Minutes TC 12/09/2014MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, December 9, 2014 at 6 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, December 9, 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
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
Interim Town Secretary
April Reiling
PIO/Marketing Manager
Patrick Arata
Police Chief
Danny Thomas
Fire Chief
Adam Adams
Parks and Recreation Director
Mayor Sanders announced the date of Tuesday, December 9, 2014 called the Town Council to order and
announced a quorum at 6:30 p.m.
WORKSHOP SESSION
1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for December 9,
2014.
2. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for
the January 13, 2015 meeting.
Council Member Parrow would like agenda 3B Consider and take appropriate action regarding general signage
on poles and painted on roadbeds be placed on the January 13, 2015 council agenda.
Council Member Parrow would also like an item regarding the status of the RFP for Parks and discussion. Town
Manager Slye indicated this was referred to the Citizens Financial Advisory Board (CFAB) and the CFAB
recommendation will be brought forward to Council on January 13, 2015.
Council would also like to discuss the priorities of the items referred to CFAB for recommendation and place
them in order of importance.
December 9, 2014 Minutes Page 1 of 39
Mayor Sanders wanted to know the status of Royal Troon and when it would be brought before Council. Adam
Adams, Director of Parks & Recreation indicated it would be brought forward on the January 27th Council
meeting.
Mayor Sanders indicated he would like a workshop session agenda item on January 13th regarding the
handbook for elected and appointed officials for Council to provide some direction to staff regarding the items
they want addressed.
Mayor Pro Tem Lamont would like to review the sign ordinance, political and real estate signs. Town Manager
Slye indicated we need to address the sponsorship signs as well and this item would not be ready to review
prior to the January 27th Council meeting.
Town Manager Slye updated Council regarding some items that will be on the January 13th meeting that have
been brought forward since the agenda was posted for tonight's meeting:
• Denton County EMS Agreement (consent agenda)
• Contract for the Broadway/Highland drainage component that was approved in the budget
3. Discussion of items from future agenda list:
A. Consider and take appropriate action regarding policy on equipment schedule for replacement
program. (Shoffner 8/26/2014)
Council Member Shoff ner would like a policy brought back that encompasses a point system or measureable
variables on a future agenda.
Council requested Town Manager Mike Slye to look at written policies with more measurable factors for all
departments. Town Manager Slye indicated the Town currently uses a depreciation schedule as well as other
factors to determine replacement such as age, mileage, hours of operation, repairs, etc.
B. Consider and take appropriate action regarding general signage on poles and painted on road beds.
(Parrow 8/26/2014)
Item will be brought back to workshop session on January 13, 2015 agenda.
C. Consider and take appropriate action regarding crosswalk safety enhancements. (Rowe 9/9/2014)
Council would like staff to bring back a few options regarding current crosswalk sites.
D. Review of policies related to employees compensation for auto allowances and retirement plans.
(Sanders 9/9/2014)
Council would like a policy for auto allowances. Council does not want retirement plans included in salaries
moving forward.
This item was removed from the future agenda and replaced with the following:
Consider and take appropriate action regarding review of a policy related to auto allowances.
CONVENE INTO REGULAR SESSION - START TIME — 6:14 P.M.
The Invocation was offered by Adam Adams.
The Pledges were led by Chief Arata.
December 9, 2014 Minutes Page 2 of 39
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.
Chuck Hall, 4 Shady Oaks Court addressed the council regarding fall leave removal from the streets.
REGULAR SESSION
4. Consider and take appropriate action regarding a non-exclusive Agreement between the Town and TCR
Youth Baseball Association for the use of Independence Park baseball and concession facilities for the
Spring and Fall 2015 baseball seasons; providing for terms of usage and fees; and authorizing the Mayor or
his designee to execute all necessary documents.
Attachment A — Executed TCR Youth Baseball Agreement for Fall 2014 Baseball Season
Parks & Recreation Director Adam Adams provided an overview of the recent activity surrounding the TCRYBA
contract. The Parks & Recreation Board subcommittee that worked on preliminary contract negotiations agreed to
the proposed numbers in the contract. John Watson, TCRYBA President and Brandon Hennig, TCRYBA Vice
President were present and spoke to Council regarding the association and aspects of the contract.
In order to open registration, the fee schedule must be set and TCRYBA would like to open registration as soon as
possible. The non-resident fee has doubled from last year and the select registration has tripled since last year.
Council has further questions regarding the contract and history, and would like to look at possibly increasing the
fees for non-residents to cover park maintenance costs.
A suggestion was made to approve a 6 -month contract so the association could move forward with baseball
registration and the Council would have time to further examine the contract and financial component.
Main motion
Motion made by Council Member Rowe, seconded by Council Member Reed, to approve the Baseball Agreement
as printed with the exception of section 1.02 having the term expire on a date after the completion of the spring
season**. (with the intention of fully engaging the park board, Adam Adams and the TCRYBA)
** Spring season last tournament June 27, 2015 - June 29, 2015
From TCR Youth Baseball Agreement for Fa112014 Baseball Season
1.02 Term. The term of this Agreement shall commence on January 1, 2015 and shall end on December 31, 2015,
unless otherwise terminated as provided herein. After the initial term has expired, this contract will
automatically renew for (3) additional terms of one (1) year each, provided that each such renewal is not
contested by either party within ninety (90) days of the contract's expiration date.
Amendment according to the motion:
1.02 Term. The term of this Agreement shall commence on January 1, 2015 and shall end on ^^^^n"^r " 2015
June 30, 2015, unless otherwise terminated as provided herein. After the initial term has expired, this
contract will automatically renew for (3) additional terms of one (1) year each, provided that eae# such
renewal is not contested by either party within ninety (90) days of the contract's expiration date.
December 9, 2014 Minutes Page 3 of 39
Amended motion
Motion made by Council Member Shoffner seconded by Mayor Pro Tem Lamont to add 'of recreation' behind vice
president in section 8.01 A.
From TCR Youth Baseball Agreement for Fall 2014 Baseball Season
8.01 Termination for Cause. Upon the occurrence of any one or more of the following events, the Town in its
sole discretion may elect to terminate this Agreement upon ten (10) days written notice of default to
TCRYBA:
A. Neither the position of President, Vice -President, Treasurer nor the position of Secretary of TCRYBA is
held by a resident of the Town of Trophy Club; and
Amendment according to the motion:
8.01 Termination for Cause. Upon the occurrence of any one or more of the following events, the Town in its
sole discretion may elect to terminate this Agreement upon ten (10) days written notice of default to
TCRYBA:
A. Neither the position of President, Vice -President of Recreation, Treasurer nor the position of Secretary
of TCRYBA is held by a resident of the Town of Trophy Club; and
Amended motion carried 6-1-0 with Council Member Shoffner, Council Member Kurtz, Mayor Pro Tem Lamont,
Council Member Rowe, Council Member Reed and Council Member Parrow voting for and Mayor Sanders voting
against.
Motion to amend main motion
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow to amend the main motion for the
contract to commence on January 1, 2015 ending June 30, 2015 with one automatic renewal of six (6) months.
Amendment according to the motion:
1.02 Term. The term of this Agreement shall commence on January 1, 2015 and shall end on ^^^^^^"^r " 2015
June 30, 2015, unless otherwise terminated as provided herein. After the initial term has expired, this
contract will automatically renew for one (1) additional term of six (6) months (" GdditieRGI teFR ,. 4 eRe (4
Ye e#, provided that e4&4 such renewal is not contested by either party within ninety (90) days of the
contract's expiration date.
Motion carried 6-1-0 with Council Member Shoffner, Council Member Kurtz, Mayor Pro Tem Lamont, Council
Member Rowe, Council Member Reed and Council Member Parrow voting for and Mayor Sanders voting against.
Susan Edstrom, 269 Oak Hill Drive addressed the council opposing user fees
Main motion as amended
Motion passed unanimously.
S. Consider and take appropriate action regarding a recommendation from the Animal Shelter Board regarding
the future of the animal shelter facility.
Attachment B —Animal Shelter Board Future Facility Recommendation Presentation
Susan Edstrom, Chair of Animal Shelter Board provided a presentation regarding the recommendation on behalf of
the Animal Shelter Board regarding the future facility and addressed any questions council had.
Presentation only, no action taken.
COUNCIL RECESSED - 8.41 P.M.
RECONVENE INTO REGULAR SESSION - START TIME — 8:50 P.M.
December 9, 2014 Minutes Page 4 of 39
Consider and take appropriate action regarding the recommendation from the Information Technology
Subcommittee regarding the disposition of software jointly owned by the Town and Trophy Club Municipal
Utility District No. 1.
Motion made by Council Member Rowe, seconded by Council Member Reed, to pay Trophy Club Municipal Utility
District No. 1 a sum of $15,000 for software assets that have previously been paid for by Trophy Club Municipal
Utility District No. 1.
Motion carried 6-1-0 with Council Member Shoffner, Council Member Kurtz, Mayor Sanders, Council Member
Rowe, Council Member Reed and Council Member Parrow voting and Mayor Pro Tem Lamont voting against.
7. Consider and take appropriate action regarding proposed Town Council Meeting dates for January 2015.
Town Council retreat scheduled for Friday, January 23rd starting at 1:00 pm and Saturday, January 24th starting at
8:00 am.
8. Consider and take appropriate action regarding a Resolution of the Town repealing Resolution No. 2014-04
appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Town of Trophy Club,
Texas, and adopting this Resolution reaffirming existing appointments and appointing a member of the
Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term
of service; and providing an effective date.
Attachment C — Executed Resolution 2014-44
Motion made by Council Member Rowe, seconded by Mayor Sanders, to approve Resolution 2014-44 appointing
David Brod as the chair and reaffirming the existing appointments.
Motion carried 6-1-0 with Council Member Shoffner, Council Member Kurtz, Mayor Sanders, Council Member
Rowe, Council Member Reed and Council Member Parrow voting and Mayor Pro Tem Lamont voting against.
9. Town Council Liaison Updates; discussion of same.
* Citizen Financial Advisory Board - December 1st
Council Liaison - Mayor Pro Tem Lamont
10. Town Manager Slye's update regarding the following; discussion and provide input regarding same.
• Special Session Town Council Meeting - December 18th
• Human Resources Update
— Town Secretary Recruitment
— Director of Finance Recruitment
• Trophy Club Magazine Update
• No Solicitation Sign Update
• Update regarding Public Services Annex Building Discussion with Trophy Club Municipal Utility District
No. 1
• Gingerbread Cookie Decorating with Trophy Club Fire Department, December 12th
Town Manager Slye updated the Council and addressed questions; no action taken, update only.
December 9, 2014 Minutes Page 5 of 39
11. 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.
Consider and take appropriate action regarding review of a policy related to auto allowances. (added during
workshop item 31))
Mayor Pro Tem Lamont added 'Consider and take appropriate action regarding reviewing the schedules of fees for
outside baseball tournaments.'
EXECUTIVE SESSION
12. 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 — 9:48 P.M.
RECONVENE INTO REGULAR SESSION - START TIME -10:00 P.M.
RECONVENE INTO REGULAR SESSION
20. Consider and take appropriate action regarding the Executive Session.
No action taken.
ADJOURN
Motion made by Council Member Parrow, seconded by Council Member Reed, to adjourn. Motion carried
unanimously. Meeting adjourned at 10:01 p.m.
f
r.
(1. Tammy Andjnterim Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
December 9, 2014 Minutes Page 6 of 39
ATTACHMENT A
Executed TCR Youth Baseball Agreement for Fall 2014 Baseball Season
December 9, 2014 Minutes Page 7 of 39
THE STATE OF TEXAS §
COUNTY OF DENTON §
NON-EXCLUSIVE USE AGREEMENT BY AND BETWEEN
THE TOWN OF TROPHY CLUB
AND THE TCR YOUTH BASEBALL ASSOCIATION
THIS NON-EXCLUSIVE USE AGREEMENT is made and entered into by and
between the TOWN OF TROPHY CLUB, TEXAS (hereinafter referred to as "TOWN"),
acting by and through its Mayor or designee, and the TCR Youth Baseball Association
(hereinafter referred to as "TCRYBA"), acting by and through the President its Board of
Directors, or designee, (hereinafter "Agreement").
WITNESSETH:
WHEREAS, the TOWN owns and maintains TOWN parks and sports facilities on
Independence (hereinafter "Independence Park"); and
WHEREAS, the TCRYBA is comprised of various youth baseball teams for baseball
play; and
WHEREAS, the TCRYBA desires to use the TOWN parks and facilities as specifically
identified herein below; and
WHEREAS, maintenance and upkeep obligations shall be shared by Town and
TCRYBA as expressly set forth in this Agreement; and
WHEREAS, TCRYBA and TOWN agree that it serves their best interests to work with
TOWN; and
WHEREAS, TCRYBA and TOWN agree that the properties and facilities identified
herein shall be used by TCRYBA solely for the purpose of providing
baseball use for the members of the TCRYBA; and
WHEREAS, the parties agree that this Agreement supersedes any and all prior written
and/or oral agreements for use of Independence Park, and by execution of
this Agreement, the parties agree and intend that this Agreement shall
exclusively govern TCRYBA's use of Independence Park.
NOW THEREFORE, FOR AND IN CONSIDERATION of the above and
foregoing premises, the benefits flowing to each of the parties hereto, and other good
and valuable consideration, TOWN and TCRYBA do hereby agree as follows:
December 9, 2014 Minutes Page 8 of 39
INCORPORATION OF PREMISES / TERM
1.01 Incorporation of Premises. The foregoing premises to this Agreement are
incorporated herein for all purposes as if set out herein verbatim.
1.02 Term. The term of this Agreement shall commence on January 1, 2015 and shall
end on June 30, 2015, unless otherwise terminated as provided herein. After the
initial term has expired, this contract will automatically renew for one (1)
additional term of six (6) months, provided that such renewal is not contested by
either party within ninety (90) days of the contract's expiration date.
II.
INDEPENDENCE PARK / CONSIDERATION
2.01 Independence Park. TOWN, under the terms and conditions provided herein,
shall allow TCRYBA the non-exclusive use of Independence Park and facilities
within the parks as specifically identified in Exhibit "A", a copy of which is
attached hereto and incorporated herein, for athletic and sporting events, to wit,
baseball events.
2.02 Consideration. In addition to the fees otherwise provided herein, for the Spring,
2015 Season and the Fall 2015 Season (defined below), TCRYBA shall assess
and collect a fee for each child who does not live within the corporate limits of the
Town of Trophy Club or the City of Roanoke. Such fee shall be twenty dollars
($20.00) per child for each child who enrolls in the recreation division of the
TCRYBA baseball program and thirty dollars ($30.00) per child for each child
who enrolls in the select division of the TCRYBA baseball program. No later than
the twenty-first (21S) day after the commencement of regular season game play
for the Spring 2015 Season and for the Fall 2015 Season, TCRYBA shall remit to
Town all such fees collected and shall provide the written report required by
Section 12.02 of this Agreement.
In further consideration for the use of Independence Park, TCRYBA hereby
agrees to provide a proposed use schedule (which specifically identifies
complexes and fields to be used) to the TOWN at least seven (7) days before the
commencement of each seasonal practice schedule and at least fifteen (15) days
prior to each regular season game schedule. In the event of changes in the game
and or practice schedule, TCRYBA shall provide TOWN with a written notice at
least seventy-two (72) hours prior to the proposed change. Acceptance of the
proposed changes shall be within the sole discretion of the Town; provided
however, that acceptance shall not be unreasonably withheld.
2015 Non -Exclusive Use Agreement with TCRYBA
Page 2 of 13
December 9, 2014 Minutes Page 9 of 39
III.
USE SCHEDULING
3.01 Regular Season. The "Spring 2015 Season" shall run from the —first week of
February 2015 through the fourth week of June 2015 and the "Fall 2015 Season"
shall run from the second week of August 2015 through the fourth week of
November 2015, and shall include tryouts, all practice and league games,
tournaments and make-up games.
3.02 Tournament Rates. Upon thirty (30) days written notice and approval of
proposed scheduling by TOWN, TCRYBA shall be allowed to schedule one(1)
tournament during the Fall 2015 Season for a payment of Two Thousand Dollars
($2,000) and two (2) tournaments during the Spring 2015 season for a payment
of Two Thousand Dollars ($2,000) per tournament. Each tournament shall last no
longer than five (5) consecutive days, subject to extension due to inclement
weather. TCRYBA shall remit payment to Town on or before the eighth (8t") day
following the last day of each such tournament. For any additional tournaments
during the Fall 2015 Season and/or the Spring 2015 Season, TCRYBA shall pay
tournament fees as outlined in the applicable Schedule of Fees adopted by
TOWN.
3.03 Scheduling. TOWN and TCRYBA agree that scheduling of additional games
and practices on dates not contained in the TOWN approved schedule shall not
be permitted unless these additional times are mutually agreed to in writing by
the TOWN and TCRYBA, and if allowed, there shall be no additional cost to
TCRYBA. Use of Independence Park shall be limited to the sports games and
contests scheduled by TCRYBA, and TCRYBA shall provide written notice of
scheduling to the Parks and Recreation Department in accordance with the time
frames set forth in this Agreement. TCRYBA shall provide one point of
contact for all scheduling of Independence Park. No TCRYBA tournaments
and/or use of Independence Park by TCYRBA, other than that expressly
provided for under a TOWN approved schedule, shall be allowed by the TOWN.
Weather days, rain days, or suspension of play may require rescheduling of
events. TCRYBA shall provide written notice of such rescheduling requests to the
Parks and Recreation Department at least seventy-two (72) hours in advance
of the proposed schedule change.
TCRYBA shall designate one (1) day per week on which it will not be allowed to
use Independence Park for either practice or games. The proposed day shall be
submitted to the TOWN thirty (30) days prior to the commencement of regular
season practice for both the Spring 2015 Season and for the Fall 2015 Season,
and TOWN shall have exclusive authority to accept such designation or to
designate a different day.
2015 Non -Exclusive Use Agreement with TCRYBA
Page 3 of 13
December 9, 2014 Minutes Page 10 of 39
IV.
MAINTENANCE RESPONSIBILITIES
4.01 TOWN Maintenance Responsibilities. TOWN shall be responsible for all
routine maintenance of Independence Park, including the following:
1. watering;
2. mowing;
3. over seeding (as needed)
4. fertilization;
5. aerification;
6. top -dressing;
7. striping of the game fields, for league scheduled games & tournaments;
8. concession stand;
9. restrooms;
10. lighting;
11. irrigation;
12. turf management; and
13. other similar maintenance items
4.02 Repairs. TOWN shall have the sole discretion to determine nature and timing of
repairs and shall have the sole duty and responsibility for making repairs to all
permanent improvements owned by the TOWN such as fencing, buildings,
lighting, or other permanent structural improvements upon Independence Park.
4.03 TOWN Alterations. TOWN shall be permitted and shall have the right to make,
at its own expense, all alterations or additions to all or any portion of
Independence Parkas the TOWN determines appropriate in its sole discretion,
notwithstanding any conflicting provision of this Agreement.
4.04 TCRYBA Maintenance and Other Responsibilities: TCRYBA shall be
responsible for the following:
A. Maintenance and Improvements Generally. Maintenance or improvements
in addition to those provided by TOWN pursuant to this Section, shall be the
responsibility of TCRYBA and shall only be allowed upon the prior written
approval of TOWN.
B. Field Maintenance: TCRYBA through their President or designee shall
promptly notify the TOWN of all field maintenance requests, requests for
additional services or the existence of unsafe conditions by providing written
notice to the Park Superintendent and/or designee.
4.05. TCRYBA Alterations. TCRYBA shall not move, alter or remove, in whole or in
part, any improvement, fixed or movable, upon Independence Park, including
without limitation bleachers, without first obtaining the express written permission
2015 Non -Exclusive Use Agreement with TCRYBA
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December 9, 2014 Minutes Page 11 of 39
of the TOWN and then only in the event that the move, alteration or removal will
not subject such improvements or Independence Park to damage. Any such
move, alteration or removal shall be at the sole expense of TCRYBA.
4.06 Council Updates. An officer of the TCRYBA Board shall attend a Town Council
meeting and shall provide an update to the Town Council within thirty (30) days
after the last day of regular season play for both the Fall 2015 Season and the
Spring 2015 Season.
4.07 Ex -Officio Member. The Parks and Recreation Director or designee shall serve
as an ex -officio member of the Board of Directors of the TCRYBA. TCRYBA shall
email board meeting agendas to the Parks and Recreation Director or designee a
minimum of seventy—two (72) hours prior to each such TCRYBA Board meeting.
4.08 Sponsorship Opportunities. TCRYBA shall diligently pursue third party
sponsorships that will reduce the maintenance and operational costs of both
TCRYBA and TOWN, including without limitation, additional tournaments and
other TOWN authorized activities.
4.09 Events. TOWN and TCRYBA agree and understand that there is a benefit in
combining resources and participation in TOWN sponsored events. TCRYBA
agrees to work with TOWN in the joint scheduling and promotion of TOWN
events as practicable for both parties.
V.
Rules and Regulations / Closure/ Parkinq
5.01 TOWN Regulations. TCRYBA understands and agrees that its' use of the
Independence Park shall be allowed only in accordance with TOWN ordinances,
guidelines and regulations, including without limitation the following:
A. Athletic Facility Rainout Procedures: During questionable weather periods,
field playability status will be posted on the TOWN'S field conditions line by
12:00 p.m. weekdays and by 7:00 a.m. Saturdays, Sundays, and Holidays by
TOWN'S Parks Superintendent and/or designee. Emergency contact
numbers shall be distributed to TCRYBA designated officials prior to season
start. The field conditions line shall be updated as soon as possible when field
conditions change status.
B. Field Closure Policy and Procedure: TCRYBA shall cancel, delay or
postpone any games, tournaments, practices, scrimmages, camps or other
activities if severe weather conditions are present and/or when TOWN notifies
TCRYBA that supplemental watering will be conducted. Notwithstanding the
terms of this Agreement, TOWN, in its sole discretion, retains the right to
close any or all of Independence Park that is the subject of this Agreement.
The Park Superintendant and/or designee, at their sole discretion, may close
2015 Non -Exclusive Use Agreement with TCRYBA
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December 9, 2014 Minutes Page 12 of 39
Independence Park and suspend play at any time if, in TOWN'S sole
discretion, it is determined that continued use presents a risk of injury to
persons or damage to Independence Park or the general health, safety or
welfare of the public. In addition, all of a portion of Independence Park may
be closed for repair, remodeling or overseeding. In the event of closure for
such maintenance, TOWN shall timely notify TCRYBA officials in order to
minimize the impact on scheduling as much as reasonably possible. TOWN
also reserves the right to close all or a portion of Independence Park during
operational hours, and if resources are available, TOWN may offer
substitutions or alternatives for the use of Independence Park or offer
replacement premises or facilities.
5.02 Parking: During the term of this Agreement, TOWN shall provide TCRYBA with
access to and use of Independence Park east parking area. The repair and
maintenance of such parking lot shall remain the sole responsibility of the
TOWN.
VI.
TCRYBA USE OF TOWN PARK CONCESSION FACILITIES
6.01 Schedule. TCRYBA shall have the right to use the concession facilities at
Independence Park during the term of this Agreement.
6.02 Subleasing Prohibited. TCRYBA shall utilize the concession facilities only for
the purpose of vending and/or sale of concessions, food, beverages, or
merchandise. TCRYBA is strictly prohibited from leasing or sub -leasing the
concessions operation of any TOWN facility located on Independence Park
without written permission from the Director of Parks and Recreation.
6.03 As -Is Condition. The TCRYBA shall take Independence Park on an "as -is"
condition on the date of execution of this Agreement and there shall be no
obligation by the TOWN to make any other improvements to the concession
stands and/or any other Independence Park facilities. TCRYBA shall not make
any improvements or structural changes to any TOWN concession facility without
written permission by the Director of Parks and Recreation.
VII.
GENERAL REQUIREMENTS APPLICABLE TO TCRYBA
USE OF TOWN PROPERTY
7.01 Immunity: Nothing in this Agreement, or in any exhibit or attachment hereto,
shall be construed to affect, alter, or modify the immunity of either party under the
Texas Civil Practice and Remedies Code §§101.001 et seq. It is expressly
understood and agreed that in the execution of this Agreement, neither TOWN
nor TCRYBA waives, nor shall be deemed to waive, any immunity or defense
2015 Non -Exclusive Use Agreement with TCRYBA
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December 9, 2014 Minutes Page 13 of 39
that would otherwise be available to each against claims arising in the exercise of
governmental powers and functions.
7.02. Insurance: During the term of this Agreement TCRYBA shall obtain and
maintain, at its sole expense, general liability insurance with the minimum
amounts of $1,000,000 Bodily Injury Liability and $1,000,000 Property Damage
Liability while naming the TOWN of Trophy Club as an additional insured to
protect against potential claims arising out of the TCRYBA's use of the
Independence Park and the facilities. TCRYBA shall furnish TOWN with
certificates of insurance evidencing its compliance with this Paragraph at least
ten (10) days prior to the commencement of the term of this Agreement. Nothing
contained herein shall be construed to grant any third party rights or as a waiver
of any governmental and/or public purpose of the operation or use of all or a
portion of Independence Park.
7.03 No Third Party Beneficiary: For purposes of this Agreement, including its
intended operation and effect, the parties specifically agree and contract that: (1)
the Agreement only affects matters/disputes between the parties to this
Agreement, and is in no way intended by the parties to benefit or otherwise affect
any third person or entity, notwithstanding the fact that such third person or
entities may be in a contractual relationship with TOWN or TCRYBA or both; and
(2) the terms of this Agreement are not intended to release, either by contract or
operation of law, any third person or entity from obligations owing by them to
either TOWN or TCRYBA. This Agreement shall not create any third -party
beneficiaries.
7.04 Notice: Each notice or other communication which may be or is required to be
given under this Agreement shall be in writing and shall be deemed to have been
properly given when delivered by e-mail or personally during the normal business
hours of the party to whom such communication is directed, or upon receipt when
sent by United States registered or certified mail, return receipt requested,
postage prepaid, to the following addresses as may be designated by the
appropriate party; however, each party has a right to designate a different
address by giving the other party fifteen (15) days prior written notice of such
designation:
If to TCRYBA:
John Watson
TCR Youth Baseball Association
PO Box 1568
Roanoke, Texas 76262
2015 Non -Exclusive Use Agreement with TCRYBA
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December 9, 2014 Minutes Page 14 of 39
If to TOWN:
Adam Adams
Director of Parks and Recreation
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
7.05 Claims Against Parties: Each party shall be responsible for defending and/or
disposing of all causes arising against the respective party as a result of its use
or occupation of Independence Park. It is expressly understood and agreed that
in the execution of this Agreement, neither TOWN nor TCRYBA waives, nor shall
be deemed to waive, any immunity or defense that would otherwise be available
to each against claims arising in the exercise of governmental powers and
functions.
7.05 Entire Agreement: This Agreement contains the entire agreement of the parties
hereto, and no other oral or written commitments shall have any force or effect if
not contained herein.
7.06 Severability: In case any one (1) or more of the provisions contained herein
shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision
thereof, and this Agreement shall be construed as if such invalidity, illegality or
unenforceable provision had never been contain herein.
7.07 Authority: The undersigned officers and/or agents are authorized to execute this
Agreement on behalf of the parties hereto, and each party hereto certifies to the
other that any necessary resolutions extending such authority have been duly
passed and are now in full force and effect.
7.08 Defective Conditions. TCRYBA shall promptly report to TOWN any defects or
dangerous conditions it discovers on or concerning Independence Park or other
TOWN property, and shall cease any such use until such defect or condition is
repaired or cured, provided TOWN shall not have an obligation to repair or cure
any such defect of condition.
VIII.
TERMINATION
8.01 Termination for Cause. Upon the occurrence of any one or more of the
following events, the Town in its sole discretion may elect to terminate this
Agreement upon ten (10) days written notice of default to TCRYBA:
A. Neither the position of President, Vice -President of Recreation, Treasurer nor
the position of Secretary of TCRYBA is held by a resident of the Town of
Trophy Club; and
2015 Non -Exclusive Use Agreement with TCRYBA
Page 8 of 13
December 9, 2014 Minutes Page 15 of 39
B. TCRYBA fails to take action to appoint a Trophy Club resident to at least one
(1) of the required positions set forth in subsection A within sixty (60) days
after the date upon which none of the required positions are held by a Trophy
Club resident.
C. TCRYBA defaults by failing to timely remit payment to TOWN in accordance
with the provisions of this Agreement or otherwise defaults upon any one or
more of its obligations under this Agreement, and TCRYBA has failed to
remedy such default within ten (10) days of the date of TOWN'S written notice
of default to TCRYBA.
8.02 Termination Without Cause. Either party may terminate this Agreement with or
without cause, by giving ninety (90) days prior written notice of the date of
termination to the other party. Upon termination, all permanent improvements
shall remain the property of TOWN and all personal property shall remain the
property of the party paying for such personal property. Removal of personal
property or improvements shall be subject to the terms contained herein.
However, all personal property and improvements remaining on Independence
Park property for ninety (90) days after the date of termination of this Agreement
shall become the personal property and improvements of the TOWN.
IX.
REMEDIES
No right or remedy granted or reserved to the parties is exclusive of any other right or
remedy herein by law or equity provided or permitted; but each shall be cumulative of
every other right or remedy given hereunder. No covenant or condition of this
Agreement may be waived without written consent of the parties. Forbearance or
indulgence by either party shall not constitute a waiver of any covenant or condition to
be performed pursuant to this Agreement.
X.
APPLICABLE LAW
This Agreement is governed by the laws of the State of Texas; exclusive venue for any
action shall be in Denton County, Texas.
XI.
ASSIGNMENT
TCRYBA shall not assign, sublet, subcontract or transfer all or a portion of its rights or
obligations under this Agreement without the prior written approval of the TOWN.
2015 Non -Exclusive Use Agreement with TCRYBA
Page 9 of 13
December 9, 2014 Minutes Page 16 of 39
XII.
GENERAL REQUIREMENTS
12.01 Financials. TCRYBA shall provide financials for review by Town on or before the
first Monday in February, 2015 for the previous Fall 2014 Season, on or before
the first Monday in August, 2015 for the Spring 2015 Season, and on or before
the first Monday in February, 2016 for the Fall 2015 Season. This requirement
shall survive termination and/or expiration of this Agreement.
12.02 Reports. On or before the twenty-first (21S) day following the commencement of
the Spring 2015 Season and the Fall 2015 Season, TCRYBA shall provide a
written report identifying the total number of TCRYBA registered players, the city
of residence for each such player, the associated age division for each such
player, and the classification of the player as a member of a recreation team or a
select team.
12.03 Board Members. On or before the twenty-first (21S) day following the
commencement of the Spring 2015 Season and the Fall 2015 Season, TCRYBA
shall provide a list of the names and city of residence for each TCRYBA board
member.
12.04 Background Checks. TCRYBA shall require that each person volunteering to
serve as a board member, head coach and/or an assistant coach, or in any other
capacity pass a background check. Additionally, all adult umpires shall be
required to successfully pass a background check. TCRYBA approved standards
for successful completion of a background check shall be provided to TOWN,
and any person failing to meet such standards shall not be allowed to volunteer,
serve or otherwise work for TCRYBA in any manner or capacity.
WITNESS! TCR\YOUTH BASEEALL ASSOCIATION
in Watson, President
R Youth Baseball Association
2015 Non -Exclusive Use Agreement with TCRYBA
Page 10 of 13
December 9, 2014 Minutes Page 17 of 39
ATTEST: TOWN OF TROPHY CLUB, TEXAS
By:
C. Nick Sanders, ayor
Town of Trophy Club, Texas
Az
Tahamy Ard, gown Secretary
Town of Tro y Club, Texas
APPROVED AS TO FORM:
By:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
2015 Non -Exclusive Use Agreement with TCRYBA
Page 11 of 13
December 9, 2014 Minutes Page 18 of 39
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the _ day of
, 2014 by C. Nick Sanders, Mayor of the TOWN OF TROPHY
CLUB, TEXAS, a home rule municipal corporation, on behalf of such corporation.
Notary Public in and for the
State of Texas
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the _ day of
2014 by John Watson, President of the TCR YOUTH
BASEBALL ASSOCIATION, a nonprofit corporation, on behalf of such corporation.
Notary Public in and for the
State of Texas
2015 Non -Exclusive Use Agreement with TCRYBA
Page 12 of 13
December 9, 2014 Minutes Page 19 of 39
EXHIBIT "A"
(TOWN FIELDS & FACILITIES TO BE USED BY TCRYBA)
INDEPENDENCE PARK
Field #1
Field #2
Field #3
Field #4
Field #5
Field #6
Field #7
Batting cages
T -ball practice field
Concession #1
Concession #2
Parking
2015 Non -Exclusive Use Agreement with TCRYBA
Page 13 of 13
December 9, 2014 Minutes Page 20 of 39
ATTACHMENT B
Animal Shelter Board Future Facility Recommendation Presentation
December 9, 2014 Minutes Page 21 of 39
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ATTACHMENT C
Executed Resolution 2014-44
December 9, 2014 Minutes Page 37 of 39
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2014-44
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2014-04
APPOINTING CITIZENS TO SERVE ON THE BOARD OF DIRECTORS
OF REINVESTMENT ZONE NO. ONE, TOWN OF TROPHY CLUB
TEXAS AND ADOPTING THIS RESOLUTION REAFFIRMING EXISTING
APPOINTMENTS AND APPOINTING A MEMBER OF THE BOARD OF
DIRECTORS OF REINVESTMENT ZONE NO. ONE, TOWN OF TROPHY
CLUB, TEXAS TO SERVE AS CHAIRPERSON FOR THE BOARD, AND
DESIGNATING A TERM OF SERVICE; 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 February 3, 2014, the Town Council adopted Resolution No.
2014-04 to appoint residents to serve on the Board of Directors of Reinvestment Zone
No. One, Town of Trophy Club (Board), and designating a person to serve as
Chairperson for the Board; and
WHEREAS, state law mandates that one person be appointed to serve as the
Chairperson for the Board of Reinvestment Zone No. One, with a term of service for the
Chairperson being for one (1) year and commencing on January 1 of each year; and
WHEREAS, the term of service for the currently designated Chairperson for the
Board expires on December 31, 2014; and
WHEREAS, the Town Council desires to appoint a member of the Board of
Directors to serve as a Chairperson with a term commencing on January 1, 2015 and
expiring on December 31, 2015; and
WHEREAS, by passage of this Resolution, the Town Council hereby repeals
Resolution No. 2014-04 and adopts this Resolution to designate a member of the Board
of Directors to serve as Chairperson for the period commencing January 1, 2015 and
expiring on December 31, 2015 as set forth herein and to reaffirm current appointments
as specifically provided below:
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
RES 2014-44 Page 1 of 2
December 9, 2014 Minutes Page 38 of 39
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. 2014-04, to
appoint a Chairperson and to reaffirm existing appointments as applicable, the following
individuals to serve on the Board of Directors of Reinvestment Zone No. One, Town of
Trophy Club, Texas and designating a Chairperson for the Board as specified below:
Reinvestment Zone No. 1, Town of Trophy Club, Texas
1. Carolyn Simms (2015) (Tarrant County) 4. Jared King (2015)
2. *David Brod (2016) (EDC -4B) 5. Adam Broyles (2016)
3. Darryl Howard (2016)
*Board Chair - appointment expires December 31, 2014
"Board Chair — appointment expires December 31, 2015.
Section 3. That this Resolution shall become effective from and after its date of
passage in accordance with the law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, on this 9th day of December, 2014.
ATTEST
Tarfimy Ard
To of Tr(
RES 2014-44
cy
r
c
M
grim Town Secretary
Club, Texas
c/
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
December 9, 2014 Minutes Page 39 of 39