agents of County to the extent allowed by Texas law. 13. COUNTY LIABILITY. County understands and agrees that County, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, or representatives of Agency. County shall not be required to indemnify nor defend Agency for any liability arising out of the wrongful acts of employees or agents of Agency to the extent allowed by Texas law. Interlocal Cooperation Agreement for 2014-15 page 3 of G Public Safety Application Support and Maintenance November 13, 2014 Minutes Page 43 of 83 14. DISPUTES/RECOURSE. County and Agency agree that any disputes or disagreements that may arise which are not resolved at the staff level by the parties should be referred to the Appointed Liaisons for each entity. Any further disputes arising from the failure of either Agency or County to perform shall be submitted to mediation, with the parties splitting the mediation fees equally. It is further agreed and understood that the scope of matters to be submitted to dispute mediation as referenced above is limited to disputes concerning sufficiency of performance and duty to pay or entitlement, if any, to any reduced fee or compensation. Any other disputes or conflicts involving damages or claimed remedies outside the scope of sufficiency of performance and compensation adjustment shall be referred to a court of competent jurisdiction in Denton County, Texas. 15. EXHIBITS. Attached hereto, and referred to elsewhere in this Agreement are the following Exhibits, which are hereby incorporated by reference. Exhibit A I Service Level Agreement v1.0 Exhibit B I Cost Schedule for Maintenance and Enhanced Support 16. MULTIPLE ORIGINALS. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 17. NOTICES. All notices, demands or other writings may be delivered by either party by U.S. First Class Mail or by other reliable courier to the parties at the following addresses: County: 1 Denton County Judge Denton County Commissioners Court 110 West Hickory, Room #207 Denton Texas 76201 2 Chief Information Officer (CIO) Denton County Technology Services 701 Kimberly Drive, Suite 285 Denton Texas 76208 3 Assistant District Attorney Denton County Criminal District Attorney's Office 1450 E. McKinney Street, 3�d Floor PO Box 2344 Denton Texas 76202 Name of Agency: Contact Person Address City, State, Zip Telephone Town of Trophy Club Patrick Arata, Police Chief 100 Municipal Drive Trophy Club, TX 76262 682-831-4650 Interlocal Cooperation Agreement for 2014-15 Page 4 of 6 Public Safety Application Support and Maintenance November 13, 2014 Minutes Page 44 of 83 1 S. SEVERABEM. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be performed and all compensation payable in Denton County, Texas. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 19. THIRD PARTY. This Agreement is made for the express purpose of providing public safety application support and maintenance services, which both parties recognize to be a governmental function. Except as provided in this Agreement, neither party assumes any liability beyond that provided by law. This Agreement is not intended to create any liability for the benefit of third parties. 20. VENUE. This agreement will be governed and construed according to the laws of the State of Texas. This agreement shall be performed in Denton County, Texas. 21. WAIVER. The failure of County or Agency to insist upon the performance of any term or provision of this Agreement or to exercise or enforce any right herein conferred, or the waiver of a breach of any provision of this Agreement by either party, shall not be construed as a waiver or relinquishment to any extent of either party's right to assert or rely upon any such term or right, or future breach of such provision, on any future occasion. 22. AUTHORIZED OFFICIALS. Each party has the full power and authority to enter into and perform this Agreement. The persons executing this Agreement represent they have been properly authorized to sign on behalf of their governmental entity. 23. CURRENT FUNDS. All payments made by Agency to County pursuant to this Agreement shall be from current revenues available to Agency. Interlocal Cooperation Agreement for 2014-15 Page 5 of G Public Safety Application Support and Maintenance November 13, 2014 Minutes Page 45 of 83 DENTON COUNTY, TEXAS 110 West Hickory, Room #207 Denton, Texas 76201 (940)349-2820 EXECUTED duplicate originals on this Date: Approved as to form: ry� Assi nt District Att' n Delon County Criminal District Attorney's Office AGENCY Please select the desired support level: [ x ] Basic Support -or- [ ] Enhanced Support �s ��� Signature C. Nick Sanders Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 682-831-4650 EXECUTED duplicate originals on this Date: November 13, 2014 Approved as to form: T�h �t Attorney for Agency Interlocal Cooperation Agreement for 2014-15 Page G of G Public Safety Application Support and Maintenance November 13, 2014 Minutes Page 46 of 83 D DENTONCOUNTY-DEPARTmENToFTECHNOLOGYSERVICES SERVICE LEVEL AGREEMENT-PUBW SAFETY AGE7JC M Version Version Date Revision / Description 1.0 10/1/2014 Initial Version Name of "Agency" Agency Locations Agency Contacts Title Name Email Phone Agreement Liason IT Coordinator Additional Agency Specific Services Exhibit A - Service Level Agreement v1.0 - Public Safety Agencies Page 1 of 11 November 13, 2014 Minutes Page 47 of 83 DENTON COUNTY-DEPARTMENTOFTECHNOLOGYSERVM SERVICE LEVEL AGREEMENT—RJBX SAFEN AG3\am County Contacts Exl-WA Title Name Email Phone Agreement Liason & Application Support Manager Isaac White Isaac. White@dentoncounty.com 940-349-4357 Senior Application Support Technician Cathy Stanley Cathy.Stanley@dentoncounty.com 940-349-4357 Chief Information Officer Kevin Carr Kevin.Carr@dentoncounty.com 940-349-4500 Deputy Chief Information Officer Brian King Brian.King@dentoncounty.com 940-349-4500 Technical Services Manager Damian Van Zile Damian.VanZile@dentoncounty.com 940-349-4357 Desktop Support Manager Shawn Buchanan Shawn.Buchanan@dentoncounty.com 940-349-4357 Server Manager Ray Rose Ray.Rose@dentoncounty.com 940-349-4357 Infrastructure Manager Don Click Don.Click@dentoncounty.com 940-349-4357 HELP DESK HelpDesk@dentoncounty.com 940-349-4357 Exhibit A — Service Level Agreement v1.0 — Public Safety Agencies Page 2 of 11 November 13, 2014 Minutes Page 48 of 83 DENfONCOUNly-DEPARTMENTCIFTECHNOLOGYSERVICES SERVICE LEVEL AGREEMENT—Pueuc SAFEtY AG2 CEs Table of Contents Ew-wA 1. Service Overview...................................................................................................................................................................4 2. Service Description................................................................................................................................................................4 2.1 Assumptions......................................................................................................................................................................4 2.2 Supported Applications......................................................................................................................................................4 2.3 Available Services...............................................................................................................................................................5 3.1 County Responsibility.........................................................................................................................................................5 3.2 Agency Responsibility.........................................................................................................................................................6 4. Service Support ......................................................................................................................................................................7 4.1 Requesting Service.............................................................................................................................................................7 4.2 Hours of Coverage..............................................................................................................................................................7 4.3 Incident and Request Response and Prioritization..............................................................................................................7 4.4 Resolution..........................................................................................................................................................................7 4.5 Service Escalation...............................................................................................................................................................7 4.6 Priority Levels....................................................................................................................................................................8 4.7 Priority level Determination...............................................................................................................................................9 4.8 Service Level Measurements..............................................................................................................................................9 4.9 Scheduled Maintenance.....................................................................................................................................................9 4.10 Unscheduled Maintenance.................................................................................................................................................9 S. Customer Service Survey......................................................................................................................................................10 Exhibit A — Service Level Agreement v1.0 — Public Safety Agencies Page 3 of 11 November 13, 2014 Minutes Page 49 of 83 D DENToNCOUNTY-DEPARTMENfOFTECHNOLOGYSFRVICES SERVICE LEVEL AGREEMENT—F'1iax S*ErrAGam 1. Service Overview This is a Service Level Agreement ("SLA") between the Agency and the Denton County Department of Technology Services ("DTS") to document: EXHWA • the technical services provided to the Agency; • the general levels of response, availability, and maintenance associated with these services; • the responsibilities of DTS as a provider of these services and of Agency users receiving services; and • processes for requesting services. 2. Service Description 2.1 Assumptions • An "Incident" is defined as any interruption in the normal functioning of a supported service or system. Incidents that cannot be legitimately resolved within the timeframe of this SLA or that do not have an available workaround, will become part of a Problem Management process. • A "Request" is defined as any new service, a change to an existing service, or removal of an existing service. • An "Inquiry" is defined as a request for information. • Services will be provided in adherence to any related policies, processes and procedures. 2.2 Supported Applications The following software applications will be supported: • SunGard MCT/MFR • ONESolution RMS • OpCenter • Police2Police, Police2Citizen • Any additional SunGard applications purchased underthe Denton County contract and made available to other agencies. • FIREHOUSE Software Exhibit A — Service Level Agreement vl.0 — Public Safety Agencies Page 4 of 11 November 13, 2014 Minutes Page 50 of 83 DTS DENToNCouN1Y-DEPARTMENroFTECHNOLOGYSERVICES SERMCE LEVEL AGREEMENT —PUBLIC S FSY Acmes 2.3 Available Services EKFWA Basic Support Services: Agencies that choose the Basic Support option will be provided the following services: • Client support services will be provided through the software vendor. • Remote access to county hosted systems for supported applications. • Password resets during normal business hours. • Software update notifications for supported applications. • Maintenance and support of Site -to -Site connections for County owned equipment only. • Participation in the Denton County Law Enforcement Portal (p2c.dentoncounty.com). • Access to the OpCenter web site. Enhanced Support Services: Agencies that choose the Enhanced Support option will be provided the following services: • All services provided under Basic Support Services. • Access to Help Desk after-hours support for critical business issues. • Software update assistance for supported applications. • Maintenance and support of the Site -to -Site connection for both County and Agency equipment. • Access to Training classes for the supported applications provided by DTS as well as other DTS training services. Additional Services: Agencies may negotiate additional services specific to their own agency. Additional agency specific services are included on the first page of this SLA in the "Additional Agency Specific Services" section. 3. Roles and Responsibilities 3.1 County Responsibility County responsibilities and/or requirements in support of this Agreement include: • Making best efforts to resolve problems (or find workarounds) within the expected completion times based on the priority for all incidents and requests. Completion times depend on a number of factors including complexity, the availability of the user, access to external resources such as software fixes, and the existence of a solution. • Providing assistance with basic installation of software relating to the listed applications. • Acting as the liaison with vendors or external resources for supported services. • Maintaining and updating all county owned software and hardware required to provide Services for the Supported Applications. • Generating annual reports on service level performance. • Notifying agencies of all scheduled and unscheduled maintenance via e-mail notifications from the DTS Help Desk. • The County is responsible for the costs and maintenance of all County computer equipment, network equipment, and software. • Ensuring the security of the County computer systems and network. Exhibit A — Service Level Agreement v 1.0 — Public Safety Agencies Page 5 of 11 November 13, 2014 Minutes Page 51 of 83 D DENTONCouNiY-DEPARTMENroFTECHNoLOGYSERVICES SERVICE LEVEL AGREEMENT—F'uet_iC SAFOY Acmes • Preventing unauthorized access to Agency information. • Maintaining regular backups of files and data stored on county owned equipment. 3.2 Agency Responsibility E*WA Agency responsibilities and/or requirements in support of this Agreement include: • Payment of all maintenance fees on software currently in use by the Agency. • Payment of all support services selected by the Agency. • Notifying the County of personnel changes in a timely manner. • Making best effort for availability of user(s) when resolving a service related incident or request. • Submitting requests for service to the Denton County Help Desk. • Communicating plans, changes of needs, and problems to the County in a timely manner. • Except as otherwise specifically provided by this SLA, the Agency is responsible for the costs and maintenance of all Agency computer equipment, network equipment, and software. • Ensuring all Agency owned systems meet minimum requirements for the Supported Applications. • Ensuring the security of the Agency computer systems and network. • Preventing unauthorized access to County information. • Maintaining regular backups of files and data stored on agency owned equipment. • Designating an "Information Technology (IT) Coordinator' to ensure that these responsibilities are carried out and to serve as the primary contact person between the agency and DTS. For Agencies who use the SunGard RMS and/or have a Site -to -Site connection, the IT Coordinator will also be responsible for resetting user passwords for their agency utilizing the SMS application. Because agencies have different needs, IT resources, and levels of internal expertise, the needs and resources of a given agency may not require the IT Coordinator to have an extensive technical background. Exhibit A — Service Level Agreement v1.0 — Public Safety Agencies Page 6 of 11 November 13, 2014 Minutes Page 52 of 83 DTS DENToNCouNTY-DEPARTMENroFTECHNoLoGYSEmnm a SERVICE LEVEL AGREEf1AENT—PLar SAFEN AGaM 4. Service Support 4.1 Requesting Service E*WA • Contact the Denton County Help Desk by one of the options below. In order to ensure the fastest possible service, please do not send requests to a specific County employee. Except for emergencies, drop -ins should be scheduled through the Help Desk. • Phone —Call 940-349-HELP (4357) Phone service is available during normal hours of operation. Messages left outside of normal hours will be processed the next business day. An on -call technician will be available outside of normal hours for emergency calls only. • Email - Helpdesk@dentoncounty.com E-mail requests will be processed during regular business hours. Email requests can be sent 24 hours a day, 7 days a week. • Information Technology (IT) Coordinator Please contact your IT Coordinator for services not listed. 4.2 Hours of Coverage Service is available during standard operating hours of 8:00am — 5:00pm Monday — Friday, except on County holidays. 4.3 Incident and Request Response and Prioritization Incoming Service Requests will fall into priority levels ofCritical','Urgent','High','Medium', 'Normal' and 'Low'. These levels will be identified by type (incident, request for service or inquiry), urgency and impact of the Service Request. If the incident cannot be resolved during the initial call, a DTS technician will be contacted to further research the issue. For responses to Service Requests, the goal for DTS is to respond in a timely manner. 4.4 Resolution • DTS will use reasonable efforts to resolve Service Requests that are within the control of DTS responsibilities. Circumstances beyond DTS control (waiting for parts, response from user, or third party involvement) will constitute a temporary suspension of the SLA clock until appropriate response, replacement parts or services have been received. 4.5 Service Escalation If you are not satisfied with the level of service on a request, contact your IT Coordinator or the Technical Services Manager of DTS. They will respond to you with the action taken or to develop a solution that meets your needs. Exhibit A — Service Level Agreement vl .0 — Public Safety Agencies Page 7 of 11 November 13, 2014 Minutes Page 53 of 83 D DEHTONCoUNTY-DFPARIMENroFTECHNOLOGYSEMES m SERVICE LEVEL AGREEMENT—Puiic SAFETY Ac'eum 4.6 Priority Levels DTS provides service based on the following Priority Levels. Priority Level Characteristics E�Q-rrA Priority Level I Expected Completion Time I Description Incident Levels (Standard Business Hours 8am — 5pm, Monday through Friday) Critical 8 hours • An incident where systems are down or seriously 80% of the time. impacted and/or products/services are unavailable. (Continued repair until operational) • Normally a global issue or a large number of Agency users are being affected. • There is no acceptable workaround to the problem (i.e., the job cannot be performed in any other way). The commitment of incident management resources is critical. Urgent 1 business day • Issues affecting a large number of users 80% of the time. • Requests that require immediate attention High 2 business days • The issue causes any Agency user to be unable to work 80% of the time. or perform some significant portion of their job. • Incidents where systems are degraded/unreliable; performance and/or legal agreements are at risk. • There is an acceptable and implemented workaround to the problem (i.e., the job can be performed in some other way). The commitment of incident management resources is high. Medium 3 business days • An incident where performance and/or legal agreements 80% of the time. may be degraded. The actual and potential business impact is low in terms of the user. (a few or less users are affected) • The issue causes a Agency user to be unable to perform some small portion of their job, but they are still able to complete most other tasks. May also include questions and requests for information. Exhibit A — Service Level Agreement v 1.0 — Public Safety Agencies Page 8 of 11 November 13, 2014 Minutes Page 54 of 83 DTS DENroNCOUNTy-DEPARTMENToFTECHNOLOGYSERVICES SERVICE LEVB-AGREEMENT—PueuC SAFErvAG&m Exi-BTA • A temporary workaround, alternative, or circumvention is available. There is no commitment of incident management resources outside of business as usual. Normal 5 business days • An incident where performance and/or legal agreements 80% of the time. are not at risk. The actual and potential business impact is minimal in terms of the user. Low 10 days • The customer has requested a new service or 80% of the time. information pertaining to a feature, system or service. 4.7 Priority level Determination • Priority levels will be automatically determined by: • Service Request Type (incident, request for service or inquiry). • Impact (Single user, 2 -9 users or 10 or more users). • Urgency (High — User(s) is unable to work, Medium — User's work is impacted, Low —A workaround can be implemented or a user's ability to work is not greatly impacted.) Priority Levels (Incidents) Single User 2 — 9 users 10+ Users High High High Urgent Medium Medium High High Low Normal Medium Medium 4.8 Service Level Measurements Service levels will be measured based on the overall service level targets for each agency broken out by Priority Levels (Critical, Urgent, High, Medium, Normal, Low). These targets are based on each priority's expected completion times. Service level reports will be run on a yearly basis and reviewed by DTS and Agencies at that time. The minimum number of total Service Requests required to meet the SLA percentage for a given Priority Level will be 12 or more. If an agency has less than 12 SR's in any given priority level then the overall weighted percentage will apply to that priority. 4.9 Scheduled Maintenance DTS plans scheduled maintenance windows each week (usually on Thursday evenings, starting at 7 p.m. until 7a.m., the next day) to maintain and increase the security, availability, and performance of the network and supported applications. DTS works to minimize or avoid any disruption to public safety agencies during the maintenance windows. Agencies will be notified if we are aware of an anticipated interruption to public safety systems. A notification reminder will be sent out the morning of the scheduled maintenance day with information about the maintenance being performed. 4.10 Unscheduled Maintenance Exhibit A — Service Level Agreement v1.0 — Public Safety Agencies Page 9 of 11 November 13, 2014 Minutes Page 55 of 83 �TS DafmCoumy-DEPARimEwoFTECHNOLOGYSBMES SERVICE LEVEL AGREEMENT—Puex SaFEn' AG3Nm • Occasionally DTS may be required to interrupt services to Agency users due to unpredictable maintenance requirements that had not been previously planned but require prompt attention and must have action taken to allow for system restoration and protection of county resources. When possible, email notification will be sent 24 hours, or more, prior to maintenance specifying the work to be performed. S. Customer Service Survey 5.1 Survey Form • Upon closure of a Service Request, Agency employees will receive a link to the Customer Satisfaction Survey. These surveys are important in gauging work quality within DTS and help improve customer service. 5.2 Customer Satisfaction Survey Ratings — Detailed Definitions Technician went beyond what was required • Quality of work is exceptional; performance far exceeds the needed requirement to fulfill the request. • Quick to respond. Receptive to needs and was able to understand the request with informative questioning. • The resolution was much faster than expected. • Communication was frequent throughout the entire process and updates during the progress and upon finding a solution were completely understandable. • Actions were taken quickly and an optimal solution was found. • Technician showed an ability to quickly understand the request and utilized their skills to the fullest. • Technician went out of their way in providing support. Fvrallant • Quality of work is excellent and an extra effort was taken in fulfilling the request. • Quick response in initial contact. Receptive and willing to help. • The resolution was faster than expected. • Technician made sure to communicate status as well as inform user of solution. • Technician went out of their way to properly resolve the issue. • Technician came up with a solution to allow minimal interruption to the user. • Technician took a complete interest in helping. Satisfied • Quality of work is acceptable. • Initial contact was cordial and responsive to my needs. • Has demonstrated the ability to handle the Service Request within an appropriate timeframe. • Communicated the status as well as resolution. • Solution met the requirement needed to resolve the issue. • Performed the task with the proper technical skills and expertise. • Technician was thorough in taking care of the Service Request. Needs Improvement • Quality of work is poor. Exhibit A— Service Level Agreement v1.0 —Public Safety Agencies Page 10 of 11 November 13, 2014 Minutes Page 56 of 83 DTS DENTONCOUNTY-DEPARTMENToFTECHNOLOGYSBW ES SERVICE LEVEL AGREEMENT—Pueuc SAFEwAcs Ew-WA • Access to help was time consuming. • Technician did not demonstrate the ability to handle issue within an appropriate timeframe. • Poor communication. Issues were not explained or understood. • Questionable resolution. • Technician seemed unconfident with ability. • Lack of interest, only helpful enough to get the task completed. Dissatisfied • Failed to meet expectations. • Little or no response to requests. • Issue persists. • Little or no communication during work being done. • No progress was made in response to corrective action. • There is a definite lack of ability and/or willingness. • Technician was rude. Not Applicable • Question being asked does not pertain to the request. Exhibit A — Service Level Agreement v1.0 — Public Safety Agencies Page 11 of 11 November 13, 2014 Minutes Page 57 of 83 EXHIBIT B FY 2015 Cost Schedule for Maintenance and Optional Enhanced Support Trophy Club Police Department .. Qty Total OSSI MCT Client for Digital Dispatch $ 110.33 10 $ 1,103.30 OSSI Mobile Client Maps $ 22.23 10 � $ 222.30 OSSI Client AVL Mobile License $ 16.63 6 $ 99.78 OSSI - MFR Client - Racial Profiling $ 22.23 101 $ 222.30 OSSI - MFR Client- Base Incident/Offense $ 110.33 10 $ 1,103.30 OSSI Mobile Arrest Module $ 44.13 101 $ 441.30 OSSI Accident Wizard Workstation License Client $ 25.46 6 $ 152.76 OSSI - MFR Client Citation $ 73.49 8 $ 587.92 OSSI - MFR Client - Accident Reporting $ 73.49 6 $ 440.94 OSSI Client Base Records Management System $ 1,084.24 1 $ 1,084.24 Upgrade to Site License $ 1,641.16 1 $ 1,641.16 OSSI - Link Analysis Module $ 297.05 1 $ 297.05 OSSI RMS Map Display and Pin Mapping License - Site License $ 169.74 1 $ 169.74 OSSI Multi -Jurisdictional RMS Option $ 46.68 1 $ 46.68 OSSI Notification Module $ 190.96 I 1 $ 190.96 OSSI Racial Profiling Module -Site $ 42.44 1 $ 42.44 OSSI Sex Offender Module $ 127.31 1 $ 127.31 OSSI Crime Analysis Module - Site License $ 106.09 1 $ 106.09 OSSI Base Mobile Server Software Client $ 464.04 I 1 $ 464.04 OSSI AVL Server Host License $ 334.18 1 $ 334.18 OSSI Residential Security Watch Module $ 20.60 1 I $ 20.60 OSSI Review Module for Field Reporting $ 343.31 1 $ 343.31 OSSI's Integrated Messaging Switch Software $ 190.96 1 $ 190.96 Total Maintenance Fees to be reimbursed to County $ 9,432.66 Optional Enhanced Support Fees (prorated) January - September 2015 $ 2,829.80 Total Maintenance + Optional Enhanced Support $12,262.46 Page 1 of 1 November 13, 2014 Minutes Page 58 of 83 ATTACHMENT H Executed agreement between the Town of Trophy Club and Blue Emergency Services Team Emergency Medical Services (BEST EMS) for Medical Director for operations in Emergency Medical Services November 13, 2014 Minutes Page 59 of 83 MEDICAL DIRECTOR AGREEMENT THIS AGREEMENT is made between the City of metrics, review performance data, identify Trophy Club Fire Department ("Agency") and opportunities for improvement, test new BEST EMS (the "Company") set out on the signature processes, and ultimately to adopt best practices. page of this Agreement. This Agreement is effective as of January 1, 2015 ("Effective Date"). c. Review quality improvement and performance reports, provided by Agency and WHEREAS, the Company employs or contracts with identify opportunities for improvement in physicians who are duly qualified and licensed to patient care or system design and collaborate practice medicine in the state and has approved one of with all appropriate entities to develop an its physicians to act as a medical director for the improvement program.; Agency; WHEREAS, the Company's physician has expertise in the field of medicine, emergency medical services, emergency medical services oversight and administration; WHEREAS, Agency provides emergency medical services ("EMS"), non -emergency medical services, mobile healthcare and other related services and desires to obtain the services of a medical director; WHEREAS, the Company is willing to provide the services of a medical director to Agency for its operations in Emergency Medical Services; NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties incorporate the above recitals and agree as follows: Company Services. The Company shall provide a physician to serve as the Medical Director ("Medical Director") for Agency. As of the Effective Date, the Medical Director will be Justin Northeim, D.O. Company will have the right, however, to appoint any other physician as the Medical Director in place of Justin Northeim, D.O. in the event Justin Northeim, D.O. leaves the Company or otherwise ceases to serve as Medical Director. The physician at any time serving as the Medical Director must be reasonably acceptable to Agency and must meet the following requirements who will fulfill the following services to Agency: a. Provide comprehensive medical oversight (direct and indirect) for clinical services delivered by Agency's personnel. Medical Director shall participate in the implementation of clinically sound, evidence -based expectations for the system; b. Provide medical oversight and guidance for Agency's quality leadership activities through serving as a liaison between Agency and the local medical community, collaborating with local designated quality organizations and/or committees to define quality standards, identify d. Review recorded medical oversight, control or direction conversations (if available) to assure appropriate clinical care and decision making by all entities. e. Review and respond to requests to review high priority clinical cases within twenty-four (24) hours of being notified; f. Make or direct the making of such reports and records relating to patient care as may be required by Agency and/or regulatory bodies, whether public or private; g. Develop criteria for establishment and maintenance of credentials for Agency's emergency medical services personnel; h. Direct, coordinate, and/or participate in initial, ongoing and remedial education of emergency medical services personnel in accordance with Agency's policies; i. Instruct and inform Agency management and governmental boards or agencies to summarily limit, suspend, or withdraw clinical credentials of personnel; j. Advise and assist in the organization in implementation of an effective utilization review program for Agency and perform utilization review services; k. Assist in the design and development of protocols, guidelines, patient information forms, medical record forms, and consent forms for use in the field or for Agency purposes; 1. Undertake activities, as reasonably requested by Agency, including but not limited to professional contacts with physicians, healthcare systems, public health agencies, health plans paramedic associations, nursing associations, governmental agencies, and state and local medical societies in order to apprise such individuals and groups of the nature and availability of facilities and services of Agency City of Trophy Club Fire Department EMS Medical Director Agreement 01/01/2015 Confidential and Proprietary November 13, 2014 Minutes Page 60 of 83 and facilitate the exchange of information on patient care, administration, medical policy, and utilization review; in. Actively participate in the professional development of all staff in Agency and collaborate in communicating medical competency and expertise to the medical community and general public. Give technical advice and assistance as may be requested to facilitate the evaluation, acquisition, implementation and utilization of medical equipment, expansion of Agency services, as well as general strategic planning and collaborative efforts with other healthcare systems; n. Authorize, supervise and approve the purchase of necessary medications for pre - hospital use by Agency in accordance with the full scope of practice. Company acknowledges and agrees that controlled medications are specifically included within the definition of medications covered by this agreement and Medical Director will be responsible for approving all local implementation plans for the ordering, distribution and handling of controlled substances (to include oversight and sign -off on all controlled substance records and logs in a timely manner) consistent with local, state & federal requirements. Medical Director shall maintain all appropriate state and federal permits, registrations or licenses necessary to prescribe controlled substances; o. Fulfill all Medical Director Functions including protocol development, education and performance review associated with the operation of any Agency communications centers within the area; p. Fulfill all Medical Director Functions associated with the operation of any Agency Inter -facility, Specialty, Mobile Integrated Healthcare or Critical Care Transport operations; q. Perform any other functions associated with the role of a medical director as may be requested by Agency; r. Participate in ail required activities associated with local and/or national accreditation processes; s. Participate in sanctioned appropriately research activities. 2. Time Commitment. The Medical Director shall be expected to be available to provide the above duties. The Company shall establish appropriate, contact information to assure 24/7 availability of physician consultation (including designation of specific hospital based physicians or designated base -station contacts authorized to provide direct medical control). 3. Compensation. As payment for the services rendered by Company and Medical Director, Agency shall pay to Company the amount $2,925.00 for services effective January 1, 2015 through September 30, 2015. Agency will make payment to Company within thirty (30) days after the effective date of the agreement in which services will be rendered. Payment should be made payable to BEST EMS and mailed to BEST EMS, Attn: Nestor Zenarosa, 13737 Noel Rd., Suite 1600, Dallas, TX 75240. 4. Term. The term of this Agreement shall commence on the Effective Date and shall be for nine (9) months, January 1, 2015 through September 30, 2015. The initial term shall be referred to as the "Term". 5. Termination. This agreement may be terminated prior to the expiration of its Term as follows: a. Immediately by Agency upon the suspension, revocation or restriction of Medical Director's license to practice medicine or dispense medications unless Company provides a replacement Medical Director, with Agency's approval; b. Immediately by Agency if it determines in its reasonable discretion that continued provision of services by the Company and/or Medical Director will jeopardize health or safety; or c. With or without cause by either party by providing written notice of intent to terminate. Such termination shall become effective and the agreement shall be terminated in its entirety on the 30'h calendar day following receipt of the written notice of terms herein described. Relationship. In the performance of services under this Agreement, Company, Medical Director and Agency shall at all times be acting and performing as independent contractors. Nothing contained herein shall be deemed or construed to create any agency, partnership, joint venture, or employer -employee relationship between Company, Medical Director and/or Agency. Agency shall not have direct supervision over the manner in which Medical Director performs medical direction services pursuant to this Agreement. Agency shall not be responsible for the payment of any applicable taxes or withholdings related to Company's or Medical City of Trophy Club Fire Department EMS Medical Director Agreement 01/01/2015 Confidential and Proprietary November 13, 2014 Minutes Page 61 of 83 Director's services. Agency and Company agree that all services provided hereunder shall be provided in accordance with the terms and conditions of standard medical protocols in the state where the services are provided. Right to Engage in Other Activities. Except where a conflict of interest may exist (e.g., working for a competitor of Agency or working for a governmental agency involved in oversight of the designated Agency emergency medical services), nothing contained herein shall be deemed to restrict or prevent Company or Medical Director from engaging in consultation services or in any other business at such times, places, and in such manner as Company shall determine in its discretion during the Term of this Agreement and thereafter so long as Company is able to carry out the provisions of this Agreement. 8. Standard of Care. Medical Director shall render services in compliance with the accepted medical standard of care in the community and profession. 9. Compliance with Laws. The parties will comply in all material respects with all applicable federal and state laws and regulations including, the federal Anti -kickback statute. Company and Medical Director shall also maintain all licenses, certifications or accreditations necessary to provide Services hereunder. 10. Maintenance of Records. As applicable, each party will retain books and records respecting services rendered to patients for the time periods required under all applicable laws (including the requirements of the Secretary of Health and Human Services ("HHS")) and allow access to such books and records by duly authorized agents of the Secretary of HHS, the Comptroller General and others to the extent required by law. Run reports and patient care records shall be maintained in accordance with the requirements of Agency and Company and shall be treated as confidential so as to comply with all federal and state laws and regulations regarding the confidentiality of patient records. Each of the parties shall have the right to obtain copies of relevant portions of patient records maintained by the other party to the extent necessary to defend against legal actions taken against such party or its physicians or employees involved in the care of a patient. 11. Insurance. Company's professional liability insurance covers Medical Director for services that are provided under this Agreement. 12. Indemnity. Each party will indemnify and hold the other harmless from and against liability claims resulting from or alleged to result from any negligence or willful misconduct. 13. HIPAA. Each party shall comply with the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 and the regulations thereunder ("HIPAA"), and with such other requirements of HIPAA that may become effective during the Term. All patient medical records shall be treated as confidential so as to comply with all state and federal laws. The parties shall execute the Business Associate Agreement attached as Exhibit "A". 14. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by overnight courier, upon written verification of receipt; (c) by facsimile transmission, upon acknowledgment of receipt of electronic transmission; or (d) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the following addresses: If to Agency: City of Trophy Club Fire Department Attn: Danny Thomas, Fire Chief 100 Municipal Dr. Trophy Club, TX 76262 If to Company: BEST EMS Attn: Nestor Zenarosa, M.D. 13737 Noel Rd, Suite 1600 Dallas, TX 75240 With Mandatory Copy to: Legal Department Envision Healthcare Corporation 6200 South Syracuse Way, Suite 200 Greenwood Village, Colorado 80111 15. Confidentiality. All information with respect to the operations and business of a party (including the rates charged hereunder) and any other information considered to be and treated as confidential by that party gained during the negotiation or Term of this Agreement will be held in confidence by the other party and will not be divulged to any unauthorized person without prior written consent of the other party, except for access required by law, regulation and third party reimbursement agreements. City of Trophy Club Fire Department EMS Medical Director Agreement 01/01/2015 Confidential and Proprietary November 13, 2014 Minutes Page 62 of 83 16. Non -Exclusion. Each party represents and agreement between the parties with respect to the certifies that neither it nor any practitioner who subject matter hereof, superseding all prior oral orders or provide Services on its behalf hereunder or written agreements with respect thereto; (b) has been convicted of any conduct that may be amended only by written instrument constitutes grounds for mandatory exclusion as executed by both parties; (c) may not be assigned identified in 42 U.S.C.§ 1320a-7(a). Each party by either party without the written consent of the further represents and certifies that it is not other party, such consent not to be unreasonably ineligible to participate in Federal health care withheld; (d) shall be binding on and inure to the programs or in any other state or federal benefit of the parties hereto and their respective government payment program. Each party agrees successors and permitted assigns; (e) shall be that if DHHS/OIG excludes it, or any of its interpreted and enforced in accordance with the practitioners or employees who order or provide laws of the state where the services are rendered, Services, from participation in Federal health without regard to the conflict of laws provisions care programs, the party must notify the other thereof, and the federal laws of the United States party within five (5) days of knowledge of such applicable therein; (f) this Agreement may be fact, and the other party may immediately executed in several counterparts (including by terminate this Agreement, unless the excluded facsimile), each of which shall constitute an party is a practitioner or employee who original and all of which, when taken together, immediately discontinues ordering or providing shall constitute one agreement; and (g) this Services hereunder. Agreement shall not be effective until executed by both parties. In the event of a disagreement 17. Miscellaneous. This Agreement (including the between this Agreement and any Schedule Schedules hereto): (a) constitutes the entire hereto, the terms of this Agreement shall govern. IN WITNESS WHEREOF, the parties have hereto executed this Agreement. CITY OVXROPHY CLUB NIRE DEPARTMENT By: Danny homas, Date: I 0 / 29I BEST EMS By:_?Wl Nestor Zenarosa, M.D., ttorney in Fact Date: City of Trophy Club Fire Department EMS Medical Director Agreement 01/01/2015 Confidential and Proprietary November 13, 2014 Minutes Page 63 of 83 BUSINESS ASSOCIATE AGREEMENT THIS AGREEMENT is made between City of Trophy Club Fire Department ("Covered Entity") and the BEST EMS (the "Business Associate"). This Agreement is entered into effective January 1, 2015. BACKGROUND Covered Entity and Business Associate have entered into a medical director agreement ("Services Agreement") dated January 1, 2015 pursuant to which Business Associate arranges for the provision of services to Covered Entity. This Business Associate Agreement is intended as a supplement to the Services Agreement for the purpose of meeting the requirements of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") for the treatment of Protected Health Information, as defined herein, that may be disclosed by Covered Entity to Business Associate. Definitions Terms used, but not otherwise defined, in this Agreement shall have the same meaning as given those terms in 45 CFR 160 and 164 HIPAA Regulations; a the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 and its implementing regulations. "Business Associate" is a person or entity that arranges, performs, or assists in performing services on behalf of Covered Entity and creates, receives, maintains, or transmits protected health information for a function or activity regulated under 45 CFR 160 and 164 HIPAA Regulations and HITECH and its implementing regulations including any services defined under 45 CFR 160.103 as amended; "Protected Health Information" ("PHI") means information that is: (i) created or received by a Health Care Provider, Health Plan, employer, or Health Care Clearinghouse; (ii) relates to the past, present, or future physical or mental health or condition of an individual; the provision of Health Care to an individual; or the past, present, or future Payment for the provision of Health Care to an individual; (iii) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. 2. Obligations and Activities of Business Associate (a) Business Associate agrees not to use or disclose PHI other than as permitted or required by this Agreement or as Required by Law. In addition, the uses, disclosures or requests for PHI described herein shall be, to the extent practicable, limited to a Limited Data Set or the minimum necessary to accomplish the intended purpose of such use, disclosure or request. Further, Business Associate shall not use or disclose PHI in any manner that would constitute a violation of the HIPAA regulations or the HITECH Act if so used by Covered Entity. (b) Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the PHI other than as provided for by this Agreement. (c) Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement. (d) Business Associate agrees to report to Covered Entity any use or disclosure of the PHI not provided for by this Agreement of which it becomes aware. (e) Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received from, or created or received by Business Associate on behalf of Covered Entity, agrees in writing to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. (f) Business Associate agrees to provide access, within 10 (ten) days, to PHI in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 CFR 164.524. (g) Within ten (10) days of a request from Covered Entity, Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR 164.526 at the request of Covered Entity or an Individual., . (h) Business Associate agrees to make internal practices, books, and records, including policies and procedures and PHI, relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of, Covered Entity available to the Covered Entity, or to the Secretary, in a timely manner or as designated by the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule. (i) Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR 164.528. 6) Business Associate agrees to provide to Covered Entity or an Individual, within ten (10) days of a request, information collected in accordance with Section 2 (i) of this Agreement, to permit Covered Entity to respond 5 City of Trophy Club Fire Department Business Associate Agreement 01/01/2015 November 13, 2014 Minutes Page 64 of 83 BUSINESS ASSOCIATE AGREEMENT to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR 164.528. (k) Business Associate agrees to establish and maintain appropriate administrative, physical and technical safeguards that reasonably and appropriately protected the confidentiality, integrity and availability of electronic PHI. Business Associate will follow generally accepted system security principles and the requirements of the final HIPAA rule pertaining to the security of health information ("the Security Rule", published at 45 CFR Parts 160 — 164), and be in compliance with all requirements of the HITECH Act related to security and applicable as if Business Associate were a "covered entity," as such term is defined in HIPAA. (1) Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides electronic PHI agrees, in writing, to implement reasonable and appropriate safeguards to protect that information. (m) Business Associate agrees to report any security breach of which it becomes aware to Covered Entity without unreasonable delay, but no later than 30 days after discovery of the breach. For purposes of this agreement, a "security breach" means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations. Further, this includes a breach of unsecured PHI as defined by the implementing regulations of the HITECH Act as of their effective date.. This does not include trivial security incidents that occur on a daily basis, such as scans, "pings", or unsuccessful attempts to penetrate computer networks or servers maintained by Business Associate. Prohibited Use and Disclosure (a) Except as otherwise described herein, the Business Associate agrees not to use or disclose any patient information for any purpose other than a purpose expressly approved by Covered Entity. The Business Associate understands that it is not authorized to disclose any information related to patient information to anyone outside Covered Entity, unless otherwise expressly approved by Covered Entity. Business Associate shall not receive any direct or indirect remuneration for PHI except as would be permitted by this Agreement and 45 CFR 160 and 164 HIPAA Regulations and HITECH and its implementing regulations. Business Associate understands it is subject to all civil and criminal penalties for violations of the Privacy Rule and Security Rule. 4. Specific Use and Disclosure Provisions (a) Except as otherwise limited in this Agreement, Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. (b) Except as otherwise limited in this Agreement, Business Associate may disclose PHI for the proper management and administration of the Business Associate, provided that disclosures are required by law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. (c) Except as otherwise limited in this Agreement, Business Associate may use PHI to provide Data Aggregation services to Covered Entity as permitted by 42 CFR 164.504(e)(2)(i)(B). (d) Business Associate may use PHI to report violations of law to appropriate Federal and State authorities consistent with § 164.5026) (1) and 164.504(e). 5. Obligations of Covered Entity (a) Covered Entity shall notify Business Associate of any limitations in its notice of privacy practices of Covered Entity in accordance with 45 CFR 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of PHI. (b) Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by Individual to use or disclose PHI, to the extent that such changes may affect Business Associate's use or disclosure of PHI. (c) Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR 164.522 to the extent that such restriction may affect Business Associate's use or disclosure of PHI. 6. Permissible Requests by Covered Entity Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity, except in connection with Data Aggregation or management and administrative activities of Business Associate otherwise permitted under this Agreement. Term and Termination (a) Term. This Agreement shall be effective as of the date first written above and shall 6 City of Trophy Club Fire Department Business Associate Agreement 01/01/2015 November 13, 2014 Minutes Page 65 of 83 BUSINESS ASSOCIATE AGREEMENT terminate only upon termination of the agreed upon Services Agreement. (b) Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall provide an opportunity for Business Associate to cure the breach or end the violation. Covered Entity may terminate this Agreement and the Services Agreement if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity. If Business Associate has breached a material term of this Agreement and cure is not possible, Covered Entity may immediately terminate this Agreement and the Services Agreement. 8. Effect of Termination (a) Except as provided in paragraph (2) of this section, upon termination of this Agreement, for any reason, Business Associate shall return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHI. (b) In the event that Business Associate determines that returning or destroying the PHI is not feasible, Business Associate shall provide to Covered Entity notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Parties that return or destruction of PHI is infeasible, Business Associate shall extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction, for so long as Business Associate maintains such PHI. Miscellaneous (a) Regulatory References. A reference in this Agreement to a section in the Privacy Rule or Security Rule means the section as in effect or as amended. (b) Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule, Security Rule and the Health Insurance Portability and Accountability Act, Public Law 104-191. (c) Survival. The respective rights and obligations of Business Associate under Section 8 of this Agreement shall survive the termination of this Agreement. (d) Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits Covered Entity to comply with the Privacy Rule or Security Rule. IN WITNESS WHEREOF, the Covered Entity and Business Associate have executed this Agreement effective as of the day and year first above written. "Covered Entity" By: 6�7—::, " Y Print Name: C.Nick Sanders Print Title: Date: "Business As By. Print Name: Nestor Zenarosa, M.D. Print Title: Attorney in Fact Date: 7 City of Trophy Club Fire Department Business Associate Agreement 01/01/2015 1 1 12y /ZO1L4 November 13, 2014 Minutes Page 66 of 83 ATTACHMENT I Executed Resolution 2014-47 November 13, 2014 Minutes Page 67 of 83 TOWN OF TROPHY CLUB � ORIGINAL RESOLUTION NO. 2014-47 A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING THE WRITTEN CONSENT OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TO THE INCLUSION OF AN APPROXIMATE 4.5161 ACRE TRACT OF LAND SITUATED IN THE J. HENRY SURVEY, ABSTRACT NO. 529, DENTON COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN TRACT OF LAND, CONVEYED BY DEED TO SAVI MANAGEMENT COMPANY RECORDED IN COUNTY CLERK'S FILE NO. 2011-93004, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS LOCATED WITHIN THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB, TEXAS AND BEING MORE FULLY DESCRIBED IN EXHIBIT "A" HERETO ("THE PROPERTY") TO BE ANNEXED INTO AND THEREAFTER INCLUDED WITHIN THE BOUNDARIES OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 54 of the Texas Water Code, at the request of SAVI Management Company, the owner, (hereinafter the "Landowner") of an approximate 4.5161 acre tract of land situated in the J. Henry Survey, Abstract Number 529, Denton County, Texas, and located within the corporate limits of the Town of Trophy Club, Texas as more particularly described in Exhibit "A", (hereinafter the "Property") a copy of which is attached hereto and incorporated herein, have filed a petition to the Town of Trophy Club seeking the written consent of the Town Council to the annexation of the Property into the boundaries of Trophy Club Municipal Utility District No. 1 (hereinafter "MUD1"), a copy of the Landowner's petition is attached hereto and incorporated herein as Exhibit "B"; and WHEREAS, because the Property is located within the Town's corporate limits, Section 54.016 of the Texas Water Code requires that MUD1 obtain the written consent of the Town prior to the annexation of the Property into MUD1; and WHEREAS, there is no work to be done by the District relative to water and wastewater infrastructure; however, the District will provide needed firefighting services to the Property; and WHEREAS, the cost of the proposed development of the Property is estimated at approximately $3,000,000; and WHEREAS, the Town Council of the Town of Trophy Club determines it appropriate to adopt this Resolution authorizing consent to the inclusion of the Property into MUD1. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the matters set forth in the preamble hereof are true and correct and are hereby adopted. Section 2. That the Town Council of the Town of Trophy Club hereby finds that Landowner has complied with all legal requirements to request consent to Page 1 of 8 November 13, 2014 Minutes Page 68 of 83 annexation of the Property and hereby specifically gives its written consent, as required by Section 54.016 of the Texas Water Code, to the inclusion of the Property identified in Exhibit "A", within MUD1 as requested in the Landowner's Petition, Exhibit "B". Section 3. That this Resolution shall become effective from and after its date of passage in accordance with law. Passed and adopted by the Town Council of the Town of Trophy Club, Texas, this the 13`h day of November, 2014. ATTEST: C. Nick Sanders, Mayor Town of Trophy Club, Texas APPROVED AS TO FORM: A IWj Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Page 2 of 8 November 13, 2014 Minutes Page 69 of 83 EXHIBIT "A" LEGAL DESCRIPTION 4.5161 ACRES Page 3 of 8 November 13, 2014 Minutes Page 70 of 83 "LEGAL DESCRIPTION" WHEREAS SAVI MANAGEMENT COMPANY Is the owner of all the certain lot, tract or parcel of land situated In the J, Henry Survey, Abstract Number 529 In the Town of Trophy Club, Denton County, Texas and being all of a called 4,5161 acre tract of land of land described In a deed to Savl Management Company, as recorded In County Clerk File Number 2011-93004, Real Property Records, Denton County, Texas, the subject tract being more particularly described as follows: BEGINNING at a capped Iron rod set in the South line of Bobcat Boulevard for the Northwest corner of the herein described tract, the Northwest comer of said 4,5161 acre tract and the most Northerly Northeast corner of Lot 1 In Block 1 of Independence Park East, an addition to the Town of Trophy Club according to the plat thereof recorded in Document Number 2011-53, Plat Records. Denton County, Texas; THENCE South 77 degrees 29 minutes 10 seconds East with the South line of said Boulevard and the North line of said 4,5161 acre tract, a distance of 400.25 feet to a capped Iron rod set at the beginning of a curve to the right having a radius of 993.00 feet and a chord be;lring and distance of South 72 degrees 39 minutes 25 seconds East, 167.15 feet; THENCE Southeasterly with the arc of said curve, the South line of said Boulevard and the North line of said 4,5161 acre tract, an arc distance of 167.34 feet to a capped Iron rod set for the Northeast corner thereof and the Northwest corner of Lot 1 In Block 1 of Trophy Club Drive Church Addlllon, an addition to the Town of Trophy Club according to the plat thereof recorded in Document Number 2012-219. Plat Records, Denton County, Texas; THENCE South 20 degrees 42 minutes 53 seconds West with the West line thereof and the East line of said 4.5161 acre tract, a distance of 461.26 feet to a 518- iron rod found for an angle point In said line: THENCE South 65 degrees 33 minutes 35 seconds West with the West line of said Lot 1 and the East line of said 4.516.1 acre tract, a distance of 140,13 feet to a capped Iron rod set for the most Southerly corner thereof, the most Westerly Northwest corner of said Lot 1 and being In an East line of said Lot 1 of Independence Park East: THENCE North 00 degrees 30 minutes 56 seconds West with an East line thereof and a West line of said 4.5161 acre tract, a distance of 250.15 feel to a capped Iron rod found for an Inner ell corner thereof and the most Easterly Northeast corner of said Lot 1: THENCE South 89 degrees 31 minutes 54 seconds West with a North line thereof and a South line of said 4.5161 acre tract, a distance of 253,88 feel to a capped Iron rod set for the most Westerly Southwest corner thereof and an inner ell corner of said Lot 1: THENCE North 00 degrees 31 minutes 17 seconds West with an East line thereof and a West line of said 4.5161 acre tract, a distance of 377.92 feet to the PLACE OF BEGINNING and enclosing 4.52 acres of land more or less. Page 4 of 8 November 13, 2014 Minutes Page 71 of 83 EXHIBIT "B" PETITION TO ANNEX CERTAIN LAND INTO TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 Page 5 of 8 November 13, 2014 Minutes Page 72 of 83 PETITION TO ANNEX CERTAIN LAND INTO TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 STATE OF TEXAS § COUNTY OF DENTON § TO THE HONORABLE MAYOR AND TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: The undersigned ("Petitioner") is the owner of title to land more particularly described in the attached Exhibit 1 (the "Property") which is located within Denton County, Texas. Acting pursuant to provisions of Chapter 54, Texas Water Code, the undersigned respectfully petitions the Town Council of the Town of Trophy Club, Texas for its written consent for the annexation of the Property into the Trophy Club Municipal District No. I (the "District") and would respectfully show the following: I. The Property proposed o be included within the Trophy Club Municipal Utility District No. I contains approximately4,97' acres of land, more or less, situated in Denton County, Texas. The Property lies wholly within the incorporated limits of the Town of Trophy Club. II. Petitioner is the sole owner of the Property. The Property currently receives water and wastewater service from the District through consent of the Town Council. At the present time, the property does not receive fire services from the District and annexation would allow the District to provide this service. IV. For the following reasons, there is a necessity for the above -described work: the area proposed to be within the District is urban in nature, is within. the Fort Worth/Dallas Metropolitan Complex. There is not presently available within the area fire fighting services. The health and welfare of the present and future users of the area and of territory adjacent thereto require fire services. A public necessity therefore exists for the annexation of the property into the District in order to provide for fire services to protect the public health and welfare of the community. Page 6 of 8 November 13, 2014 Minutes Page 73 of 83 THEREFORE, the Petitioner respectfully requests consent to the annexation of the Property into the District. RESPECTFULLY SUBMITTED this Z /l..day of o -'2014. MAW A-e PROP OWN R�AL NAME By. r-S --T) "i SIGNATtV OF PROPERTY OWNER Title: M a TITLE STATE OF TEXAS § COUNTY OF DENTON § Before me, the undersigned authority, on this day personally appeared Sfl rt1JJ7" `J- S M of EA V t - , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of said 3,1 vs 144UA66/nz-,P and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this th 2--*tday of 0 Cjo �✓ 2014. Seal Notary, State of Texas Cej�-1 OOmprak2ah T Goyal My Commbabn Expos 12/20/2017 Page 7 of 8 November 13, 2014 Minutes Page 74 of 83 EXHIBIT "1" WHEREAS SAVI MANAGEMENT COMPANY Is the owner of all the certain lot, tractor parcel of land slluated In the J. Henry Survey, Abstract Number 529 In the Town of Trophy Club, Denton County, Texas and being all of a called 4,5161 acre tract of land of land described In a deed to Savl Management Company, as recorded In County Clerk File Number 2011-93004, Real Property Records, Denton County, Texas, the subject tract being more particularly described as follows; BEGINNING at a capped Iron rod set in the South line of Bobcat Boulevard for the Northwest corner of the herein described tract, the Northwest comer of said 4,5161 acre tract and the most Northerly Northeast corner of Lot 1 In Block 1 of Independence Park East, an addition to the Town of Trophy Club according to the plat thereof recorded In Document Number 2011-53, Plat Records, Denton County, Texas; THENCE South 77 degrees 29 minutes 10 seconds East with the South line of said Boulevard and the North line of said 4,5161 acre tract, a distance of 400.25 feet to a capped Iron rod set at the beginning of a curve to the right having a radius of 993.00 feet and a chord bearing and distance of South 72 degrees 39 minutes 25 seconds East, 167.15 feet; THENCE Southeasterly with the arc of said curve, the South line of said Boulevard and the North line of said 4,5161 acre tract, an arc distance of 167.34 feet to a capped Iron rod set for the Northeast corner thereof and the Northwest comer of Lot 1 In Block 1 of Trophy Club Drive Church Addition, an addition to the Town of Trophy Club according to the plat thereof recorded in Document Number 2012-219, Plat Records, Denton County, Texas; THENCE South 20 degrees 42 minutes 53 seconds West with the West line thereof and the East line of said 4.5161 acre tract, a distance of 461.26 feet to a 5/8" iron rod found for an angle point In said line; THENCE South 65 degrees 33 minutes 35 seconds West with the West line of said Lot 1 and the East line of said 4.5161 acre tract, a distance of 140.13 feel to a capped Iron rod set for the most Southerly comer thereof, the most Westerly Northwest comer of said Lot 1 and being In an East line of said Lot 1 of Independence Park East; THENCE North 00 degrees 30 minutes 56 seconds West with an East line thereof and a West line of said 4.5161 acre tract, a distance of 250.15 feet to a capped Iron rod found for an inner ell comer thereof and the most Easterly Northeast corner of said Lot 1; THENCE South 89 degrees 31 minutes 54 seconds West with a North line thereof and a South line of said 4.5161 acre tract, a distance of 253.88 feet to a capped Iron rod set for the most Westerly Southwest comer thereof and an inner ell comer of said Lot 1; THENCE North 00 degrees 31 minutes 17 seconds West with an East line thereof and a West line of said 4.5161 acre tract, a distance of 377.92 feel to the PLACE OF BEGINNING and enclosing 4.52 acres of land more or less. Page 8 of 8 November 13, 2014 Minutes Page 75 of 83 ATTACHMENT J Proclamation 2014-12 November 13, 2014 Minutes Page 76 of 83 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO 2014-12 PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING THE WEEK OF NOVEMBER 23-29, 2014 AS CHILDHOOD CANCER AWARENESS WEEK IN TROPHY CLUB. WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection report cancer is the leading cause of death by disease among U.S. children between infancy and age 15. This tragic disease is detected in more than 15,000 of our country's young people each and every year. WHEREAS, one in five of our nation's children loses his or her battle with cancer. This includes over 250 children from Texas in the next year. Many infants, children and teens will also suffer from long-term effects of comprehensive treatment, including secondary cancers; and WHEREAS, founded over twenty years ago by Steven Firestein, a member of the philanthropic Max Factor family, the American Cancer Fund for Children, Inc. and Kids Cancer Connection, Inc. are dedicated to helping these children and their families; and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection provide a variety of vital patient psychosocial services to children undergoing cancer treatment at Children's Medical Center in Dallas, Cook Children's Hospital in Ft. Worth, as well as participating hospitals throughout the country, thereby enhancing the quality of life for these children and their families; and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection also sponsor Courageous Kid Recognition Award ceremonies, community Get Well cards and hospital celebrations in honor of a child's determination and bravery to fight the battle against childhood cancer. THEREFORE, I C. Nick Sanders, Mayor of the Town of Trophy Club, Texas, in recognition of this event do hereby proclaim the week of November 23-29, 2014, as CHILDHOOD CANCER AWARENESS WEEK PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 13th day of November 2014. /b C. Nick Sanders, Mayor Tam.m Ard, Town Secretary Town of Trophy Club, Texas Tow of Trophy Club, Texas November 13, 2014 Minutes Page 77 of 83 ATTACHMENT K Updated Staff Report regarding ZBA Appointments (presented at the dais) November 13, 2014 Minutes Page 78 of 83 TOWN OF * TROPHY CLUB (Ckk 0100 Municipal Drive .Trophy Club, Texas 76262 To: Mayor and Town Council From: Matt Jones, Senior Planner CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: ZBA Board appointments Town Council Meeting, Thursday, November 13, 2014 Agenda Item: Consider and take appropriate action regarding a Resolution repealing Resolution No. 2013-30 appointing a new resolution making annual appointments of citizens to serve on the Zoning Board of Adjustments (ZBA) and to reaffirming existing appointments; and providing an effective date. Explanation: On November 11, 2014, the Zoning Board of Adjustments (ZBA) met to interview prospective candidates for two (2) vacancies. Attachments: • Applications for six (6) candidates: o John Arnott Sr. o Flake Diane Barber o Jeffrey Beach o Michael Biggs o Robert Radder o Candice Vogt • Resolution 2014-45 Town Council Goals: ® Goal #1: Safe and secure community. ❑ Goal #2: Business -Friendly Economic Development ® Goal # 3: Strong Partnerships and Community Involvement ❑ Goal #4: Healthy, Picturesque, and Environmentally Sound ❑ Goal #5: Financial and Operational Stewardship Page 1 of 2 November 13, 2014 Minutes Page 79 of 83 Recommendation: The Board recommends approval of Resolution 2014-45 making annual appointments of Robert Radder (#1 expiring 2016) and Michael Biggs (#2 expiring 2016) and John Arnott Sr. (expiring 2015), Flake Diane Barber (expiring 2015), Jeffrey Beach (expiring 2015) and Candice Vogt (expiring 2015) to serve as alternates to serve on the Zoning Board of Adjustments (ZBA). Page 2 of 2 November 13, 2014 Minutes Page 80 of 83 ATTACHMENT L Executed Resolution 2014-45 November 13, 2014 Minutes Page 81 of 83 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2014-45 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING RESOLUTION 2013-22 AND ADOPTING A NEW RESOLUTION MAKING ANNUAL APPOINTMENTS AND REAFFIRMING EXISTING APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENT; PROVIDING FOR THE APPOINTMENT OF CITIZEN VOLUNTEERS TO SERVE ON THE ZONING BOARD OF ADJUSTMENT AND DESIGNATING TERMS OF SERVICE; DESIGNATING A PERSON TO SERVE AS CHAIR OF THE COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards and Commissions; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to the Boards, Commissions and Corporations serving the Town whose terms are expiring and to replace members who have resigned; and WHEREAS, on September 23, 2013, the Town Council of the Town of Trophy Club adopted Resolution No. 2013-22, repealing that portion of Section 2 of Resolution No. 2012-33 appointing citizens to serve on the Zoning Board of Adjustment for the 2013-2014 fiscal year and reaffirming the appointments of other previously appointed citizens; and WHEREAS, the Town Council generally takes action in September of each year to appoint residents to serve on various Town Board, Commission and Corporation seats; and WHEREAS, by passage of this Resolution, the Town Council hereby finds it appropriate to repeal Resolution No. 2013-22 and to adopt this Resolution making new citizen volunteer appointments and reaffirming current appointments to serve on the Zoning Board of Adjustment as well as designating a member of the Commission to serve as Chair. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the foregoing recitals are incorporated herein as if written word for word. Section 2, That the Town Council hereby repeals Resolution No. 2013-22 and adopts this Resolution to appoint and to reaffirm, as applicable, the following individuals to serve on the Zoning Board of Adjustment and to designate a Chair to RES 2014-45 Page 1 of 2 November 13, 2014 Minutes Page 82 of 83 serve on the Commission with respective terms of service ending on September 30 of the year specified below for each individual: Zoning Board of Adjustment 1. Robert Radder (2016) 4. Joe Hennig (2015) 2. Michael Biggs (2016) 5. Lou Opipare (2015) 3. Patia Boomsma (2015) Alt. John Arnott Sr. (2015) Alt. Jeffrey Beach (2015) Alt. Flake Diane Barber (2015) Alt. Candice Vogt (2015) Section 3. This Resolution shall take effect from and after its date of passage in accordance with law. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 13th day of November, 2014. A 0 Y ..f4 TamYhy Ard,( own Secretary Town of Trophy Club, Texas RES 2014-45 C. Nick Sanders, Mayor Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Page 2 of 2 November 13, 2014 Minutes Page 83 of 83