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Agenda Packet TC 04/14/2015I (� . �* TOWN OF TROPHY CLUB Tuesday, April 14, 2015 INVOCATION PLEDGES Trophy Club Entities Meeting Agenda Town Council 100 Municipal Drive Trophy Club, Texas 76262 7:00 PM Svore Municipal Building Boardroom Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. WORKSHOP SESSION 1. 2015-0216-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for April 14, 2015. 2. 2015-0217-T Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the April 28, 2015 meeting. Attachments: April 28, 2015 Upcoming Agenda.pdf 3. 2015-0249-T Discussion regarding amendments to the contract between the Town and TCR Youth Baseball Association, including tournaments, to be effective January 2016. Attachments: Current Non -Exclusive Use Agreement by and between the Town and the TCR 4. 2015-0218-T Discussion of items from future agenda list: A. Consider and take appropriate action regarding parking on Parkview and Park Lane, and options for Police Department mitigation. (Rowe 9/9/2014) (1 -Jan 13) (2 -April-14) B. Consider and take appropriate action regarding July 4th festivities. (Sanders 1/13/2015) (1 -April 14) 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. Town Council Page 1 of 321 Meeting Date: April 14, 2015 Town Council Meeting Agenda April 14, 2015 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. 5. 2015-0219-T Consider and take appropriate action regarding the Minutes dated March 2, 2015. Attachments: Draft TC Special Session Minutes March 2, 2015.pdf 6. 2015-0220-T Consider and take appropriate action regarding the Minutes dated March 10, 2015. Attachments: Draft TC Minutes March 10, 2015.pdf 7. 2015-0221-T Consider and take appropriate action regarding the purchase of tasers for the Police Department through a Sole Source provider; authorize the Town Manager or his designee to execute all necessary documents. Attachments: Staff Report - PD Tasers X26P.pdf Taser Sole Source Reguest.pdf Taser Sole Source Letter.pdf 8. 2015-0222-T Consider and take appropriate action regarding the Second Quarter Investment Report for Fiscal Year 2015. Attachments: Staff Report - 2nd Quarter Investment Report. pdf 2nd Quarter Investment Report for Fiscal Year 2015.pdf 9. 2015-0238-T Consider and take appropriate action regarding the updated Strategy Map with the Trophy Club Town Council mission, responsibilities and principles. Attachments: 2015 Strategy Map.pdf PUBLIC HEARING 10. 2015-0240-T Public hearing regarding a request to amend Ordinance No. 95-20 and subsequent amendments thereto, creating and amending PD Planned Development District No. 13, an approximate 3.8 acre tract of land and part of the "Village" Shopping Center, located on Lot 1, The Village at Trophy Club, 2001 State Highway 114, Trophy Club, TX, by amending Exhibit "C" entitled "Development Standards" to allow an additional permitted retail use for Tract 1, to allow Indoor Canine Retail and Training; and providing a definition for that use. Attachments: Staff Report - PD 13 Amendment. Pdf Exhibit A. Pdf Exhibit B.pdf Exhibit C.pdf Exhibit D.pdf Exhibit E.Pdf ORD 2015-08 PZ PD -13 Amendment.pdf Town Council Page 2 of 321 Meeting Date: April 14, 2015 Town Council Meeting Agenda April 14, 2015 REGULAR SESSION 11. 2015-0241-T Consider and take appropriate action regarding an Ordinance amending Ordinance No. 95-20 and subsequent amendments thereto, creating and amending PD Planned Development District No. 13, an approximate 3.8 acre tract of land and part of the "Village" Shopping Center, located on Lot 1, The Village at Trophy Club, 2001 State Highway 114, Trophy Club, TX, by amending Exhibit "C" entitled "Development Standards" to allow an additional permitted retail use for Tract 1, to allow Indoor Canine Retail and Training; and providing a definition for that use. 12. 2015-0250-T Consider and take appropriate action regarding proposed discussion topics for agenda items to be considered at the Joint Meeting with the Trophy Club Municipal Utility District No. 1 on April 28, 2015. 13. 2015-0227-T Consider and take appropriate action regarding a Proclamation proclaiming May 2015 as Motorcycle Safety and Awareness Month in Trophy Club. Attachments: PRO 2015-07 Motorcycle Safety and Awareness Month.pdf 14. 2015-0245-T Consider and take appropriate action regarding a Proclamation proclaiming April 2015 as National Child Abuse and Neglect Prevention Month in Trophy Club. Attachments: PRO 2015-08 National Child Abuse and Neglect Prevention Month.pdf 15. 2015-0230-T Recognition of Town Staff and Citizen Volunteers who participated in the 2015 Warrant Round Up; discussion of same. 16. 2015-0247-T Presentation from Development Services Manager Pat Cooke and Patrick Prather, President of Municipal Mosquito, regarding West Nile monitoring; discussion of same. 17. 2015-0239-T Consider and take appropriate action regarding planning and construction of municipal facilities, funding sources, impact on tax rate, communication with and input from residents. 18. 2015-0243-T Consider and take appropriate action regarding the dissolution of the Town Council Municipal Facilities sub -committee. 19. 2015-0223-T Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2014-2015 Budget of the Town (Budget Amendment No. 1); providing an amendment for the appropriation of funds related to changes to equipment, services, and personnel, including amendments impacting the EDC 4B and CCPD budgets; and providing an effective date. Attachments: Staff Report - Budget Amendment No 1 - FY15.pdf Ord 2015-07 Budget Amendment No 1.Pdf Town Council Page 3 of 321 Meeting Date: April 14, 2015 Town Council Meeting Agenda April 14, 2015 20. 2015-0224-T Consider and take appropriate action regarding an Ordinance amending the Code of Ordinances of the Town by adding Article III, "Tax on Telecommunications Services" to Chapter 15, "Taxation" in order to repeal the sales tax exemption on telecommuncations services sold within the boundaries of the Trophy Club Crime Control and Prevention District (the corporate boundaries of the Town) and thereby levying a tax on those services at the maximum rate authorized by law for other local sales and use taxes; providing a penalty; and providing an effective date. Attachments: Staff Report - Repeal of Telecommunications Exemption (CCPD).Pdf Jurisdictions That Impose Local Sales Tax on Telecommunications Services.pol ORD 2015-06 Telecommunications Tax.pdf 21. 2015-0233-T Town Council Liaison Updates; discussion of same: Citizens Financial Advisory Board, April 13, 2015 Council Liaison - Mayor Pro Tem Greg Lamont 22. 2015-0234-T Town Manager Seidel's update regarding the following; Council discussion and provide input regarding same. • No Soliciting Signs • Competitive Bid for Park Services • Verizon Cellular Tower 23. 2015-0235-T Items for Future Agendas. Attachments: Items for Future Agendas updated 4-8-2015.pdf EXECUTIVE SESSION 24. 2015-0236-T Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following A. Section 551.074(a)(1), Personnel Matter. To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Town Secretary/RMO, Holly Fimbres B. Section 551.072, Deliberation about Real Property. To deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: Potential sites for the location of a new Police and Town Hall Facility, Annex Building, and Potential Lease of Property RECONVENE INTO REGULAR SESSION 25. 2015-0237-T Consider and take appropriate action regarding the Executive Session. ADJOURN Town Council Page 4 of 321 Meeting Date: April 14, 2015 Town Council Meeting Agenda April 14, 2015 * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on April 9, 2015, by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. Holly Fimbres Town Secretary/RMO If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary's Office at 682-831-4600, 48 hours in advance, and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the day of 2015. Title: Town Council Page 5 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0216-T Version: 1 Name: Type: Agenda Item Status: Workshop File created: 3/30/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Discussion of agenda items posted for consideration on the Regular Session Council Agenda for April 14, 2015. Attachments: Date Ver. Action By Action Result Discussion of agenda items posted for consideration on the Regular Session Council Agenda for April 14, 2015. Town Council Page 6 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0217-T Version: 1 Name: Type: Agenda Item Status: Workshop File created: 3/30/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the April 28, 2015 meeting. Attachments: April 28, 2015 Upcoming Agenda.pdf Date Ver. Action By Action Result Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the April 28, 2015 meeting. Town Council Page 7 of 321 Meeting Date: April 14, 2015 STAFF Meeting Date 4/28/2015 RPT RES ORD PROC File ID Dept JOINT MEETING WITH TCMUD NO. 1 Town Sec Workshop Discussion of agenda items posted for consideration on the Regular Session Council Town Sec Agenda for April 28 2015. Discussion of Agenda Items posted for consideration on the upcoming Regular Town Sec Session Council Agenda for the MaV 12 2015 meeting. Presentation from GSBS Principal Tom Batenhorst. Town Mgr STAFF Consent RPT RES ORD PROC File ID Dept Consider and take appropriate action regarding the Minutes dated March 24, 2015. Town Sec Consider and take appropriate action for an Ordinance regarding animals. X X Police STAFF Regular Session RPT RES ORD PROC File ID Dept Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 7, 2015, as Day of Prayer in Trophy Club. X Town Sec Recognition of the 2014 Citizen of the Year Nominees and announce the recipients; X Marketing discussion of the same. Presentation of the Popular Annual Financial Report (PAFR). Finance Consider and take appropriate action regarding the acceptance of the Audit for the X Finance Town of Trophy Club Fiscal Year 2013-2014. Consider and take appropriate action regarding the Mid -Year Financial Report for X Finance Fiscal Year 2015. Discuss and take appropriate action regarding options provided by the Town Staff for general signage on poles and painted on road beds regulating traffic within and Town Mgr around the Round -About discussed at the Town Council meeting on February 24, Consider and take appropriate action regarding an Interlocal Agreement with the Town of Westlake for illuminated street signs. X Town Mgr Consider and take appropriate action regarding Verizon. X Town Mgr Town Council Liaison Updates; discussion of same: Town Sec Town Manager Seidel's update regarding the following; discussion and provide input Town Mgr regarding same. Items for Future Agendas. Town Sec STAFF Executive Session RPT RES ORD PROC File ID Dept Pursuant to the following designated sections of Texas Government Code, Annotated, Subchapter 551 (Texas Open Meetings Act), the Council will enter into Town Sec executive session to discuss the following items: A. To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Town Attorney, Patricia Adams B. 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 thirdperson: Potential sites for the location of a new Police and Town Hall Facility, Annex Building, and Potential Lease of Property STAFF Regular Session RPT RES ORD PROC File ID Dept Consider and t q@(K&qriate action regarding the Executive Ses�3*9g of 321 ate: A ril 14. 20 5Town Sec 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: Town Council Page 9 of 321 Meeting Date: April 14, 2015 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 (21St) 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 Town Council Page 10 of 321 Meeting Date: April 14, 2015 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 Town Council Page 11 of 321 Meeting Date: April 14, 2015 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 Page 4 of 13 Town Council Page 12 of 321 Meeting Date: April 14, 2015 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 Page 5 of 13 Town Council Page 13 of 321 Meeting Date: April 14, 2015 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 Page 6 of 13 Town Council Page 14 of 321 Meeting Date: April 14, 2015 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 Page 7 of 13 Town Council Page 15 of 321 Meeting Date: April 14, 2015 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 Town Council Page 16 of 321 Page 8 of 13 Meeting Date: April 14, 2015 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 Town Council Page 17 of 321 Meeting Date: April 14, 2015 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 Town Council Page 18 of 321 Meeting Date: April 14, 2015 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 Town Council Page 19 of 321 Meeting Date: April 14, 2015 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 Town Council Page 20 of 321 Meeting Date: April 14, 2015 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 Town Council Page 21 of 321 Page 13 of 13 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0218-T Version: 1 Name: Type: Agenda Item Status: Workshop File created: 3/30/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Discussion of items from future agenda list: A. Consider and take appropriate action regarding parking on Parkview and Park Lane, and options for Police Department mitigation. (Rowe 9/9/2014) (1 -Jan 13) (2 -April -14) B. Consider and take appropriate action regarding July 4th festivities. (Sanders 1/13/2015) (1 - April 14) Attachments: Date Ver. Action By Action Result Discussion of items from future agenda list: A. Consider and take appropriate action regarding parking on Parkview and Park Lane, and options for Police Department mitigation. (Rowe 9/9/2014) (1 -Jan 13) (2 -April -14) B. Consider and take appropriate action regarding July 4th festivities. (Sanders 1/13/2015) (1 -April 14) Town Council Page 22 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0219-T Version: 1 Name: Type: Agenda Item Status: Consent Agenda File created: 3/30/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Consider and take appropriate action regarding the Minutes dated March 2, 2015. Attachments: Draft TC Special Session Minutes March 2, 2015.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding the Minutes dated March 2, 2015. Town Council Page 23 of 321 Meeting Date: April 14, 2015 MINUTES FROM A SPECIAL SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, March 2, 2015 at 8:00 A.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Monday, March 2, 2015. 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 TOWN COUNCIL MEMBERS ABSENT: Philip Shoffner Council Member, Place STAFF AND GUEST(S) PRESENT: Stephen Seidel Acting Town Manager Patricia Adams Town Attorne Holly Fimbres Town Sec Mayor Sanders announ quorum at 8:12 a.m. SPECIAL SESSI 5, called the Town Council to order and announced a 1. Consider and take approl0fte actio'garding the appointment of Stephen Seidel as Town Manager and his employment agreement with the Town; and authorizing the Mayor or his designee to execute necessary documents.. The Town Council we Executiv ssion to discuss item as posted for Item 2 (A). EXECUTIVE SESSION 2. Pursuant to the following designated sections of Texas Government Code, Annotated, Subchapter 551 (Texas Open Meetings Act), the Council will enter into executive session to discuss the following items: A. Section 551.074(a)(1), Personnel Matters. To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a)(1) of the Texas Open Meetings Act: Town Manager employment offer with Stephen Seidel CONVENE INTO EXECUTIVE SESSION - START TIME —8:13 A.M. March 2, 2015 Town Council Special Session Minutes Page 1 of 2 Town Council Page 24 of 321 Meeting Date: April 14, 2015 RECONVENE INTO SPECIAL SESSION - START TIME — 9:21 A.M. RECONVENE INTO SPECIAL SESSION 3. Consider and take appropriate action regarding the Executive Session. Discussion took place regarding Stephen Seidel's Employment Agreement specific to the following sections: Term; Compensation; Town Manager Benefits; Buy -Out; Performance Evaluation; and Conflict of Interest. Additional discussion ensued regarding his annual reviews and possible raises. Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to extend an offer of employment to Acting Town Stephen Seidel for the position as Town Manager, with the Employment Contract as amended in this session, including the increase of base salary to $152,450, and authorizing the Mayor to execute necessary documents. Motion passed unanimously. � ADJOURN Motion made by Council Member Rowe, seconded by unanimously. Meeting adjourned at 9:47 Holly Fimbres, Town Se Town of Trophy Club, T ders, Mayor Lhy Club, Texas Motion carried March 2, 2015 Town Council Special Session Minutes Page 2 of 2 Town Council Page 25 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0220-T Version: 1 Name: Type: Agenda Item Status: Consent Agenda File created: 3/30/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Consider and take appropriate action regarding the Minutes dated March 10, 2015. Attachments: Draft TC Minutes March 10, 2015.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding the Minutes dated March 10, 2015. Town Council Page 26 of 321 Meeting Date: April 14, 2015 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, March 10, 2015 at 7:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, March 10, 2015. The meeting was held within the boundaries of the Town and was open to the public. STAT COUI TOW C. Ni Greg Jim P Rhylz Tim N PhiliF TOW Garr( STAF Stepl Patri Holly Adan Patri John May( a qu( The I The F 1. announced r March 10, Council Member Shoffner asked why Item No. 6, a policy related to auto allowances, from the Town Council Future Agenda Items List was not on tonight's agenda for an update. Town Manager Seidel stated that he has heard from the Town Council formally and informally not to offer auto allowances to all employees. He has moved forward with not offering auto allowances to employees, which includes newly hired Assistant Town Manager/CFO Steven Glickman. TIz=hGdi)jQ H5 Town Council Minutes Page 27 of 321 Meeting Date: Rtp0b114p2035 Mayor Sanders asked the Town Council if they wanted to have a future agenda item to discuss a policy related to auto allowance, and it was the consensus of the Town Council to remove Item No. 6 from the Town Council Future Agenda Items List. 2. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the March 24, 2015 meeting. Mayor Pro Tem Lamont asked if the upcoming agenda item for the baseball contract will also include tournaments. Town Manager Seidel stated that the plan is to meet with the baseball association th topics which will include tournaments. Council Member Shoffner stated that the item should be on a workshop sessio Town Manager Seidel stated that this item will be placed as a worksho baseball association. Council Member Rowe stated that after the Town Council Retr addressed related to this item, which he provided to Town Mj be addressed prior to the workshop session, to let him know a Mayor Sanders commented that he agreed that this item should be Council Member Rowe asked to have the prop Council Retreat in January 2015, to be presented Town Manager Seidel stated that T Mayor Sanders asked to have appropriate location. Town Manager Seidel state T Council Member asked the consenr rted Mayor ted that hCounci item off cons Council Mem was an item on (TCMUD No. 1) G and discuss several meeting with the he compiled a ITF items to be ted that if certain topics cannot some feedback. als, as discussed at the Town meeting. 24, 2015 agenda. an be displayed on the Town website and any other was a reason why the finance and variance report began to be placed on bust 2014. d lWhe item to begin being placed on the consent agenda, which allows n they have questions. FIthere was a violation within the Public Improvement District (PID) since there 5 agenda for a presentation from Trophy Club Municipal Utility District No. 1 r Jennifer McKnight. Mayor Sanders stated the Town received a letter of complaint regarding an alleged violation against the TCMUD No. 1; therefore Mrs. McKnight was asked to provide an update to the Town Council. Council Member Shoffner commented that the PID violation regarding infrastructure is now cleared. 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 Wm=hGdi)jQ H 5 Town Council Minutes Page 28 of 321 Meeting Date: Pp0b 24p2035 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. There were no citizen presentations. 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. 3. Consider and take appropriate action regarding the Minutes dated December, 9, 2014. (Town Secretary Note: Approved as presented in the Town Council agenda packet) 4. Consider and take appropriate action regarding the Minutes dated F ary 10, (Town Secretary Note: Approved as presented in the Town Council agenda packet) 5. Receive Annual Racial Profiling Report; discussion of same. 6. Consider and take appropriate action regarding a Resol rovidin ritten consent of the Town of Trophy Club to the inclusion of an approximate 6.3702 acr o , which is part of a 7.0441 acre tract of land situated in the Joseph Henry Survey, Abstract No. 52 , of Trophy Club, Denton County, Texas, conveyed by deed to the Corporation of the Presiding Bishop Church of Jesus Christ of Latter Day Saints, as recorded in County Clerk's File No. 2010-6544, Dento ounty Real Property Records, to be annexed into and thereafter included withinVouqoqof Trophy Club Municipal Utility District No. 1; and providing an effective date. Attachment A- Resolution No. 2015 Council Member Shoff ner commented that liked the w made within the minutes regarding the format of the votes. Motion made by Mayor Pro a econrFRO111111111111IFuncil Member Parrow, to approve the Consent Agenda Items 3 through 6. Motion passed REGULAR SESSION 7. Consider and take appropriate action regarding a Proclamation proclaiming March 15-21, 2015 as Poison Prevention Week in Trophy Club. Attachment B — Proclamation No. 2015-04 Council Member Parrow read the proclamation into the record. Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve Proclamation No. 2015-04, proclaiming March 15-21, 2015 as Poison Prevention Week in Trophy Club. Motion passed unanimously. 8. Consider and take appropriate action regarding a Proclamation proclaiming April 7, 2015 as Mayors Day of Recognition for National Service. Attachment C — Proclamation No. 2015-05 RawhaOud(5115 Town Council Minutes Page 29 of 321 Meeting Date: R pgi?'C302039 Council Member Parrow read the proclamation into the record. Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve Proclamation No. 2015-05, proclaiming April 7, 2015 as Mayors Day of Recognition for National Service in Trophy Club. Motion passed unanimously. 9 Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas expressing opposition to State legislation enacting a cap on property tax revenues collected by local governments due to the negative impact that would result froof local government authority to manage fiscal matters to meet the needs of its residents; and provi n effective date. Attachment D — Resolution No. 2015-07 Mayor Sanders read the resolution into the record. Motion: Motion made by Mayor Sanders, seconded by Council Mer expressing opposition to State legislation enacting a cap on P4 due to the negative impact that would result from loss of loca meet the needs of its residents. Mayor Sanders commented that it would be mosm and representatives. He asked that Council Mem since he was not present to sign the resolution. discussion took place regarding making sure that adversely affect sinking funds. Council Member Shoffner Texas Senate Committee o this item is Senate Bill 1871 The vote was taken. Motion passed uUM Town Ma resolut' Texas Mayor SandE Senators and )rove Resoluti3wo. 2015-07, collected by local governments ity to manage fiscal matters to )er would call their local senators m off the resolution for signature during the last budget season, the Town and that they did not Senator Nelson and Senator Hancock, serve on the -ving as the Chair of the committee. He noted that hearing was rescheduled for this week so Town Staff will send the ncil opposition efforts should be focused with the Senate and the odds of speaking to them are rare but their legislative aids log each call and ive a call log sheet prior to their vote. 10. Consider and tak"Fopriate action regarding an Ordinance of the Town repealing Ordinance No. 2015-02 ordering and calling a Joint General Election for the Town of Trophy Club to be held on May 9, 2015 for the purpose of electing one (1) Council member for Place #3 and (1) Council member for Place #4, each for a three (3) year term; declaring candidates for Place #3 and Place #4 unopposed; canceling the May 9, 2015 election; providing for the issuance of certificates of election following the date for canvassing of the election; and providing an effective date. Attachment E — Ordinance No. 2015-05 Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve Ordinance No. 2015-05, repealing Ordinance No. 2015-02 ordering and calling a Joint General Election for the Town of Trophy Club to be Wm=hGdi)jQ H 5 Town Council Minutes Page 30 of 321 Meeting Date: Pp0b 44p2035 held on May 9, 2015 for the purpose of electing one (1) Council member for Place 43 and (1) Council member for Place 44, each for a three (3) year term; declaring candidates for Place 43 and Place 44 unopposed; canceling the May 9, 2015 election; providing for the issuance of certificates of election following the date for canvassing of the election. Council Member Shoffner commented that this is the first time in Town history to cancel an election. The vote was taken. Motion passed unanimously. 11 Consider and take appropriate action regarding the draft of the Sealed Compe the Town as recommended by CFAB and authorizing publication of notice o action regarding the inclusion /exclusion of properties within the Bid properties. Attachment F- Competitive Bid for Park Services Pearl Ford, 2 Spring Creek Court, stated that she understands eec expenditures, and that she would like to give some areas arifical regarding Medlin Cemetery, referenced on page 218 of thNdocu document of understanding between the Town and Medlin Cem finish Trophy Club Drive. She knows this because the issue mediator between the Cemetery Association and n, and a Manager, Donna Welsh, and the Cemetery Ass nt, who clarification was that the agenda packet reference t the rc not true because it is owned by the association and ceme deed is in Denton County but the property is exempt on. Council Member Shoffner as project. Mrs. Ford stated that A discussion how far Trophy Cl a state historical sitammi.— Council ShoffnerN several s later becausf Mrs. Ford that was an not get into etery s( was put there w ey bu' Mayor Pro Tem Lamo did for Park Services for including discussion and Lrelated to ownership of Oe Council to getWtter feel of rfirst area of clarification was nd she stated that there is a was generated for the fill material to ress and she volunteered to be the understanding was signed by Town deceased. Her second item of un -owned and she stated that is before the Town. She added that the ding came after the vote to approve the construction .;ie construction could not proceed since there was r it would extend onto the cemetery property, which is they approved the road construction, and the cemetery came back Lo close the east median for safety. F ecause if they closed the east median, the cemetery equipment workers could greed to leave the east median open. Additionally, she stated that the berm golf course. who has the document of understanding. Parks and Recreation Director Adams stated that he has landscape plans but does not have the document of understanding. Mayor Pro Tem Lamont inquired if the town manager signed the document then shouldn't it have gone before the Town Council. Mrs. Ford stated that at that time the town manager was authorized to sign it and she commented that the historical marker was there before the Town existed. Wm=hGdi)jQ H 5 Town Council Minutes Page 31 of 321 Meeting Date: P@Ob 54p2O35 Town Manager Seidel stated that Town Staff has been trying to locate the document of understanding. Parks and Recreation Director Adams stated he has a landscape plan from Teague Nall & Perkins that shows the new design that the Town was going to give the cemetery. Mrs. Ford stated that was correct because before the cemetery board would agree to sign the document they wanted to have an idea what it was going to look like. Additionally, she stated that she believes that the document mentioned maintenance and upkeep of the cemetery. Council Member Parrow asked if the cemetery association would have a copy of the do Mrs. Ford stated that there is an issue with document archiving and somee misplaced, and the president who signed the document is now deceased. S with the turnover of properties from the Community Improvement Associa 'page 241 of the agenda packet. She explained that she spent 10 years o th ments in the vault were L her next item has to do was that all the parcels that belonged to the CIA, the only homeowner�ciation (HOA) fo were designated as common areas were supposed to be Additionally, she stated that those common areas will not sh District (DCAD). Mayor Pro Tem Lamont stated that on page 220 and page 226 are owned by the adjacent landowners. packet, that those streets at one ti incorporation the Town askedth medians. She added that theJA Mayor Sanders explained,14 used to live on 1 Michelle Co and there are no supp Led on page 226 and at her recollection the Town along A deeds within Denton le Town, that he CIA liens. kal Appraisal packet, it states that both properties ferenced on page 229 of the agenda ieves that two years into the Town's Iver the streets to the Town, which included those for those transfers and in some instances it was a that Mayor Pro Tem Lamont brought up, that he rr property rent to the curb. He explained that it turned out that the stalled by Mr. Beck who developed the Woods, and they also maintained it. dying and no one was mowing the area. The homeowners who backed th d give the land behind the wall up to the street to the Town but the haveWurvey done and replat the property. Therefore it was simpler to ask system and the mowing. He added that Hogan's Glen HOA maintains the grass idian Creek and Trophy Club Drive. He suspects that there are several areas deeded to HOA's, and in some cases it doesn't even show who the owner is, that the problem will be in 50 years when a future Town Council is looking at this documents but simply hearsay. Council Member Rowe stated that at a casual glance at the RFP it does not seem unreasonable, but that somewhere it needs to be documented about ownership of these properties so that there are no future issues regarding ownership. Mayor Sanders stated that it would be nice to put in the minutes that Pearl Ford believes that the Creek Court area medians, represented on pages 229 and 230 of the agenda packet, were deeded to the Town when the road was given to the Town. He doesn't believe the statement about the property being turned over to the Town with the transfer of the CIA, on page 220, is correct. He believes that the property still belongs to those property owners. TIz=hGdi)uQ H 5 Town Council Minutes Page 32 of 321 Meeting Date: P@0 4p2035 Council Member Shoffner stated that he does not disagree that there is probably a document on the cemetery. He believes that the fill dirt to maintain the cemetery property is expensive, approximately $6,000 this year. The issue is when you add several areas that the Town maintains that is technically not the Town's responsibility, which becomes expensive. Council Member Rowe asked that for those properties that are not owned by the Town, specific to an area where an adjacent property owner has access problems, for Staff to do due diligence to look at what action to take to gain legal ownership. Town Manager Seidel stated that in the newer developments there are HOA's in p hich makes it easier to work with. He explained that an example of a complex situation is on Indian Cre ere there is no HOA and if you live in the middle of the street it is difficult for them to walk their lawnmo d to the other side of the wall. He would like to have something more formal for the newer areas b look at taking over the maintenance if someone owns the property or allg to allow access. Council Member Shoffner stated that it could be a good idea specific situation that the Town will maintain a specific area. 4 Mayor Pro Tem Lamont stated that it is difficult to ask the proper page 229 of the agenda packet, and that the Town should be respo maintenance charge to the adjacent property owwftkb.— Town Attorney Adams stated that she does not Council Member Parrow stated that parcel in reference to page 221 0 to be turned over to the Tow owned by Beck Properties. iwxp Ridge was given to Starwevelol by the adjacent landowner. Mayor Sanders maintain all citizens in s Ric take ov eagle than th e. Thei the HOA a till sl Council Membel a person who lives have a HOA. The pt other person on The to put er areas to possibly through their fence in the minuWhat states a maintain a median in reference to He asked if the Town can charge a a fee for that service. Frpancy abMt who is responsible for the particular it states that Town Staff believes this property was ierties, but then it states that both properties are ng page, it references that the entrance to Eagles to the Town, but then it says the property is owned it turns out that the lot was platted to erty was bought the property owner felt that he owned the eagle. The 91WA but never did; therefore the agreement was that the Town would as flower bed, even though the Town did not really own anything other s, for example in Hogan's Glen that the deed was never transferred over to HF has a fundamental issue and provided an example that on Trophy Club Drive n's Glen side has a HOA and another person who lives on The Woods side does not n Hogan's Glen side has to pay a HOA to maintain the area behind their wall but the s side has the Town maintain the area behind their wall. He believes that there should be some way to make this situation more equitable. Mayor Sanders stated the purpose of this agenda item is to look at the Parks RFP, and in the meantime Town Staff can look at working out the legal issues. Council Member Shoffner stated that he was not comfortable approving the bid knowing that they are putting a contractor's employee on property that the Town does not own nor insure. Wm=hGdi)uQ H5 Town Council Minutes Page 33 of 321 Meeting Date: PpOb174p2O35 Mayor Sanders explained that his understanding is that each bid item can be separately bid on and the contractor can choose not to bid on certain properties. Council Member Shoffner commented that the Town is spending thousands a year on maintaining property not owned by the Town and in some cases do not know who owns it. Mayor Sanders stated that the purpose of this item is to look at the Parks RFP document and the decision can be made later whether or not the Town Council will award the bid that includes those pieces of property. In the mean time, these legal issues can be worked on until the Town receives a bid back and is able to evaluate the bid. He asked the Town Council if they had any changes to the RFP document. Council Member Shoffner stated that he is not comfortable asking someone to bi not own and that there is potential of the bidder's employee getting injured og� which puts potential liability on the homeowner. A Mayor Sanders stated that his understanding is that each item will each section and they can choose to no bid that section. Council Member Shoffner stated that he would vote against potential liability on the homeowners and that the Town is know who owns certain property. Mayor Pro Tem Lamont agreed with Council M the item was sent out for pre-bid, can bidders can gather what can really be put in the bid. Parks and Recreation Director Adams and remove sections even after t about three weeks into that th c properties and at that time jJWTo\n properties from the scope"e bid. Mayor Pro Tem Lamont maintain them w to continue t out for bi Towner Seidel s - Staff to d fic obje have these p es ti Council Member S Troon, and Park View. )erty that the Town does not owned by the Town, I be a price for Rues are rectified because it puts s a year when the Town doesn't and Recreation Director Adams if ,and can't do, and then the Town e allowing numbers to be decreased !xplained that if the document goes out for 45 days, -bid meeting for the bidders to go over the different then an addendum could be done to remove those removed from the document the Town will still have to pment. He believes that it needs to be determined if the Town is going r give them back to the property owners before sending the Parks RFP agenda item was worded how it was so that Town Council can direct Town ked that the Town Council give specific direction because it will take time to rately as possible with formal agreements or some type of understanding. tented that three properties are not on the RFP, which are Trophy Woods, Royal that there is no median on Fairway Village. Parks and Recreation Director Adams stated that he removed the Trophy Woods properties because they are right of way and are going back to the property owner. Additionally, he stated that the golf course is going to take Fairway Village up to the right of way but the Town will still have a median so that is still within the Parks RFP. Council Member Shoffner noted that there remains a parcel shown on the RFP map for Fairway Village. Town Manager Seidel stated that Royal Troon is part of the Highlands HOA, and that Town Staff can approach them to have something more formal than an agreement that was made around the table. TIz=hGdi)uQ H 5 Town Council Minutes Page 34 of 321 Meeting Date: PpOb 34p2O35 Mrs. Ford stated that Eagles Ridge currently does not have a HOA but was part of the CIA, and she added that Indian Creek and the area around it were separate units and each of those were in the CIA. Additionally, she made a general comment to remind the Council that all these people pay taxes and asked that they be sensitive to their needs. Mayor Sanders stated that one option is to pull sites and release the Parks RFP, or to release the RFP as is and see what comes back. He believes that this will help figure out if it is more cost effective to maintain Town Staff and equipment verses using an outside service in some cases. He explained that it was done in such a fashion that the Town Council can pick and choose what they want to do and if they wait to take action then there is a chance that the bid will not be included in this coming budget. Council Member Parrow stated that after speaking with Parks and Recreation Di Adams, he is comfortable with releasing the RFP because of how this document is written, which allow er to bid on every single piece of it and will give basis for evaluation costs, while still having the op nity ove sections that the Council does not feel is appropriate. '&� Council Member Rowe stated that in regards to the description of he does not have an issue with the RFP going out with those in will continued to be maintained by the Town. He stated tha but does not see why the RFP has to be pulled. Council Member Shoffner stated that an issue he has is if a worker no one owns, then who is responsible for that inj Town Attorney Adams stated that the Town requi liability insurance, and that the Town be additiona then the Town will go to the contractor as the prin Council Member Kurtz stated Motion: Motion made by Council the Town release it for biddin Parks and Re could be c during th Town er Seidel stated noted tha a point thea Council Membe ner st it done before the The vote was taken. perties that the Tow'R fuse at the end of the onsible for, ost of them le the land responsibility issue ured on the cemetery property, which Iisurance, workers compensation, e advised that if something happens forward and work out the issues simultaneously. Member Kurtz, to take the Parks RFP Bid and have d that depending on the time frame of the bid, if any of the properties hcould do an addendum to the RFP. goal is to clear as many properties as possible during the bid process and cases when some action will be required of Town Council. he will vote against the RFP until it is ready and that there is no rush to have Motion passed 4-2-0 with Mayor Sanders, Council Members Parrow, Rowe, and Kurtz voting for, and Mayor Pro Tem Lamont and Council Member Shoffner voting against. Mayor Sanders asked Town Manager Seidel to provide an update on this item two meetings from now, and expressed his gratitude to Parks and Recreation Director Adams and Town Staff for the amount of time and work spent on this item. Council Member Shoffner thanked Mrs. Ford for the history that she provided. Wm=hGdi)jQ H 5 Town Council Minutes Page 35 of 321 Meeting Date: P@0b B1p2O35 Mayor Sanders asked to have the comments that Mrs. Ford made regarding the Creek Court area and the history of the cemetery documented in the minutes. 12. Town Council Liaison Updates; discussion of same: • Citizen Financial Advisory Board, March 9, 2015 Council Liaison - Mayor Pro Tem Greg Lamont Provided update, no action taken, just discussion. 13. Town Manager Seidel's update regarding the following; discussion and provide in • Assistant Town Manager/CFO • Baseball • TxDOT Sound Wall • Warrant Round -Up Town Manager Seidel updated the Council and addressed questio Additionally, he thanked the Town Council and Town Staff for stated that it is a privilege to be the Town Manager for the Toy 14. Items for Future Agendas. This item allows Council to request the placeme requires research and review that cannot be acc However, a Council Member may request that an first placing that item on the Future Agenda Itei requirements. Mayor Sanders stated that Co (Town Secretary Note: This itA Mayor Sanders asked tha 15. Pu An meet third Potential Property ion taken, update ing same. s held in his ho tonight, and endas when the topic of discussion tween regular Council meetings. larly scheduled meeting without da items must comply with Charter to bring back the Town Council mission and goals. 015 agenda as the updated Strategy Map) allowances, be removed. rations About Real Property" of the Texas Government Code, (as eetings Act), the Council will enter into executive session in order (change, lease, or value of real property where deliberation in an open ntal effect on the position of the governmental body in negotiations with a on of a new Police and Town Hall Facility, Annex Building, and Potential Lease of CONVENE INTO EXECUTIVE SESSION —START TIME — 8:37 P.M. RECONVENE INTO REGULAR SESSION — START TIME — 9:27 P.M. RECONVENE INTO REGULAR SESSION 16. Consider and take appropriate action regarding the Executive Session. No action was taken. Wm=hGdi)uQ H 5 Town Council Minutes Page 36 of 321 Meeting DatePAgel11Xp2033 ADJOURN Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to adjourn. Motion carried unanimously. Meeting adjourned at 9:27 p.m. Holly Fimbres, Town Secretary Town of Trophy Club, Texas C. Nick Sanders, Mayor Town of Trophy Club, T RawhaOud(5115 Town Council Minutes Page 37 of 321 Meeting DatePAge1111492033 ATTACHMENT A Resolution No. 2015-08 RamhaOud(5115 Town Council Minutes Page 38 of 321 Meeting DatePAgell*L492033 TOWN OF TROPHY CLUB RESOLUTION NO. 2015-08 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 6.3702 ACRE TRACT OF LAND WHICH IS PART OF A 7.0441 ACRE TRACT OF LAND SITUATED IN THE JOSEPH HENRY SURVEY, ABSTRACT NO. 529, TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN 6.3702 ACRE TRACT OF LAND, CONVEYED BY DEED TO AND OWNED BY THE CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION RECORDED IN COUNTY CLERK'S FILE NO. 2010-6544, 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 the Corporation of the presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah corporation sole, the owners, (hereinafter the "Landowners") of an approximate 6.3702 acre tract of land which is part of a 7.0441 acre tract of land situated in the Joseph Henry Survey, Abstract Number 529, in Denton County, Texas, and located within the corporate limits of the Town of Trophy Club, Texas as more particularly described in the plat attached hereto as Exhibit "A", (hereinafter the "Property') a copy of which is attached hereto and incorporated herein, have filed a petitio to the Town of Trophy Club seeking the written consent of the Town Council to the annexat. f the Pr rty into the boundaries of Trophy Club Municipal Utility District No. 1 (herein- "MUD1" opy of the Landowner's petition is attached hereto and incorporated herein as 'bit " WHEREAS, the Laers purchased the 7.0441 acre tract of land as described on the Owner's Certificate on Ex It "A", and conveyed by dedication a 0.6739 portion of the land to the Town of Trophy Club for use as a trail amenity as depicted on Exhibit "A", leaving the Landowners' with the Property consisting of 6.3702 acres of land; 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 $4.5 million; and WHEREAS, the Town Council of the Town of Trophy Club determines it appropriate to adopt this Resolution authorizing consent to the inclusion of the Property into MUD1. REOQ04411Wown Council Minutes Page 39 of 321 Meeting DatePAgel11Xo203T NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the matters set forth in the preamble hereof are true and correct are hereby adopted. Section 2. That the Town Council of the Town of Trophy Club hereby finds that Landowner has complied with all legal requirements to request consent to annexation of the Property and hereby specifically gives its written consent, as required byction 54.016 of the Texas Water Code, to the inclusion of the Property identified in Exhi within MUD1 as requested in the Landowner's Petition, Exhibit "B". Section 3. That, this Resolution shall become passage in accordance with law. Passed and adopted by the Town Council of t 10`h day of March, 2015. Town Secretary d after its date of APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas s, this the RES 2015-08 2 IThaF�ClduiJDH 5 Town Council Minutes Page 40 of 321 Meeting DatePAgeilll 4p2033 EXHIBIT "A" PLAT WITH LEGAL DESCRIPTION 6.3702 ACRE TRACT RESQ04411Wown Council Minutes Page 41 of 321 Meeting DatePAgeil1'&92033 a S �n�se s I Skz�eea ` @$ SqA . �8u f �3m 11 askq's `g y s $$ 3 S5a @ 31111hi • b 8 A� F R 6 7 i: R Y E R e BQEBB^BB'c"c Z T) zm-Z =U� C= OW�HZZ Ut:B d T Q O W Q U U .mo w OF= a hJ 1� zi z�✓S<a amOm Jp zzo�c a aQ~ U oNZ®an1 Y N �z �w _ �Z x= < 0 < O <k'��u~i `na cr >UUQW v 0 g 4� a4 o e •3. i `�IGR�r"11. ��•'� ` _� �� shy / CA=`/?,nL�.�.+ "fir✓ • ��\ . �8u f �3m i `�IGR�r"11. Y Ni4o€<ci� s P, si f s ~ [n 0 N ooizmo o � Ell aJQ� o <am i�a� i 9 • N t� Z� (� I o w a chi $ =_Z faA ''•.:, �:•i s�� A� � �i � a O I� .s. €�� fs 6 t '`ro *ap ;. �U� N a<z� crS�W b g all a $sa a o� << V2 <m z a fg 33� Alu tj yg$@9�Igg sp IJgIfi £$y 5 ¢¢ Fk �� 3S � dl�jjH{iagb S�J6�a�i��X§��A b�; Safi§a��Pigff as�$ C b .fit �r i¢yjg9 y�tl yp 5t k ' ZiLA N OSoS.• �iIY $ea$o��Jss iS�"a��.Eb d E g °f.B'•tA-: "�iyw• �.6 57L pE C"� �ge��g%��3of s� a 1�EaA aaFF @ a � E 3? "� �t.• as��g$6 � tli8i �cy6 b;'�.€$�� .5i guili Ip AS a b3�3ajj °°$Eti€"bs�eis ebf"$3Fa$ till, il �t 'a S $glig afi bSy ibE E ` . k � fill I s a db S: ga e. E� E_"YE S E E � • r+ SYM Ri g !# 'fiA)5 "€cc��sE F S .: 6'• �� 6i' � J $ jlgo€� a gnd gE f8` g l a� T S. �I ° $ aa3 $ass $E g {R qa € g flit �3€ j g= R€y �it I d iI X15 $baa I;i €, !nA!;,$ J 9 g it fS 9 p $os"111alp oRafp% $ A�yc� a 3% € aaA3R $g$ $$;Ai Yd $fye fill g6$�g !€i'lg ye;a la` �13F a $h6 ��y➢-sit 1°1 �gi$s ID '6$# 3 ! az Y ¢3 l a !. 5 I' Ag $I$ 5 b i d$A b F e 1.819' 3 ${� ac$$$ '�$ ofail 1s� a {$a $1 11111igg pp2 p STI qq- s $Fab EXHIBIT "B" PETITION TO ANNEX CERTAIN LAND INTO TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 RESQ04411Wown Council Minutes Page 44 of 321 Meeting DatePAgeiI114o2036 1 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 CO TROPHY CLUB, TEXAS: The undersigned ("Petitioner") is the owner of title in the attached Exhibit 1 (the "Property") which is located 'A pursuant to provisions of Chapter 54, Texas Water Code the Town Council of the Town of Trophy Club, Texa i of the Property into the Trophy Club Municipal ric respectfully show the following: The Property proposed to be incl No. 1 contains approximately 6.3702 acre Texas. The Property lies wholly within the Petitioner is I. I. undersigned r� is written consent t No,& (the "Di THE TOWN OF larly described Texas. Acting fully petitions annexation and would 0 Municipal Utility District situated in Denton County, the Town of Trophy Club. roperty ntly ves water and wastewater service from the District through conse the Town Co At resent time, the property does not receive fire services from the and annexatio uld allow the District to provide this service. IV. For the g reasons, there is a necessity for the above-described work: the area proposed to be in 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. (0,rjS�U1Wown Council Minutes Page 45 of 321 Meeting DatePAgeill1Xp2037 J- X THEREFORE, the Petitioner respectfully requests consent to the annexation of the Property into the District. T# RESPECTFULLY SUBMITTED this day of�MQ 201.4 Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah corporation sole. PROP`R� OWNE 'S LEGAL NAME el By: ( /' Ae� SIGN T RE OF PkOPERTY OWNER Title: AUTHORIZED AGENT TITLE STATE OF +Eiii'r9 VTXt4 § COUNTY OF S&W4-6� § Before me, the undersigned authority, on this day personally appeared v iF A* of , known to me to be the person and officer w ose 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 and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the A- day of , 20 ]j�' ,•%"� D. TODD EVANS NOTARY PUBLIC - STATE OF UTAH Seal '-° �My Comm. Exp. 09/06/2016 Commission # 657751 Corporation of the Presiding Bishop of the Church of Jesus Christ of latter-day Saints, a Utah corporation sole. W-)(-- AUTHORIZED AGENT Notary, State of s U/ •14 Q44%WWown Council Minutes Page 46 of 321 Meeting DatePAgeil2W2038 ATTACHMENT B Proclamation No. 2015-04 RawhaOud(5115 Town Council Minutes Page 47 of 321 Meeting DatePAge1211492033 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2015-04 53"d Annual Observation of Poison Prevention Week - March 15-21, 2015 WHEREAS, our society has become increasingly dependent on household chemicals to perform labor-saving, time -saving miracles; and on medicine to provide health -giving, life- sustaining benefits; WHEREAS, these products, when not used as hazardous, particularly if children gain access to them; WHEREAS, over the past 53 years, the nat Prevention Week to call attention to these hazard disposal of these substances and proper use of them; WHEREAS, the efforts of our community efforts of the North Texas Poison Center have Trophy Club Texas. _ WHEREAS, the North located at Parkland Health & service programming, im victims of poison -related WHEREAS, swallows a househ hereby p town cont' includi continue effective s PROCLAI directed, may be I'd how propM packaging can ing Poison ndling and \eliminate ns, complemented by the childhood poisonings in, JMfegional poison center, ss the ultimate in human information to save lives of one child Nick Sanders , Mayor of the Town of Trophy Club, do O Nthpropriat� h 15-21 2015, as Poison Prevention Week in this agencies in our local government to i with concerned citizens and community organizations, develop programs which will alert our people to the sing medicines and household products and to promote t accidental poisonings among young children. THIS THE 10TH DAY OF MARCH 2015. roti j — C. Nick Sanders, Mayor Town of Trophy Club, Texas --1(6 Q iii �� Holly Fimbr s, Town Secretary Town of Trophy Club, Texas IThaF�CldutJhg115 Town Council Minutes Page 48 of 321 Meeting DatePAgeil2124p2033 ATTACHMENT C Proclamation No. 2015-05 RawhaOud(5115 Town Council Minutes Page 49 of 321 Meeting DatePAge12lXp2033 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2015-05 2ND ANNUAL MAYORS DAY OF RECOGNITION FOR NATIONAL SERVICE ON APRIL 7, 2015 WHEREAS, service to others is a hallmark of the American character, and central to how we meet our challenges; and WHEREAS, the nation's mayors are increasingly turning to as a cost-effective strategy to meet city needs; and WHEREAS, AmeriCorps and Senor Corps participants facing our cities and counties, from educating students supporting veterans and military families to providing hes recover from natural disasters; and WHEREAS, national service expands ec resilient communities and providing education, serve; and WHEREAS, AmeriCorps and Senior 1 across the country, bolstering the civic, n vital to our economic and social well-being; WHEREAS, national with, both through their volunteers; and WHEREAS, nati community solutions increase the retu-co-a WHEREI nationwide to National League of service on the volunteerism pressing challenges W21st century and nq communities creating more sustainable, ship abilities for those who 60,000 locations organizations that are so organizations they serve iq millions of additional e public-private partnership that invests in urces to strengthen community impact and pants demonstrate commitment, dedication, and patriotism service, a commitment that remains with them in their future n for National and Community Service shares a priority with mayors s, improve lives, and strengthen communities; and is joining with the , City of Service, and mayors across the country to recognize the impact Day of Recognition for National Service on April 7, 2015. NOW THEREFORE, I, Nick Sanders, Mayor of the Town of Trophy Club, do hereby proclaim April 7, 2015, as National Service Recognition Day, and encourage residents to recognize the positive impact of national service in our town; to thank those who serve; and to find ways to give back to their communiti 411 C. Nick Sanders, Mayor Town of Trophy Club, Texas d, Holly Fimbb es, Town Secretary Town of Trophy Club, Texas IThaF�ClduiJDH 5 Town Council Minutes Page 50 of 321 Meeting DatePAgeil2144p2033 ATTACHMENT D Resolution No. 2015-07 RamhaOud(5115 Town Council Minutes Page 51 of 321 Meeting DatePAgdl2&p203S TOWN OF TROPHY CLUB RESOLUTION NO. 2015-07 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, EXPRESSING OPPOSITION TO STATE LEGISLATION ENACTING A CAP ON PROPERTY TAX REVENUES COLLECTED BY LOCAL GOVERNMENTS DUE TO THE NEGATIVE IMPACT THAT WOULD RESULT FROM THE LOSS OF LOCAL CONTROL OVER MANAGEMENT OF FISCAL MATTERS AND THE LOSS OF LOCAL GOVERN ME AUTHORITY TO ADDRESS THE NEEDS OF ITS RESIDENTS; AND PRO G AN EFFECTIVE DATE. WHEREAS, bills have been introduced to cap the cities can collect each year in a misguided effort to r homeowners and businesses; and WHEREAS, currently, if a Texas city irn eight percent over the previous year, voters increase; and WHEREAS, the existing eig j functioning model of limiting uncheck municipality's fundamental need to co WHEREAS, bills with a hard cap of four percent — all with tha WHEREAS, 1,002 cities i percent fr and seen n .int oerty tax revenue he pro tax burden on �hx collections by more than an election to rollback the represents an effective N level without impeding a iI services; and replace that eight percent "rollback rate" latory elections on an increase over four provide property tax relief; and -Ene ptroller's latest survey of property tax rates in int of cities raised their property taxes by less than four 37 percent of cities actually reduced their property taxes; is property owners in at least 669 Texas cities would have property taxes if the four percent cap had been in effect; and WHE a the savings to individual taxpayers in Trophy Club for FY 2014-15 would only rep $1.43 per month, it would cost the Town of Trophy Club $56 thousand for the past fiscal year and if a four percent cap were in place it would result in a reduction in Town's ability to provide exemplary services to its citizens; and WHEREAS, if this calculation were computed for the previous ten years, the cumulative impact would have been a loss of $198 thousand to the Town of Trophy Club; and RES 2015-07 ia(Wr213115 Town Council Minutes Page 52 of 321 Meeting DatePAgei1264p2033 WHEREAS, this legislation will force local governments to defer critical maintenance expenses for infrastructure assets such as facilities and streets, which will result in a more rapid decline of city infrastructure and ultimately cause increase cost of replacement; and WHEREAS, property taxes will not be reduced through revenue caps; instead, costs, and the property taxes that pay for them, will be shifted to support additional debt that will have to be issued to rebuild this infrastructure. Shifting taxes to pay debt is not a tax cut and will cost taxpayers more in the future since communities will norequired to pay the interest on these costs, as well; and WHEREAS, revenue caps will impair the use of Ic away the job growth and businesses that have helped development leader in the nation; and A WHEREAS, cities collect just 16 percent most of the property taxes paid by Texans (55A WHEREAS, according to the comptroller's collected by cities rose by 3.61 perce etween collections rose by more than twice tMJLq1JMkfiL7 WHEREAS, local governments state usurping that authority rease, community; and local control, regulate fiscal incentives driving as the economic levied'fexas, and districts; and total amount of property taxes ?013, while school district tax .people they represent and the ow their money is spent in their sd by the people to govern and exercise authorized by the Texas Constitution to nt officials are held accountable by their constituents the authority of the local government should not be disreaard the individual fiscal needs of the local BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN above recitals are true and correct; 2. That the Town Council of the Town of Trophy Club, Texas, is OPPOSED to the legislative imposition of a revenue cap and legislative interference with local services and local government control; and 3. That imposing a revenue cap on cities: (a) does not provide meaningful tax relief; (b) robs municipalities of the ability to meet local needs; (c) supersedes the level of RES 2015-07 IThaF�ClduiJDH 5 Town Council Minutes Page 53 of 321 Meeting DatePAgeil2174p2033 government that is closest to the people; and (d) usurps local authority granted by the Texas Constitution and state law. PASSED AND APPROVED by the Town Council of the Town of Trol this 10th day of March 2015. C. Nick Sanders, Mayor Gre am nt, M ouncil Mem er Rh we, Council / 1 Tim Kurtz, Counci , RES 2015-07 ember Town Secreta Club, Texas on ro Tem , Council Member APPROVED AS TO FORM: Patricia A. Adams, Tcv-jn Attorney Town of Trophy Club, Texas Wm whCl(Qjr2DH 5 Town Council Minutes Page 54 of 321 Meeting DatePAgei12 02035 3 ATTACHMENT E Ordinance No. 2015-05 RamhaOud(5115 Town Council Minutes Page 55 of 321 Meeting DatePAge12gp2033 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-05 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2015-02 ORDERING AND CALLING A JOINT GENERAL ELECTION FOR THE TOWN OF TROPHY CLUB ("TOWN") TO BE HELD ON MAY 9, 2015 FOR THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER FOR PLACE #3 AND ONE COUNCIL MEMBER FOR PLACE #4 TO THE TOWN COUNCIL EACH FOR A TERM OF THREE (3) YEARS; DECLARING UNOPPOSED CANDIDATES IN THE MAY 9, 2015 JOINT GENERAL ELECTION ELECTED TO OFFICE; CANCELING THE ELECTION; PROVIDING FOR ISSUANCE OF CERTIFICATE OF ELECTION DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 10, 2015, the Town Council of the Town of Trophy Club, Texas (the "Town") passed and approved Ordinance No. 2015-02, which Ordinance ordered a Joint General Electi thrown of Trophy Club Texas, for the purpose of electing one (1) Council me er for Place #3 and one (1) Council member for Place #4 for a three (3) year term each; and WHEREAS, the Town Secretary has certified in writing that no person has made a declaration of write-in candidacy for either of the two (2) Council Member seats, and that each of the two (2) Council Members on the ballot is unopposed for election to office; and •'WHEREAS, the filing deadlines for placement on the ballot and declaration of write-in candidacy have passed; and WHEREAS, no proposition is to appear on the ballot in that election in relations to the two (2) Council Members; and WHEREAS, in these circumstances Subchapter C, Chapter 2 of the Election Code authorizes the Town Council to declare the candidates elected to office and cancel the election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: ORD 2015-05 RarahaOu (5115 Town Council Minutes Page 56 of 321 Meeting DatePAgeilMp2035 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. ISSUANCE OF ELECTION CERTIFICATE The following candidates, who are unopposed in the May 9, 2015, Joint General Election, are declared elected to office, and shall be issued certificates of election following the time the election would have been canvassed: Council Member Place #3 Rhylan Rowe Council Member Place #4 Tim Kurtz SECTION 3. POSTING The May 9, 2015, Joint General Election is canceled, and the Town Secretary is directed to cause a copy of this ordinance to be posted on election day at each polling place used or that would have been used in the election. SECTION 4. 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. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 5. 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 ORD 2015-05 RarahaOu (5115 Town Council Minutes Page 57 of 321 Meeting DatePAgei13114p2035 2 despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 7. EFFECTIVE DATE That this Ordinance shall be in full force and eff fFom andis date of passage, in accordance with law, and it is so ord d. PASSED AND APPROVED by the T Counci he Town of rophy Club, Texas this 10th day of March 2015. Nick 1wers, Mayor Trophy Club, Texas pF p �� 0 m [SEAL] ATTEST: )3- � R'Y Holly Fimb es, Town Secretary Town,%fi&ophy CluWexas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2015-05 ITIaF¢ Cldurf115 Town Council Minutes Page 58 of 321 Meeting DatePAgeil3124p2033 3 ATTACHMENT F Competitive Bid for Park Services RawhaOud(5115 Town Council Minutes Page 59 of 321 Meeting DatePAge13lXp2033 THE TOWN OF TROPHY CLUB, TEXAS SPECIFICATIONS/ CONTRACT EWW1tMEN*0&EOR MAYOR NW TOWN MANAGER RamhaOud(5115 Town Council Minutes Page 60 of 321 Meeting DatePAgeil3l4p2033 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 TABLE OF CONTENTS SECTION 1. Notice to Bidders 2. Special Instructions to Bidders Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 61 of 321 Meeting DatePApW�02135 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 TOWN OF TROPHY CLUB PROJECT: PARK SERVICES FOR THE TOWN OF TROPHY CLUB Sealed bids for the furnishing of all labor, materials, and equipment necessary for the provision of PARK SERVICES for the Town of Trophy Club will be r ived at the Town Offices, 100 Municipal Drive, Trophy Club, Texas 76262 from Mo , March 23, 2015 until Wednesday, May 6t", 2015, at 5:00p.m. All proposals w' publicly opened and read aloud on May 7t", 2015, at 2:00 p.m. at Town off andatory pre-bid conference will be held at 10:00 a.m. on April 13, 20 th n Offices. Bid Documents (including Contract Documents) have be0prepared s project and may be obtained at the Town Offices at the address ' above. The categories of services to be provided u nclude the following: 1. Maintenance, upkeep and support of SJW of Parks Operations including: a. Medians and related corn ar ecT b. Medians and related com n s-noWaation c. Brush-hog/r ow are d. North line ail em e. Free I rk f. Harm Park g. Lakevi r h. Indepen ark C•7 c. MUD fa s IV Drainage 'ntenance hk Weekend sort igatio o. i pplication P. S vents support q. Mis laneous services Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 62 of 321 Meeting DatePApWA35 r Q,. id . l+ r' ` t "a"Green 4 Trophy Club. TX, USA (Trophy Club a\ r c, jUBo JanesaF SU„5CS " y�fl=`�-'asp Ih, � y. -esu. tiea^i...+� ,,. •� m m � I L irl UU,`•1 A F coyotes eWestlake F • 1 ootc ��rt "Goo - �1l�mol �, iC4+ >; 33'00'24.93`N 97°11'29.23"Lav blev 588$ zvz alt 19877 ft U E]` rrophyClua 7X, USA FTrophy Club CC" y i r s L-+: Trophy Club T USA Trophy Club Vledians and related cati &Lno irrig&Uon bG*N.:., :re.r•=,�en,;Zp del non irmmon arenas ;, f hyClubeT+�op (Club: TX �'kat,e-�-nom � oyr'/rJ 9 tti -phi. .did � r5emn�le'Or}. 1 C A y ,m o Q o , m� non irrigated common areas r ,ter, r �Ct -. . • - Yl FO. Ale, �. 01 t W � eti i 14r s . mar s -z anon sr ' Iff$wMargas�m m " 'NYCIS� 1 aril. „(( • °`T'a.r _ r � Brush -ho TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 h mow areas Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 66 of 321 Meeting DatePAgAQ4io 9 TOWN OF * TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx �F 11�awhaOud(5115 Town Council Minutes Page 67 of 321 Meeting DateP6Bg&� A35 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 North linear trail s Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaOud(5115 Town Council Minutes Page 68 of 321 Meeting DateP6Pg&QAJA33 e. Freedom Park TOWN OF * TROPHY CLUB 100 Municipal Drive +Trophy C:luh, Texas 76262 Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx �F 11�awhaO d(5115 Town Council Minutes Page 69 of 321 Meeting DatePAW P,�h3 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 70 of 321 Meeting DatepAgAQ4 15 h. Ind T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 ndence Park Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RuahaOu4®115 Town Council Minutes Page 71 of 321 Meeting DateP6Pg& oP,bi3 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 i. Community Pool 'Ah, Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 72 of 321 Meeting DatePbPg&QA2,b45 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx � 11�awhaO d(5115 Town Council Minutes Page 73 of 321 Meeting DatePbPg&QT F pP,bi3 lcTOWN OF *7�f TROPHY CLUB 100 Municipal Drive -Trophy Club, Texas 76262 Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx �F 11�awhaOlr4®115 Town Council Minutes Page 74 of 321 Meeting DatePbPg&Q P,`3 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 k. MUD facilities Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx �F 11�awhaOud(5115 Town Council Minutes Page 75 of 321 Meeting DatePbPg&Q P,b53 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaOud(5115 Town Council Minutes Page 76 of 321 Meeting DateP6EgA946is TOWN OF * TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaOud(5115 Town Council Minutes Page 77 of 321 Meeting DateP6Pg&WoP,bq3 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 Ar `�Aa A 1r ,AL t A& ,. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaOud(5115 Town Council Minutes Page 78 of 321 Meeting DatePbBgAR42,�93 TOWN OF * TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 m. Weekend support n. Irrigation o. Chemical application p. Special events support q. Miscellaneous services Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaOud(5115 Town Council Minutes Page 79 of 321 Meeting DateP6EgAgAms T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 A MANDATORY PRE-BID CONFERENCE WILL BE HELD AT 10:00 A.M. ON APRIL 13, 2015. ALL PROPOSALS SUBMITTED FOR TOWN CONSIDERATION MUST BE CLEARLY MARKED ON THE OUTSIDE OF THE SEALED ENVELOPE WITH THE WORDS "PARK SERVICES FOR THE TOWN OF TROPHY CLUB", ATTENTION, AND MUST CONTAIN THE NAME OF THE COMPANY SUBMITTING THE BID. ATTENDANCE AT THE PRE-BID CONFERENCE IS A QUALIFYING CONDITION FOR BID SUBMISSION. FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL RESULT IN DISQUALIFICATION OF THE BID. The Town reserves the right to reject any or all bids and waive an all irregularities. No bid may be withdrawn until the expiration of ninety )'days fro date bids are opened. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 80 of 321 Meeting DateP6Pg&9qA2113 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 SECTION 2. SPECIAL INSTRUCTIONS TO BIDDERS Project Name: Park Services for the Town of Trophy Club MANDATORY PRE-BID CONFERENCE. A MANDATORY PRE-BID CONFERENCE WILL BE HELD AT 10:00 A.M. ON April 13, 2015. ALL PROPOSALS SUBMITTED FOR TOWN CONSIDERATION MUST BE CLEARLY MARKED ON THE OUTSIDE OF THE SEALED ENVELOPE WITH THE WORDS "PARK SERVICES FOR THE TOWN OF TROPHY CLUB", ATTENTION, AND MUST CONTAIN THE NAME OF THE COMPANY SUBMITTING THE BID. ATTENDANCE AT THE PRE-BID CONFERENCE IS A QUALIFYING CONDITION FOR BID SUBMISSION. FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL RESULT IN DISQUALIFICATION OF THE BID. Bid Security: Proposals shall be accompanied by a cashier's check or certified check upon a national or state bank, or a bid bond from a relia le surety company in an amount not less than five percent (5%) of the total maxim id price, as a guarantee that the bidder will enter into a contract and execute # performance bond and a payment bond within ten (10 , days after notice of award of contract to CONTRACTOR. A performance bond is re d for all projects over $100,000.00 and a payment bond is required for all projec er $25,000.00. Bonds shall be submitted on the forms approved by the (copies of the approved bond forms are attached and incorporated herein art Oof ese contract documents. Award of Contract: The no award of contract will be given by the Town of Trophy Club (hereafter "OWNER" or "TOWN") within ninety (90) days following the opening of bids. The successful bidder shall submit, within seven (7) days after notice of award of contract, a corporate resolution, certificate of partnership, partnership agreement or joint venture agreement which identifies the person(s) authorized to execute a contract on behalf of the corporation, partnership, or joint venture. The successful bidder shall also furnish certificates of insurance that meet the TOWN requirements within ten (10) working days after bid opening. The successful bidder must qualify within ten (10) working days after bid opening, by submitting such additional documents as the Parks and Recreation Director may require for compliance with the terms of these contract documents. Should the bidder fail to produce evidence which satisfactorily demonstrates to Town that bidder qualifies for Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 81 of 321 Meeting DateP6ig& oF,Q3 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 contract award, bidder may be disqualified and the work awarded to the next lowest bidder so qualifying. Bonds: The successful bidder shall furnish a performance bond in the amount of one hundred percent (100%) of the contract price, and a material and labor payment bond, in the amount of one hundred percent (100%) of the contract price. Bonds must be submitted on the forms provided and must be provided by an appro surety company holding a permit from the State of Texas to act as surety, or other ties acceptable to the OWNER. inal and one copy of th package. The right is reserved, as the interest of own of Trophy Clu to reject any and all bids, and to waive any infor y in bid,&ceived. i require, The unit price on the Bid Proposal Form shall be of the item, and any errors that may be present in that form shall of be recogni s an opportunity to revise the proposal. The Bid Proposal Form s ded in thi document shall be utilized for summarizing the bid. THE INSURANCE AFFIDAVIT provi part of the bid document h1W executed and returned as PROJECT SCOPE SEVEWBILITYIMD QUANTITIES: Bidders are advised that the quantities4m frequ ork wn in the proposal are approximate. Payment to the CO CT a based on actual work performed. The OWNER reserves the make increases or decreases to the amount of work performog tee that final quantities and frequency will not differ from the appred atNqul!&s a quency shown in the proposal. Bidd a further advi that the services identified herein for which the Town seeks compet ids have b separated into individual units based upon the nature and scope of ork nee The Town intends to award a contract to a single bidder. The Town r es 0right to award a contract for all identified units or for any combination o as determined beneficial and appropriate to the Town and its operations in the a discretion of the Town. CONTRACT RENEWAL: The initial term of the contract shall be for a period of one (1) year. Upon completion of the initial term, the OWNER and CONTRACTOR may elect to renew this contract for a maximum of three (3) additional one (1) year periods, if agreed to in writing by both parties. However, the OWNER and CONTRACTOR shall not be obligated to renew the contract and may decline to renew the contract for any reason. Except as otherwise specifically provided herein or in a properly executed written modification to the Contract Documents, all terms, provisions and specifications of the Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 82 of 321 Meeting DatePApgA 2'a9 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 Contract Documents shall remain the same during each renewal period. The price submitted in the Contractor's Bid Proposal may not be increased prior, during, or after any such renewal period. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 83 of 321 Meeting DatePAP59 M9 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 SECTION 3. GENERAL CONDITIONS OF BIDDING 1. REQUIRED INFORMATION: TOWN OF TROPHY CLUB BID PACKETS CONTAIN VARIOUS SECTIONS REQUIRING COMPLETION. THE BIDAFFIDAVIT AND BID PROPOSAL FORM SECTION OF THE BID PACKET MUST BE COMPLETED PRIOR TO THE DATE AND TIME SET FOR BID OPENING AND INCLUDED WITH THE BID PACKET OR THE VENDOR WILL BE FOUND NON-RESPONSIVE. VENDORS MAY BE REQUIRED TO COMPLETE AND SUPPLY ALL INFORMATION CONTAINED IN THE "SUPPLEMENTAL INFORMATION" PORTION OF THE PACKET AT A DATE AFTER BID OPENING. FAILURE TO COMPLETE "SUPPLEMENTAL INFORMATION" REQUIREMENTS IN A TIMELY MANNER, PRIOR TO COUNCIL AWARD, MAY BE USED BY THE TOWN IN DETERMINING A VENDOR'S RESPONSIBILITY. 2. INSTRUCTIONS: THESE INSTRUCTIONS APPLY TO ALL QUOTATIONS AND BECOME A PART OF TERMS AND CONDITIONS OF ANY BID PACKET SUBMITTED. 3. THESE GENERAL CONDITIONS APPLY TO ANY PROCUREMENT OF PRODUCT OR SERVICES THAT EXCEED $15,000.00 IN COST. 4. ERROR -QUANTITY: BID PRICE MUST BE SUBMITTED ON UNITS OF QUANTITY SPECIFIED, EXTENDED, AND TOTAL SHOWN. IN THE EVENT OF DISCREPANCIES IN EXTENSIONS, THE UNIT PRICE AS WRITTEN SHALL VERN. 5. P G: PRICE(S) QUOTED MUST BE HELD FIRM FOR NINETY(90) DAYS TO ALLOW FOR EVALUATION UNLESS OTHERWISE STATED IN THIS DOCUMENT. 6. TAXES: THE TOWN OF TROPHY CLUB IS EXEMPT FROM FEDERAL MANUFACTURER'S EXCISE AND STATE SALES TAX. TAX MUST NOT BE INCLUDED IN BID. TAX EXEMPTION CERTIFICATES WILL BE EXECUTED BY THE TOWN AND FURNISHED UPON REQUEST. 7. SPECIFICATION -SAMPLES: ANY CATALOG, BRAND NAMES, OR MANUFACTURER'S REFERENCE IN THIS BID PACKET IS DESCRIPTIVE AND NOT RESTRICTIVE, AND IS USED TO INDICATE TYPE AND QUALITY LEVEL DESIRED FOR COMPARISON PURPOSES UNLESS OTHERWISE NOTED. BIDS ON BRANDS OF LIKE NATURE AND QUALITY MAY BE CONSIDERED UNLESS SPECIFICALLY EXCLUDED. SAMPLES, IF Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx �F 11�awhaOlr4®115 Town Council Minutes Page 84 of 321 Meeting DateP6lgA942,`3 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 REQUIRED, SHALL BE FURNISHED FREE OF EXPENSE TO THE TOWN. SAMPLES SHOULD NOT BE ENCLOSED WITH BID UNLESS REQUESTED. 8. PATENT RIGHTS: THE VENDOR AGREES TO INDEMNIFY AND HOLD THE TOWN HARMLESS FROM ANY CLAIM INVOLVING PATENT RIGHT INFRINGEMENT OR COPYRIGHTS ON GOODS SUPPLIED. 9. EVALUATION: RESPONSE TO SPECIFICATION IS PRIMARY IN DETERMINING THE LOWEST RESPONSIBLE BID. 10. FUNDING: THE TOWN OF TROPHY CLUB IS A GENERAL LAW MUNICIPALITY OPERATED AND FUNDED ON AN OCTOBER 1 TO SEPTEMBER 30 BASIS; ACCORDINGLY, THE TOWN RESERVES THE RIGHT TO TERMINATE, WITHOUT LIABILITY TO THE TOWN, ANY CONTRACT FOR WHICH FUNDING IS NOT AVAILABLE. 11. ASSIGNMENT: THE SUCCESSFUL BIDDER SHALL NOT SELL, ASSIGN, TRANSFER OR CONVEY THIS CONTRACT IN WHOLE, OR PART, WITHOUT THE PRIOR WRITTEN CONSTHE TOW 12. AUDIT: THE TOWN OF TRO CL ESERV THE RIGHT TO AUDIT THE RECORDS AND PERFOR F SUCCESSFUL BIDDER DURING THE CONTRACT AND FOR THR RS THEREAFTER. 13. PROTESTS: ALL PROTESTS REGARDING THE BID SOLICITATION PROCESS MUST BE SUBMITTED IN WRITING TO THE TOWN'S DIRECTOR OF PUBLIC WORKS WITHIN FIVE (5) WORKING DAYS FOLLOWING THE OPENING OF BIDS. THIS INCLUDES ALL PROTESTS RELATING TO ADVERTISING OF BID NOTICES, DEADLINES, BID OPENING, AND ALL OTHER RELATED PROCEDURES UNDER THE LOCAL GOVERNMENT CODE, AS WELL AS ANY PROTESTS RELATING TO ALLEGED IMPROPRIETIES OR AMBIGUITIES IN THE SPECIFICATIONS. THE LIMITATION DOES NOT INCLUDE PROTESTS RELATING TO STAFF RECOMMENDATIONS AS TO AWARD OF THIS BID. PROTESTS RELATING TO STAFF RECOMMENDATIONS MAY BE DIRECTED TO THE TOWN COUNCIL BY CONTACTING THE TOWN SECRETARY. ALL STAFF RECOMMENDATIONS WILL BE MADE AVAILABLE FOR PUBLIC REVIEW PRIOR TO CONSIDERATION BY THE TOWN COUNCIL. 14. INSURANCE AND BONDING: BIDDER SHALL COMPLY WITH ALL INSURANCE AND BONDING REQUIREMENTS AS SPECIFIED IN THE BID/CONTRACT DOCUMENTS. FAILURE TO MEET SUCH REQUIREMENTS SHALL DISQUALIFY THE BIDDER FROM AWARD. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx �F 11�awhaO d(5115 Town Council Minutes Page 85 of 321 Meeting DatePbg&Wv2'A3 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 15. LATE BIDS: BID PACKETS RECEIVED AFTER SUBMISSION DEADLINE SHALL BE RETURNED UNOPENED AND WILL BE CONSIDERED VOID AND UNACCEPTABLE. THE TOWN OF TROPHY CLUB IS NOT RESPONSIBLE FOR THE LATENESS OF MAIL CARRIER, WEATHER CONDITIONS, ETC. 16. ALTERING BIDS: BID PRICES CANNOT BE ALTERED OR AMENDED AFTER SUBMISSION DEADLINE. ANY INTERLINEATION ALTERATION, OR ERASURE MADE BEFORE OPENING TIME MABITIALED BY THE SIGNER OF THE BID, GUARANTEEING AUTHEN17. WITHDRAWAL OF BIDS: A BID PRICE MAYITHDRAWN OR CANCELED BY THE BIDDER FOR A PERIOTY (90) DAYS FOLLOWING THE DATE DESIGNATED FOR THE RECEIPT OF BIDS WITHOUT WRITTEN APPROVAL OF THE TOWN, AND BIDDER SO AGREES UPON SUBMITTAL OF BID. 18. PRESENTATION OF BIDS: COMPCIWD PACKETS MUST BE PRESENTED IN A SEALED ENVELOPE. 19. CHANGE ORDERS: NOO JENT ANY PERSON SHALL MODIFY OR OTHERWISE CHANGE, ORA T E TERMS, CONDITIONS OR SPECIFICATIONS STATED IN THE RESULTING CONTRACT. ALL CHANGE ORDERS TO THE CONTRACT WILL BE MADE IN WRITING BY THE TOWN OF TROPHY CLUB. 20. ADDENDA: ANY INTERPRETATIONS, CORRECTIONS OR CHANGES TO THIS BID PACKET WILL BE MADE BY ADDENDA. ADDENDA WILL BE SENT TO ALL WHO ARE KNOWN TO HAVE RECEIVED A COPY OF THIS BID PACKET. IF THE ADDENDA CONTAINS CHANGES TO THE "SPECIFICATION" OR "BID PROPOSAL FORM", BIDDERS SHALL ACKNOWLEDGE RECEIPT OF ALL ADDENDA OR THEY WILL BE DECLARED NON-RESPONSIVE. 21. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS/ AWARD BASED UPON BEST VALUE: A PROSPECTIVE BIDDER MUST AFFIRMATIVELY DEMONSTRATE BIDDER'S RESPONSIBILITY. THE TOWN'S AWARD OF BID WILL BE BASED UPON BEST VALUE TO THE TOWN IN ACCORDANCE WITH TEXAS LAW. THE TOWN OF TROPHY CLUB MAY REQUEST REPRESENTATION AND OTHER INFORMATION SUFFICIENT TO DETERMINE BIDDER'S ABILITY TO MEET THESE MINIMUM STANDARDS AND TO EVALUATE AND DETERMINE BEST VALUE TO THE TOWN, INCLUDING BUT NOT LIMITED TO: RESPONSIBILITY: IN DETERMINING RESPONSIBILITY, TOWN MAY CONSIDER: Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RamhaO d(5115 Town Council Minutes Page 86 of 321 Meeting DateP6lgA21i3 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 A. HAVE ADEQUATE FINANCIAL RESOURCES, OR THE ABILITY TO OBTAIN SUCH RESOURCES AS NEEDED; B. BE ABLE TO COMPLY WITH THE REQUIRED OR PROPOSED DELIVERY SCHEDULE; C. HAVE SATISFACTORY RECORD OF PERFORMANCE; D. HAVE A SATISFACTORY RECORD OF INTEGRITY AND E. BE OTHERWISE QUALIFIED AND BEST VALUE: IN DETERMINING THE BEST VALUE CONSIDER: A. THE PURCHASE PRICE; B. THE REPUTATION OF C D E F G H W61 THE BIDDER SERVICES; THE QUALITY OF THE BIDDER'S GOOF THE EXTENT TO WHICH THE GOODS ETHICS; AN AWARD; TOWN MAY DS OR TOWN'S NEEDS; THE BIDDER'S PAST RELATIONSHIP WITH THEWN THE BIDDER'S ABILITY TO COMPLY WITH LA ND RULES RELATING TO CONTRACTING WITH HISTORICALLY UNDERUTILIZED BUSINESSES AND NONPROFIT ORGANIZATIONS EMPLYING PERSONS WITH DISABILITIES; THE TOTAL LONG-TERM COST T E TOWN TO ACQUIRE THE BIDDER'S GOODS OR SERVICES; THE BIDDER'S ABILITY TO GUARA EE COMPLIANCE WITH DEADLINES AND QUALITY STANDARDS; A THE BIDDERS ABILITY TO CO PLY WITH ALL LAWS REGULATING EMPLO - IGI Y TO WORK IN THE UNITED STATES. SUCCESSFUL IDD SHALL DEFEND, INDEMNIFY AND SAVE HARMLESS TH TOWN OF TROPHY CLUB AND ALL ITS OFFICERS, AGENTS AND EMPLOYEES AND ALL ENTITIES, THEIR OFFICERS, AGENTS AND EMPLOYEES WHO ARE PARTICIPATING IN THIS CONTRACT FROM ALL SUITS, ACTIONS, OR OTHER CLAIMS OF ANY CHARACTER, NAME AND DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURY OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSONS, OR PROPERTY ON ACCOUNT OF ANY NEGLIGENT ACT OR FAULT OF THE SUCCESSFUL BIDDER, OR OF ANY AGENT, EMPLOYEE, SUBCONTRACTOR OR SUPPLIER IN THE EXECUTION OF, OR PERFORMANCE UNDER, ANY CONTRACT WHICH MAY RESULT FROM BID AWARD. SUCCESSFUL BIDDER SHALL PAY ANY JUDGMENT WITH COSTS, INCLUDING REASONABLE ATTORNEYS FEES, WHICH MAY BE OBTAINED AGAINST THE TOWN OF TROPHY CLUB AND PARTICIPATING ENTITIES GROWING OUT OF SUCH INJURY OR DAMAGE. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RamhaO d(5115 Town Council Minutes Page 87 of 321 Meeting DatePbg& 2'A3 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 23. TERMINATION FOR DEFAULT: THE TOWN OF TROPHY CLUB RESERVES THE RIGHT TO ENFORCE THE PERFORMANCE OF THIS CONTRACT IN ANY MANNER PRESCRIBED BY LAW OR DEEMED TO BE IN THE BEST INTEREST OF THE TOWN IN THE EVENT OF BREACH OR DEFAULT OF THIS CONTRACT. THE TOWN RESERVES THE RIGHT TO TERMINATE THE CONTRACT IMMEDIATELY IN THE EVENT THE SUCCESSFUL BIDDER FAILS TO 1) MEET DELIVERY SCHEDULES OR, 2) OTHERWISE PERFORM IN ACCORDANCE WITH THESE SPECIFICATIONS. BREACH OF CONTRACT OR DEFAULT AUTHORIZES THE TOWN TO AWARD TO ANOTHER BIDDER, PURCHASE ELSEWHERE AND CHARGE THE FULL INCREASE IN COST AND HANDLING TO THE DEFAULTING SUCCESSFUL BIDDER. 24. REMEDIES: THE SUCCESSFUL BIDDER AND THE TOWN OF TROPHY CLUB AGREE THAT EACH PARTY HAS RIGHTS, DUTIES, AND REMEDIES AVAILABLE AS STATED IN THE UNIFORM COMMERCIAL CODE AND ANY OTHER AVAILABLE REMEDY, WHETHER IN LAW OR EQUITY. 25. VENUE: THIS AGREEMENT WILL BE GOVERNED AND CONSTRUCTED ACCORDING TO THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN TARRANT/DENTON COUNTY, TEXAS. EXCLUSIVE VENUE SHALL BE IN DENTON COUNTY, TEXAS. 26. SILENCE OF SPECIFICATION: THE APPARENT SILENCE OF THESE SPECIFICATIONS AS TO ANY DETAIL OR TO THE APPARENT OMISSION FROM IT OF A DETAILED DESCRIPTION CONCERNING ANY POINT, SHALL BE REGARDED AS MEANING THAT ONLY THE BEST COMMERCIAL PRACTICES ARE TO PREVAIL. ALL INTERPRETATIONS OF THESE SPECIFICATIONS SHALL BE MADE ON THE BASIS OF THIS STATEMENT. 27. PREPARATION COST: THE TOWN WILL NOT BE LIABLE FOR ANY COSTS ASSOCIATED WITH THE PREPARATION, TRANSMITTAL, OR PRESENTATION OF ANY PROPOSALS OR MATERIALS SUBMITTED IN RESPONSE TO ANY BID, QUOTATION, OR PROPOSAL. 28. MINOR DEFECT: THE TOWN RESERVES THE RIGHT TO WAIVE ANY MINOR DEFECT, IRREGULARITY, OR INFORMALITY IN ANY BID. THE TOWN MAY ALSO REJECT ANY OR ALL BIDS. 29. BID OPENINGS: ALL BIDS SUBMITTED WILL BE READ AT THE TOWN'S REGULARLY SCHEDULED BID OPENING FOR THE DESIGNATED PROJECT. HOWEVER, THE READING OF A BID AT BID OPENING SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF SUCH BID OR AS ANY INDICATION THAT THE TOWN ACCEPTS SUCH BID AS RESPONSIVE. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 88 of 321 Meeting DatePbgA 2'63 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 THE TOWN WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE LAWS, TOWN OF TROPHY CLUB PURCHASING GUIDELINES, AND PROJECT DOCUMENTS, INCLUDING BUT NOT LIMITED TO THE PROJECT SPECIFICATIONS AND CONTRACT DOCUMENTS. THE TOWN WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND, ACCORDING TO STATE LAW , ALL BIDSCEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 89 of 321 Meeting DateP6P&6i' 1N3 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 STATEMENT OF BIDDER'S QUALIFICATIONS This form will be used in assessing a Bidder's Qualification and will be used to determine if bid submitted is from a responsible bidder. State law designates that contracts be awarded to the lowest responsible qualified bidder. Factors such as past performance, integrity of the bidder, conformity to the specifications, etc., will be used in evaluating bids. Attach additional sheet(s) as necessary. I&I Name: Business Address: How many years has your company been in bu How many years has your firm been present contract? un�Ws present name? the sge711111111litvge of work involved in this List any relevant Certifi s, ses, trations, etc., which qualify your company to meet the firemen f this bi List a er contracts co y currently holds (current client list) for similar servi r accounts si r in size, scope and nature to that of the Town of Trophy Club. I e account n e, nature of service(s) and annual dollar value. In the past three years, has you company failed to complete any work awarded to it? If yes, provide details on when, where and why. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 90 of 321 Meeting DatePAP5964A15 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 In the past three years, has your company had a contract terminated for failure to perform, or for failure to meet any requirements of the contract? &*If yes, provide details on when, where and why. In the past three years, have you, or your compaC en Department of the State of Texas, or by any Stcal state, local or federal, labor laws, regulations, orn and/or benefits to your employees? If yes, provide details on when, where aid why. Are there any judgme company, or its office If yes, provide detai� when cited by the La , for any violations of nonpayment of wages its, pfting, or outstanding, against your Is yoaWpany, or any its principals, presently debarred, suspended, proposed for debarm eclared ine le, or involuntarily or voluntarily excluded by any State, or Federal, a from p ipate in bidding on construction projects? If yes, pleas ch er of explanation. ACKNOWLEDGMENT: I (We), the undersigned, hereby certify that the above information is true and accurate and that the Agency will rely on said information as a basis for determining the bidder's qualifications for the Project being bid. The undersigned further understands that any material misrepresentation, or inaccuracy, stated above will result in bidder's disqualification, or if applicable, will constitute Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 91 of 321 Meeting DatePpgggiA2�R9 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 grounds for the termination of the contract for construction, should one have been issued to the bidder. Name of Company: Signature: Print Name: Title: REFERENC Proposals should include five institutions, of simila ame size, where your organization has provided services simi ar to those b equested at the Town of Trophy Club. Please include name, ti hone num nd email address of a contact person at each institution. Re be c d electronically; the requirement for email addresses is a nda ent. 1. Institution: Contact: Phone numb Email address: 2. itution: tact: number: Em dress:. 3. Institution'.W Contact: Phone number: Email address: 4. Institution: Contact: Phone number: Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 92 of 321 Meeting DatePAP59 fM5 Email address: TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 SECTION 4. BID PROPOSAL FORM r parties interested in this proposal as principals are those n7erein; (2) that this proposal is made without collusion with any other rson, firm, oration; (3) that bidder has carefully examined the Bid/Contrac nts, inc but not limited to the Agreement, Notice to Contractors, sp ca the p therein referred to; and (4) that bidder has carefully examined t cati ditions of the proposed work he sites. The undersigned agrjTof e all necessary labor, equipment, materials, tools apparatu it dental to providing landscape services as specified in the contra ations he satisfaction and approval of the Parks and Recreation Dire f tTrop Iub or his designee. aK m cc wl e> th rices are bids. ices and ;ssary to of work, 1h below J bond in The bid security accompanying this proposal shall be returned to all unsuccessful bidders. In the event the Town accepts the proposal and the bidder fails to execute a contract, file a performance bond, a payment bond, and insurance meeting the requirements specified herein, within the time frames specified herein (not to exceed 10 business days), the bid security shall become the property of the OWNER and shall be Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 93 of 321 Meeting DatePAP59642M5 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 considered as payment for damages due to delay, additional work, and inconvenience suffered by the OWNER on account of such failure of the bidder. It is understood that the work is to be completed in full within the time designated and that the successful bidder shall commence work within thirty (30) calendar days of Town's written notice to proceed and shall substantially complete such work as required by the Town within the time frame(s) designated by Town in the perfgLmance schedule. urn foil ids. The I for the SERVICE AREAS: Entrances to Me lin Cemeter , Point; Eagle's Ridge; The Woods; Trophy Lake Drive to Villag o Highwa Medians, slip roads and common areas on Trophy Club Drive, e Trop h e Drive; common areas west of Trophy Lake Drive; Medians o than e; edians on Trophy Wood Drive; Lot on Sonora; Triangle by Bridge T y C rive; Fairway Village Median; Oakhill Triangle; Ave 20 (2); ) Medians on Summit Cove; Two (2) Medians on Troon Dri ne Medi on Muirfield Court; One (1) Median on Colonial Court; (1) n on L Forres ive; One (1) Median on Cypress Court; One (1) Median o okhollo nne Median on St. Andrews Court; One (1) Median on Lake For o n on Turnbury Court; One (1) Median on Glen Eagles Court; On edian on Sunrise Court; One (1) Median on East Hillside Place; One on ne Drive; One (1) Median on Rushing Creek Court; One (1) Med' n Ro Cre ne (1) Median on Spring Creek; One (1) Median on Strai eek; Street ulde Indian Creek, beginning at Lot #74 on Colonial Court to Lo t Troon Cou treet Shoulder on Trophy Club Drive from Lee Court to Lot # 39 on I Drive; Tro Lake Drive and Village Trail; Portions east of Beck Creek bordered nding C Court and Highway 114; Skyline Park; Public trail system in The Lakes ivi Various berm areas fronting Highway 114; The Lakes' Subdivision Cr ree(3) open space areas; Bobcat Blvd common areas and medians; Various ntrance and common space areas within the Highlands(irrigation only); Rosebay Ct lot #48 in Highlands; Trails and open space; Independence Park; Harmony Park; Freedom Park; Lakeview Park; Trophy Club Park; Open space adjacent to the northern linear trail and ponds; Public Services Building; Police station; Town water tower property: MUD lift/well sites 1-13; Svore Building; MUD water storage area The Service Areas are identified for each area in the section titled exhibits, attached hereto. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 94 of 321 Meeting DatePAPgA fRh9 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 Maintenance Schedule: MEDIANS AND RELATED AREAS IRRIGATED: Entrance to Medlin Cemetery; Fox Point; Eagle's Ridge; The Woods; Trophy Lake Drive to Village Trail to Highway 114; Public Trail System in The Lakes' Subdivision; Trophy Wood Drive Medians; Trophy Lake Drive Medians; Trophy Club Drive Medians, slip roads and common areas; Indian Creek Drive Medians; Oak hill Triangle; Lake forest median; Muirfield Ct median; Fairway Village median; Brook Hollow Ln; Trophy Club Dr connecting trail; Common area west side of Trophy Lake Dr; police station; Public Service building; Ave 20 medians (2); Summit Cove medians (2) Rosebay Ct lot #48 in Highlands. Mowing Services: weeks. Cost per cycle 36 Cycles per year Annual Cost (#Cyc dal ( e time per week for (36) Hedging/pruning shrubs: Hedge and prune shrubs/bushes (include disposal of debris) (8) times annually. Cost per cycle 8 Cycles per year Annual Cost (#Cycles X Cost/cycle): Mulching: Mulch (2) times per year with cypress. 1. Tree rings and collars 2. Flowering beds and plant beds 3. Hedge lines Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 95 of 321 Meeting DatePbPg& 2,A3 4. Median beds Cost per cycle 8 Cycles per year Annl MED TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 Lot on Sonora; Triangle by Bridge on Trophy Club ; Lot on Oakh ve; One (1) Median on Colonial Court; One (1) Median on C ss Court; One (1) MWn on St. Andrews Court; One (1) Median on Lake For r ourt; (1) Median o Turnbury Court; One (1) Median on Glen Eagles Court; 1) an on Sunrise Court; One (1) Median on East Hillside Place; One (1) Medi shing Creek Court; One (1) Median on Roaring Creek; One (1) edian on S Creek; One (1) Median on Straight Creek; Street Shoulder on In ek, begin t Lot #74 on Colonial Court to Lot #1 at Troon Court; Street Shoul Club from Lee Court to Lot # 39 on Oakhill Drive; Trophy Lake Driv d Vi P rtions east of Beck Creek bordered by Winding Creek Court and 1 yline Park, (2) open space areas; Bobcat Blvd comm Roano e; water tower property on Bobcat Blvd; common area between an orum Mowing Services: w, wee e tr removal (1) one time per week for 18 weeks. Cost per c 18 C per year Annua (#Cycles ost/cycle): Hedging/prune bs: Hedge and prune shrubs/bushes (include disposal of debris) (8) times annually. Cost per cycle 8 Cycles per year Annual Cost (#Cycles X Cost/cycle): Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 96 of 321 Meeting DatePAPgAAi9 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 Mulching: Mulch (2) times per year with cypress. 1. Tree rings and collars 2. Flowering beds and plant beds 3. Hedge lines 4. Median beds Cost per cycle: 18 Cycles per year Annual Cost (#Cycles X Cost/cycle): FREEDOM PARK Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 97 of 321 .m rail E)nt; year. Meeting DatePAPgA�efRA9 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 Annual: 1. Install new fibar in playground 2. Replace artificial turf in big dog entrance 3. Install pea -gravel in both entrances IRT Bi-ai 1 A Cosi 2 Cy Ann Qua 1 Cosi 4 Cy Ann Move Mow, weed -eat and edge and remove animal feces (36) times per year (must be done on Tuesdays) Cost per cycle: 36 Cycles per year Annual Cost (#Cycles X Cost/cycle): Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 98 of 321 Meeting DateP6lgA fM3 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 Bi -weekly maintenance: 1. 2. 3. 4. Rake decomposed granite Inspect playground Remove debris in parking lot and front entrance Blow parking lot Cost per cycle 104 Cycles per year Annual Cost (#Cycles X Cost/cycle): Daily Maintenance: 1. 2. 3. 4. 5. 6. 7. 8. 9. Cost 258 Inspect drinking fountains and was Remove ground trash and rept)ba Inspect entry gates (5) Inspect 3 double gates Inspect doggy stations/replace Rake playground Wash out and refill large dog bowls Inspect dog equipme .•� Adjust and repair all ark signage Annual Cost (#Cycles) I �0 HARMONYPARK Mowing Services: ost/cycle) Mow, weed -eat and edge common areas and trails (36) times per year Cost per cycle: 36 Cycles per year Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 99 of 321 Meeting DateP6p&F2' 2�w3 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 Annual Cost (#Cycles X Cost/cycle): Bi -weekly maintenance: Co! 104 An r Bk Co: 2C An r 1. Add new fibar to playground 2. Scalp and remove clippings (soccer fields — fall) 3. Overseed soccer fields with Rye 4. Install sod in bare areas (soccer fields) 5. Top dress soccer fields 6. Add decompose granite to bocce ball court Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 100 of 321 Meeting DateP6Pg&f A15 Annual cost: Daily maintenance: I . 2. 3. 4. 5. 6. 7. Cost F 258 c) Annuz Quart Till fib Cost F 4 cycl Annuc, T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 Athletic maintenance: Reel mow soccer fields and weed -eat interior and perimeter fields twice per week for (36) weeks Cost per cycle 72 cycles Annual cost (#Cycles X Cost/cycle) Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 101 of 321 Meeting DateP6Pg&FgA2M3 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 Reel mow Ryed soccer fields once per week for (12) weeks Cost per cycle 12c Ann Pain Cosi 20 c Ann LAK Mov% I Cosi 24 c Ann Ath I Reel mow soccer fields twice per week for (36) weeks Cost per cycle 72 cycles Annual cost (#Cycles X Cost/cycle) Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 102 of 321 Meeting DateP6lgA A43 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 Reel mow Ryed soccer fields once per week for (12) weeks Cost per cycle 12 cycles Annual Paint sc Cost pe 9 cycleE Annual Daily m; 1. R 2. Ir Cost pe 258 cyc Annual Bi-annualmaintenance: Aerate fields (2) times per year Cost per cycle: 2 cycles per year Annual cost (#Cycles X Cost/cycle): Annual maintenance: Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 103 of 321 Meeting DateP6Pg& ti143 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 Top dress soccer fields Annual cost: INDEPENDENCE PARK: Mowing Services: Mow, weed -eat and edge common areas Cost per cycle: 36 Cycles per year Annual Cost (#Cycles X Cost/cycle): Athletic maintenance: Walk -behind Reel mow infields ice pe Cost per cycle 72 cycles Annual cost ( k for (36) weeks Reel mow outfields twi0per week for (36) weeks Cost per cycle 72 cycles Annual cost (#Cycles X Cost/cycle) Weed -eat baseball field interior and exterior perimeters twice per week for (36) weeks Cost per cycle Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaOlr4®115 Town Council Minutes Page 104 of 321 Meeting DateP6PAF4 A55 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 72 cycles Annual cost (#Cycles X Cost/cycle) uaiiy r 1. 2. 3. 4. 5. 6. 7. Cost p 258 cy Annua Twice 1. PFwasavilion 2. Power wash restrooms a. Scrub toilets b. Clean sinks c. Power -wash walls and floor 3. Remove accumulated infield material from surrounding turf in running lanes, arch, home plate and pitching mound 4. Remove all debris in dugouts 5. Remove all debris from infield 6. Wash down bleacher areas and dugouts 7. Blow parking lot 8. Refill clay in pitching mounds 9. Inspect all gates and double gates 10. Inspect playground 11. Inspect basket ball backboards and nets 12. Chalk field lines Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 105 of 321 Meeting DateP6PA�' 153 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 13. Hand rake running lanes, home plate areas, pitching mounds and bull -pens 14. Drag skinned areas with Toro Sandpro or equivalent Cost per cycle 64 cycles per year Annual cost (#Cycles X Cost/cycle) Twice a month maintenance: 1. Wash off accumulated infield material lanes, arch, home plate and pitching 2. Replace clay bricks in home plate 3. Clean out underground drains in fie 4. Add clay to all bullpens Cost per cycle 8 cycles per year Annual cost (#Cycles Once a month mai 3 cycles Annual cost Quarterly: ring warm season X Cost/cycle) Till fibar in playgrounds Cost per cycle: 4 cycles per year urrounding running Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 106 of 321 Meeting DatePAPgA�0Ai5 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 Annual cost (#Cycles X Cost/cycle): Bi -annual maintenance: Cost per cycle: 24 Cycles per year Annual Cost (#Cycles X Cost/cycle): Mowing Services: Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 107 of 321 Meeting DateP6pg&Po1�A3 CLTOWN OF *TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 Mow, weed -eat and edge common areas, sidewalks (12) times per year during pool season (must be done on Tuesdays) Cost per cycle: 12 Cycles per year Annual Cost (#Cycles X Cost/cycle): TROPHY CLUB PARK: Mowing Services: Mow, weed -eat, edge, tras common areas. Brush -hog beginners OHV area Cost per cycle 12 Cycles per year Annual Cost (#Cycles X Cost/cycle): Mowing Services: Mow and weed -eat be; Cost qj ycle: 36 cycles per year Annual cost (#CycleJ, MUD FACILITIES: Lift/well stations 1-13: (12) times annually. hhhs'� ind large on area (Trophy Gardens) (36) times per year Cost/cycle): Mowing Services: Mow, weed -eat, edge, (1) one time per week for 18 weeks. Cost per cycle: Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 108 of 321 Meeting DateP6lgA A9'3 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 18 Cycles per year Annual Cost (#Cycles X Cost/cycle): Svore Building: Mowing Services: Mow, weed -eat, and edge (1) one time Cost per cycle 36 Cycles per year Annual Cost (#Cycles X Cost/cycle): Trim shrubs (8) per year Cost per cycle 8 Cycles per year Annual Cost (#Cycl Bi -annual color chan Mulch Cost 2 Cycles annual color Annual Cost (#Cycles X Cost/cycle): Water Storage Facility: geek for (36) weeks. Mowing Services: Mow, weed -eat, edge, (1) one time per week for 18 weeks. Cost per cycle: Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx �F 11�awhaO d(5115 Town Council Minutes Page 109 of 321 Meeting DateP6lgAwoms T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 18 Cycles per year Annual Cost (#Cycles X Cost/cycle): DRAINAGE MAINTENANCE: The Town has several drainage areas that require both trash and vegetation removal. Work in these areas requires a minimum of threr k rs wearing wading gear. 120 man-hours per week Cost per cycle: Annual Cost (#Cycles X Cost/cycle): Provide. (4) hours geneD park support services for the Town both Saturday and Sunday morning andmnernoons for general labor for (36) weekends annually. This position must be able to effectively communicate with the general public. Cost per weekend 36 Cycles per year Annual cost (#cycles X cost per weekend) IRRIGATION: Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx �F 11�awhaO d(5115 Town Council Minutes Page 110 of 321 Meeting DateP6lg�� AIS T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 Weekly: Provide (80) eighty hours general irrigation services for the Town, including but not limited to: installation and repair of general and specific irrigation components and auditing and maintaining current system (materials will be provided by the Town). Cost per hour 80 hours per week Annual cost (80 hours per week X cost per hour X 52 wei CHEMICAL APPLICATION: Weekly: Provide (40) forty hours of herbicide, fe support. Cost per hour 40 hours per week Annual cost (40 hours per week st Lr, pesticide and spot spraying Annuall07S;! Fire Ant contp Choice per 1,000 sq. ft Annual Cost: Grub control/ 1.8 lbs of Merit per 1,000 sq. ft Annual Cost: Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 111 of 321 Meeting DateP6BgAwo' 3 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 Bermuda fertilization and herbicide product and schedule for irrigated areas: Mid -Late February Spring Pre -Emerge — apply by the end Granular or Liquid —Barricade .75 lbs of February for optimum control per 1,( Mid -April 21-0-0 application to kick start the Bermuda May IV fertilize using 25-0-10150% Uflexx 12% Fe 1 o gat 6 lbs per 1,000 sq. ft. Post emerge control of broadleaf weeds with Vessel 3 -way herbicide and grassy weeds (crabgrass) with Drive XLR812 gallons of water per 1,000 sq. ft July fertilization using 25-0-10150% Uflex % F t 6 lbs per1000 sq ft Post emerge control of nutsedge 0Z September fertilize using 25-0-10 Should last 8 weep Novembe 1q 0-0-22 K -mag application per 1000 sq ft Mg at 6 lbs per1000 sq ft Prior to Spring pre -emergent application Spot spray 1% round -up on all weeds when turf is dormant Annual Cost: SPECIAL EVENTS SUPPORT: Annually: Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 112 of 321 Meeting DatePbPgAWQ1M3 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 The Town holds the following events at which we will need the specified number of workers to be available for the amount of hours requested (this may be over a two day period involving both set-up and take-down): Fall Fes+ix"n' Fall Can Christm Set-ul Easter Back to Spring ( July Fot Petfest Spring E Garden Cost pei 393 hou Annual A 1w1r%r1enrc/7:1 hr%iirc MISCELLANEOUS SERVICES: Bi -annual color change (include labor and bed prep in flat price): Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 113 of 321 Meeting DateP6WAfMs TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 Cost per flat 2500 flats Annual cost (#flats X cost per flat) Tree nriir%;nn �nri rl;cr,�c�l- Cosi 1401 Annl Gem Cost 1,74' Annl (Address) In the event of the award of a contract to the undersigned, the undersigned will (1) furnish a performance and a payment bond for the full amount of the contract as Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 114 of 321 Meeting DatePAPgA et59 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 specified herein, (2) secure proper compliance with the terms and provisions of the contract, and (3) guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. The work proposed to be done shall be accepted when the Town is satisfied that work is fully completed and finished in accordance with the plans and specifications. The undersigned certifies that the bid prices contained in t oposal have been carefully checked and are submitted as correct and final. Receipt is hereby acknowledged for the following aGWda fMWproposal: Addendum No. 1 Dated Addendum No. 2 Dated Addendum No. 3 Dated Addendum No. 4 Dated (If a FFeceived _ Receiv _ ec CO CTOR Title Address City, State, Zip Telephone -END OF PROPOSAL- Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 115 of 321 Meeting DatePApg&WeLM9 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 SECTION 5. RESIDENT/NON-RESIDENT Rin FC)RM TO BE CONSIDERED: V.T.C.A. Government Code Section 2252.002: Non-resid idders. Texas law prohibits cities and other governmental units from awardin to a non-resident bidder unless the amount of such bid is lower than the to id b xas resident by the amount the Texas resident would be required nderbid in non-resident bidder's state. In order to make this determination, please ans the follq& questions: 1. Address and phone number of your principal plybusiness: 2. Name and add?I your company's prin iness, and phone number of r: 3. Name and address of principal place of business, and phone number of your company's ultimate parent company: Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 116 of 321 Meeting DatePAPgA 0Ai5 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 Signed by: Contractor Printed Name: Date Signed: Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx 1TnaRmhaOud®115 Town Council Minutes Page 117 of 321 Meeting DatePAgAPAM3 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 SECTION 6. **PARK SERVICES AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB AND CONTRACTOR **This document is a substantial copy of the Agreement that the successful bidder will be required to execute. The Town reserves the right to make changes to this document as it deems appropriate and necessary based upon the actual project awarded. The successful bidder will be required to execute,. provided below. Insurance and bonding require bidder will be provided a final Agreement for execu bid. STATE OF TEXAS COUNTY OF DE reement substantially in the form L ust be met. The successful bsequent to Council award of MEN BY THESE PRESENTS: THIS AGREEMENT for wing services (hereinafter referred to as "Agreement"), is entered into this day 2015, by and between the TOWN OF TROPHY CLUB, TEXAS, a Home Rule Municipality (hereinafter referred to as "Town"), , and of Texas (hereinafter referred to as Contractor), both acting through their duly authorized officers or employees. WITNESSETH: WHEREAS, Town desires to contract with Contractor to provide landscape services for a number of areas of public or publicly controlled property within the Town which are shown a copy of which is attached hereto and incorporated herein for all purposes (hereinafter called "Property"); and WHEREAS, Town, under the terms and conditions set forth herein, is agreeable to Contractor providing Park Services, in accordance with this Agreement, in and upon the Property. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 118 of 321 Meeting DatePbPg&R4 5 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 NOW, THEREFORE, for and in consideration of the covenants, obligations and undertakings to be performed by each of the parties to this Agreement, the parties do hereby agree as follows: 1. SCOPE OF SERVICES. A. Services. Contractor shall provide the follow i rvices in accordance with the Contract Documents which incl out limitation, the following: Addendums to this Contract Pa rvices and this Contract for Park Services (hereinafte ark Servic Exhibit "A" - "Specifications/Contract Documents ark Services e Town of Trophy Club, Texas", including wi limitation Sections ough 11, a copy of which is attached her nd inc o ated herein; xhibit "B" — Insurance Requirements; E Contractor's Proposal", a copy of which is attached hereto a orated herein. The above listed Co cuments omplementary and what is called for by one shall as if d for by all. In the event of an inconsistency in of th s f the Contract Documents, the inconsistency shall Ive giving precedence to the Contract 9�ts in th r in which they are listed above. 1.Cat g: ary ith ss catchers or mulching capability so arged onto the streets or upon sidewalks; re owers with grass catchers for baseball infields and it r other turf mowing 2. E - C ctor shall edge with a blade all curbs and sidewalks at mowing. Edging shall be done in conjunction with each mo cycle. Edging with string type trimmers is not permitted ex by permission of the contract administrator. d -eating- Contractor shall use a weed eater at each mowing to ovide a manicured appearance. Contractor shall use such weed eater to cut all grass, weeds, and other natural plant materials in areas where a mower may not be used, including but not limited to weed eating around trees, edgings, shrubs, fencing and other obstacles, whether natural or manmade. Trimming shall be performed concurrently with mowing. Trimming shall be done in such a way as to not damage trees or shrubs. 4. Litter/ Debris- Contractor shall remove litter/debris from property is performed for both aesthetic and safety reasons. Litter on property is to be removed prior to mowing. Responsibilities shall includeboth Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 119 of 321 Meeting DatePAP59 OM5 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 organic and inorganic debris. Contractor is responsible for the disposal of such debris. 5. Painting/Chalking field lines- Contractor shall apply field paint with an airless sprayer designed for marking athletic fields. Aerosal paint is not acceptable. 6. Core aerification- Contractor shall aerify with tractor mounted, pto, cam type core aerifier equipped with 3/ side eject tines, spaced on no more than 3 to 3.5 inche ers, and a minimum coring depth of 3 inches. The cores are ught to the surface and pulverized back into the turf. 7. Topdressing- Topdressing shall done a cified on all Bermuda turf areas with a mat at shall be o ilar profile to the soil below the turf. It s e applied at '/4 " de r proper coverage at a rate of 3/4 cu rds per 0 sq. ft. 8. Mulch- Contractor shall m a st 3" of shredded cypress mulch around all landscaping er beds. 9. Pruning- Contrac or shall pr s required to maintain a consistently unif earance edges, shrubs, trees and ground cover. Tr e t 8- bove roads and right-of- ways and walks d ding ents. All pruned materials must be removed an is d o e Contractor. Pruni inclu D dying nsightly branching b. Cr ed bran s C. win om or near the base of the plant d h that interferes with view, walks, lighting, or signage. Townithply the materials for the Additional Maintenance Services ay re st Contractor provide a quote for those materials. Town rese the right to select the most financially beneficial option. Mowi chedule. Contractor shall provide all Maintenance Services WThsclhed ance with the maintenance schedule provided by Town. Such shallbe provided annually based upon the Town's fiscal year. ule may be modified by the Town annually. Town shall provide written notice to Contractor in the event of such modification. Contractor shall mow according to the schedule and shall not deviate from that schedule or provide maintenance services or any additional services other than those specifically provided in the Town issued maintenance schedule without the prior written authorization of Town. 3. RESPONSIBILITIES OF CONTRACTOR, Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 120 of 321 Meeting DatePAP59F4A15 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 A. Contractor shall be responsible for any and all damaged sprinkler heads and irrigation equipment, and general damage to the Property or any equipment or fixtures thereon. It shall be the sole responsibility of Contractor to immediately flag and report all such damage to the Town's Parks and Recreation Director or his designee. Contractor shall be responsible for all costs for repairing such damage. Town shall, in its sole discretion, dedu e costs of those repairs from the current payment due to Co tor. Failure by Contractor to report any such damage to T shall be a breach of this Contract. Contractor shall furnish or cause to labor, equipment accessories ond Maintenance Services in acc specifications provided by th The Town shall in; Contractor for qua Agreement, andC� are necessary to accordance with Tov rnished,'q necessar :h this Ag expense, all Lovide Park t and all nce Services provided by with the terms of this red to take such steps as to be accomplished in areement. come effective upon signing and work issuance of notice to proceed by Town. Vfor a period of one (1) year from the mutual agreement of the parties, may f three (3) terms of one (1) year each. in r shall provide the Town with a primary and secondary in about maintenance of the Property and nten Services specified hereunder, along with phone they can be each reached at all times. The Town shall base with such information solely for the operational and poses of the Town. Contractor shall notify the Town of any ie contact persons or phone numbers within ten (10) days of in the contact information. 6. CONSIDERATION. In consideration for the compensation provided hereinbelow, Contractor, its representatives, successors or assigns, at its sole expense, shall furnish all labor, materials, equipment, accessories and services, necessary to provide Park Services in accordance with the approved Specifications and Additional Maintenance Services for the Property as requested by the Town. Town shall pay Contractor an amount not to exceed ($ ) in accordance with Contractor's Proposal, a copy of which is attached hereto Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 121 of 321 Meeting DatePAPgA eAR9 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 and incorporated herein as Exhibit "A". In the event of a conflict between the terms, provisions, or pricing of Contractor's Proposal and this Agreement, the terms of this Agreement shall control. Total compensation hereunder shall not exceed annually. Payments shall be made monthly and shall be due within thirty (30) days after receipt and approval of invoice by Town. Invoices shall be submitted in the format required by Town. 'Ai., 7. INSURANCE. Contractor, including his/her re ive subcontractors, representatives, agents, and assigns providing in fulfillment of the obligations of Contractor under the terms of Agr nt shall provide and maintain insurance as specified in E it "B" thr out the entire term of this Agreement. Should Contrac it to comply wi provision, Town may terminate this agreemen n five (5) days wri notice to Contractor. 8. RIGHTS AND RESPONSIBILITIES On The Town reserves the right to periodically,inspec the Property termine that such areas are being properly maintaine tractor. on such inspection, Town finds that Contractor is no o taini ch areas, Town shall so notify Contractor in writing, cifyi ci ncies. If Contractor does not remedy such deficiencie it ive ays following receipt of such written notice hall h e option of performing the necessary maintenanc rk i and d cting such costs from payments made to Contract reunder to bill C actor for all costs incurred, whether by a third p indepe trac retained by Town or by the Town. Contract o II 1hts to Town under this Section within ten (1 QLdays o of a statement from the Town. 9CbRMI N: pt as otherwise provided herein, this Agreement may termin bye r party with a one hundred and twenty (120) day tten noti Contractor shall notify the Town, "Attention: "Parks and creation ctor", in writing, of its desire to terminate this Agreement and its mai ance responsibilities for the Property. 10. IND ICATION: Contractor, its representatives, successors, officers, agents nd assigns hereby covenant and agree that no claim, loss, cause of action, suit or other action for damages resulting from death or personal injury to any of the above, or damage to personal property belonging to any of the above, or based in any manner upon the Landscape Services and Additional Maintenance Services on the Property, will ever be instituted by Contractor, its representatives, successors, or assigns against the Town, its officials, officers, representatives, agents or employees. In the event that a claim or cause of action is brought by a representative, successor, agent, officer, employee, assign, or any other third party for whom Contractor is Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 122 of 321 Meeting DatePAPgA M5 11 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 legally liable, Contractor shall release, hold harmless, defend and indemnify the Town against any such claim or cause of action. Contractor, its officers, employees, agents, representatives, successors, and assigns hereby covenant and agree to release, defend, indemnify and hold the Town, its officials, officers, agents and employees harmless from and against any and all claims, loses, suits, causes of a ' n or demands of any nature whatsoever attributable to, arising out or resulting from Landscape Services and Additional Maintenance S es for the Property. ENTIRE AGREEMENT: This Agreement complete understanding between Town an hereunder may be modified or amended by Contractor and the Town, their re ntz No other representation or agre t bet except as set forth herein, shall be b VENUE: The laws of the validity, performance, a County shall be the exclus the terms and conditions of IN WITNIq day and ye (tractor aRq written inst the entire and Lrequirements t executed ,successors ► Town and assigns. all govern the interpretation, �of greement, and Denton any action to enforce y of tNns'sections, s, sections, subsections, sentences, r ions, nts, conditions or any other part of this son be invalid, void or unenforceable, the 6 sentences, clauses, phrases, or any other part of this contract shall and effect and shall in no way be affected, impaired or Th'Varties agree that one (1) or more instances of Town in the exercise of its rights herein shall in no way 'er thereof. PrHEREOF, the parties hereto have executed this Agreement the rst above written. CONTRACTOR: BY: (Signature) Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 123 of 321 Meeting DatePAP59M9 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 (Print Name) (Title) STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the , 2015 by day of Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docxF 11�awhaOud(5115 Town Council Minutes Page 124 of 321 Meeting DatePbPgAWQ M5 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 of CONTRACTOR, a STATE OF TEXAS COUNTY OF DENTON partnership/corporation, on behalf of such Notary F-mic, 5t< This instrument was acknowledg 2015 by NICK SAI TROPHY CLUB, TEXAS, ageneral law municipality. T beforme on the day of )ERS, Mayor, of the TOWN OF municipality, on behalf of such Public, State of Texas Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 125 of 321 Meeting DateP6PAW 1M3 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 EXHIBIT "A" Specifications/Contract Documents for Landscape Services for the Town of Trophy Club Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx 1TnawhaOud(5115 Town Council Minutes Page 126 of 321 Meeting Dat@a4paw'PAi3 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 EXHIBIT "B" Insurance Requirements Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx �F 1TnaRmhaOud®115 Town Council Minutes Page 127 of 321 Meeting Dat@a4fp4PA 3 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 EXHIBIT "C" Contractor's Proposal Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx 1TnawhaOud(5115 Town Council Minutes Page 128 of 321 Meeting Dat@a4fp4R4 ffi9 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 SECTION 7. PERFORMANCE BOND Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx 1TnawhaOud(5115 Town Council Minutes Page 129 of 321 Meeting Dat@a4fpAgA CIR3 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That address is hereinafter called Principal, and a corporation organized and existing under the laws of fully licensed to transact business in the State of Texa held and firmly bound unto the TOWN OF TROP municipal corporation, hereinafter called "B ci whose ate , and ereinafter "Surety", are LUB, TEXA eneral law ry", in the pe sum of ($ ) in lawful money ofnit County, Texas, for the payment of which sum ourselves, our heirs, executors, admi istrators and firmly by these presents. This Bond omaticall any Change Order or Supplemental A e ch inc in no event shall a Change Order o upple Contract price decrease the penal sum o s d. 911116 OLLARS Prates, to be paid in Denton truly to be made, we bind 3sors, jointly and severally, creased by the amount of s the Contract price, but ment which reduces the THE OBLIGATILrt O SAM conditioned as follows: Whereas, the Principal entered into n Cract wit eTown of Trophy Club, the Beneficiary, dated on or about A.D. which is incorporated herein reference, for the construction of certain public improvements thenerally described as follows: for the Town of Troahv Club , THEInder if the Principal shall well, truly and faithfully perform and fulfill al a uns, covenants, terms, conditions and agreements of such Contract in rdathe plans, specifications and contract documents during the original term any extension thereof which may be granted by the Beneficiary, wit notice to the Surety, and during the life of any guaranty or warranty required Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of such Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 130 of 321 Meeting Dat@aA?PA i015 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that such Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed therZonond, he Specifications accompanying the same shall in anywise affect its obligatioand it does hereby waive notice of any such change, extension of timeor addition to the terms of the Contract, or to the Work or to the Specifications This Bond is given pursuant to the provisions V.T.C.A., rnment Code Section 2253.001, et seq., and any other applicable es of the Stat exas. The undersigned and designated age hereb signated by he Surety herein as the Resident Agent in Denton Co or nt County to whom any requisite notices may be delivered and on who of process may be had in matters arising out of such suretyship, s provided b T.S., Insurance Code Article 7.19-1. IN WITNESS WHEREOF, this i men to in copies, each one of which shall be deemed an original, ' ay of , ATTEST: ATTEST: PNIPAL: Name TITLE: SURETY: BY: Name TITLE: The Resident Agent of the Surety in Denton County or Tarrant County, Texas, for delivery of notice and service of process is: /_ 0YA14 STREET ADDRESS: Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 131 of 321 Meeting Dat@aA?PAF8F0i035 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date that Town Council awarded Contract. Date on Page 2 of Performance Bond must be after the date that Town Council awarded the Contract. If Resident Agent is not a corporation, give a person's name. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx �F 11�awhaO d(5115 Town Council Minutes Page 132 of 321 Meeting Dat@a�46i4iG43 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 SECTION 8. PAYMENT BOND Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx 1TnawhaOud(5115 Town Council Minutes Page 133 of 321 Meeting Dat@a4fp46i iC43 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That whose address is , herein , a corporation organized of the State of and fully licensed to trans Texas, hereinafter "Surety", are jointly and severalledcol TOWN OF TROPHY CLUB, TEXAS, a general laic called "Beneficiary", and unto all persons, firm materials for, or perform labor upon the buildi impro the penal sum of ($ ) in lawful money of the t County, Texas, for the payment of w ich sum we ourselves, our heirs, executors, ad rs and s firmly by these presents. This Bond ally b any Change Order or Supplemental Ag men e in no event shall a Change Order or p enta r Contract price decrease th�sum oflWond. WHEREAS, dated on or abou4 incorporated herein Town of Tronhv Cl THEREP' dutie make promp claiman plying lab such Con Vtg hereafter be waived, the effect. E led "Principal", and ng under the laws us in the State of and firm and unto the ipal corpor hereinafter porations who y furnish Pents describe below, in DOLLARS ates, to be paid in Denton truly to be made, we bind sors jointly and severally, reased by the amount of a es the Contract price, but Bement which reduces the F'rincipal tered in certain Contract with the Beneficiary, of , A.D. which is a by reference, for Park Services for the E, if Principal shall well, truly and faithfully perform its yment to all persons, firms, subcontractors, corporations and nd/or material in the prosecution of the Work provided for in all duly authorized modifications of such Contract that may ce of which modification to the Surety is hereby expressly ation shall be void; otherwise it shall remain in full force and PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 134 of 321 Meeting DatRaA?PAFBF0iA5 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of V.T.C.A., Government Code Section 2253.001, et seq., and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby design --4—d by the Surety herein as the Resident Agent in Denton County or Tarrant ty to whom any requisite notices may be delivered and on whom service of ess may be had in 0 matters arising out of such suretyship, as provided by V.A. rance Code Article 7.19-1. IN WITNESS WHEREOF, this instruis cuted in copi ch one of which shall be deemed an original, this thement day of , ATTEST: ATTEST: PRINCIPAL' SU Name TITLE: The Re'lWt Agent of thdWrety in Denton County or Tarrant County, Texas, for delivery of notice andqMkce of the r)ss is: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Payment Bond must be same date that Town Council awarded Contract. Date on Page 2 of Payment Bond must be after the date that Town Council awarded the Contract. If Resident Agent is not a corporation, give a person's name. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 135 of 321 Meeting Dat@aAAF4i 5 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 SECTION 9. INSURANCE REQUIREMENTS Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx 1TnawhaOud(5115 Town Council Minutes Page 136 of 321 Meeting Dat@a4fpAWoi(Di3 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 INSURANCE REQUIREMENT AFFIDAVIT TO BE COMPLETED BY APPROPRIATE INSURANCE AGENT MUST BE RETURNED AS PART OF BID I, the undersigned agent, certify that the insurance requirements: contained in this bid document have been reviewed by me with the below -identified contractor. If the below - identified contractor is awarded this contract by the Town of Trophy Club, I will be able, within ten (10) working days after being notified of such award, to furnish a valid insurance certificate to the Town meeting all of the requirements contained in this bid. Agent's Signature Name of Insurance Carrier Address of Agency City/State Phone Number Name of Contractor ent Name (Print or Type) RN TO before me this Notary Public, State of Texas NOTE TO AGENT: If this time requirement is not met, the Town has the right to declare this bidder non -responsible and award the contract to the next lowest qualified bidder meeting the specifications. If you have any questions concerning these requirements, please contact the Town of Trophy Club at 682-831-4690. day of Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx RawhaO d(5115 Town Council Minutes Page 137 of 321 Meeting Dat@a4fp4gA 053 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 INSURANCE CHECKLIST (SERVICES) ("X" means the coverage is required.) Coverages Required X 1. Workers' Compensation & Employers' Liability 2. For Future Use 3. Town Approved Alternative Workers' Comp. Program X 4. General Liability X 5. General aggreg per project (CG X 6. Premises/O X 7.IndepCc XI X 9. X 10. ContracflWiability X 11. Personal Injury Liability 12. XCU Coverages X 13. Automobile Liability X 14. Owned, Hired & Non -owned StatutoryI $100, $50 ccident $1( policy limit d Texas hQ disease ical, safety program No. 26 b0 each incident rrence $500,000 combined single limit for bodily injury and property damage damage each occurrence with $1,000,000 general aggregate that applies to project under contract $500,000 each offense & aggregate $500,000 Bodily Injury & Property Damage each accident Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 138 of 321 Meeting Dat@aA?PA PT1195 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 15. Motor Carrier Act Endorsement 16. Professional Liability 17. Garage Liability 18. Garagekeepers' Legal X 19. Owners Protective Liability $500,000 Bodily Injury & Property Damage each accident. W .� $ - Comp $ - Coll' $500,000 CW X 20. Town named as additional insured on oth to all other coverages the Town may posA X 21. Town provided with Waiver of Sub Alternative program if applicabley X 22. Ten (10) days notice of cancel reduction endorsement required. end of sentence) are to be elimi on standard ACORUAINKkates. X 23. The Townof better or St the State of pool or alternati X 24. I have reviewe rrence le limits primary Workers' Compensation or trial change or coverage or to" and "but failure" (to ce of Cancellation provision M. Best's Guide Rating of "A-", Wl" or or better; Authorized to do business in )rkers' compensation assigned through n programs). bid number and bid title or project. irements with the bidder named below. Additionally: X 26. The above policy(s) carry the following deductibles: Full limits of coverage available for: General Liability Automobile Liability X 27. Liability policies are (indicate): Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 139 of 321 Meeting Dat@aA?PA Ah9 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 OCCURRENCE[] CLAIMS MADE [ ] Insurance Agent (Print) Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx 1TnaR haOud(5115 Town Council Minutes Page 140 of 321 Meeting Dat@a4fp4Wot%13 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 y'4-11_1hIIIi W INSURANCE COVERAGE INSURANCE INSURANCE: (Review this section carefully with your insurance proposal submission. See "Insurance Checklist" on the last pag applicable to this contract). The Insurance Checklist is incorpo 1 General Insurance Requirements: The Contractor shall not start work u has obtained at his own expense a and such insurance has been Contractor allow any subcontracto all insurance required of the subcc approved by the Contr tor. Apl Contractor and subcontbh only after submission insurance or, alternately, required insurance policies. bont prior to bid or pecific coverages herein. is Contract un Contractor insu anc 3 called ereunder eke Town; nor shall the on any subcontract until R` has been so obtained and insurance required of the rophy Club will be granted n I, signed certificates of Guest, certified copies of the quire ubcontractors to maintain during the term t ommer General Liability insurance, Business RO Win and Workers' Compensation and the same manner as specified for the Contractor shall furnish subcontractors' certificates of >wn immediately upon request. ►olidWrequired hereunder shall be endorsed to include the ision: "It is agreed that this policy is not subject to on -renewal, material change, or reduction in coverage until prior written notice has been given to the, Town of Trophy NOTE: The wordy"endeavor to" and "but failure to mail such notice shall impose no obligation to liability of any kind upon the company, its agents or representatives" are to be eliminated from the cancellation provision of standard ACORD certificates of insurance. 1.4 No acceptance and/or approval of any insurance by the Town shall be construed as relieving or excusing the Contractor, or the surety, or its bond, from any liability or obligation imposed upon either or both of them by the provisions of the Contract Documents. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 141 of 321 Meeting Dat@aA?PAqAA39 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 1.5 The Town of Trophy Club (including its elected and appointed officials, agents, volunteers, and employees) is to be named as an additional insured under all coverages except Workers' Compensation and the certificate of insurance, or the certified policy, if requested, must so state. Coverage afforded under this paragraph shall be primary as respects the Town, its elected and appointed officials, agents and employees. 1.5.1 The following definition of the term "Town" applies to all policies issued under the Contract: The Town Council of the Town of Trophy Club and any affiliated or subsidiary Board, Authority, Committee, or Independent Agency (including those newly constituted), provided that such affiliated or subsidiary Board, Authority, Committee, or Independent Agency is either a Body Politic created by the Town Council of the Town of Trophy Club, or one in which controlling interest is vested in the Town of Trophy Club; and Town of Trophy Club Constitutional Officers. 1.6 The Contractor shall provid>insnce as s ecified in the "Insurance Checklist" (Checklist) foun-t page*of the bid or proposal form. Full limits of insurance requiChecklist of this agreement shall be available for claims arising out of this agreement with the Town of Trophy Club. 1.7 THE CONTRACTOR COVENANTS TO SAVE, DEFEND, HOLD HARMLESS AND INDEMNIFY THE TOWN AND ALL OF ITS ELECTED OR APPOINTED OFFICIALS, AGENTS AND EMPLOYEES (COLLECTIVELY THE "TOWN") FROM AND AGAINST ANY AND ALL CLAIMS, LOSS, DAMAGE, INJURY, COST (INCLUDING COURT COSTS AND ATTORNEY'S FEES), CHARGES, LIABILITY OR EXPOSURE, HOWEVER CAUSED, RESULTING FROM OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONTRACTOR'S PERFORMANCE OR NON-PERFORMANCE OF THE TERMS OF THE CONTRACT DOCUMENTS OR ITS OBLIGATIONS UNDER THE CONTRACT. THIS INDEMNIFICATION SHALL CONTINUE IN FULL FORCE AND EFFECT DURING ALL APPLICABLE STATUTE OF LIMITATIONS PERIODS. ADDITIONALLY, INDEMNIFICATION SHALL CONTINUE UNTIL THE CONTRACTOR COMPLETES ALL OF THE WORK REQUIRED UNDER THE CONTRACT, EXCEPT THAT INDEMNIFICATION SHALL CONTINUE FOR ALL CLAIMS INVOLVING PRODUCTS OR COMPLETED OPERATIONS AFTER FINAL ACCEPTANCE OF THE WORK BY THE TOWN FOR WHICH THE Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx �F 11�awhaOlr4®115 Town Council Minutes Page 142 of 321 Meeting Dat@a4fp4Wo' 9 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 TOWN GIVES NOTICE TO THE CONTRACTOR AFTER THE TOWN'S FINAL ACCEPTANCE OF THE WORK. 1.8 The Contractor shall be responsible for the work performed under the Contract Documents and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all descriptions used in connection with the work. The Contractor assumes al 'sks for direct and indirect damage or injury to the property or person d or employed on or in connection with the work contracted for, a all damage or injury to any person property wherever located, from any action, omission, commission or operation under th ntra in connection in any way whatsoever with the contracted yak, until fina ptance of the work by the Town. 1.9 Insurance coverage required in a sp throughout the Contract Term. Id acceptable evidence of current insur notice at any time durin the Contrac absolute right to terminr Contract the Contractor, and the II be Iadditional cost of procurioincomplete portion of the C tim Nations shall tae in force P'Contractor fail to provide iin seven (7) days of written i, the Town shall have the t any further obligation to o the Town for the entire e cost of performing the rmination. 1.113ontr o liability urance provided under this Contract shall a sup ion, in tion or engineering services exclusion preclu n fr supervising or inspecting the project as ontractor shall assume all on-the-job to the control of persons directly employed by it and of and any persons employed by the subcontractor. NothingainedVhe specifications shall be construed as creating any contracit ua lationship between any subcontractor and the Town. The Contractor all be as fully responsible to the Town for the acts and fissithe subcontractors and of persons employed by them as it is cton omissions of persons directly employed by it. 1.12 Pred'Wition shall be exercised by the Contractor at all times for the protection of persons, (including employees) and property. All existing structures, utilities, roads, services, trees and shrubbery shall be protected against damage or interruption of service at all times by the Contractor and its subcontractors during the term of the Contract, and the Contractor shall be held responsible for any damage to property occurring by reason of its operation on the property. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 143 of 321 Meeting Dat@aA?PA AA9 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 1.13 Written requests for consideration of alternate coverages must be received by the Town at least ten (10) working days prior to the date set for receipt of bids or proposals. If the Town denies the request for alternative coverages, the specified coverages will be required to be submitted. 1.14 All required insurance coverage must be acqu' from insurers authorized to do business in the State of Texas acceptable to the Town. The Town prefers that all insurers also h policyholder's rating of "A-" or better, and a financial size of "Clas better in the latest edition of A.M. Best, or A or better by St d a oors, unless the Town grants specific approval for an ex tion, in th a manner as described in 1.13 above. 1.15 The Town will consider deductib ounts art of its review of the financial stability of the bidder. A du ' s shall be disclosed in the Checklist and all deductibles sha sumed by the Contractor. Contractor may be required to provide f of financial ability to cover deductibles, or may be r to post a to cover deductibles. 2. Contractor's Insurance - "Occ nce' 2.1 The Contra II pur the following insurance coverages, including t rm vision d limits shown in the Checklist. 2.1.1 40&nmerci Ch Lialfty - Such Commercial General Liability Wr all of the following as indicated on the General aggregate limit is to apply per project. Premises/Operations: Actions of Independent Contractors; products/Completed Operations to be maintained for one year. Final ;ompletion and acceptance of the work, with evidence of same filed with owner. V. Contractual Liability including protection for the Contractor from claims arising out of liability assumed under this contract; vi. Personal Injury Liability including coverage for offenses related to employment; Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 144 of 321 Meeting Dat@aA?PA 5 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 vii. Explosion, Collapse, or Underground (XCU) hazards; if applicable. Coverage required for any and all work involving drilling, excavation, etc. 2.1.2 Business Automobile Liability including coverage for any owned, hired, or non -owned motor vehicles and automobile contractual liability. 2.1.3 Workers' Compensation - statutory benefits required by the State of Texas, or other laws as re d by labor union agreements, including Employers' Liabili age. 2.2 Owner's Protective Liability Insurance: In addition to the insurance describe o) pay for and maintain at all times Nbe the contract, an owner's protect b�ii Owner as insured for property da which may arise in the prosecuti under this contract. Co sh policy shall be issued insure Contractor's liability insur e. Limits of liabilitmw6Wl be as the ContractMWll obtain, ecution of the ork under ancpolicy naming the y injury, including death, )rk or Contractor's operation "occurrence" basis, and the "occurrence" that carries the nu j ry W $5 00 each occurrence v DaAFae $501LO each occurrence Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 145 of 321 Meeting Dat@aRMfffi9 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 EXHIBIT A-2 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: Certificate of coverage ("certificate" - A copy of a certi ' of insurance, a certificate of authority to self -insure issued by the co sion, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or T showing statutory workers' compensation insurance coverage for the on's tity's employees providing services on a project, for the duration q&ie project. Duration of the project - Includes the time the be inning of th�rk on the project until the Contractor's/person's w on the ct has been completed and accepted by the governmental entity. Persons providing services on te project ("s tractor" in Texas Labor Code § 406.096) - Includes all pers tities pert all or part of the services the contractor has undertaken the p t, regardless of whether that person contracted directly w he C n regardless of whether that person has employees. Thi n s, out limitation, independent contractors, subcon leasin panies, motor carriers, owner -operators, employees of a uch tity, or ployees of any entity which furnishes persons to pro service n the p t. "Services" include, without limitation, providing, h g, or eq ent or materials, or providing labor, transportation, th to a project. "Services" does not include activities unrelat e project, such as food/beverage vendors, office supply deli deli f portable toilets. B. Contract hall ide coverage, based on proper reporting of sification cod nd payroll amounts and filing of any coverage agreements, meets the utory requirements of Texas Labor Code, § 401.011(44) for all yees of contractor providing services on the project, for the duration of the ct. C. The ContraMor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 146 of 321 Meeting Dat@aA?PA M9 E F G A TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and no later than seven days after receipt by the Co of coverage showing extension of coverage, if th on the current certificate of coverage endj project. The Contractor shall retain all required certifi the project and for one year thereafter. The Contractor shall notify the Town delivery, within 10 days after the Contr change that materially affects thg provi services on the project. The Contractor shall post on e manner prescribed by the Texas all persons providin s on and stating how son VE a new certificate rage period shown ie duration of the duration of ,certified mail or personal Ir should have known, of any rage of any person providing pqmWn Mce, in the text, form and om ation Commission, informing )ct that they are required to be covered, rage and report lack of coverage. each person with whom it contracts to based on proper reporting of classification codes and filing of any coverage agreements, which meets the of Texas Labor Code, § 401.011(44) for all of its ,ig services on the project, for the duration of the Pftidthe Contractor, prior to that person beginning work on the p certificate of coverage showing that coverage is being provided fora employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, certificate of coverage period shown on the duration of the project; prior to the end of the coverage period, a new showing extension of coverage, if the coverage current certificate of coverage ends during the Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 147 of 321 Meeting Dat@aA?PAM9 J K. TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extens to the end of the coverage period, if the A the current certificate of coverage ends project; retain all required certificates of c project and for one year thereafter; notify the governmental entity i delivery, within ten (10) days after if any change that materially affec person providing services on the proje contractually require ea required by paragraphs provided to the person fl By signing this coverage, the Contractor compensation\ based on ropE all c f coverage, prior period shown on the duration of the ration of the lartified mail dr personal ew or should have known, ision of coverage of any ntracts, to perform as fres of coverage to be ding services. Mrovidinl1kir causing to be provided a certificate of jffepreserl& to the Town that all employees of the Wakeshe project will be covered by workers' n of the project, that the coverage will be g of classification codes and payroll amounts, and that will be filed with the appropriate insurance carrier or, in , with the commission's Division of Self -Insurance r misleading information may subject the Contractor es, criminal penalties, civil penalties, or other civil The ct ailure to comply with any of these provisions is a breach of contract Contractor which entitles the Town to declare the contract void if the Contra r does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 148 of 321 Meeting Dat@aA?PAM9 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 WORKERS COMPENSATION LANGUAGE TO BE IN POSTED NOTICE BY CONTRACTOR TWCC Rule 110.110, Section D.7 Each Contractor is required to post a notice informing all persons providing services that they are required to be covered, and stating how a person ay verify current coverage and report failure to provide coverage. This notice not satisfy other posting requirements imposed by the Act or other commissio s. This notice must be printed with a title in at least 30 point bold type and tex st 19 point normal type, and shall be in both English and Spanish and any Ian common to the worker population. The text for the notices shall be ,&. Figure 2:28 TAC §110 (d) (7) of this section, provided by the ission on th pie notice, without any additional words or changes. _ Figure 2:28 TAC §110 (d) (7) REQUIRED WORKE "The law requires that each Lwork this project must be c persons providing, ha or dtransportation or of ervice r employer or status emp TI OI41MV E RAG E Rhis site or providing services related to )mpensation insurance. This includes ment or materials, or providing labor or roject, regardless of the identity of their "Call the T orke ompensation Commission at 512-440-3789 to receive informati l q ent for coverage, to verify whether your employer has provid e require raglWo report an employer's failure to provide coverage." Effective September 1, 1994 Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 149 of 321 Meeting Dat@aAh fffi9 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 SECTION 10. CERTIFICATE OF INSURANCE (To Be Provided by Successful Bidder) Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx 1TnawhaOud(5115 Town Council Minutes Page 150 of 321 Meeting Dat@a4fp4oft13 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 GENERAL REQUIREMENTS 11. I. GENERAL INFORMATION 0 Intent It is the intent of these specifications to describe services for the Town of Trophy Club labor an is to maintain the same level of service an public well-being of the Town that curre I x irements for Park )n. The Objective n for the overall wn intends to award this contract to one Contractor reserves the to award a contract for all identified units o any combination units as determined beneficial and appro to the n and its o erations in the sole discretion of the Town. The unit cost for evaluatil services and complete all in the specific . fhe hourly cost to provide th the service as described Nequipment to be used in the execution of ing, but n limited to: tractors, mowers, riding mowers, equipment, transport vehicles and trailers. If bidder plans se any or all equipment, it shall provide evidence th wn that includes: 1) name, address, and telephone pan where equipment is to be leased/purchased, including equipment; 2) statement from that company that bidder sing/purchase of equipment specified. Dependent upon funding, prioritization and/or growth conditions, the Town may elect to increase/decrease the number or frequency of services. Notification will be in writing by contract administrator. Any increases/decreases will be calculated at the cost per cycle/hour bid. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 151 of 321 Meeting Dat@aA?PAFEAt9Q9 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 IL SPECIFI CA TIONS A. General Specifications 1. All work shall be performed Monday - Friday only. Work will not be allowed on Saturday or Sunday without prior permission or a request from contract administrator. Weekend d special event support will be coordinated by the Town. 2 All employees and equipment equipment devices, which include and eye protection, orange safety on vehicles. All equipment and meet OSHA safety standards. be in accordance with any is performed on medians sha it working conditions for contra The contract al Director or his must provide to co and address. Th workingimrs. TI shall the proper safety b e mited to hearing s , and f s/strobe lights nal protectiv pment shall ruing signs and b ding shall able or federalTaws. Work e t e of cones to ensure safe el and the public. shall he Parks and Recreation ®ring to f agreement, Contractor or a orking telephone number e answered during normal actor must also supply a cell phone visor to allow contact and coordination s needed. the end of each month pursuant to the responsible for property during damage done to plant maintenance operations. i for may not sell, sublet or otherwise assign any interest in fflFreement to others without written consent of Town of Trophy IF Town reserves the right to reject subcontractors retained by tractor to provide services under this agreement. 7. Anytime the Contractor is performing work for the Town the Contractor will be required to have an employee on-site that will be able to communicate effectively in English as needed with Town staff. Contractor and employees will be courteous to the public at all times while at the work site. Conflicts, or potential conflicts between required work and public use of a location, should be reported to the contract administrator Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 152 of 321 Meeting Dat@aRAFEAfffis TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 8. The parties agree the Town may cancel this agreement by providing sixty (60) written days notice to Contractor or within such time frame as specified in the Contract Documents. 0 Contractor will operate as an independent contractor and not as an agent, representative, partner or employee of the Town of Trophy Club, and shall control its operation at the wor ite and be solely responsible for the acts or omissions of its a ees. The Contractor's employees shall repo work in uniforms, including shirt and pants. Uniforms employees shall indicate Contractor's name. The Contractor shall submit an anization showing the structure of the management to om the on-site 4rvisor up to the person ultimately resp e for _the perform of this contract. The Contractor will provid times during any maintenance progress of thew or performed. The Parks and . n Dire right to request s i supervisor at any dun and meetings may s is Supervisor on site at all to be responsible for the his designee reserves the Iceetings with the on-site t. These site inspections Id become regular if there ce/wor y issues. shall e oy only those individuals who possess a )f Englis guage sufficient to permit dialogue with e g ral public. The language competency is ssion of Town personnel concerns and is and to be able to interact with the public as may be T artierknowledge that adherence by Contractor to the co tion schedule specified by the Town is essential to this Agr nent and failure to do so will harm Town. It is agreed by th rties that the actual damages which might be sustained loown by reason of the breach by Contractor of its promise complete in accordance with the provisions hereof are uncertain and would be difficult to ascertain; it is further agreed that the sum of FIVE HUNDRED DOLLARS AND NO/100 ($500.00) for each day that completion is overdue would be reasonable and just compensation for such breach, and Contractor hereby promises to pay such sum as liquidated damages, and not as a penalty, in the event of such breach. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 153 of 321 Meeting Dat@aA?PA t%9 16 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 Weather/growth conditions may cause the cancellation of a mowing cycle, as determined solely by the contract administrator. The contract administrator has the sole decision as to whether the weather/soil/turf conditions are appropriate for maintenance. Failure of the Contractor to abide with the contract administrator's decision may, in the discretion of Town, result in termination of the Contract. AL Contractor shall contact the contract Contractor's work schedule for the m ready for inspection. Failure to conta a regular basis may, in the discretj&o of Contract. Questions or administrator. Maintenance S 0 5 Locations/Sta on the maps K must be to the containad0hak,, strator to discuss i/or areas that are administrator on in termination contract Leas to owed are designated on eeto. All work performed RYM*"W'hether such standards are iments, contract documents, or are the Town to the Contractor. Von of work, the area will be inspected. Kited, the Contractor must correct them re to do so may result in termination of March - June July - November Mowing Frequency - The estimated frequency between the start of each cycle is 5 days. Edging - All curbs/sidewalks shall be edged every mowing cycle. 6. Trimming - All signs, poles, trees, planter bed edges, obstacles, expansion joints, concrete/paver areas, etc., shall be trimmed around with string trimmers. The turf shall be trimmed to the Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 154 of 321 Meeting Dat@aA?PA fM9 C. 7 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 assigned mowing height. Care shall be used to avoid injury to plant material. Trimming shall be completed concurrently with mowing on every cycle Litter - The Contractor shall be responsible removing any and all trash or debris, such as limbs three inches or smaller in diameter, r intended to be part of the landscape. Re sweeping/removing grass clippings fro Employee Specifications The Contractor shall be requiredffr of Texas on site during the perfo irrigation personnel that perform required to be an irrigatiotechnician. ,jiThe Contractor shall b d to h site during the applicati or pest control. The Contractor shall be re re ful for picking -up and Fer, cans, bottles, etc., which is not of trash will include ed irrigator by tion services. this contract the State Additional shall be nsed TDA applicator on - 1 to fertilization, herbicide pies of all licenses required by this contr a contr ministrator. The Cont r s aintai copy of his MSDS sheets with the Town at all ti LABOR FORCE field emplo of bidder shall wear uniforms identifying them as empl of the contra r. Employees driving the bidder's vehicles shall, at all times, possess carry a v vehicle operator's license from the State of Texas. The bidder's a ees, ers and agents shall, at no time, be allowed to identify themselves o y represent themselves as being employees or agents of the Town of Troph The bidder shall prohibit the drinking of alcoholic beverages of the use of contro ed substances by employees while on duty or in the course of performing duties under this contract. The bidder shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, disability, ancestry, national origin or place of birth. Bidder shall take action to ensure that applicants are employed and treated without regard to their race, age, color, religion, sex, disability, ancestry, national origin or place of birth. All employees, contractors, subcontractors, temporary labor, agents and representatives of bidder providing services to Town shall be required Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 155 of 321 Meeting Dat@aAA f%9 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 to produce a completed Form 1-9 evidencing that all such persons are eligible to work and/or maintain employment in the United States. Such documentation shall be provided within five (5) business days after bidder is notified that it is the apparent lowest responsible bidder. Further, the Town reserves the right to review and audit records of bidder for compliance with this section at any time during the term of the awarded contract and all renewals thereof upon five (5) days written notice to bidder. Any document that is printed and submitted to the Town becomes a vernment record. Falsification of documents carries a criminal penalty for falsif' n of government records as described in the Texas Penal Code. Contractor Employee Backgroun All Contractor personnel shall be required to unde prior to assignment to the Town Contractor shall be solely responsible for back scheduled for assignment on Town premises. 4 By assigning Contractor personnel to the Town, C completed a background check on the ontractor the duties delineated in this contract. Pre -assignment background screenin o acceptable if a successful backgro w Subcontractor firm within the ninety (90) individual Contractor pers own screening for persons planned or r attests that Contractor has el being assigned.to perform Inel shall be considered by the Contractor or preceding assignment of the Background screening be e Con or's or Subcontractor's firm expense and shall not be reimbur by th wn unl agreed upon in a written contract. The results of Contra back en s shall not be shared with Town representatives. Contractor and Subcon shall authorize Town representatives to conduct audits, compliant nd stigations, which may require review of background screeni ords. Cont r or Subco for i that falsify and/or knowingly report an incorrect premise II De aismoea ana further bus with t own. Any Contrac ontractor incorrect infor regarding a projects shall be ismissed and further business with the Town. personnel assigned to and/or working on Town removed from the job and barred from conducting who falsifies information person assigned to Town removed from the job and 'id/or knowingly reports premises, worksites or barred from conducting APPLICABILITY This requirement applies to all contractors including but not limited to independent contractors, subcontractors and contractors through a third party. PURPOSE OF PRE -ASSIGNMENT BACKGROUND SCREENING • Provide safe work environment Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahadi)uQd 15 Town Council Minutes Page 156 of 321 Meeting Dat!Raip)4961koffis TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 • Limit Town's legal liability to allegations of negligent hiring, etc. • Further verify identity and legal authority to work in the United States • Reduce risk to residents CONTRACTOR FIRM RESPONSIBILITIES Contractors providing work or services to the Town shall: • Have a written policy and procedures for the conduct of backgrou • Conduct screening and verify worker's backgrounds in accorda applicable state and federal laws • Use a reliable, vetted and properly qualified background sc • Ensure the privacy of workers as required by law • Complete background screening check prior to assig • Perform routine scheduled background updates as of the workers and "For Cause" background upd • Inform the Town immediately if a contract wor o background screening criteria REQUIRED ELEMENTS OF CONTR • 7 -Year Criminal Conviction History ( automatic ban for those under indictrr Theft, Fraud or Burglary. • Violent crimes, including sexual rela potentially create an at ris ' on • Unlawful possession, , saT01 device, firearm, or of egal w • Unlawful sale, dis drug paraphernalia. • Unlawful use of disqualify conviction • For Adju commit'N ening integrity ND SCREENING al records) — with offense involving: gnment could manufacture of an explosive substance or g, controlled substance or drug paraphernalia may the circumstances, nature and length of time since the i "Criminal Conviction" includes Deferred related Attempts and/or Conspiracy to • Check o1q e againjWecified Terrorist Watch List(s). • Verification ci curity Number. • Verification o ation Status, including valid 1-9 Form where applicable the Town express prohibits any contractor from employing any person on Town premises who does not have valid authorization to work in the United States. Note • Driving History (Where permitted by law and if contractor is required to operate a motor vehicle on Town premises). PRIVACY OF CONTRACTOR WORKER INFORMATION The results of contractor or subcontractor background screenings shall not be shared with Town and Contractors and Subcontractors shall not be required to furnish copies of Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)jQ H 5 Town Council Minutes Page 157 of 321 Meeting Dat@aA?PA f%9 TOWN OF * TROPHY CLUB 100 Municipal Drive . Trophy Club, Texas 76262 completed background screening reports on their employees to the Town. Further, Contractors and Subcontractors shall not disclose to the Town those factors or events that resulted in an individual's disqualification from assignment to Town premises except with the written permission of the individual involved. AUDIT OF CONTRACTOR'S PROGRAM By assigning Contractor's workers to Town premises, Contractor attests that the Contractor has completed a s4 on the worker being assigned. However, the Town reserves the right to audit ac program at any time. The Contractor shall, upon request, permit an rized personnel backgrounds, including those of in I conduct a review, audit or investigation. Contracto is extended to Subcontractors they may_employ on T NON-COMPLIANCE Any Contractor or Subcontractor firm reports information or incorrect backg and/or working on Town or I question from the pre o jei dismissed from the j d per en the Town. or projects the ckground check screening T representati\Te to review ctor workers, in order to nsure this audit requirement remises. id/75r intentionally falsifies or s o contract worker assigned to shall immediately remove the worker in equently, the Contractor firm shall be J from conducting further business with Any Contractor firm ood faith, errs in reporting the correct background status of a t employee working on Town premises shall, as soon as practicable11111irgoe the error, notify the appropriate Town representative of the em e's co sta The Contractor shall then take immediate steps to rem indi, premises and replace the person with a qualified Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx WWahGdi)uQ H 5 Town Council Minutes Page 158 of 321 Meeting Dat@aRAfffi9 T(CLTOWN OF *:� TROPHY CLUB 100 Municipal Drive +Trophy Club, Texas 76262 MACHINERY AND EQUIPMENT Bidder must supply a list of all equipment available for use on this contract. Being available shall mean that the equipment is owned or under control of the bidder submitting this proposal. Attach additional sheets as needed. Q:\RFPs\2015\2015 Parks Services Competitive Bid 8 FINAL COPY II - RFP.docx +9i6Cl&jd,5115 Town Council Minutes Page 159 of 321 PAGE Meeting Dat@a4prI13131p2033 100 ipal ive Trophy Club Entities Trophy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0221-T Version: 1 Name: Type: Agenda Item Status: Consent Agenda File created: 3/30/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Consider and take appropriate action regarding the purchase of tasers for the Police Department through a Sole Source provider; authorize the Town Manager or his designee to execute all necessary documents. Attachments: Staff Report - PD Tasers X26P.odf Taser Sole Source Reguest.0 Taser Sole Source Letter.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding the purchase of tasers for the Police Department through a Sole Source provider; authorize the Town Manager or his designee to execute all necessary documents. Town Council Page 160 of 321 Meeting Date: April 14, 2015 T(cTOWN OF i*:: TROPHY CLUB 100 Municipal Drive -Trophy Club, Texas 76262 To: Mayor and Town Council From: Patrick Arata CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Purchase of Eight (8) Replacement Taser Units Agenda Item: Consider and take appropriate action regarding the purchase of Taser X26P handheld devices for the Police Department through Sole Source. Explanation: The Trophy Club Police Department (TCPD) has a requirement for fourteen (14) Tasers X26P handheld systems. The Taser X26P systems are produced by Taser International, located in Scottsdale, Arizona. As Taser International is the exclusive seller of the Taser X26P systems, this requirement is sole source in nature. Based on the current 2015 pricing for these items, the total estimated value of all of the systems together is approximately $14,000.00. The Police Department requests the purchase of eight (8) Tasers this fiscal year (FY15) and six (6) in FY 2016. The funding for the purchase of the Tasers is approved as part of the CCPD FY 2015 budget. Pricing will be determined to be fair and reasonable before an award is made. TCPD has a continuing need to maintain a standardized less lethal handheld system. Utilization of the less lethal handheld systems, other than the Taser X26P series, would have detrimental impact to operations, maintenance, training, and budget. The current Taser systems in use today by the Police Department are in need of repair or replacement. The handheld systems are starting to fail pre -deployment test, and we now have several units out of service. This model is no longer supported by Taser due to the release of the X26P. The Police Department has the following accessories currently in use or in stock that are interchangeable with the new Taser X26P model. This is an additioanl cost savings to the town. The current items in stock are: • 30 Taser cartridges; each costing $23.55 for a total of $706.50 • 16 Taser Holsters; each costing $51.75 for a total $828.00 • 14 High Definition Video Cameras; each costing $514.95 for a total of $7209.30 Page 1 of 2 Town Council Page 161 of 321 Meeting Date: April 14, 2015 In 2012, Trophy Club Police Department conducted a comprehensive evaluation of all available handheld products on the market at the time and learned that Taser International was the only maker of this type of handheld device. The Trophy Club Police Department ultimately selected the Taser handheld system as the standardized less lethal handheld device for TCPD Officers. Other types of electronic control device: • The Phazzer Enforcer Conducted Energy Weapon (CEW) is a less lethal law enforcement - level self-defense weapon that provides a similar effective take-down power as the Taser X26. (Taser has discontinued this model and upgraded to the X26P, next — generation.) • The Phazzer costs approximately $150.00 less per unit than the Taser X26P model. After review, the TCPD requests the purchase of the Taser X26P as a sole source for next - generation technology and cost saving. Additionally, the continuing need to maintain a standardized system, without having to purchase new accessories, or conduct new training, will save officers time, as well as department funding. Attachments: • Taser Sole Source Request • Taser Sole Source Letter Recommendation: Staff recommends Council approve the suggested Sole Source purchase. Budget Impact: This request is funded in the FY15 CCPD Budget. Page 2 of 2 Town Council Page 162 of 321 Meeting Date: April 14, 2015 Trophy Club Police Department 100 Municipal Drive Trophy Club, Texas 76262 Office: 682-831-4650 Fax: 817491-9886 Web Site: www.trophvclub.org The Trophy Club Police Department (TCPD) has a requirement for fourteen (14) Tasers X26P handheld systems. The Taser X26P systems are produced by Taser International, located in Scottsdale, Arizona. As Taser is the exclusive seller of the Taser X26P systems, this requirement is sole source in nature. Based on the current 2015 pricing for these items, the total estimated value of all of the systems together is approximately $14,000.00. The Police Department request the purchase of eight (8) Tasers this fiscal year (FY) and six (6) in FY 2016. The funding for the purchase of the Tasers is approved as part of the CCPD FY 2015 budget. Pricing will be determined to be fair and reasonable before an award is made. TCPD has a continuing need to maintain a standardized less lethal handheld system. Utilization of the less lethal handheld systems, other than the Taser X26P series, would have detrimental impact to operations, maintenance, training, and budget. All accessories currently in stock are interchangeable with the new Taser X26P model. The current items in stock are: • 30 Taser cartridges; each costing $23.55 for a total of $706.50 • 16 Taser Holsters; each costing $51.75 for a total $828.00 • 14 High Definition Video Cameras; each costing $514.95 for a total of $7209.30 In 2012 Trophy Club Police Department conducted comprehensive evaluation of all available handheld products on the market at the time and learned that Taser International was the only maker of this type of handheld device. In 2012 the Trophy Club Police Department selected the Taser handheld system as the standardized less lethal handheld device for TCPD Officers. Other types of electronic control device: • The "Phazzer" is a handheld electronic device that can be compared with the Taser. The Phazzer Enforcer Conducted Energy Weapon (CEW) is a less lethal law enforcement -level self-defense weapon that provides a similar effective take-down power as the Taser X26. (Taser has discontinued this model and upgraded to the X26P, next —generation) • The "Phazzer costs approximately $150.00 less per unit then the Taser X26P model. After review, the TCPD requests the purchase of the Taser X26P as a sole source for next -generation technology and cost saving . Additionally, the continuing need to maintain a standardized system, without having to purchase new accessories, or conduct new training, will save officers time, as well as department funding. If TCPD has additional requirements for this item, TCPD will continue to perform market research to determine if the unique characteristics of the Taser X26P systems are met by other competitors. If this occurs, TCPD will request bids for this requirement. Town Council Page 163 of 321 Meeting Date: April 14, 2015 Certifications "I hereby certify that the description of the requirement meets the Town's needs and that the technical data and supporting information, which form the basis for the Sole Source Justication, are accurate and complete to the best of my knowledge and belief." Requesting Officer:(57 ,:7 -7.' - b3� Signature Vtfe Chief of Police: a-ve— Signature 0 3130X20IS Date Date Town Council Page 164 of 321 Meeting Date: April 14, 2015 Title: Sole Source Letter For TASER International's AXONI3 Brand Products and EV€DENCE.com Services for the United States Department: Marketing Version: KAM031414 Release Date: 312112014 17800 N. 85th St., Scottsdale, Arizona 85255' 480-991-0797' Fax 480-991-0791 ' www.TASER.com April 21, 2014 To: United States state, local and municipal law enforcement agencies Re: Sole Source Letter for TASER International, Inc.'s Conducted Electrical Weapons A sole source justification exists because the fol#awing goods and services required to satisfy the agency's needs are only manufactured and available for purchase from TASER International, TASER CEW Descriptions X2TM CEW • Multiple -shot CEW • High efficiency flashlight • Static dual LASERS (used for target acquisition) • ARC switch. enables drive -stun with or without a Smart cartridge installed • Central Information Display (CID): Displays mission -critical data such as remaining battery energy, burst time, operating mode, and user menu to change settings and view data on a yellow -on -black display ■ The TrilogyTM log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to EVIDENCE.corn services. ■ Real-time clock with back-up battery • Onboard self-diagnostic and system status monitoring and reporting • Ambidextrous safety switch ■ Capable of audio/video recording with optional TASER CAM HD recorder • The trigger activates a single cycle (approximately 5 seconds), Holding the trigger down will continue the discharge beyond the standard cycle (except when used with an APPM or TASER CAM TM HD AS), The CEW cycle can be stopped by placing the safety switch in the dawn (SAL=E) position. • Compatible with TASER Smart TM cartridges only X26PT11 CEW • High efficiency flashlight • Red LASER (used for target acquisition) • Central Information Display (CID): Displays data such as calculated remaining energy, burst time., and notifications • The TrilogyTM tog system records information from a variety of sensors into three data togs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to EVIDENCE.com services. • Real-time clock with back-up battery • Onboard self-diagnostic and system status monitoring and reporting • Ambidextrous safety switch • Capable of audfolvideo recording with optional TASER CAM HD recorder • The trigger activates a single cycle (approximately 5 seconds). Holding the trigger down will continue the discharge beyond the standard cycle (except when used with an APPM or TASER CAMT"A HD AS). The CEW cycle can be stopped by placing the safety switch in the down (SAFE) position. Town Council Page 165 of 321 Meeting Date: April 14, 2015 • Compatible with TASER standard series cartridges X26ETM CEW + Integrated ultra -bright LEDs (low intensity illumination) • Red LASER (used for target acquisition) ■ Capable of drive -stun with either a deployed TASER cartridge, or without a TASER cartridge installed. ■ Central Information Display (CID): 2 -digit LED displays remaining battery energy percentage, burst time, unit temperature, illumination status, and time and date • Ambidextrous safety switch with Safe "S' and Fire "F" denotation • Unit stores time, date, burst duration, unit temperature, and remaining battery energy percentage for approximately 2,000 firings. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to EVIDENCE.com services. ■ Capable of audio/video recording with optional TASER CAM recorder The trigger activates a 5 -second cycle. The cycle can be stopped by placing the safety lever in the down (SAFE) position. Holding the trigger in will continue the discharge beyond 5 seconds. • Compatible with TASER standard series CEW cartridges TASER Brand CEW Model Numbers 1. Conducted Electrical Weapons (CEWs): • TASER X2T11 Models: 22002 and 22003 ■ TASER X26TIll Models: 26511, 26523, 26550, 26512, 26524, and 26549 ■ TASER X26P'm Models: 11002 and 11003 Optional Extended Warranties for CEWs: ■ X2 - 4 -year extended warranty, item number 22014 •. X26 - 1 -year extended warranty, item number 26730 • X26 - 4 -year extended warranty, item number 26744 • X26P - 2 -year extended warranty, item number 11008 + X26P - 4 -year extended warranty, item number 11004 3. TASER standard cartridges (compatible with the X26 and X26P; required for these CEWs to function in the probe deployment mode): • 15 -foot Model: 34200 • 21 -foot Model: 44200 ■ 21400t noxi -conductive Model: 44205 ■ 25 -foot Model. 44203 • 35 -foot Model: 44206 4. TASER SmartT"' cartridges (compatible with the X2; required for this CEW to function in the probe deployment mode): ■ 15 -foot Model: 22150 • 25 -foot Model: 22151 • 25 -foot non-conductive Model: 22157 • 35 -foot Model: 22152 5. TASER CAMTM recorder Model: 26830 (full video and audio with ability to disable audio). This accessory can be downloaded by USB with the TASER CAM Download Kit Model: 26737. This item is only compatible with the X26 CEW. 6. TASER CAM HD recorder Model: 26810 (full HD video and audio) and TASER CAM HD with AS (automatic shut -down feature) Model: 26820, TASER CAM HD is compatible only with the X26P and X2 CEWs. Town Council Page 166 of 321 Meeting Date: April 14, 2015 • TASER CAM HD replacement battery Model: 26764 • TASER CAM HD Download Kit Model: 26762 • TASER CAM HD optional 4 -year extended warranty, item number 26763 7. Power Modules (Battery Packs) for X26 CEW: • Digital Power Magazine (DPM) Model: 26700 • extended Digital Power Magazine (XDPM) Madel: 26701 Controlled Digital Power Magazine (CDPM) Models: 26702 and 26703 8. Power Modules (Battery Packs) for X26P and X2 CEWs: * Performance Power Magazine (PPM) Model: 22010 * Tactical Performance Power Magazine (TPPM) Model: 22012 • Automatic Shut -Down Performance Power Magazine (APPM) Model: 22011 9. TASER Dataport Download Kits: ■ Dataport Download Kit for the X26 Model. 26500 • Dataport Download Kit for the X2 and X26P Model: 22013 10, TASER Blast Door Repair Kit Model 44019 and TASER Blast Door Replenishment Kit Model 44023 11. Conductive Target front Model 80000 and Conductive Target back, Model 80001 12. CEVV Holsters: • Right-hand X2 holster by BLACKHAWK Model: 22501 • Left-hand X2 holster by BLACKHAWK Model: 22504 • Right-hand X26 holster by Blade -Tech Model: 44952 • Left-hand X26 holster by Blade -Tech Model: 44953 • Right-hand X26P holster by BLACKHAWK Model: 11501 ■ Left-hand X26P holster by BLACKHAWK Model. 11504 SOLE AUTHORIZED DISTRIBUTOR FOR SOLE AUTHORIZED REPAIR FACILITY FOR TASER BRAND CEW PRODUCTS TASER BRAND CEW PRODUCTS TEXAS TASER International, Inc. TASER International, Inc. 17800 N. 85th Street, Scottsdale, AZ 85255 17800 N. $5th Street, Scottsdale, AZ 85255 Phone: 800-978-2737 Phone: 800-978-2737 Fax: 480-991-0791 Fax: 480-991-0791 Please contact your local TASER sales representative or call us at 1-800-978-2737 with any questions. Sincerely, Jeff Kukowski Chief Operating Officer TASER International, Inc. Smart, TASER CAM, X2, X26, X26P, and the 'Bolt Within Circle' logo are tradernarks of TASER International, Inc., and TASER is a registered trademark of TASER International, Inc., registered in the 11.8. All rights reserved. 0 2014 TASER. International, Inc. Town Council Page 167 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0222-T Version: 1 Name: Type: Agenda Item Status: Consent Agenda File created: 3/30/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Consider and take appropriate action regarding the Second Quarter Investment Report for Fiscal Year 2015. Attachments: Staff Report - 2nd Quarter Investment Report.pdf 2nd Quarter Investment Report for Fiscal Year 2015.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding the Second Quarter Investment Report for Fiscal Year 2015. Town Council Page 168 of 321 Meeting Date: April 14, 2015 T(cTOWN OF l*:: TROPHY CLUB 100 Municipal Drive •Trophy Club, Texas 76262 To: Mayor and Town Council From: John Zagurski, Strategic Services Coordinator CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Fiscal Year 2015 — 2nd Quarter Investment Report Town Council Meeting, April 14, 2015 Aeenda Item: Consider and take appropriate action regarding the 2nd Quarter Investment Report for Fiscal Year 2015. Explanation: Current interest bearing accounts of the Town have an ending balance of $12,384,981.65 at March 31St, 2015, an increase from $11,782,458.75 on January 1st, 2015. The increase can be attributed property tax revenue in the amount of $3.1M during the month of January. Interest earnings for the quarter total $2,440.54, of which $474.02 was received from interest bearing accounts at First Financial Bank, $818.37 was received from investment accounts at TexPool, $667.10 was received from investment accounts at LOGIC, and $481.05 was received from investment account at First Public. The average monthly yield for interest bearing accounts during the quarter was 0.15% at First Financial, .0487% at TexPool, 0.0999% at LOGIC, and 0.13% at First Public. The Town's deposits at First Financial are collateralized by government securities. Attachments: 2nd Quarter Investment Report for Fiscal Year 2015 Recommendation: Staff recommends Council approval of the 2nd Quarter Investment Report for Fiscal Year 2015. Town Council Page 169 of 321 Meeting Date: April 14, 2015 Town of Trophy Club Quarterly Investment Report For the Quarter Ended December 31, 2014 13 Weeks Treasury Bill Yield: 0.03% First Financial Bank Beginning Ending Avg Monthly Yield: 0.15% Investment Description Balance Deposits Withdrawals Interest Balance Avg WAM• In Days: N/A First Financial - Pooled Cash $ 1,156,579.13 $ 3,031,536.43 $ (2,975,466.01) $ 474.02 $ 1,213,123.57 First Financial Totals $ 1,156,579.13 $ 3,031,536.43 $ (2,975,466.01) $ 474.02 $ 1,213,123.57 TexPool Beginning Ending Avg Monthly Yield: 0.0487% Investment Description Balance Deposits Withdrawals Interest Balance Avg WAM'in Days :53 TexPool - Interest and Sinking Account $ 971,146.87 $ 630,345.80 $ (888,949.96) $ 125.14 $ 712,667.85 TexPool - Designated Account 521,838.08 2,556,616.10 (2,100,000.00) 129.34 978,583.52 TexPool - Grant Fund 99.86 - - - 99.86 TexPool - 2010 Tax Notes 41,120.87 - - 4.71 41,125.58 TexPool - SM Park Bond 2010 150,893.29 - - 17.18 150,910.47 TexPool - 2012 Tax Notes 279,381.89 - - 31.89 279,413.78 TexPool-2013 CO 1,822,931.60 - - 207.97 1,823,139.57 TexPool - 2014 CO 2,500,526.53 - - 285.29 2,500,811.82 TexPool - Utility Drainage Account 147,465.18 16.85 147,482.03 TexPool Totals $ 6,435,404.17 $ 3,186,961.90 $ (2,988,949.96) $ 818.37 $ 6,634,234.48 LOGIC Beginning Ending Avg Monthly Yield: 0.0999% Investment Description Balance Deposits Withdrawals Interest Balance Avg WAM• In Days: 54 LOGIC - Designated $ 2,557,597.52 $ 400,000.00 $ $ 667.10 $ 2,958,264.62 LOGICTotals $ 2,557,597.52 $ 400,000.00 $ $ 667.10 $ 2,958,264.62 First Public Beginning Ending Investment Description Balance Deposits Withdrawals Interest Balance Avg Monthly Yield: 0.13% First Public - Designated $ 1,578,877.93 $ 481.05 $ 1,579,358.98 Avg WAM• In Days: 52 First Public Totals $ 1,578,877.93 $ $ $ 481.05 $ 1,579,358.98 Total Cash & Investments $ 11,728,458.75 $ 6,618,498.33 $ (5,964,415.97) $ 2,440.54 $ 12,384,981.65 `WAM (Weighted Average Maturity) Is the mean average of the periods of time remaining until the securities held are (1) scheduled to be repaid or (2) would be repaid upon demand or (3) are scheduled to have their Interest rate readjusted to reflect current market rates. The undersigned serves as the Investment Officer* for the Town of Trophy Club. I certify that all instruments held In the Town's investment portfolios for the period October 1, 2014 through December 31, 2014 (a) met the investment guidelines and complied with the investment strategies as authorized by the Town's Investment Policies, and (b) did not violate any applicable provisions of section INVESTMENT OFFICER Steven Glickman Assistant Town Manger/CFO Town Council Page 170 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0238-T Version: 1 Name: Type: Agenda Item Status: Consent Agenda File created: 3/30/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Consider and take appropriate action regarding the updated Strategy Map with the Trophy Club Town Council mission, responsibilities and principles. Attachments: 2015 Strategy Map.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding the updated Strategy Map with the Trophy Club Town Council mission, responsibilities and principles. Town Council Page 171 of 321 Meeting Date: April 14, 2015 0 0 0 0 0 a) N N f6 � N f6 f6 U S N do 7 O � 4--+ UA E= O N L � t10 tjo C � N O O c `~ O i U � f6 � � N tio N > N N O -0 to N � -0 u U tjo Z) U ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0240-T Version: 1 Name: Type: Agenda Item Status: Public Hearing File created: 4/1/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Public hearing regarding a request to amend Ordinance No. 95-20 and subsequent amendments thereto, creating and amending PD Planned Development District No. 13, an approximate 3.8 acre tract of land and part of the "Village" Shopping Center, located on Lot 1, The Village at Trophy Club, 2001 State Highway 114, Trophy Club, TX, by amending Exhibit "C" entitled "Development Standards" to allow an additional permitted retail use for Tract 1, to allow Indoor Canine Retail and Training; and providing a definition for that use. Attachments: Staff Report - PD 13 Amendment.Ddf Exhibit A. Pd Exhibit B.pdf Exhibit C.pdf Exhibit D.pdf Exhibit E.pdf ORD 2015-08 PZ PD -13 Amendment.pdf Date Ver. Action By Action Result Public hearing regarding a request to amend Ordinance No. 95-20 and subsequent amendments thereto, creating and amending PD Planned Development District No. 13, an approximate 3.8 acre tract of land and part of the "Village" Shopping Center, located on Lot 1, The Village at Trophy Club, 2001 State Highway 114, Trophy Club, TX, by amending Exhibit "C" entitled "Development Standards" to allow an additional permitted retail use for Tract 1, to allow Indoor Canine Retail and Training; and providing a definition for that use. Town Council Page 173 of 321 Meeting Date: April 14, 2015 T(cTOWN OF l*:: TROPHY CLUB 100 Municipal Drive •Trophy Club, Texas 76262 To: Mayor and Town Council From: Ron Ruthven, Interim Planner CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Case #PD -AMD -15-044 Town Council Meeting, Tuesday, April 14, 2015 Agenda Item: Public Hearing to consider a request to amend Ordinance No. 95-20, PD Planned Development District No. 13, Exhibit "C Development Standards to delete, alter, and/or allow additional uses for Tract 1, Retail Uses, approximately 3.8 acres, a part of the "Village" Shopping Center, located on Lot 1, The Village at Trophy Club, 2001 State Highway 114, Trophy Club, TX 76262. Explanation: The applicant, Heather Gilihan, Zoom Room Trophy Club, is requesting approval of an amendment to PD -13 Ordinance 95-20, Exhibit "C in order to add an additional use to the permitted uses table. The proposed use is classified by the applicant as "Canine Retail and Training". According to the information provided by the applicant in Exhibit "A" of the briefing, the proposed business would include training for dogs as well as retail sales of products related to dog training, snacks and other related items. The applicant states that there will be no boarding of any animals, no grooming and no breeding. All training and services provided for dogs will be contained within the building. According to the plans provided by the applicant, the proposed location of the business will be located within a 2,914 square foot portion, Suite A, of the existing multi -tenant retail building located at 2001 SH 114. The proposal by the applicant does not include any site modifications or any exterior structural alterations/additions to the building. ZONING: The property is zoned PD -Planned Development District and is located within PD 13. PD 13 was originally approved by Ordinance 95-20 on November 21, 1995. Since 1995, Ordinance 95-20 has been amended six times with the most recent amendment approved in 2010. The current permitted uses on the subject property, Tract 1, are as follows: (A) Book stores (N) Specialty household furnishings and fixtures (B) Stationery, card and party stores (0) Boutiques (C) Specialty gift stores (P) Antique shops (D) Computer & electronic sales and service stores (Q) Neighborhood hardware stores (E) Specialty neighborhood (R) Small household appliance stores (F) Barber, nail and beauty shops (S) Bicycle shops (non -motorized) services and shops (G) Art gallery (T) Wearing apparel and shoe shops (H) Confectionery shops (U) Art supply store Page 1 of 3 Town Council Page 174 of 321 Meeting Date: April 14, 2015 (1) Ice cream shops (J) Drug stores, apothecary and pharmacy (K) Jewelry and watch store sales (L) Florist (M) Arts, crafts and hobby stores (V) Electric goods and fixtures (W) Sporting goods stores (X) Fabric and knitting shops (Y) Music/video store (no video arcade pharmacy machines allowed, no adult video sales or rentals allowed) (Z) All permitted uses in Tracts 3 and 4 In addition to all uses permitted on Tracts 3 and 4, which are: 1. Restaurants with no drive through, or drive-in 2. Restaurants with alcoholic beverage sales (subject to Town approvals) 3. Office supply 4. Photographic service and studio 5. Specialty gourmet food stores 6. Bakery shop 7. Dry cleaners (pick-up and delivery only) 8. Administrative, executive editorial office 9. Specialty neighborhood services 10. Title company 11. Accounting office 12. Health and athletic services 13. Architectural, engineering, planning office 14. Weight reduction services 15. Medical, dental, chiropractic, optometry, etc. 16. Attorney's office 17. Real estate office 18. Art studio 19. Physician or dentist 20. Municipal administration and public required 21. Dance studio 22. Insurance office 23. Duplication and mailing service 24. Printing, publishing and engraving 25. Educational services 26. Personal or family counselor 27. Public secretary 28. Bank, savings and loan 29. Private health clubs 30. Mortgage company 31. Interior design and supply services In addition to the PD 13 permitted uses listed above, Chapter 13 -Comprehensive Zoning Ordinance of the Town of Trophy Club does not contain any principal permitted use in any zoning district related to the applicant's request. CURRENT CONDITIONS: The subject property contains 3.8 acres with two multi -tenant retail buildings. The buildings were constructed in 1998 and each building contains 18,750 square feet. The proposed business would be located in the east end cap of the west building. FUTURE LAND USE: The 1997 Trophy Club Comprehensive Land Use Plan recommends "commercial/professional" land uses for the subject property. The proposed use conforms to this recommendation. PUBLIC NOTICE REQUIREMENT: Per the requirements of the State of Texas and the Trophy Club Code of Ordinances, a notice of public hearing concerning the zoning request was published in the Fort Worth Star Telegram and was mailed to 26 property owners within 200 feet of the subject property and within PD 13. To date, no correspondence has been received concerning the request. STAFF REVIEW AND ANALYSIS: The permitted uses currently listed in the PD 13 ordinance as well as the comprehensive zoning ordinance do not allow the use proposed by the applicant since it is not listed as a permitted use. Page 2 of 3 Town Council Page 175 of 321 Meeting Date: April 14, 2015 Section four of Exhibit "C" states that "any use not expressly permitted herein or allowed by permit is prohibited". Staff performed a survey of the zoning ordinances in the cities that surround Trophy Club. The survey is attached. In general, all of the cities surveyed allow a pet store and/or pet grooming service within their respective retail districts. However, the specific use of a pet/animal training business is not mentioned in any of the zoning ordinances surveyed. In some cases, pet training may be allowed as an accessory use to the principal use of the pet store and/or grooming business. With regard to any potential nuisances related to a pet business, Chapter 2 -Animal Control in the Code of Ordinances contains comprehensive regulations regarding the keeping and harboring of pets including restrictions on excessive barking and animal waste. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission considered this item on April 9, 2015, after the Town Council packet was sent. Staff will send an update to the Town Council concerning the recommendation of the Planning and Zoning Commission prior to the April 14, 2015 Town Council meeting. Attachments: • Exhibit "A" —Application and Materials Submitted by Applicant • Exhibit "B" — Ordinance 1995-20 and subsequent amendments • Exhibit "C" — Pictures and Exhibits Provided by Staff • Exhibit "D" — Section 42.092 — Texas Penal Code • Exhibit "E" — Construction Plans • Ordinance No. 2015-08 Recommendation: Given the results of the survey of surrounding cities and the existing regulations contained in Chapter 2 - Animal Control, staff recommends approval of the request subject to the following modification to the applicant's request: "Indoor Canine Retail and Training Facility: This use is defined as a retail establishment which sells canine related items and accessories and which also trains domesticated or tamed dogs, all within a completely enclosed building. Training shall not include the training of any other animals, nor any "prohibited animal" as defined in the Town Code of Ordinances. The boarding and grooming of any animals is prohibited." Page 3 of 3 Town Council Page 176 of 321 Meeting Date: April 14, 2015 Exhibit "A" 4W 0" 1 0 10 tviunicipol Dr'v,-, t; Trophy Cub, TX 76262 cparimer-, oorf Il cc Town of Trophy Club 682MI.4681 cane No. AMENDMENT TO PLANNED DEVELOPMENT Property Development Information I Present Zoning: Present Use: Requested Change to PD: Legal Description of Property Platted Property - Lot(s)/ Block: Subdivision: — AL) i I A-) Phase: Owner Information Representative/Agent Information :ni.ns prop',01; Firm Name: fju!hcr;7edageW1z Name: Name:, Address: r Address. A4 J-�O, t f)V,, City: A City_ State: Zip Code: 7761.11 State: F Zip Code: Phone No. A'54 "415- 'PIA Phone No. Fax No. Fax No. Email: Email: Special Note INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED Al ------------ -------- jj PCA I I a,-� Aniendme.nt lo PD W-F-,CEIVED MAR 20 r) Town Council Page 177 of 321 Meeting Date: April 14, 2015 Exhibit "A" Zoom Room Trophy Club Business Overview drafted for Town of Trophy Club Planning by Heather Gillihan My name is Heather Gillihan, and I am a Zoom Room Franchisee hoping to open the first Zoom Room in the D/FW area. After falling in love with the Town of Trophy Club, my desire is to bring Zoom Room to the Shoppes of Trophy Club shopping center. Business Overview: The Zoom Room Franchise was founded by renowned canine trainer, Jaime Van Wye, in 2007. Zoom Room is an innovative venue for pet retail products offering a premium selection of eco -friendly solution -oriented training products, including all -natural treats, premium dog food, collars, leashes, the best dog toys on the planet, and a wide range of other great gear for dogs. Dog Fancy magazine (widest circulation of any pet publication in the US) singled out the Zoom Room for their accomplished green initiatives in product selection and building design. In addition, Zoom Room offers small group (typically six dogs) and private training classes including puppy training, dog obedience, therapy dog training, and agility designed to educate dog owners and socialize dogs to be friendly members of the community. Only positive reinforcement training techniques are used, and dog owners are always present to actively participate in all training. All trainers complete an extensive training program conducted by Zoom Room Corporate and are members of the Association of Pet Dog Trainers, which is the recognized governing association of dog professionals. At Zoom Room, we pride ourselves in intimate customer service, superior quality of retail product selection and product knowledge, and a training facility dedicated solely to responsible dog owners and their pets. To ensure a safe and controlled environment for everyone, all dogs are pre- screened prior to being allowed to participate in group classes. Proof of current vaccinations is required to ensure a safe environment. Also, a formal assessment is made with regard to the dog's basic manners, social skills and the owner's ability to control their dog. Town Council Page 178 of 321 Meeting Date: April 14, 2015 Exhibit "A" A key element of the Zoom Room brand is to actively engage in community events and contribute through a variety of fund-raisers for local shelters, food and toy drives, and adoption clinics and educational seminars to help owners (and kids) become responsible dog owners. Lastly, we pride ourselves in providing a safe, clean, quiet, controlled, and very fun place for dogs and their owners to socialize. What Zoom Room is not: A doggie day care. Owners are required to be with their dog 100% of the time and their visits are usually 60 minutes or less. A dog walking service. Training classes are conducted only inside the facility. A boarding facility. No dogs are kept overnight. A dog groomer. No grooming services or facilities are provided. A breeding facility or place where dogs are sold. A veterinarian. Although dog safety is of primary importance in our facilities and our trainers are certified in canine CPR and first aid, no medical or physical rehabilitation services are provided. Current Zoom Rooms in Operation: Currently, there are 23 units open across the United States (CA, CO, MD, NC, NJ, OR, PA, TX, VA and WI), with additional units committed. The Corporate office is located in Culver City, CA. Business Operations: Zoom Room units are required to be in "retail" zoned locations. No light industrial or industrial zoned locations will be approved by Corporate Zoom Room. The Zoom Room derives substantive income from retail sales by maintaining a selective specialty retail section. In order to drive sales, retail products are Town Council Page 179 of 321 Meeting Date: April 14, 2015 Exhibit "A" heavily cross -promoted during classes to encourage purchases of useful training items. Major categories of inventory include training treats, training equipment, durable toys, edible chews, organic dog food, collars and leashes, at-home agility equipment, and other innovative, high-quality products not found in big box pet stores. Each product has been carefully vetted to ensure that it is of the highest quality, utilizing environmentally -friendly materials and methods of production, whenever possible. The retail section is maintained in well -organized and attractive displays near the entrance and front desk. This allows for retail sales to take place throughout all hours of operation, even when classes are in session. Hours of operation: Generally Mon to Fri 10 to 8, Sat and Sun 9 to 6. Sat and Sun are typically the busiest days, as well as evenings during the week. Number of employees: Generally, there will be one manager/training professional and one front desk staff member in the store at all times. Training: All Zoom Room trainers must undergo extensive online and hands-on training at the corporate offices in Hollywood. Courses include customer relations, sales and marketing, staff management, dog behavior and psychology, as well as canine development, first aid and nutrition. Proposed store size and layout: 3,000 sq ft. The retail area comprises about 53% of the total area and the gym area makes up the other 47%. The store layout is simple and open, with one ADA bathroom. Number of training classes per week: Ranges from 15 to 30 depending on demand. Class duration is 50 minutes and class size averages 6 dogs per class and is limited to no more than 10 dogs per class. A security camera system is required to be in place. Liability insurance is required. Cleanliness and noise control: Since the number of dogs in the store at any given time is minimal (6 dogs per class being the norm) and their stay is less than 60 minutes, dog waste is limited to the occasional accident. A clean up station including disinfecting solution is provided and specific guidance is given to customers so everyone understands their responsibility. The gym floor is cleaned every night by staff, as well as Town Council Page 180 of 321 Meeting Date: April 14, 2015 Exhibit "A" maintenance throughout the day. Accordingly, the HVAC and sewage needs are consistent with most other retail business. Zoom Room provides a very clean and odor -free environment for our clients and no related issues have been noted with the existing franchisees. During group classes, dogs are handled directly by their owners on leash. If a dog that barks made it through the pre-screen process to a group class, that dog will be excused from class. Dogs that bark interrupt the flow of the training class. In addition, with the installation of structural sound -proofing, the level of noise is minimal and has not been an issue for any existing franchisee. Press: For over a decade, one of the most prestigious awards in the industry is presented by the trade publication, Pet Product News. Zoom Room received the top national honors in 2012-2013 for Outstanding Pet Services out of hundreds of candidates. In addition, Zoom Room has been featured in Entrepreneur magazine, Fox Business News, the Wall St. Journal, and over a hundred additional national and regional publications. Zoom Room_Trohy Club Location: A potential location has been selected at 2001 Hwy 114, Suite 200. This location has strong demographics, ample parking and the facility meets the requirements set by Zoom Room. The owners of this center are excited about the proposed use and feel that Zoom Room would be an excellent addition to their current offerings. Preliminary negotiations have been initiated. The Zoom Room is a thriving national franchise, ranked in Entrepreneur's prestigious Franchise 500, but with a very local feel. The Zoom Room stores have an energetic and progressive atmosphere, which fits perfectly with Trophy Club. Communities where existing Zoom Rooms operate have enthusiastically embraced this business as reflected on Yelp, Facebook and other social media sites. No noise, waste, safety or other issues have been noted at any existing locations. The focus on providing a safe, clean and fun center for dog lovers will allow Zoom Room to become a point of pride in the community. Town Council Page 181 of 321 Meeting Date: April 14, 2015 Exhibit "A" Final Note: Finally, I have spent countless hours at your amazing dog park, and had the opportunity to speak with many of its patrons about bringing Zoom Room to the community. To a person, they were thrilled, to say the least. Trophy Club is such a dog -rich, dog -friendly community, and the prospects of having a retail store in Trophy Club for the pet supplies they currently must leave the community to purchase, was exceedingly well received. Pair that with the opportunity to have a local, fun place to take their dogs for exceptional training, bonding, and socializing, left many of them asking, "How soon will you be open?" I even had several ask if they could interview to work at Zoom Room. The bottom line is this: with the pet industry experiencing unprecedented, recession -proof growth, the addition of a Zoom Room to the Town of Trophy Club, would provide a stable, family-owned business, serving an exceptional, dog -loving community. Thank You: I thank you for your time and consideration. I hope this overview has been helpful in providing a better understanding of the Zoom Room business model. I look forward to building a great relationship with the Town of Trophy Club and contributing to the community. Please do not hesitate to contact me with any questions. heather@zoomroomonline.com 334-415-5928 (personal cell number) Sincerely, Heather Gillihan ! 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W, O SZ Z ❑ O � O Q ¢ Z NO � p a z F x ON 4 U � U'W W W Z W O ?4 Lw w%'rtEe .. 8 q s Z9Z9L Xl 'anlO AHdONI 0=311nS'btLAMHWOZ anlO AHdOH11V 90VIIIA 3H1 wooavqooz lnO HSINN31 INV ld 1NV Nrid iN3rvdinb3ss3aruxia aaruwena iNtlN�3o 4 g- a ❑❑ ❑ ❑❑ / � \Y rc $ m ku JJ 33i�°a ONnO ONnOH Avidsia ianaOad �Y3 wow Om z LL� LL o a� z{ 4 ` � m I i I g �LL ua zo z o II I Ili 4 I t\ _ 1NnOW"❑tr'M NO N. � TMM U Ofltl09`AOtlIB zl yP wp a HNrs uun �w m p� JL m =o To,., Ilk, -- ..--.— W, Ow, 44 Exhibit "B" TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. QQ^? nn AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 94-09 OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 9.947 ACRE TRACT OF LAND LYING AT THE NORTHWEST CORNER OF THE INTERSECTION OF TROPHY CLUB DRIVE AND STATE HIGHWAY 114 AND AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS CURRENT ZONING OF CG -COMMERCIAL GENERAL TO PD PLANNED DEVELOPMENT #13 FOR RETAIL (INCLUDING A GASOLINE SERVICE STATION) AND COMMERCIAL OFFICE USES; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT #13 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the tract of Iand (the "Land"), described as a 9.947 acre tract of land located generally at the northwest corner of the intersection of Trophy Club Drive and State Highway 114 within the Town of Trophy Club, Texas (the "Town") as more particularly described in Exhibit "A" attached hereto and incorporated herein, filed an application with the Town Planning and Zoning Commission requesting a change in zoning of the Land and an amendment to the official Zoning District Map of the Town in accordance with Ordinance No. 94-09 of the Town (the "Comprehensive Zoning Ordinance"); and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came on before the Planning and Zoning Commission and Town Council; and -1- DDC #: 315892 Town Council Page 194 of 321 Meeting Date: April 14, 2015 Exhibit "B" WHEREAS, the Town Council, at a public hearing held jointly with the Planning and Zoning Commission, had an opportunity to consider the following factors in making a determination as to whether the requested changes should be granted or denied: effect on the congestion in the streets, safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the Land, noise producing elements and glare of vehicular and stationary lights and effect of such lights on the established character of the neighborhood, the fire hazards and other dangers possibly present and the securing of safety from the same, lighting and type of signs and the relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated for proposed uses around the Land and in the immediate neighborhoods, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the Town Council further considered among other things the character of the districts and their peculiar suitability for particular uses, with a view of conserving the value of buildings and 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 finds that the zoning granted herein utilizes innovative land development concepts and is consistent with the Town's Comprehensive Land Use Plan; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the said 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 the Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, the Town Council has determined that there is a necessity and need for the change in zoning and that there has been a change in the conditions of the Land surrounding and in close proximity to the Land since the Land was originally classified and therefore the change in zoning herein made is needed; and WHEREAS, 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 in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. 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. Rezoning. Ordinance No. 94-09 of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following -2- DOC 9: 315892 Town Council Page 195 of 321 Meeting Date: April 14, 2015 Exhibit "B" particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. The zoning on the Land, being a 9.947 acre tract of land described in Exhibit "A" attached hereto and incorporated herein, heretofore zoned CG -Commercial General District is hereby changed to PD Planned Development District for retail (commercial and gasoline service station uses) and commercial office uses, in accordance with the requirements of this Ordinance (including Exhibits "B" (PD Site Plan), "C" (Development Standards), "E" (Conceptual Landscape Plan and other conceptual drawings, "F" (Approved PIant List), "H" (Preliminary Grading/Sight Line Study), "I" (Conceptual East and South EIevations), "J" (showing Ripon -A light fixtures), and "K" (Austin stone masonry wall design), each of which Exhibits is incorporated herein for all purposes), all applicable parts of the Comprehensive Zoning Ordinance, and all other applicable ordinances, rules and regulations of the Town. Section 3. Site plan. A planned development site plan for the Land or any part thereof which shall be in substantial conformity with Exhibits described in Section 2.A. above shall be submitted by the Owner of the Land as required by and in accordance with the Comprehensive Zoning Ordinance and shall be filed as a part of this Ordinance and shall be made a part hereof prior to the issuance of any building permit for the Land in this Planned Development District. By way of example only, Exhibit "G" (Potential Alternate Site Plan) represents a potential final site configuration and building design which maintains the design elements reflected in the PD Site Plan attached as Exhibit "13. " Section 4. Zon_ i ng map. The Planning and Zoning Administrator is hereby directed to o mark and indicate n the official Zoning District Map of the Town to reflect the zoning change herein made. Section 5. Development conditions. In carrying out the development of the Land in accordance with this Ordinance, the Development Standards set forth in Exhibit "C" shall be conditions precedent to the granting of any certificate of occupancy. Section 6. Restrictive covenants. In connection with the development of the Land, the Owner of the Land has voluntarily agreed to place against the Land certain restrictive covenants running with the Land (which covenants are attached hereto as Exhibit "D") in a form to be approved by the Town and to which the Town may be made a party for certain purposes. Section 7. 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 8. Purpose. The amendment to zoning herein made has been made in accordance with the Comprehensive Plan of the Town for the purpose of promoting the health, safety and welfare of the community, and with consideration of the reasonable suitability for the particular use and with a view of conserving the value of the buildings and encouraging the most appropriate use of land within the community. -3- DOC 1/: 315892 Town Council Page 196 of 321 Meeting Date: April 14, 2015 Exhibit "B" Section 9. Sam. This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Section 10. Penal1y. 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 shaII 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 during or on which a violation occurs or continues. Section 11. SeverabiIity. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 12. Effective date. This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 21 s t day of _ November _ _ , 1995. ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: 4wnA,y Club. Texas DDC #: 315992 13 Town Council Page 197 of 321 Meeting Date: April 14, 2015 Town Council Exhibit "B" �I/,IWO F�fx� iio 4 '0r LEGAL DESCRIPTION The following described tract or parcel of land situated in the C Madlin Survey, Abstract No. 823. Denton County, Texas and being a portion of a 127.140 acre tract of land as conveyed to Nelson Bunker Hunt by deed recorded on Page 426 of Volume 571 in the Denton County Deed Records and being a portion of a 10 0 acre tract of land as conveyed to Independent American Development Corporalion by deed recorded on Page 191 of Volume 2441 in the Denton County Deed Records and being more particularly described as follows BEGINNING at an old 112 inch iron rod in the Northerly right-of-way line of State Highway No 114 (a 100 0 foot right-of-way) and being the Southeast comer of Tract "C", TROPHY CLUB. Section Eight, an Addition to Denton County, Texas according to plat recorded on Page 12 of Volume 15 in the Denton County Plat Records; THENCE N 21'13'07'E along the East line of said TROPHY CLUB, Section Eight a distance of 269-79 feet to an old 112 inch iron rod and being in the South line of TROPHY CLUB, Section Five, an Addition to Denton County, Texas according to the revised plat recorded on Page 10 of Volume 13 in the Denton County Plat Records; THENCE S 6833'20" E along the South line of said TROPHY CLUB, Section Five a distance of .613 47 feet to an old 112 inch iron rod; THENCE N 63 14'32" E along the South line of said TROPHY CLUB, Section Five a distance of 735 37 feet to an old 112 inch iron rod, THENCE N 51'10' E along the South line of said TROPHY CLUB, Section Five a distance of 43.2 feet to an old 518 inch iron rod; THENCE S 17'10'35" E a distance of 234.77 feet to an old 518 inch iron rod and being in the Westerly right-of-way line of Trophy Club Drive (a variable width right-of-way) as recorded on Page 882 of Volume 738 in the Denton County Deed Records and being on a curve having a radius of 640.46 feet whose center bears S 1707'36" E a distance of 640 46 feet; THENCE Southwesterly along said curve and along the Westerly right-of-way line of said Trophy Club Drive a distance of 73.78 feel to a concrete Texas Department of Transportation monument at the beginning of a curve to the left having a radius of 75 0 feel whose center bears N 7001'38" W a distance of 75.0 feet; THENCE Southwesterly along said curve and along the Westerly right-of-way line of said Trophy Club Drive and through a central angle of 91 `09'19", an are length of 119.32 feet, a chord bearing of S 65`33'01" W, and a chord distance of 107.13 feet to a concrete Texas Department of Transportation monument and being in the Northerly right-of-way line of said Slate Highway No 114; THENCE N 69 03'52" W along the Northerly right-of-way line of said State Highway No. 114 a distance of 956 9 feet to place of beginning, containing 9 9470 acres or 433,293 square feet of land. more or less EXHIBIT "A" Page 198 of 321 Meeting Date: April 14, 2015 Ma I W, Exhibit "B" EXHIBIT "C" DEVELOPMENT STANDARDS THE VILLAGE AT TROPHY CLUB, TEXAS The development of the Land described in Exhibit "A" consisting of approximately 9.947 acres of land shall be in accordance with the PD Site Plan of the development (attached hereto as Exhibit "B"), all other Exhibits attached to or to be made a part of this Ordinance, the Comprehensive Zoning Ordinance (Ordinance No. 94-09), all other applicable ordinances and regulations of the Town of Trophy Club, and the following Development Standards, conditions and requirements: A. Purpose: development standards, uses within individual tracts: This Planned Development is designed to accommodate a variety of retail commercial and commercial office uses. For development purposes, the Land is divided into four tracts (Tracts 1, 2, 3 and 4 as shown on Exhibit 'B" attached hereto (PD Site Plan)), and the use and development of each of the tracts shall be in accordance with the following: 1. Tract 1(Retail uses as depicted in Exhibit "B"): The following standards shall apply to Tract 1: (a) Size of tract: Tract 1 shall contain approximately 3.8 acres of Iand. (b) Uses generally: In the development and use of Tract 1, no land shall be used and no building or structure shaII be installed, erected or converted to any use other than the following: (1) Permitted uses: (A) Book stores (N) Specialty household furnishings and (B) Stationery, card and party fixtures stores (0) Boutiques (C) Specialty gift stores (P) Antique shops (D) Computer and electronic sales (Q) Neighborhood hardware stores and service stores (R) Small household appliance stores (E) Specialty neighborhood (S) Bicycle shops (non -motorized) services and shops (T) Wearing apparel and shoe shops (F) Barber, nail and beauty shops (U) Art supply store (G) Art gallery (V) Electric goods and fixtures (H) Confectionery shops (W) Sporting goods stores (1) Ice cream shops (X) Fabric and knitting shops (J) Drug stores, apothecary and (Y) Music/video store (no video arcade pharmacy machines allowed, no adult video (K) Jewelry and watch store sales or rentals allowed) (L) Florist (Z) All permitted uses in Tracts 3 and 4 (M) Arts, crafts and hobby stores EXHIBIT CTO ORDINANCE NO. 95-20 Doc !1: 315892 Page Iof12 Town Council Page 200 of 321 Meeting Date: April 14, 2015 Exhibit "B" (2) Accesso uses: Accessory uses shall be permitted in accordance with the regulations set forth in Section 35 of the Comprehensive Zoning Ordinance. Outdoor pay phones shall not be permitted. (3) Conditional uses: Conditional uses may be permitted in accordance with the regulations provided in Section 42 of the Comprehensive Zoning Ordinance. (4) Limitation of uses: Any use not expressly permitted herein or allowed by permit is prohibited. (c) Area and building re_g4lations: (i) Maximum building coverage: The combined area of all main and accessory buildings shall not exceed 25% of the total area of Tract 1. (ii) Maximum floor _area` number of buildings: The maximum combined square footage of all main and accessory buildings shall be 40,000 square feet. No more than two (2) buildings shall be constructed or located in Tract 1. No building shall contain more than 20,000 square feet. (iii) Maximum impervious area: The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total area of Tract 1. (iv) Minimum open space: All areas (but in any event at least 20% of the total area of Tract 1) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (v) Depth of front yard. feet*: There shall be a front yard having a depth of not less than thirty (30) feet. (vi) Depth of rear yard. feet*: There shall be a rear yard having a depth of not less than forty (40) feet. (vii) Width of side yard on each side, feet*: A minimum of a fifteen (15) foot side yard shall be required on each side of Tract 1. (viii) He.��ht: No building or structure shall exceed thirty-five (35) feet in height (1 story maximum). *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. (d) Parking, loading_reguulations: The minimum number of off-street parking spaces shall be one (1) space for each 200 square feet of building area. In all other EXHIBIT C TO ORDINANCE NO. 95-20 Page 2 of 12 AOC N: 315892 Town Council Page 201 of 321 Meeting Date: April 14, 2015 Exhibit "B" respects, off-street parking shall comply with Section 47 of the Comprehensive Zoning Ordinance. Off-street Ioading shall be in accordance with Section 48, "Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance. Landscaped islands shall be provided for every twelve (12) parking spaces. Handicapped parking, including van accessible spaces, shall be provided according to Town standards. 2. Tract 2 (Retail/commercial use with gasoline island): The following standards shall apply to Tract 2: (a) Size of tract: Tract 2 shall contain approximately 1.8 acres of land. (b) Permitted uses: In the development of Tract 2, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: (1) Convenience store with gasoline sales (no truck diesel, no cigarette wrapping papers, nor any adult magazine or video sales allowed, no video arcade machines allowed) (c) Area and building regulations: (2) All uses permitted in Tracts 1, 3 and 4 (i) Maximum building coverage: The combined area of all main and accessory buildings shall not exceed 15 % of the total area of Tract 2. (ii) Maximum floor area, number of buildings: The maximum square footage of all main and accessory buildings shall be 8,500 square feet. No more than one (1) building shall be constructed or located in Tract 2. (iii) Maximum_ impervious area: The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total area of Tract 2. (iv) Minimum open space: All areas (but in any event at least 20% of the total area of Tract 1) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (v) Depth of front yard, feet*: There shall be a front yard having a depth of not less than thirty (30) feet. EXHIBIT C TO ORDINANCE NO. 9 5— 2 0 DOC N: 315892 Town Council Page 202 of 321 Page 3 of 12 Meeting Date: April 14, 2015 Exhibit "B" (vi) Depth of f rearyard, feet*: There shall be a rear yard having a depth of not less than forty (40) feet. (vii) Width of side yard on each side. feet: A minimum of a fifteen (15) foot side yard shall be required on each side of Tract 1. (viii) Height: No building or structure shall exceed thirty-five (35) feet in height (1 story maximum). *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. (d) Parking, loading regulations: The minimum number of off-street parking spaces shall be one (1) space for each 200 square feet of building area. In all other respects, off-street parking shall comply with Section 47 of the Comprehensive Zoning Ordinance. Off-street loading shall be in accordance with Section 48, "Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance. Landscaped islands shall be provided for every twelve (12) parking spaces. Handicapped parking, including van accessible spaces, shall be provided according to Town standards. 3. Tract 3 (Transition from office and commercialto retail): The following standards shall apply to Tract 3: (a) Size of tract: Tract 3 shall contain approximately 1.5 acres of land. (b) Permitted uses: In the development of Tract 3, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: (1) Restaurants with no drive- through or drive-in (2) Restaurants with alcoholic beverage sales (subject to required Town approvals) (3) Office supply (c) Area and building reuulations: (4) Photographic service and studio (5) Specialty gourmet food stores (6) Bakery shop (7) Dry cleaners (pick-up and delivery only) (8) All uses permitted in Tract 4 (i) Maximum building_ coverage: The combined area of all main and accessory buildings shall not exceed 15% of the total area of Tract 3. (ii) Maximum floor area, number of buildings: The maximum square footage of all main and accessory buildings shall be 8,500 square feet. No more than one (1) building shall be constructed or located in Tract 3. EXHIBIT C TO ORDINANCE NO. 9 5— 2 0 DDC #: 315892 Page 4 of 12 Town Council Page 203 of 321 Meeting Date: April 14, 2015 Exhibit "B" (iii) Maximum impervious area: The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total area of Tract 3. (iv) Minimum open space: All areas (but in any event at least 20% of the total area of Tract 1) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (v) Depth of front yard. feet*: There shall be a front yard having a depth of not less than thirty (30) feet. (vi) Depth of rear yard, feet*: There shall be a rear yard having a depth of not less than forty (40) feet. (vii) Width of side yard on each side, feet: A minimum of a fifteen (15) foot side yard shall be required on each side of Tract 3. (viii) Height: No building or structure shall exceed thirty-five (35) feet in height (1 story maximum). *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. (d) Parking,, loading regulations: The minimum number of off-street parking spaces shall be one (1) space for each 300 square feet of building area. In all other respects, off-street parking shall comply with Section 47 of the Comprehensive Zoning Ordinance. Off-street loading shall be in accordance with Section 48, "Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance. Landscaped islands shall be provided for every twelve (12) parking spaces. Handicapped parking, including van ' accessible spaces, shall be provided according to Town standards. 4. Tract 4 (Tracts 4A. 4B if Exhibit G is used) (Office/commercial uses): The following standards shall apply to Tract 4: (a) Size of tract: Tract 4 shall contain approximately 2.8 acres of land. (b) Permitted uses: In the development of Tract 4, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: EXHIBIT C TO ORDINANCE NO. 9 5 — 2 o Page 5 of 12 DOC #: 315892 Town Council Page 204 of 321 Meeting Date: April 14, 2015 Exhibit "B" (1) Administrative, executive editorial office (2) Accounting office (3) Architectural, engineering, planning office (4) Attorney's office (5) Physician or dentist (6) Municipal administration and public service buildings (7) Insurance office (8) Personal or family counselor (9) Public secretary (10) Bank, savings and loan (11) Mortgage company (12) Interior design and supply services (c) Area and building regulations: (13) Specialty neighborhood services (14) Title company (15) Health and athletic services (16) Weight reduction services (17) Medical, dental, chiropractic, optometry, etc. (18) Real estate office (19) Art studio (20) Dance studio (21) Duplication and mailing service (22) Printing, publishing and engraving (23) Educational services (24) Private health clubs (i) Maximum buildine coverage: The combined area of all main and accessory buildings shall not exceed 35 % of the total area of Tract 4. (ii) Maximum floor area, number of buildings: The maximum combined square footage of all main and accessory buildings shall be 44,000 square feet. No more than two (2) buildings shall be constructed or located in Tract 4. (iii) Maximum impervious area: The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total area of Tract 4. (iv) Minimum open space: All areas (but in any event at least 20% of the total area of Tract 1) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (v) Depth of front yard, feet*: There shall be a front yard having a depth of not less than thirty (30) feet. (vi) Depth of rear yard, feet*: There shall be a rear yard having a depth of not less than forty (40) feet. (vii) Width of side yard on each side, feet: A minimum of a fifteen (15) foot side yard shall be required on each side of Tract 4. EXHIBIT C TO ORDINANCE NO. 9 5- Z 0 DOC P. 315992 Town Council Page 205 of 321 Page 6 of 12 Meeting Date: April 14, 2015 Exhibit "B" (viii) Heigh : No building or structure shall exceed thirty-five (35) feet in height (1 story maximum). *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. (d) Parking, loading regulations: The minimum number of off-street parking spaces shall be one (1) space for each 300 square feet of building area. In all other respects, off-street parking shall comply with Section 47 of the Comprehensive Zoning Ordinance. Off-street loading shall be in accordance with Section 48, "Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance. Landscaped islands shall be provided for every twelve (12) parking spaces. Handicapped parking, including van accessible spaces, shall be provided according to Town standards. B. Additional development standards applicable to this Planned Development District: 1. Concept plan. An overall concept plan showing all internal streets, drainage, utilities, and exact divisions between land uses shall be submitted simultaneously with the submission of the first comprehensive site plan for any Tract in this Planned Development District. 2. Buffered Area. (a) All principal buildings and structures shall be set back a minimum of forty (40) feet from the common property line of any adjoining property used or zoned residential. (b) A thirty (30) foot continuous landscape buffer shall be provided along all single family residential property lines as indicated on Exhibit 'B" attached hereto (PD Site Plan) and Exhibit "E" (Landscape Concept Plan). The buffer shall be graded so as to closely maintain the existing grades and shall be landscaped with evergreen trees from the mandatory plant list (attached hereto as Exhibit "F" and incorporated herein). The thirty (30) foot continuous landscape buffer shall be irrigated. Maintenance of the landscape buffer and irrigation shall be the responsibility of the owners of the Land. Landscaping and irrigation along the entire landscape buffer shall commence in the first phase of any development of any Tract within the Land and shall be entirely completed prior to the issuance of any certificate of occupancy. (c) Prior to the issuance of any building permit for the Land, a continuous eight (8) foot "Woodcrete" fence (see Exhibit "K") shall be provided along the adjacent single family residential property Iines and shall be constructed completely on the Land. Eight (8) foot Austin Stone columns shall be constructed at all property corners of each adjacent single family residential lot. The height of the fence shall be measured from the existing grade. The Owner of the Land, at its sole EXHIBIT C TO ORDINANCE NO. 9 5 - 2 0 Page 7 of 12 DOC #: 315892 Town Council Page 206 of 321 Meeting Date: April 14, 2015 Exhibit "B" expense, shall remove all rear wood fencing (constructed on the adjacent single- family residential lots) and shall construct wooden fence connections between existing residential fences and the "Woodcrete" screening fence. Connections shall be of like construction to existing fences. The fence contractor shall design specific per lot fence grades per the existing conditions which will not hinder or impede current utility or drainage conditions. The fence construction shall commence in the first phase of any development of any Tract within the Land and shall be entirely completed prior to the issuance of any certificate of occupancy. 3. Landscaping. Landscaping shall be in accordance with Section 46, "Landscaping ReguIations," of the Comprehensive Zoning Ordinance and with the following: (a) Berming shall be utilized along street frontages, when possible, to screen parking from public view. (b) All landscaped areas shall be irrigated. (c) Landscaping shall be maintained by the Owners of the Land. Any dead plant material shall be removed and replaced in a timely manner. (d) All plant materials must be selected from the mandatory plant list attached hereto as Exhibit "F." The Landscape Concept Plan (Exhibit "E") has been included with this Ordinance to generally illustrate the intent and location of landscaping tree massing. Trees shall be 3 1/2"- 4 1/2" minimum caliper, as the case may be, at the time of installation. Trees located in the 30 foot landscape easement adjacent to the single family property shall be located so as to provide a full screen at the time of maturity. These trees shall be evergreen. Detailed landscape plans, sealed by a registered landscape architect, shall be provided on each tract at the time of Final Site Plan submittal. 4. Deceleration and left turn lanes. The Owner of the Land has voluntarily agreed to and shall provide left-hand turn lanes for both directions of travel located at the ultimate median opening on Trophy Club Drive as shown on Exhibit "B" (Site Plan). A deceleration lane will be provided along Trophy Club Drive as shown on Exhibit "B" (Site Plan). Construction of the deceleration and left-hand turn lanes shall be constructed at the same time as the reconstruction of Trophy Club Drive by the Town. 5. Hours of operation of uses. Hours of operation for the uses set forth herein shall be no longer than from 6:00 A.M. to 11:00 P.M. Deliveries and service calls shall be allowed only between 8:00 A.M. and 5:00 P.M. No outside sales of any kind shall be conducted, including but not limited to, truck lot, pedestrian walkway, tent or other sales. EXHIBIT C TO ORDINANCE NO. 9 5 - Z o Page 8 of 12 DOC #: 315892 Town Council Page 207 of 321 Meeting Date: April 14, 2015 Exhibit "B" 6. Accessory uses. Accessory uses shall be permitted in accordance with the regulations set forth in Section 35, "Accessory Buildings," of the Comprehensive Zoning Ordinance. 7. Conditional uses. No conditional uses shall be permitted. 8. Limitation of uses. Any use not expressly provided for in this Ordinance or otherwise allowed by law is prohibited. 9. Building materials. All main and accessory buildings shall be of exterior fire resistant construction having at least eighty percent (80%) of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone or other masonry or material of equal characteristics in accordance with the Town's Building Code and Fire Code. All buildings and structures shall be constructed of natural stone with a metal type roof. All windows and doors shall be of wood construction. Typical elevations are provided with this Ordinance (see Exhibit "I" to illustrate the conceptual architectural style and detail. (a) Vertical walls of each building exclusive of doors and windows shall be of one hundred percent (100%) masonry. All vertical walls visible from the street shall be an Austin Stone or similar material. Split concrete block or similar material may be used on rear exteriors not visible from the street. (b) Wood treatment shall be confined to soffits, gable ends, porch ceilings and columns. All windows and doors shall be of wooden construction. All windows and doors shall have gridded lite panes. (c) The roof of any building shall be galvalum construction and shall be allowed to weather to a natural color, and shall be of a uniform color. No application of a colored paint shall be allowed. All roofs shall be properly maintained by the building owner. 10. Development schedule. The Land shall be developed in accordance with the following schedule submitted by the Owner/Developer: January 1, 1996 to December 31, 1997 Bank Site Convenience Site with Gasoline Sales Office Building January 1, 1997 to December 31, 1998 Second Office Building Retail Building EXHIBIT C TO ORDINANCE NO. 9 5- 2 0 DOC N: 315892 14,000 - 22,00 square feet 14,000 square feet 16,000 to 20,000 square feet Page 9of12 Town Council Page 208 of 321 Meeting Date: April 14, 2015 Exhibit "B" January 1, 1998 to December 31, 1999 Complete remaining office and retail development Every six (6) months following the approval of this Ordinance, the Building Inspector shall report to the Planning and Zoning Commission and the Town Council the actual development accomplished as compared with the development schedule submitted by the Owner/Developer of the Land. If, in the opinion of the Planning and Zoning Commission or the Town Council, the Owner/Developer has failed to meet the approved development schedule, the Planning and Zoning Commission or the Town Council may initiate proceedings to amend all or part of the zoning on the Land or to amend the provisions of this Ordinance. Upon receiving the recommendation of the Planning and Zoning Commission, after all hearings have been held as required by law, the Town Council may amend all or part of the zoning of the Land and/or amend the provisions of this Ordinance to extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions then existing. 11. Landscaped islands/parking. Per the landscape ordinance of the Town of Trophy Club, a landscaped island shall be provided for every 12 parking spaces. 12. Additional parking standards. Parking shall be provided in accordance with the ratios identified on the plan. Shared parking is allowed and can be used in calculations to provide minimum total spaces for overall site. 13. Handicapped parking. Handicapped/accessible parking, including van accessible spaces shall be provided per Town standards. 14. Parkin 1s: of lighting. All parking lot lighting shall be located approximately as shown on the PD Site Plan (Exhibit B). Poles shall be a maximum of 20 feet in height. Pole lighting shall be oriented down and away from all adjacent properties. Building lighting shall be mounted to building face or in ground fixtures and oriented to wash building with light. Specific light standards shall be included on final site plan requests and included in final landscape plans and signage plans. 15. Screening fence. The screening fence shown on the PD Site Plan (attached hereto as Exhibit "B") shall be of woodcrete construction with a wood panel design (see detail attached hereto as Exhibit "K") and a minimum of 8 feet in height. This height shall be measured from existing grade. Fence shall be constructed completely on the commercial property in accordance with Town standards. Developer shall construct wooden fence connections between existing residential fences and proposed woodcrete fence. Connections shall be of like construction to existing fences. Fence contractor shall design specific, per lot fence grades per existing conditions and will not hinder or impede current utility or drainage conditions. 16. Signs. Prior to the issuance of a building permit for the Land or any part thereof, an overall sign plan, accompanying the final site plan for the Land, shall have been approved EXHIBIT C TO ORDINANCE NO. 9 5 - 2 o Page 10 of 12 DOC #! 315892 Town Council Page 209 of 321 Meeting Date: April 14, 2015 Exhibit "B" by the Town Council. Upon approval of the sign plan, the plan shall become a part of this ordinance as if copied herein in its entirety. The signs reflected on the sign plan shall conform to applicable ordinances of the Town and with the following: a. Main Sign - Monument type located within landscaped area at front corner of site. To be a maximum of four (4) feet in height, fifteen (IS) feet in Iength and sixty (50) square feet in total area. b. Site Identification Signage - Monument type located within landscaped areas along street frontages. To be a maximum of four (4) feet in height, ten (10) feet in length, and forty (40) square feet in total area. No product advertising shall be allowed. Building Signage - Placard type signage shall be permitted on the building face and entry doors to identify specific users; signage shall be designed in conjunction with the building architecture. d. Directional Signage - all directional, safety and handicapped signage shall be of a character so as to complement the project and be of wooden construction. All signage shall be externally lighted only. No neon or similar type lighting is permitted. f. No signage of any type shall be displayed in window areas of any building. No banner or temporary sign shall be allowed on the exterior of any building. g. No pole -type identification signs shall be allowed. h. All signage shall be located so as to avoid traffic obstructions and outside of any sight easements. 17. Fire _lanes. Fire lanes are as shown an plan. Location and detail shall be provided at the time of Final Site Plan approval and shall be approved by the fire department. 18. Final site plan: Any Final Site Plan request shall include, among other things: (a) The detailed site plan per Town standards; (b) The final architectural elevations and materials; (c) The final landscape and irrigation plans; and (d) An updated PD concept plan which illustrates any site planning changes modified by the proposed Final Site Plan. Upon approval, the said Site Plan shall become a part of this Ordinance. EXHIBIT C TO ORDINANCE NO. 9 5 - 2 0 Page 11 of 12 Doc M: 315D2 Town Council Page 210 of 321 Meeting Date: April 14, 2015 Exhibit "B" 19. Outdoor storage. No outdoor storage, except for refuse disposal shall be permitted on the land. All dumpsters are prohibited at the rear of any buildings. Dumpsters are to be enclosed on all sides with Masonry walls and gates of similar architectural style of the buildings. Minimum height of the enclosures shall be determined by the height of the dumpster. When possible, landscaping shall provide additional screening for the enclosure. Operating hours for trash service shall be in accordance with the Town of Trophy Club standards. 20. Mechanical and electrical equipment. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimum noise impact on surrounding property. All such equipment shall be screened from public view. 21. Lighting. Lighting shall be designed to reflect down or away from any adjacent residential area: (a) Pole Lamps shall be a maximum of twenty (20) feet in height. Pole Iighting shall be oriented down and away from all adjacent properties. Pole Iamps should be of the quality of a Sternberg Ripon -A fixture. All light will be a white light. (b) Building Lighting shall be mounted to the building face at a height not to exceed eight (S) feet or in ground fixtures and oriented to wash the building with light. All wall or ground fixtures should be made of like materials of the Sternberg Ripon -A fixture and maintain the verde green color. An overall site lighting plan shall accompany the final site plan meeting all the requirements of this Ordinance and all other applicable ordinances of the Town. The site lighting plan shall subject to review and approval by the Town Council. 22. Minor site planning modifications. It is understood that the approval of this plan does not deny the opportunity to make minor site planning modifications as it relates to building and lot layout and configuration. The Town shall continue to maintain the intent of this plan in all subsequent approval processes. EXHIBIT C TO ORDINANCE NO. 95-20 Page 12 of 12 DOC #: 315642 Town Council Page 211 of 321 Meeting Date: April 14, 2015 Exhibit "B" DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE, VYLLAGE AT TROPHY CLUB TROPHY CLUB, TEXAS (To Be Finalized Prior To Finn] Plat Approval) Page 1 DRAFT Town Council Page 212 of 321 Meeting Date: April 14, 2015 Exhibit "B" TABLE OF CONTENTS ARTICLE I DEVELOPMENTSTANDARDS A. GENERAL PURPOSE. B. USES C. BUILDING PERMIT REQUIREMENTS D. HEIGHT REGULATIONS E. AREA REGULATIONS F. SCRE ENING/BU111FERING REGULATIONS G. LANDSCAPING REQUIREMENTS H. OFF STREET LOADING I. HOURS OF OPERATION J. OFF-SITE PUBLIC IMPROVEMENTS K. DESIGN REQUIREMENTS L. PROJECT GRADES/ELEVATIONS ARTICLE H ARCHITECTURAL CONTROL 2.01 Appointment 2.02 Successors 2.03 Authority 2.04 Procedure For Approval 2.05 Standards 2.06 Liability of Committee ARTICLE III GENERAL PROVISIONS 3.01 Recorded Plat 3.02 Mortgage 3.03 Term 3.04 Severability 3.05 Binding Effect 3.06 Enforcement 3.07 Definition of Owner 3.08 Addresses EXHIBIT A: LEGAL DESCRIPTION EXIPIBIT B: PD SITE PLAN EXHIBIT E: LANDSCAPING CONCEPT PLAN EXHIBIT F: APPROVED PLANT LIST EXH]BIT G: POTENTIAL ALTERNATE SITE PLAN EXHIBIT H: PROPOSED ELEVATIONS / SITE LINES EXffiSIT I: CONCEPT ELEVATIONS Page 2 DRAFT Town Council Page 213 of 321 Meeting Date: April 14, 2015 Exhibit "B" DECLAT3.ATION OF COVENANTS, CONDI'T'IONS AND RESTRICTIONS THE VILLAGE AT TROPHY CLUB TROPHY CLUB, TEXAS THE STATE OF TEXAS K1VOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON THAT Oakmont Enterprises, Inc., a Texas corporation (the "Declarant") is the owner of approximately 9.947 acres (the "Addition"), an Addition to the Town of Trophy CIub (the "Town"), Texas, according to the Plat thereof (the "Plat") recorded in of the Map of Records of Denton County (the "County"), Texas. Declarant hereby declares that all of the property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, and subject to that Declaration of Covenants and Deed restrictions recorded in Volume , Page of the Deed of Records of Denton County, Texas (the "Addition CCR's") which are for the purpose of establishing a general scheme for the development of all of the lots in the addition and for the purpose of enhancing and protecting the value, attractiveness and desirability of said lots and which shall run with the land and be binding on all parties having or acquiring any right, title or interest in the property or any part thereof, and which shall inure to the benefit of each owner thereof. ARTICLE I DEVELOPMENT STANDARDS A. GENERAL PURPOSE. 1. Project Development: The purpose of this Non -Residential Planned Development is to allow retail, commercial and office development and services. This project shall provide uses complementary to the needs of the area, designed to harmonize with the residential character of the Town and planned within a landscaped envu•onment that helps to create a `visual entry" into Trophy Club. The ultimate development will also make a considerable contribution to the tali base of the Town. 2. Project Approvals: The PD Development has been requested to provide the provisions, allowances and specific design criteria needed to create a uniquely planned and designed commercial development, The project goal is to both provide an atmosphere of the highest possible quality for the Town of Trophy Club Page 3 DRA117 Town Council Page 214 of 321 Meeting Date: April 14, 2015 Exhibit "B" and to maintain a successful environment for the owners and operators of the proposed Development. This combination of quality and success is the purpose of the proposed Development and will assist in maintaining the highest standards of living for the residents of Trophy Club both now and in the future. Within this framework, the ultimate development plan may vary as the final property configurations and building designs are determined. The purpose of the attached Exhibit B: PD Site Plan, subsequent to its approval by the Town Council, will be to provide a framework and system of checks and balances to guide the ultimate development of the project. The process for Final Site Plan with the required Revised PD Site Plan or Plans, (see Paragraph C below) is intended to allow the Town the consideration of approvals of individual components of the Development, as they occur, to insure that they shall meet the spirit and intent of the original Exhibit B: PD Site Plan and the PD Ordinance and their conditions and provisions. As an example, the attached Exhibit G: Potential Alternate Site Plan illustrates an example of a potential final site configuration and building design which maintains the design elements established in Exhibit B: PD Site Plan. Unless specifically addressed to the contrary herein, all applicable ordinances and standards of the Town of Trophy Club shall apply. In the case of a conflict, the PD Ordinance shall govern. 3. General Definition of Terms Herein. As used herein the following terns shall have these meanings: (a) Development: The entire 9.947 land area of the project. (b) Developer: The then current owner of the Development and/or the Tract being referred to. (c) Tract: The portion or portions of the Development which have been platted or are being proposed to be platted into smaller parcels of the whole Development -under preliminary or final. plats which are subject to all of the provisions and regulations of this PD Ordinance. (d) PD Ordinance: The entire final Non -Residential Planned Development Ordinance of which this Exhibit is a part which has been. approved by the Town Council and filed of record in Denton County, Texas. B. US1GS: The land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. Page 4 DRAFT Town Council Page 215 of 321 Meeting Date: April 14, 2015 Exhibit "B" B.I. Permitted Principal Uses by Tracts. B.l.(a) Tract 4: Office/Commercial Shall permit the following principal uses: 1. Administrative, Executive, Editorial Office 2. Accounting Office 3. Architectural, Engineering, Planning Office 4. Attorney's Office 5. Physician or Dentist 6. Municipal Administration and Public Service Buildings 7. Insurance Office 8. Personal or Family Counselor 9. Public Secretary 10. Bank, Savings and Loan 11. Mortgage Company 12, Interior Design and Supply Services 13, Specialty Neighborhood Services 14. Title Company 15. Health and Athletic Services 16. Weight Reduction Services 17. Medical, Dental, Chiropractic, Optometry, etc. 18. Real Estate Office 19. Art Studio 20. Dance Studio 21. Duplication and Mailing Service 22. Printing, Publishing and Engraving 23. Educational Services 24. Private Health Clubs B.l.N Tract 3: Transition from Office & Commercial to Retail Shall permit all of the Tract 4 uses plus the following: 1. Restaurants- no drive-thru or drive-in 4. Photographic Service and Studio 2. Restaurants with Alcoholic Beverage 5. Specialty Gourmet Food Stores Sales (subject to required Town 6. Bakery Shop approvals) 7. Dry Cleaners (Pick up and Delivery 3. Office Supply only) B.I(c) Tract 1: Retail/Commercial Shall permit all of the uses of Tracts 3 & 4 plus the following: 1. Book Stores 2. Stationery, Card and Party Stores 3. Specialty Gift Stores 4. Computer and Electronic Sales and Service Stores 5. Specialty Neighborhood Services Shops 6. Barber, Nail and Beauty Shops 7. Art Gallery 8. Confectionery Shops 9. lee Cream Shops 10. Drug Stores, Apothecary and Page 5 DRAFT Pharmacy 11. Jewelry and Watch Store 12. Florist 13. Arts, Crafts and Hobby Stores 14. Specialty Household Furnishings and Fixtures 15. Boutiques 16. Antique Shops 17. Neighborhood Hardware Stores 18. Small. Household Appliance Store 19. Bicycle Shops (non -motorized) 20. Wearing Apparel and Shoe Shops Town Council Page 216 of 321 Meeting Date: April 14, 2015 Exhibit "B" 21. Art Supply Store 22. Electric Goods and Fixtures 23. Sporting Good Stores 24. Fabric and Knitting Shops B.1(d) Tract 2: Retail/Commercial 25. MusicNideo Store (no video arcade machines allowed, no adult video sales or rentals allowed) Shall permit all of the uses of Tract 3, Tract 4 and Tract 1, plus the following: 1, Convenience Store with Gasoline Sales (no truck diesel, no cigarette wrapping papers, nor any adult magazine or video sales allowed, no video arcade machines allowed). 5.2. Accessory Uses: Accessory uses shall be permitted in accordance with the regulations provided in the Section 35 of the Zoning Ordinance of the Town of Trophy Club. Outdoor pay phones shall not be permitted anywhere on the Development. B.3. Conditional Uses: Conditional uses may be permitted in accordance with the regulations provided in Section 42 of the Zoning Ordinance of the Town of Trophy Club. BA. Limitation of Uses: Unless described in Section B. herein and/or as detennined by the Town at the time of building permitting, no additional uses shall be allowed. C. BUILDING PERMIT REQUIREMENTS: No application for a building permit for the construction of building shall be approved unless: 1. A Final Plat on all or a portion of the Tract on which the building is to be built, meeting all requirements of the PD Ordinance, has been approved by the Town Council and recorded in the official records of the County in which the property is located; 2. A Final Site Plan on the platted portion of the Tract on which the building is to be built, meeting all the requirements of the PD District, has been approved by the Town Council; 3. A revised PD Site Plan, if so required by the Town staff meeting the spirit and intent of Exhibit B: PD Site Plan and this PD Ordinance, has been approved by the Town Council as a part of the Final Site PIan (as defined above in C.1.); 4. A detailed Landscape Plan accompanying the Final Site Plan, as prepared by a registered landscape architect, and meeting all requirements of the PD Ordinance, has been approved by the Town Council; 5. An overall Signage Plan accompanying the Final Site Plan, meeting all requirements of the PD District, has been approved by the Town Council; Page G DRAFT Town Council Page 217 of 321 Meeting Date: April 14, 2015 Exhibit "B" G. An overall Site Lighting Plan accompanying the Final Site Plan, meeting all requirements of the PD District, has been approved by the Town. Council. 7. The Architectural Review Committee shall have reviewed the building and landscape plans, which are required by the covenants and restrictions associated with. this project. No construction is allowed without the written approval of the Architectural Control Committee. D. IIEIGHT REGULATIONS: No building shall exceed thirty-five (35) feet or one (1) story in total height. E. AREA REGULATIONS: The following standards shall be required: 1, Minimum Open Space: At least twenty percent (20%) of the total. Tract area shall be devoted to non -vehicular open space. (Non -vehicular open space is any area not devoted to buildings, parking, loading, storage, or vehicular use.) 2. Maximum Building Coverage: The combined area covered by all main and accessory buildings and st3uctuures shall not exceed forty percent (40%) of the total Tract area. 3. Maximum Building Square Footage: The building square footage for all or a part of Tracts 1-4 shall not exceed the following: Tract 1: Tract 1 shall be restricted to a minimum of two (2) buildings. No building shall be larger than 20,000 square feet. Tract 2: Tract 2 shall be restricted to a minimum of one (1) building. No building shall be larger than 8500 square feet. Tract 3: Tract 3 shall be restricted to minimum of one (1) building. No building shall be larger than 8500 square feet. Tract 4: Tract 4 shall be restricted to minimum of two (2) buildings. No building shall be larger than 22,000 square feet. 4. Off Street Parldng. Landscaped islands shall be provided for every twelve (12) parking spaces. Handicapped/Accessible parking, including van accessible spaces, shall be provided according to Town standards. The nuinimnun number of parking spaces for each Tract shall be l space for every 300 square feet of building area on the Tract. 5. Tract Subdivisions. The Tracts 1-4 as defined herein in this PD Ordinance and shown on the attached Exhibit B: PD Site Plan may be subdivided, combined, and/or slightly varied on their adjoining property lines through the Final Plat approval process. However, all such subdivided or varied Tracts shall Page 7 DRAFT Town Council Page 218 of 321 Meeting Date: April 14, 2015 Exhibit "B" conform to the regulations herein defined for the Tracts fi-om which they were originally a part and carry out the original spirit and intent of the PD Ordinance. Note: Buildings identified on Exhibit B: PD Site Plait attached hereto are a schematic representation, and final building configurations may va►y, but shall in all respects conform to the regulations defined herein, and be subject to Final Site Plait approvals as defined herein. 6. Maximum Impervious Area: The combined area occupied by all buildings, structures, off street parking and paved areas shall not exceed eighty percent (80%) of the total Tract area. 7. Depth of Front Yard, 30 ft. minimum from the property line. 8. Depth of Rear Yard, 40 it. minimum from tine property line. 9. Width of Side Yard on each side, 1.5 ft. minimum from the property Tine. F. SCREENING/BUFFERING REGULATIONS: 1. All principal buildings and structures shall be set back a minimum of forty feet (40') from any common residential property line. 2. A thirty foot (30') continuous landscape buffer shall be provided along the single family property Tine as indicated on Exhibit B: PD Site Plan and Exhibit E - Landscape Concept Plan. The buffer shall be graded so as to closely maintain the existing grades and shall be landscaped with evergreen trees from Exhibit F: Approved Plant List . The thirty foot (30') continuous landscape buffer shall be irrigated. Maintenance of the landscape buffer and irrigation shall be the responsibility of the commercial owners. The landscaping and irrigation installation along the entire landscape buffer shall commence in the first phase of any development of the Development and be completed prior to any issuance of certificate of occupancy. 3. A continuous eight foot (8') "Wooderete" fence shall be provided along the single family property lines and said fence shall be constructed completely on the commercial property and with adjacent owners permission as per the Town of Trophy Club Fence Ordinance. Eight foot (8') Austin Stone columns will be constructed at all property corners of single family lots. The fence height shall be measured from the existing grade. The Developer at its sole expense shall remove all rear wood fencing and construct wooden fence connections between existing residential fennces and the "Woodcrete" screening fence. Connections shall be of Eke construction to existing fences. Fence contractor shall design specific per lot fence grades per existing conditions and will not hinder or impede current utility or Page 8 DRAFT Town Council Page 219 of 321 Meeting Date: April 14, 2015 Exhibit "B" drainage conditions. The fence construction shall commence in the first phase of any development of the Development and completed in its entirety prior to the issuance of any certificate of occupancy. G. LANDSCAPING RE, QUIREMENTS. 1. Landscaping shall be required in Accordance with Section 46, Landscaping Regulations of the Town of Trophy Club Zoning Ordinance, 3. Benning and landscaping shall be utilized along street frontages, when possible, to screen parking from public view. 3. All landscaped areas shall be irrigated. 4. Landscaping shall be maintained by the property owners. Any dead plant materials will be replaced in a timely manner, 5. All plant materials must be selected froze the Approved Plant List. (See Exhibit F) H. 0117F STREET LOADING. Off street loading shall be provided as required by Section 48, Off -Street Loading requirements of the Town of Trophy CIub Zoning Ordinance. Loading docks shall not be permitted. I. HOURS OF OPERATION. Hours of operation for the uses set forth shall be no longer than from 6:00 A.M. to 11:00 P.M. Deliveries and service calls are allowed only between 8:00 A.M. and 5:00 P.M. No outside sales of any kind shall be conducted, including, but not limited to, track lot, pedestrian walkway, tent or other sales. J. OFF-SITE PUBLIC IMPROVEMENTS:. The Developer shall provide left hand turn lanes for both directions of travel located at the ultimate median opening on Trophy Club Drive as shown on Exhibit B: PD Site Plan. A deceleration lane shall be provided along Trophy Club Drive as shown on Exhibit B: PD Site Plan. Constriction of the deceleration and left turn lanes shall be constructed at the time of reconstruction of Trophy Club Drive by the Town. K. DESIGN REQUIREMENTS. I. No outdoor storage, except for refuse disposal shall be permitted. All dumpsters are prohibited at the rear of any buildings. Dumpsters are to be enclosed on all sides with masonry walls and gates of similar architectural style of the buildings. Mini num height of the enclosures shall be determined by the Height of the dumpster. When possible, landscaping shall provide additional screening for the enclosure. Operating hours for trash service shall be in accordance with the Town of Trophy CIub standards. Page 9 DRAFT Town Council Page 220 of 321 Meeting Date: April 14, 2015 Exhibit "B" 2. Mechanical and electrical equipment, including air conditioning urats, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 3. Lighting shall be designed to provide security and safety for the Development and shall be oriented down or away from any adjacent residential. area. (a) Pole Lamps shall be a maximum of twenty feet (20') in height. Pole fighting shall be oriented down and away from a.11 adjacent properties. Pole lamps should be of the quality of a Sternberg Ripon -A fixture. All light will be a white light. (b) Building Lighting shall be mounted to the building face at a height not to exceed eight feet (8') or in ground fixtures and oriented to wash the building with light. All wall or ground fixtures should be made of like materials of the Sternberg Ripon -A fixture and maintain the Verde green color. 4. Building Materials: Concept Elevations have been prepared and attached herein as Exhibit 1. Such elevations are schematic representations and final building elevations and designs may vary, but shall in all respects conform to the regulations defined herein, and be subject to Final Site Plan approvals as defined herein. (a) Vertical walls of each building exclusive of doors and windows shall be one hundred percent (100%) masonry. All vertical walls visible from the street shall be a Austin Stone or similar material. Split concrete block or similar material can be used on rear exteriors not visible from. the street. (b) Wood treatment shall be confined to soffits, gable ends, porch ceilings and columns. All windows and doors shall be of wooden construction. All windows and doors shall have gridded lite panes. (c) The roof shall be standing seam -metal construction and shall be allowed to weather to a natural color. No application of colored paint shall be allowed. All roofs will be maintained in a quality manner by the building owner. 5. Signage: (a) Main Sign - Monument sign located within the landscaped area at the front corner of the site. To be a maximum of four (4) feet in height, Page 10 DRAFT Town Council Page 221 of 321 Meeting Date: April 14, 2015 Exhibit "B" fifteen (15) feet in length and sixty (60) square feet in total area. The purpose of this sign is to identify the overall development name and Help introduce the Town of Trophy Club. (b) Site Identification Signage - Monument type located within. landscaped areas along street frontages. To be a maximum of four (4) feet in height, ten (1.0) feet in length and forty (40) square feet in total area. No product advertising allowed. (c) Building Signage - Placard signage shall be allowed on the building face and entry doors to identify specific users; signage shall be designed in conjunction with the building architecture. (d) All signage to be externally lighted only. (e) No signage shall be allowed to be displayed in window areas of the buildings. No banner or temporary signage shall be allowed on the exterior of the buildings. (f) No `dole type" identifications signs shall be allowed. 6. Dumpsters: All dumpsters shall be provided at the sides or fronts of building structures. Dumpsters shall be screened from public view in a manner that is architecturally compatible with the character of the Development. When possible, landscaping shall be used in conjunction with any enclosures to provide additional screening of the dumpster. L. PROJECT GRADES/ELEVATIONS: The final grades and elevations for the Development will be determined at the time of platting and be prepared by a qualified registered professional engineer. These final grades will closely reflect those elevations and sight lines illustrated on the attached Exhibit H: Proposed Elevation Site Lines. ARTICLE H ARCHITECTURAL CONTROL 2.01 Appointment. Declarant may designate and appoint an Architectural Control Committee (herein called the "Committee") composed of three (3) individuals, each generally familiar with the residential and community development design matters and knowledgeable about Declarant's concern for a high level of taste and design standards within the Addition. The Committee shall use its reasonable best efforts to promote and ensure a high level of taste, design, quality, harmony and conformity throughout the Addition consistent with the Declaration. Page 11 DRAFT Town Council Page 222 of 321 Meeting Date: April 14, 2015 Exhibit "B" 2.02 Successors. In the event of the death, resignation or removal by Declarant of any member of the Committee, Declarant may appoint a successor member. Declarant shall have full authority to designate and appoint a successor. No member of the Committee shall be entitled to compensation for, or be liable for claims, causes of action or damages arising out of, services performed, or not performed, pursuant to this Declaration. 2.03 Authority. No building, fence, wall, landscaping, or other structure shall be commenced, erected, placed, maintained or altered on any lot, nor shall' any exterior painting of, exterior addition to, or alteration of, such items be made until all construction and landscaping plans and specifications and plot plan have been submitted to and approved in writing by a majority of the members of the Committee as to: (a) quality of workmanship and materials, adequacy of site dimensions, adequacy of structural design, proper facing of main elevation with respect to nearby streets as specified in this Declaration; (b) conformity and harmony of the external design, color, type and appearance of exterior surfaces and landscaping as specified in this Declaration, and; (c) the other standards set forth within this Declaration or matters in which the Committee leas been vested with the authority to render a final interpretation and decision. The Committee is authorized and empowered but not obligated to consider, review and approve any and all aspects of construction and landscaping which may, in the reasonable opinion of the Committee, adversely or positively affect one or more owners or the general value of lots in the Addition and, pursuant thereto, the Committee shall require the submission of plans and specifications therefore prior to the commencement, or during the process, of such construction or landscaping. In considering the bannony of external design between existing structures and the proposed building being erected, placed or altered, the Committee shall consider the general appearance of the proposed building as that can be determined from front, rear, and side elevations on submitted plans. 2.04 Procedure for Approval. Preliminary an final construction plans and specifications, and grading plans and landscaping plans and specifications shall. be submitted in duplicate to the Committee. The plans and specifications shall shown the nature, kind, shape, height, materials and location of all landscaping and improvements. The Committee is authorized to request the submission of samples -of proposed construction materials. At such time as the plan and specifications meet the approval of the Committee, one complete set of plans and specifications will be retained by the Committee and the other complete set of plans shall be marked "Approved", signed by a member or representative of the Committee and returned to the lot owner or Iris designated representative. Page 12 DRAFT Town Council Page 223 of 321 Meeting Date: April 14, 2015 Exhibit "B" If disapproved by the Committee, one set of such plans shall be returned marked "Disapproved" and shall be accompanied by a reasonable statement of the reasons for disapproval, which statement shall be signed by a member or representative of the Committee. Any modification of the approved set of plans and specifications must again be submitted to the Committee for its approval. The Committee's approval or disapproval, as required herein, shall be in writing. In no event shall any verbal approval. of any plans be effective. If the Committee fails to approve or disapprove such plans and specifications within thirty (30) days after the date of submission, written approval of the matters submitted shall not be required and compliance with this Article shall be deemed to have been completed. In case of a dispute about whether the Committee responded within such time period, the person submitting the plans shall have the burden of establishing that the Committee actually received the plans. The Committee's receipt of the plans maybe established by a signed certified mail receipt. 2.05 Standards. The Committee may fi•om time to time publish and promulgate regarding architectural standards, which shall be fair, reasonable and uniformly applied and shall carry forward the spirit and intention of this Declaration. 2.06 Liability of Committee. Neither the Committee nor the individual members of the Committee shall have any liability for decisions made, or not made, by the Committee so long as such decisions are made in good faith and are not arbitrary or capricious. Any errors in or omissions from the plans or the site plan submitted to the Committee shall be the responsibility of the owner of the lot to which the improvements relate, and the Committee shall have no obligation to check for errors in or omissions from any such plans, or to check for such plans' compliance with general provisions of this Declaration, Town codes, State statues or the common law, whether the same relate to lot lilies, building lines, easements or any other issue. ARTICLE III GENERAL PROVISIONS 3.01 Recorded Plat. All dedications, limitations, restrictions and reservations shown on the PIat are incorporated herein and shall be constructed as being adopted in each contract, deed or conveyance executed or to be executed by Declarant, conveying lots in. the addition whether specifically referred to therein or not. 3.02 Mortgage. It is expressly provided that the breach of any of the foregoing conditions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, as to the same premises or any part thereof encumbered by such mortgage or deed of trust, but said conditions shall be binding thereto as to lots acquired by foreclosure, trustee's sale or otberwise, as to any breach occurring after such acquisition of title. Page 13 DRAFT Town Council Page 224 of 321 Meeting Date: April 14, 2015 Exhibit "B" 3.03 Term. The foregoing covenants and restrictions shall run with and bind the land and shall remain in full force and effect for a term of thirty-five (35) years after this Declaration id recorded. They shall be automatically extended for successive periods of ten (10) years unless amended as provided herein or as allowed by applicable 'law. 3.04 Severability. If any condition, covenant or restriction herein contained shall be invalid, which invalidity shall not be presumed -until the same is determined by the judgment or order of a court of competent jurisdiction, such invalidity shall in no way affect any other condition, covenant or restriction, each of which shall remain in full force and effect. 3.05 Binding Effect. Each of the conditions, covenants, restrictions and agreements herein contained is made for the mutual benefit of; and is binding upon, each and every person acquiring any part of the Addition, it being of the owner of any land except land in the Addition and the same shall inure to the benefit of owners of land in the Addition and Declarant, its successors and assigns. This instrtunent, when executed, shall be filed of record in the deed records of the County so that each and every owner or purchaser or any portion of the Addition is on notice of the conditions, covenants, restrictions and agreements herein contained. 3.06 Enforcement. Declarant and/or the owner of any lot in the Addition shall have the easement and right to have each and all of the foregoing restrictions, conditions, and covenants herein faithfully carried out and performed with reference to each and every lot in the Addition, together with the right to bring any suit or undertake any legal process that may be proper to enforce the performance thereof it being the intention hereby to attach to each lot in the Addition, without reference to when it was sold, the right and easement to have such restrictions, conditions and covenants strictly complied with, such right to exist with the owner of each lot and to apply to all other lots in the Addition whether owned by the undersigned, its successors and assigns, or others. Failure by any owner, including Declarant, to enforce any covenant or restriction hereinn contained shall in no event be deemed a waiver of the right to do so thereafter. 3.07 Definition of "Owner". As used herein, the term "owner" shall refer to the record owner, whether one or more persons or entities (including contract sellers), of the fee simple title to a lot, but not including those having an interest merely as security for the performance of an obligation. Page 14 DRAFT Town Council Page 225 of 321 Meeting Date: April 14, 2015 Exhibit "B" 3.08 Addresses. Any notices or correspondence to an owner of a lot shall be addressed to the street address of the lot. Any notices or correspondence to the committee shall be addressed to the address shown opposite the signature of Declarant below or to such other address as is specified by the Committee pursuant to an instrument recorded in the deed records of the County. EXECUTED this day of ,199_ By: By: Page 15 DRAFT' Town Council Page 226 of 321 Meeting Date: April 14, 2015 Exhibit "B" EXMIT 1F APPROVED PLANT LIST Large Shade Trees Minimum Size Pecan 3 1/2 " - 4 " Honey Locust 3 1/2 " - 4 " Sweetg'un 3 1/2 to - 4 " Southern Red Oak 4 " - 4 1/2 " Bur Oak 3 1/2 " - 4 " Water Oak 3 1/211- 411 Shumard Oak 4 " - 4 1/2 " Live Oak 4 " - 4 1/2 of Bald Cypress 3 1/2 "- 4 " Cedar Elm 4 " - 4 1/211 Loblolly Pine 3 1/2 " - 4 " Elderica Pine 3 1/2 " - 4 " Japanese Black Pine 3 1/211- 411 Small Accent Trees Minimum Size White Redbud Oklahoma Deciduous Yaupon Yaup on Holly Crapemyrtle Flowering Crabapple Bradford Pear Texas Mountain Laurel Note: Caliper measurements shall be measured 12" above the top of the ball of the plant. DRAFT 7' Height T Height T Height 7' Height 7' Height T Height T Height 7' Height Town Council Page 227 of 321 Meeting Date: April 14, 2015 Exhibit "B" APPROVE D PLANT LIST (continued) Shrubs Minimum Size Azalea Species 3 Gallon Kuruine Hybrid I Gallon Glendale Hydrid I Gallon Mentor Barberry 3 Gallon Japanese Cleyera 3 Gallon Cotoneaster parneyi 3 Gallon Thorny Elaeagnus 3 Gallon Buford Holly 2 Gallon Dwarf Burford Holly 2 Gallon Dwarf Chinese Holly 2 Gallon Dwarf Yaupon Holly 2 Gallon Leatherleaf Mahonia 3 Gallon Nandina 3 Gallon Dwarf Nanduia 'Purpure 2 Gallon Indian Hawthorn 3 Gallon Standard: 'Jack Evans' or'Sprirngthric' Dwarf 'Enchantrees' or Ballerina' DRAFT Groundcover Minimum Size English Ivy 4" Pot Blue Pacific Juniper I Gallon Bar Harbor Jumper I Gallon Wilton Juniper I Gallon Big Blue Liriope 4" Pot Purple Japanese Honeysuckle 4" Pot Mondo Grass 4" Pot Asian Jasmine 4" Pot Vines Minimum Size Carolina Jessamine 2 Gallon Coral Honeysuckle 2 Gallon Virginia Creeper 1 Gallon Boston Ivy I Gallon Lady Banks Rose 2 Gallon Chinese Wisteria 5 Gallon Town Council Page 228 of 321 Meeting Date: April 14, 2015 Ma A—I LLJ n < C) CO r) z CL z 0 11 Lul M- Is (D L- 0 U) C: Q) C) _0 U) 0 0 QL 0 O a OW W, 0 0 Exhibit "B" LLI ry 0 F -- U) W Z W 2 W: Z'. 0 C-) 0! Wj Z. Z. W LLI L) Z 0 U. u- 0 ro: �F— X Town Council Page 231 of 321 Meeting Date: April 14, 2015 Exhibit "B" Ex]IWIT 1, APPROVED PLANT LIST Large Shade Trees Minimum Size Pecan 3 1/2 " - 4 " Honey Locust 3 1/2 " - 4 " Sweetguni 3 1/211- 4 " Southern Red Oak 4 " - 4 1/2 " Bur Oak 3 1/2 " - 4 " Water Oak 3 1/211- 41' Shurnard Oak 4 " - 4 1/2 " Live Oak 4 " - 4 1/2 " Bald Cypress 3 1/211- 4 " Cedar Elm 4 " - 4 1/2 " Loblolly Pine 3 1./2 " - 4 " Elderica Pine 3 1/2 " - 4 " Japanese Black Pine 3 1/211- 411 Small Accent Trees Minimum Size White Redbud T Height Oklahoma T Height Deciduous Yaupon 7' Height Yaupon Holly T Height Crapemyrtle T Height Flowering Crabapple T Height Bradford .Pear 7' Height Texas Mountain. Laurel T Height Note: Caliper measurements shall be measured 12" above the top of the ball of the plant. DRAFT Town Council Page 232 of 321 Meeting Date: April 14, 2015 Exhibit "B" APPROVED PLANT LIST (continued) Shrubs Minimum Size Azalea Species 3 Gallon Kurume Hybrid I Gallon Glendale Hydrid 1. Gallon Mentor Barberry 3 Gallon Japanese Cleyera 3 Gallon Cotoneaster parneyi 3 Gallon Thorny Elaeagaus 3 Gallon Burford Holly 2 Gallon DwaiTBurford Holly 2 Gallon Dwarf Chinese Holly 2 Gallon DwarfYaupon Holly 2 Gallon Leatherleaf Mahonia 3 Gallon Nandina 3 Gallon Dwarf Nandina 'Purpure 2 Gallon Indian Hawthorn 3 Gallon Standard: 'Jack Evans' or'Splingtnne' Dwarf 'Enchantrees' or'Ballerina' Groundcover Minimum Size English Ivy 4" Pot Blue Pacific Jumper I Gallon Bar Harbor Juniper 1. Gallon Wilton Juniper I Gallon Big Blue Liriope 4" Pot Purple Japanese Honeysuckle 4" Pot Mondo Grass 4" Pot Asian Jasmine 4" Pot Vines Minimum Size Carolina Jessamine 2 Gallon Coral Honeysuckle 2 Gallon Virginia Creeper I Gallon. Boston Ivy I Gallon Lady Banks Rose 2 Gallon Chinese Wisteria 5 Gallon. Town Council Page 233 of 321 Meeting Date: April 14, 2015 Exhibit "B" EXHIBIT "O" - POTENTIAL ALTERNATE SITE PLAN 7" --TRACT 4B OFFICES PROFESSIONAL OFFICES TRACT" 4A OFFICES PROFESSIONAL OFFICE,' BANKS � TRACT 3 OFFICES PROFESSIONAL OFFICES BANKS RESTAURANTS TROPHY CLUB DRIVE Town Council Page 234 of 321 Meeting Date: April 14, 2015 M a❑ amo AHdOai M.o1� 3oN3d 313ao0 M m w zw <U R¢J¢ LL'a W IL fIUfI�� m 5m N33HOS 01• W 2 o Z } Z) F -- LU _z J F— U) — Vr2rn rrV J z 1J ALL V ry�ry// W.. 5_Z L wJ 1- AM ON e.' 2 W W, �U C 0 U 0 0 H Exhibit "B" z 0 LL ,w U) w J W 0 z 0 U Town Council Page 236 of 321 Meeting Date: April 14, 2015 Exhibit "B" w w w -- I o cn F- n W U O Town Council Page 237 of 321 Meeting Date: April 14, 2015 z s o w w w -- I o cn F- n W U O Town Council Page 237 of 321 Meeting Date: April 14, 2015 Exhibit "B" M MAIN STREET -A MS805-A A modern replica of a very popular fixture found on the Main streets of many towns across America, Our updated version is made of vandal resistant cast aluminum and acrylic lenses in your choice of texture. With refractors, reflectors and HID l:urnping, you'll have the very best of yesterday and today. The MS805-A scales 16"(17.4' an diagoml]WS", AIso available as MS805- B (not shown). The same fixture without the decorative "spikes" scales 15W'(17" on diagonal)08". MV 100, 175 or 250 watts NPS 70,100,150 or 250 waits MM 100, 175 or 250 walls OLD TOWN A850 -SR A850 -SR Shown with our dislinclive, optional, solid roof for added elegance atld reduced side glare and up -light. Specify ASS0 for gluhe without solid roof. Scales a very impressive 16W'00" in tough aluminum and glasslike polycarhenale (Lexan). Shown here in u Black finish, his fixture is normally welded to die lop of our pules for maximum safely, however, it can be supplied as a slip -fit unit for cuneme, wood poles, cle. See pages 45 and 51 for installation photos. WHY YOU SHOULD SPECIFY STERNBERG ALUMINUM LIGHT POLES AND FIXTUUS Aluminum naturally resists corrosion by forming aluminum oxide on any exposed surface. Aluminum oxide is so tough that it is used in the manufacture of abrasives under the name earboruodmn. Once aluminum oxide farms a coating, it is hard and impermeable, When cast iron rusts if deteriorates. Rust is water soluble, aluminum oxide is not. Cast iron requires a crane for installation. Slernbcrg aluminum posts come pre -painted, wrapped in paper shock pads, fully cartuned and can be handled without cranes in the storage yard, on the loading dock and on the job site. Cast iron must have the factory primer touched up after installation and then it must receive two coals of paint In addition, it must he repainted every 2 or 3 years. Aluminum has a factory applied finish Ihat typically lasts 5 to 10 years or snore. Sternberg heavy-duty posts are used extensively for bridges because they can withstand the high wind conditions, sally air, Town Council 175 or 250 watts 70,100 or 150 watts 100, 175 or 250 watts RIPON•A 1130-A Our Verde Creen finish is used un a rugged limure wilh classic design, lough polycarlxrllatc "gluhe", vandal resistan[ cast alutnintun cunslrucliun, reduced glare oplics and integral halLwl. The A uwdel scales an couple 18"05" while the RIPON -1S A 130-11 .Isuwu un page 36) has a raised roof secliun and scales !f±"00". Eillier of the fixtures are available for use on concrete or wood pules. See page 13 for installation photos. 100, 175 or 250 walls 70,100 or 150 wan s 70, 100 or 175 watts excessive moisture, extreme high/low temperature factors, car exhaust fumes and vibrations. Cast iron posts can rust from the inside out. No matter haw many coats of paint the outside has, moisture can get into the inside of the post and rust. Cast iron is a brittle material and poles made of this material must be quite thick. When hit by a truck a cast iron pole can break into heavy pieces [hat require a crane to remove. Most fixtures, even [hose on cast iron posts, are aluminum. Slernlxrg fixtures are manufactured of the finest quality alloys % carefully chosen to withstand the punishment of weather and air pollution. Our lenses are molded acrylic or polycarbonate for increased vandal resistance. Sternberg has almost 70 years experience making decorative light poles and fixtures. You can trust our quality. *L.exao is a registered trademark of the General Electric Company. Page 238 of 321 Meeting Date: April 14, 2015 i f!9 P Exhibit "B" AMENDMENTS TO ORDINANCE 95-20 PLANNED DEVELOPMENT 13 -- THE VILLAGE Ordinance # Date Description 96-05 03/07/96 Lot 4/Bank 96-07A 06/18/96 Lot 5/Carpenter Bldg. 96-11 08/01/96 Lot 2/Service Station 97-11 04/15/97 Lot 1/Retail Commercial 97-16 08/05/97 "The Village" Dumpsters 97-23 10/21/97 Lot 2/Drive-thru Eatery Town Council Page 240 of 321 Meeting Date: April 14, 2015 Exhibit "B" AMENDMENTS TO ORDINANCE 95-20 PLANNED DEVELOPMENT 13 - THE VILLAGE Ordinance # Date Description 96-05 03/07/96 Lot 4/Bank 96-07A 06/18/96 Lot 5/Carpenter Bldg. 96-11 08/01/96 Lot 2/Service Station 97-11 04/15/97 Lot 1/ Town Council Page 241 of 321 Meeting Date: April 14, 2015 Exhibit "B" ORDINANCE NO. 95-20 Including Amendments: 2010-28 P&Z Council Approval 10/4/10, Outdoor Display of Propane and Ice; 24 Hour Store Operation 2006-15 P&Z Council Approval 6/5/06, Tract 413 Signs 2002-23 P&Z Council Approval 6/3/02, Tract 4 Signs 2001-09 P&Z Council Approval 5/7/01, Tract 1 Signs 97-23 P&Z Council Approval 10/21/97, Adding Permitted Use of Restaurant with Drive -Through Service and Adding Certain Sign Standards to Tract 2 97-16 P&Z Council Approval 8/8/97, Outdoor Storage FOR A TRACT OF LAND KNOWN AS PDA3 VILLAGE (Shopping Center) TROPHY CLUB, DENTON COUNTY, TEXAS Town Council Page 242 of 321 Meeting Date: April 14, 2015 Exhibit "B" TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 95-20 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 94-09 OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 9.947 ACRE TRACT OF LAND LYING AT THE NORTHWEST CORNER OF THE INTERSECTION OF TROPHY CLUB DRIVE AND STATE HIGHWAY 114 AND AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS CURRENT ZONING OF CG -COMMERCIAL GENERAL TO PD PLANNED DEVELOPMENT #13 FOR RETAIL (INCLUDING A GASOLINE SERVICE STATION) AND COMMERCIAL OFFICE USES; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT #13 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the tract of land (the "Land"), described as a 9.947 acre tract of land located generally at the northwest corner of the intersection of Trophy Club Drive and State Highway 114 within the Town of Trophy Club, Texas (the "Town") as more particularly described in Exhibit "A" attached hereto and incorporated herein, filed an application with the Town Planning and Zoning Commission requesting a change in zoning of the Land and an amendment to the official Zoning District Map of the Town in accordance with the Ordinance No. 94-09 of the Town (the "Comprehensive Zoning Ordinance"); and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Lane came on before the Planning and Zoning Commission and Town Council, Town Council Page 243 of 321 Meeting Date: April 14, 2015 Exhibit "B" WHEREAS, the Town Council, at a public hearing held jointly with the Planning and Zoning Commission, had an opportunity to consider the following factors in making a determination as to whether the requested changes should be granted or denied: effect on the congestion in the streets, safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the Land, noise producing elements and glare of vehicular and stationary lights and effect of such lights on the established character of the neighborhood, and the fire hazards and other dangers possibly present and the securing of safety from the same, lighting and type of signs and the relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated for proposed uses around the Land and in the immediate neighborhoods, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the Town Council further considered among other things the character of the districts and their peculiar suitability for particular uses, with a view of conserving the value of buildings and 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 finds that the zoning granted herein utilizes innovative land development concepts and is consistent with the Town's Comprehensive Land Use Plan; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the said 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 the Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, the Town Council has determined that there is a necessity and need for the change in zoning and that there has been a change in the conditions of the Land surrounding and in close proximity to the Land since the Land was originally classified and therefore the change in zoning herein made is needed; and WHEREAS, 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 in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. 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. Rezoning. Ordinance No. 94-09 of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following Town Council Page 244 of 321 Meeting Date: April 14, 2015 Exhibit "B" particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. The zoning on the Land, being a 9.947 acre tract of land described in Exhibit "A" attached hereto and incorporated herein, heretofore zoned CG -Commercial General District is hereby changed to PD Planed Development District for retail (commercial and gasoline service station uses) and commercial office uses, in accordance with the requirements of this Ordinance (including Exhibits `B" (PD Site Plan), "C" (Development Standards), "E" (Conceptual Landscape Plan and other conceptual drawings, "I"' (Approved Plant List ), "H" (Preliminary Grading/Sight Line Study), "I" (Conceptual East and South Elevations), "J" (showing Ripon -A light fixtures), and "K" (Austin stone masonry wall design), each of which Exhibits is incorporated herein for all purposes), all applicable parts of the Comprehensive Zoning Ordinance, and all other applicable ordinances, rules and regulations of the Town. Section 3. Site plan. A planned development site plan for the Land or any part thereof which shall be in substantial conformity with Exhibits described in Section 2.A. above shall be submitted by the Owner of the Land as required by and in accordance with the Comprehensive Zoning Ordinance and shall be filed as a part of this Ordinance and shall be made a part hereof prior to the issuance of any building permit for the Land in this Planned Development District. By way of example only, Exhibit "G" (Potential Alternate Site Plan) represents a potential final site configuration and building design which maintains the design elements reflected in the PD Site Plan attached as Exhibit `B." Section 4. Zoning Map. The Planning and Zoning Administrator is hereby directed to mark and indicated on the official Zoning District Map of the Town to reflect the zoning change herein made. Section 5. Development conditions. In carrying out the development of the Land in accordance with this Ordinance, the Development Standards set forth in Exhibit "C" shall be conditions precedent to the granting of any certificate of occupancy. Section 6. Restrictive covenants. In connection with the development of the Land, the Owner of the Land has voluntarily agreed to place against the Land certain restrictive covenants running with the Land (which covenants are attached hereto as Exhibit "D") in a form to be approved by the Town and to which the Town may be made a party for certain purposes. Section 7. 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 8. Purpose. The amendment to zoning herein made has been made in accordance with the Comprehensive Plan of the Town for the purpose of promoting the health, safety and welfare of the community, and with consideration of the reasonable suitability for the particular use and with a view of conserving the value of the buildings and encouraging the most appropriate use of land within the community. Town Council Page 245 of 321 Meeting Date: April 14, 2015 Exhibit "B" Section 9. Savings. This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Section 10. 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 during or on which a violation occurs or continues. Section 11. Severability. The sections, paragraphs, sentences, phrases, clauses, and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 12. Effective date. This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 21st day of November, 1995. Mayor, Town of Trophy Club, Texas ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney, Town of Trophy Club, Texas Town Council Page 246 of 321 Meeting Date: April 14, 2015 Exhibit "B" EXHIBIT "A" LEGAL DESCRIPTION See original ordinance for copy of Exhibit A Town Council Page 247 of 321 Meeting Date: April 14, 2015 Exhibit "B" EXHIBIT `B" PD SITE PLAN See original ordinance for copy of Exhibit B Town Council Page 248 of 321 Meeting Date: April 14, 2015 Exhibit "B" EXHIBIT "C" DEVELOPMENT STANDARDS THE VILLAGE AT TROPHY CLUB, TEXAS The development of the Land described in Exhibit "A" consisting of approximately 9.947 acres of land shall be in accordance with the PD Site Plan of the development (attached hereto as Exhibit "B"), all other Exhibits attached to or to be made apart of this Ordinance, the Comprehensive Zoning Ordinance (Ordinance No. 94-09), all other applicable ordinances and regulations of the Town of Trophy Club, and the following Development Standards, conditions and requirements: A. Purposes, development standards, uses within individual tracts: This Planned Development is designed to accommodate a variety of retail commercial and commercial office uses. For development purposes, the Land is divided into four tracts (Tracts 1, 2, 3, and 4 as shown on Exhibit "B" attached hereto (PD Site Plan)), and the use and development of each of the tracts shall be in accordance with the following: 1. Tract 1(Retail uses, as depicted in Exhibit "B"): The following standards shall apply to Tract 1: (a) Size of tract: Tract I shall contain approximately 3.8 acres of land. (b) Uses generally: In the development and use of Tract 1, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: (1) Permitted uses: (A) Book Stores (N) Specialty household furnishings (B) Stationary, card and party and fixtures. Stores (0) Boutiques (C) Specialty gift stores (P) Antique Shops (D) Computer and electronic sales (Q) Neighborhood hardware stores and service stores (R) Small household appliance stores (E) Specialty neighborhood (S) Bicycle shops (non -motorized) (F) Barber, nail and beauty shops (T) Wearing apparel and shoe shops (G) Art gallery (U) Art supply store (H) Confectionery shops (V) Electric goods and fixtures (I) Ice cream shops (W) Sporting goods stores (J) Drug stores, apothecary and (X) Fabric and knitting shops pharmacy (Y) Music/video store (no video arcade (K) Jewelry and watch store machines allowed, no adult video (L) Florist sales or rentals allowed) (M) Arts, crafts and hobby stores (Z) All permitted uses in Tracts 3 and 4 Town Council Page 249 of 321 Meeting Date: April 14, 2015 Exhibit "B" (2) Accessory uses. Accessory uses shall be permitted in accordance with the regulations set forth in Section 35 of the Comprehensive Zoning Ordinance. Outdoor pay phones shall not be permitted. (3) Conditional uses. Conditional uses may be permitted in accordance with the regulations provided in Section 42 of the Comprehensive Zoning Ordinance. (4) Limitation of uses. Any use not expressly permitted herein or allowed by permit is prohibited. (c) Area and building regulations: (i) Maximum building coverage: The combined area of all main and accessory buildings shall not exceed 25% of the total area of Tract 1. (ii) Maximum floor area, number of buildings: The maximum combined square footage of all main and accessory buildings shall be 40,000 square feet. No more than two (2) buildings shall be constructed or located in Tract 1. No building shall contain more than 20,000 square feet. (iii) Maximum impervious area: The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total area of Tract 1. (iv) Minimum open space: All areas (but in any event at least 20% of the total area of Tract 1) not devoted to buildings, walkways, structures or off- street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (v) Depth of front yard, feet*: There shall be a front yard having a depth of not less than thirty (30) feet. (vi) Depth of rear yard, feet*: There shall be a rear yard having a depth of not less than forty (40) feet. (vii) Width of side yard on each side, feet*: A minimum of a fifteen (150 foot side yard shall be required on each side of Tract 1. (viii) Height: No building or structure shall exceed thirty-five (35) feet in height (1 story maximum). *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. (d) Parking, loading regulations: The minimum number of off-street parking spaces shall be one (1) space for each 200 square feet of building area. In all other Town Council Page 250 of 321 Meeting Date: April 14, 2015 Exhibit "B" respects, off street parking shall comply with Section 47 of the Comprehensive Zoning Ordinance. Off-street loading shall be in accordance with Section 48, "Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance. Landscaped island shall be provided for every twelve (12) parking spaces. Handicapped parking, including van accessible spaces, shall be provided according to Town standards. (5) Tract 1 Signs: The following sign regulations apply to signs within Tract 1 only and are cumulative of all other general sign regulations herein. In the event of a conflict between these regulations and any other regulations contained in this ordinance, the following regulations shall control signage located within Tract 1. (a) Monument Signs. Two monument type signs may be located within the landscaped area as shown on Exhibit "C.1 ". Each sign shall not exceed a maximum of ten (10) feet in height and eight (8) feet in length, as shown on Exhibit "C.2". The signs shall be mounted on a stone base with a maximum height of one (1) foot, six (6) inches above finished grade of the adjacent concrete curb within the parking lot. The signs shall not exceed a maximum of eighty (80) square feet in total area, excluding the height of the stone base. (b) Banners and Temporary Signs. No banner or temporary sign shall be allowed on the exterior of any building, except as specifically provided herein. Banners for grand openings may be displayed no more than fifteen (15) days prior to and thirty (30) days following the date of a grand opening. In no instance shall the period of display exceed a total of forty-six (46) days, including the date of the grand opening. The tenant conducting the grand opening, or that person's designee, shall obtain a permit from the Town designating the date and the duration of the grand opening event. Banners for temporary events shall be permitted a maximum of two (2) times annually for each tenant, and may be displayed for a period not to exceed fifteen (15) days for each event. The tenant conducting the event or that person's designee shall obtain a permit from the Town designating the date(s) and duration of the event. (c) Signs Displayed in Windows: Signs exceeding two (2) square feet in total area shall require a sign permit from the Town. Signs less than or equal to two (2) square feet shall be allowed without a permit. (d) Wall Signs: The size of a wall sign shall not exceed seventy-five (75%) percent of the width or the height of the available wall area or store frontage for a tenant's space. Such signs shall be centered both vertically and horizontally on the store frontage for a tenant's space. The maximum copy height shall not exceed two (2) feet, six (6) inches. The minimum copy height shall be one (1) foot, two (2) inches. The mounted copy depth shall be five (5) inches. Wall signs shall not project more than twelve inches from the wall surface, as shown on Exhibit "C.3". (e) Internal Lighting: Internally lit, individual aluminum channel letters with a 1/8" Plexiglas front shall be permitted on the building face. The raceway shall be painted to match the surface upon which it is mounted. Town Council Page 251 of 321 Meeting Date: April 14, 2015 Exhibit "B" (f) Raceway Requirements: The raceway shall allow appropriate internal reinforcing and adequate service access for all hardware. No wiring, angle iron or other supports shall be exposed. The raceway shall contain all transformers and wiring for the letters. (g) Internal Illuminated Signs: Illuminated signs which are visible through the window of a tenant's space shall be set back a minimum of one (1) foot from the face of the window. This distance shall be measured from the front surface of the sign to the face of the window. If the front surface contains letters or other symbols that project outward, then the distance shall be measured from that point. (h) Temporary Leasing Sign: One leasing sign with maximum dimensions of eight (8) feet in height and four (4) feet in width, not exceeding a maximum area of thirty-two (32) square feet shall be permitted. The leasing sign shall be constructed of wood or aluminum and may not exceed ten (10) feet in height overall. (i) Tenants or owners may request a waiver or exception to these provisions as allowed by the ordinances of the Town. (Ordinance No. 2001-09 P&Z, Approved 5/7/01) 2. Tract 2 (Retail/commercial use with gasoline island): The following standards shall apply to Tract 2: (a) Size of tract: Tract 2 shall contain approximately 1.8 acres of land. (b) Permitted uses: In the development of tract 2, no land shall be used and no building shall be installed, erected or converted to any use other than the following: (1) Convenience store with gasoline sales (no truck diesel, no cigarette wrapping papers, nor any adult magazine or video sales allowed; no video arcade machines allowed); Hours of Operation: The hours of operation of the convenience store with gasoline sales may be open to the public and operated for its intended purposes as allowed by law on a 24-hour, seven day per week basis. Outdoor Display: The convenience store with gasoline sales may display propane and ice on the east (only) sidewalk, for sale inside the store. The size of the propane cabinet shall not exceed: 6'-8" wide; 2'-3" deep; 6'-0" height; and the size of the ice cabinet shall not exceed: 8'-0" wide; 3'-0" deep; 5'-5" height. (Ordinance No. 2010-28 P&Z, approved 10/4/2010) (2) All uses permitted in Tracts 1, 3 and 4 (3) Restaurant with drive-through service (Ord. No. 97-23 P&Z, approved 10/21/97) Town Council Page 252 of 321 Meeting Date: April 14, 2015 Exhibit "B" (c) Area and building regulations: (i) Maximum building coverage: The combined area of all main and accessory buildings shall not exceed 15% of the total area of Tract 2. (ii) Maximum floor area, number of buildings: The maximum square footage of all main and accessory buildings shall be 8,500 square feet. No more than one (1) building shall be constructed or located in Tract 2. (iii) Maximum impervious area: The combined area occupied by all buildings, structures, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total area of Tract 2. (iv) Minimum open space: All areas (but in any event at least 20% of the total area of Tract 1) not devoted to buildings, walkways, structures or off- street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (v) Depth of front yard, feet*: There shall be a front yard having a depty of not less than thirty (30) feet. (vi) Depth of rear yard, feet*: There shall be a rear yard having a depth of not less than forty (40) feet. (vii) Width of side yard on each side, feet: A minimum of fifteen (15) foot side yard shall be required on each side of Tract 1. (viii) Hem: No building or structure shall exceed thirty-five (35) feet in height (1 story maximum). *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. (d) Parking, loading regulations: The minimum number of off-street parking spaces shall be one (1) space for each 200 square feet of building area. In all other respects, off-street parking shall comply with Section 47 of the Comprehensive Zoning Ordinance. Off-street loading shall be in accordance with Section 48, "Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance. Landscaped islands shall be provided for every twelve (12) parking spaces. Handicapped parking, including van accessible spaces, shall be provided according to Town standards. (e) Restaurant with Drive -Through Service: In addition to the standards set forth herein, a restaurant with drive-through service shall comply with and be subject to the following standards: Town Council Page 253 of 321 Meeting Date: April 14, 2015 Exhibit "B" (i) Location: The restaurant shall be located solely in that area shown as "lease space" adjacent to "Tetco Store" as depicted on the Dimensional Site Plan attached hereto as Exhibit L and incorporated herein. The restaurant use of Tract 2 (and being Lot 2 of the Village at Trophy Club) shall be in accordance with Exhibit L. (ii) Ste: Notwithstanding other ordinances or regulations of the Town relating to signs, the following signs exterior to the building in which the restaurant is located shall be permitted (maximum size of signs is indicated in attached exhibits): (aa) One canopy sign as depicted in Exhibit M attached hereto and incorporated herein; (bb) One building sign as depicted in Exhibit M to be attached to the exterior of the building; (cc) One directional sign as depicted in Exhibit M to be located as shown on Exhibit L; (dd) One menu board sign as depicted on Exhibit N attached hereto and incorporated herein; to be located as shown on Exhibit L; and (ee) One monument sign to be located as shown on Exhibit L (a single monument sign is allowed for all uses (restaurant and all other uses) on Tract 2 as shown on Exhibit L). No other signs exterior to the building regarding the restaurant shall be permitted on Tract 2 or at any other location on the Land. (Ordinance No. 97-23 P&Z, Approved 10/21/97) 3. Tract 3 (Transition from office and commercial to retail): The following standards shall apply to Tract 3: (a) Size of tract: Tract 3 shall contain approximately 1.5 acres of land. (b) Permitted uses: In the development of Tract 3, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: (1) Restaurants with no drive-through or drive-in (2) Restaurants with alcoholic beverage sales (subject to required Town approvals) (3) Office supply (c) Area and building regulations: (4) Photographic service and studio (5) Specialty gourmet food stores (6) Bakery shop (7) Dry Cleaners (pick-up and delivery only) (8) All uses permitted in Tract 4 Town Council Page 254 of 321 Meeting Date: April 14, 2015 Exhibit "B" (i) Maximum building coverage: The combined area of all main and accessory buildings shall not exceed 15% of the total area of Tract 3. (ii) Maximum floor area, number of buildings: The maximum square footage of all main and accessory buildings shall be 8,500 square feet. No more than (1) building shall be constructed or located in Tract 3. (iii) Maximum impervious area: The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total area of Tract 3. (iv) Minimum open space: All areas (but in any event at least 20% of the total area of Tract 1) not devoted to buildings, walkways, structures or off- street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (v) Depth of front yard, feet*: There shall be a front yard having a depth of not less than thirty (30) feet. (vi) Depth of rear yard, feet*: There shall be a rear yard having a depth of not less than forty (40) feet. (vii) Width of side yard on each side, feet*: A minimum of fifteen (15) foot side yard shall be required on each side of Tract 3. (viii) Hem: No building or structure shall exceed thirty-five (35) feet in height (1 story maximum). *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. (d) Parking, loading regulations: The minimum number of off-street parking spaces shall be one (1) space for each 300 square feet of building area. In all other respects, off-street parking shall comply with Section 47 of the Comprehensive Zoning Ordinance. Off-street loading shall be in accordance with Section 48, "Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance. Landscape islands shall be provided for every twelve (12) parking spaces. Handicapped parking, including van accessible spaces, shall be provided according to Town standards. 4. Tract 4 (Tracts 4A, 4B if Exhibit G is used) (Office/commercial uses): The following standards shall apply to Tract 4: (a) Size of tract: Tract 4 shall contain approximately 2.8 acres of land. Town Council Page 255 of 321 Meeting Date: April 14, 2015 Exhibit "B" (b) Permitted uses: In the development of Tract 4, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: (1) Administrative, executive editorial office (2) Accounting office (3) Architectural, engineering planing office (4) Attorney's office (5) Physician or dentist (6) Municipal administration and (7) Insurance office (8) Personal or family counselor (9) Public secretary (10) Bank, savings and loan (11) Mortgage company (12) Interior design and supply services (c) Area and building regulations: (13) Specialty neighborhood services (14) Title Company (15) Health and athletic services (16) weight reduction services (17) Medical, dental, chiropractic, optometry, etc. (18) Real estate office (19) Art studio (20) Dance studio (21) Duplication and mailing service (22) Printing, publishing and engraving (23) Educational services (24) Private health clubs (i) Maximum building coverage: The combined area of all main and accessory buildings shall not exceed 35% of the total area of Tract 4. (ii) Maximum floor area, number of buildings: The maximum combined square footage of all main and accessory buildings shall be 44,000 square feet. No more than two (2) buildings shall be constructed or located in Tract 4. (iii) Maximum impervious area: The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total area of Tract 4. (iv) Minimum open space: All areas (but in any even at least 20% of the total area of Tract 1) not devoted to buildings, walkways, structures or off- street parking area shall be devoted to grass, trees, gardens shrubs, or other suitable landscape material. (v) Depth of front yard, feet*: There shall be front yard having a depth of not less than thirty (30) feet. (vi) Depth of rear yard, feet*: There shall be a rear yard having a depth of not less than forty (40) feet. Town Council Page 256 of 321 Meeting Date: April 14, 2015 Exhibit "B" (vii) Width of side yard on each side, feet: A minimum of a fifteen (15) foot side yard shall be required on each side of Tract 4. (viii) Height: No building or structure shall exceed thirty-five (35) feet in height (1 story maximum). *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. (d) Parking, loading regulations: The minimum number of off-street parking spaces shall be one (1) space for each 300 square feet of building area. In all other respects, off-street parking shall comply with Section 47 of the Comprehensive Zoning Ordinance. Off-street loading shall be in accordance with Section 48, "Off -Street Loading Requirements," of the Comprehensive Zoning Ordinance. Landscaped islands shall be provided for every twelve (12) parking spaces. Handicapped parking, including van accessible spaces, shall be provided according to Town standards. (e) Tract 4 Signs: The following sign regulations apply to signs within Tract 4 only and are cumulative of all other general sign regulations herein. In the event of a conflict between these regulations and any other regulations contained in this ordinance, the following regulations shall control signage located within Tract 4. (1) Monument Sign: One (1) monument sign, double sided, shall be located within the landscaped area as shown on Exhibit C.4. The sign shall not exceed a maximum of five feet (5'), six inches (6") in height measured from the bottom of the footing and eleven feet (11'), five inches (5") in length, as shown on Exhibit C.S. The sign copy shall not exceed a maximum three feet (3'), three inches (3") in height and six feet (6'), six inches (6") in length, and no more than twenty-two square feet (22') in total area. The monument sign copy shall be internally illuminated with an aluminum face routed copy, backed with Plexiglas, per logo colors. Additional copy to be 1st surface vinyl. (2) Banners and Temporary Signs: No banner or temporary signs shall be allowed on the exterior of the building, except as specifically provided herein. Banners for grand openings may be displayed no more than fifteen (15) days prior to and thirty (30) days following the date of the grand opening event. In no instance shall the period of display exceed a total of forty-six days, including the date of the grand opening. The tenant or property owner conducting the grand opening shall obtain a permit from the Town designating the date and the duration of the grand opening event. Banners for temporary events shall be permitted a maximum of two times annually for the tenant or property owner, and may be displayed for a period not to exceed fifteen (15) business days for each event. The tenant Town Council Page 257 of 321 Meeting Date: April 14, 2015 Exhibit "B" or property owner conducting the event shall obtain a permit from the Town designating the date(s) and duration of the event. (3) Wall Signs: A wall sign shall be located on the south elevation of the building. The letters shall not exceed a maximum height of twenty-two inches (22"). Any logo associated with the sign shall not exceed a maximum height of twenty-eight inches (28"). Such sign shall be horizontally centered on the building elevation. Wall signs shall not exceed more than twelve inches (12") from the wall surface, as shown on Exhibit C.6. (4) Internal Lighting: Internally lit, individual aluminum channel letters with a 1/8" Plexiglas front shall be permitted on the building face. The raceway shall be painted to match the surface upon which it is mounted. (5) Raceway Requirements: The sign is to be attached to an eight inch (8") by eight -inch (8") aluminum raceway, fabricated from .063 aluminum. The raceway shall enclose all electrical components such as wiring, transformers, etc., with no secondary wiring to be visible on/from the front face of the sign. (6) Installation: A licensed electrician shall perform all electrical hook-up. All signage shall be mounted on a raceway. All penetration through the masonry shall be through the mortar joints. No secondary wiring running between letters shall occur on the front face of the raceway. The tenant shall provide the J box, rigid conduit to the panel and wiring. (7) Additional Requirements: The following additional standards shall apply to all signage, as applicable: (i) conformance with the 1997 National Electrical Code, as amended; (ii) conformance with UL Standards; and (iii) conformance with Town permitting requirements. (8) Waiver or Exception: Tenants or owners may request a waiver or exception to these provisions as allowed by the ordinances of the Town. (Ordinance No. 2002-23 P&Z, Approved 6/12/02) (f) Tract 4B Sims: The following sign regulations apply to signs within Tract 4B only and are cumulative of all other general sign regulations herein. In the event of a conflict between these regulations and any other regulations contained in this ordinance, the following regulations shall control signage located within Tract 4B. (1) Directory Sign: One (1) directory sign, double sided, shall be located within the landscaped area as designated on the previously approved site plan, and shown on Exhibit C.7. The sign shall not exceed a maximum of three feet, nine inches (3'9") in height measured from the bottom of the footing and thirteen feet, (13') in length, as shown on Exhibit C.8. The sign copy shall not exceed a maximum of three feet, two inches (3'2") in height and nine feet, six inches (9'6") in length. The monument sign face shall be made of sign grade acrylic, white in color and 3/16" thick. The can shall be steel frame with aluminum skin. Surface lettering shall be vinyl. Town Council Page 258 of 321 Meeting Date: April 14, 2015 Exhibit "B" (2) Installation: A licensed electrician shall perform all electrical hook-up. (3) Additional Requirements: The following additional standards shall apply to all signage, as applicable: (i) conformance with the 2002 National Electrical Code, as amended; (ii) conformance with UL Standards; and (iii) conformance with Town permitting requirements. (4) Waiver or Exception: Tenants or owners may request a waiver or exception to these provisions as allowed by the ordinances of the Town. (Ordinance No. 2006-15 P&Z, Approved 6/5/06) (B) Additional development standards applicable to this Planned Development District: 1. Concept plan: An overall concept plan showing all internal streets, drainage utilities, and exact divisions between land uses shall be submitted simultaneously with the submission of the first comprehensive site plan for any Tract in this Planned Development District. 2. Buffered Area: (a) All principal buildings and structures shall be set back a minimum of forty (40) feet from the common property line of any adjoining property used or zoned residential. (b) A thirty (30) foot continuous landscape buffer shall be provided along all single family residential property lines as indicated on Exhibit `B" attached hereto (PD Site Plan) and Exhibit "E" (Landscape Concept Plan). The buffer shall be graded so as to closely maintain the existing grades and shall be landscaped with evergreen trees from the mandatory plant list (attached hereto as Exhibit "I"') and incorporated herein). The thirty (30) foot continuous landscape buffer shall be irrigated. Maintenance of the landscape buffer and irrigation shall be the responsibility of the owners of the Land. Landscaping and irrigation along the entire landscape buffer shall commence in the first phase of any development of any Tract within the Land and shall be entirely completed prior to the issuance of any certificate of occupancy. (c) Prior to the issuance of any building permit for the Land, a continuous eight (8) foot "Woodcrete" fence (see Exhibit "K") shall be provided along the adjacent single family residential property lines and shall be constructed completely on the Land. Eight (8) foot Austin stone columns shall be constructed on all property corners of each adjacent single family residential lot. The height of the fence shall Town Council Page 259 of 321 Meeting Date: April 14, 2015 Exhibit "B" be measured from the existing grade. The Owner of the Land, at its sole expense, shall remove all rear wood fencing (constructed on the adjacent single-family residential fences and the "Woodcrete" screening fence. Connections shall be of like construction to existing fences. The fence contractor shall design specific per lot fence grades per the existing conditions which will not hinder or impede current utility or drainage conditions. The fence construction shall commence in the first phase of any development or any Tract within the Land and shall be entirely completed prior to the issuance of any certificate of occupancy. 3. Landscapes. Landscaping shall be in accordance with Section 46 "Landscaping Regulations," of the Comprehensive Zoning Ordinance and with the following: (a) Berming shall be utilized along street frontages, when possible, to screen parking from public view. (b) All landscaped areas shall be irrigated. (c) Landscaping shall be maintained by the Owner's of the Land. Any dead plant material shall be removed and replaced in a timely manner. (d) All plant materials must be selected from the mandatory plant list attached hereto as Exhibit "F." The Landscape Concept Plan (Exhibit "E") has been included with this Ordinance to generally illustrate the intent and location of landscaping tree massing. Trees shall be 3 1/2" — 4 1/2" minimum caliper, as the case may be, at the time of installation. Trees located in the 30 foot landscape easement adjacent to the single family property shall be located so as to provide a full screen at the time of maturity. These trees shall be evergreen. Detailed landscape plans, sealed by a registered landscape architect, shall be provided on each tract at the time of Final Site Plan submittal. 4. Deceleration and left turn lanes. The Owner of the Land has voluntarily agreed to and shall provide left-hand turn lanes for both directions of travel located at the ultimate median opening on Trophy Club Drive as shown on Exhibit `B" (Site Plan). A deceleration lane will be provided along Trophy Club Drive as shown on Exhibit `B" (Site Plan). Construction of the deceleration and left-hand turn lanes shall be constructed at the same time as the reconstruction of Trophy Club Drive by the Town. 5. Hours of operation of uses. Hours of operation for the uses set forth herein shall be no longer than from 6:00 a.m. to 11:00 p.m. Deliveries and service calls shall be allowed only between the 8:00 a.m. and 5:00 p.m. No outside sales of any kind shall be conducted, including but not limited to, truck lot, pedestrian walkway, tent or other sales. [See Section A for Hours of Operation for the 7 -Eleven convenience store.] Town Council Page 260 of 321 Meeting Date: April 14, 2015 Exhibit "B" 6. Accessory uses. Accessory uses shall be permitted in accordance with the regulations set forth in Section 35, "Accessory Buildings," of the Comprehensive Zoning Ordinance. 7. Conditional uses. No conditional uses shall be permitted. 8. Limitation of uses. Any use not expressly provided for in this Ordinance or otherwise allowed by law is prohibited. 9. Building materials. All main and accessory buildings shall be of exterior fire resistant construction having at least eighty percent (80%) of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone or other masonry or material of equal characteristics in accordance with the Town's Building Code and Fire Code. All buildings and structures shall be constructed of natural stone with a metal type roof. All windows and doors shall be of wood construction. Typical elevations are provided with this Ordinance (see Exhibit "P' to illustrate the conceptual architectural style and detail. (a) Vertical walls of each building exclusive of doors and windows shall be of one hundred percent (100%) masonry. All vertical walls visible from the street shall be an Austin stone or similar material. Split concrete block or similar material may be used on rear exteriors not visible from the street. (b) Wood treatment shall be confined to soffits, gable ends, porch ceilings and columns. All windows and doors shall be of wooden construction. All windows and doors shall have gridded lite panes. (c) The roof of any building shall be galvalum construction and shall be allowed to weather to a natural color, and shall be of a uniform color. No applicant of a colored paint shall be allowed. All roofs shall be properly maintained by the building owner. 10. Development schedule. The Land shall be developed in accordance with the following schedule submitted by the Owner/Developer: January 1, 1996 to December 31,1997 Bank Site Convenience Site with Gasoline Sales Office Building January 1, 1997 to December 31, 1998 Second Office Building Retail Building January 1, 1998 to December 31, 1999 14,000 — 22,000 square feet 14,000 square feet 16,000 — 20,000 square feet Town Council Page 261 of 321 Meeting Date: April 14, 2015 Exhibit "B" Complete remaining office and retail development Every six (6) months following the approval of this Ordinance, the Building Inspector shall report to the Planning and Zoning Commission and the Town Council the actual development accomplished as compared with the development schedule submitted by the Owner/Developer of the Land. If in the opinion of the Planning and Zoning Commission or the Town Council, the Owner/Developer has failed to meet the approved development schedule, the Planning and Zoning Commission or the Town Council may initiate proceedings to amend all or part of the zoning on the Land or to amend the provisions of this Ordinance. Upon receiving the recommendation of the Planning and Zoning Commission, after all hearings have been held as required by law, the Town Council may amend all or part of the zoning of the Land and/or amend the provisions of this Ordinance to extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions existing. 11. Landscaped islands/parking. Per the landscape ordinance of the Town of Trophy Club, a landscaped island shall be provided for every twelve (12) parking spaces. 12. Additional parking standards. Parking shall be provided in accordance with the ratios identified on the plan. Shared parking is allowed and can be used in calculations to provide minimum total spaces for overall site. 13. Handicapped parking. Handicapped/accessible parking, including van accessible spaces shall be provided per Town standards. 14. Parkin lot of lighting. All parking lot lighting shall be located approximately as shown on the PD Site Plan (Exhibit B). Poles shall be a maximum of 20 feet in height. Pole lighting shall be oriented down and away form all adjacent properties. Building lighting shall be mounted to building face or in ground fixtures and oriented to wash building with light. Specific light standards shall be included on final site plan requests and included in final landscape plans and signage plans. 15. Screening fence. The screening fence shown on the PD Site Plan (attached hereto as Exhibit "B") shall be of woodcrete construction with a wood panel design (see detail attached hereto as Exhibit "K") and a minimum of 8 feet in height. This height shall be measured from existing grade. Fence shall be constructed completely on the commercial property in accordance with Town standards. Developer shall construct wooden fence connections between existing residential fences and proposed woodcrete fence. Connections shall be of like construction to existing fences. Fence contractor shall design specific, per lot fence grades per existing conditions and will not hinder or impede current utility or drainage conditions. 16. Ste. Prior to the issuance of a building permit for the Land or any part thereof, an overall sign plan, accompanying the final site plat for the Land, shall have been approved by the Town Council. Upon approval of the sign plan, the plan shall become a part of this Town Council Page 262 of 321 Meeting Date: April 14, 2015 Exhibit "B" ordinance as if copied herein in its entirety. Except as specifically provided in this Ordinance, the signs reflected on the sign plan shall conform to applicable ordinances of the Town and with the following: (Ordinance No. 2002-23 P&Z, Approved 6/12/02) a. Main Sign — Monument type located within landscaped area at front corner of site. To be a maximum of four (4) feet in height, fifteen (15) feet in length and sixty (60) square feet in total area. b. Site Identification Signage — Monument type located within landscaped areas along street frontages. To be a maximum of four (4) feet in height, ten (10) feet in length, and forty (40) square feet in total area. No product advertising shall be allowed. Building Signage — Placard type signage shall be permitted on the building face and entry doors to identify specific users; signage shall be designed in conjunction with the building architecture. d. Directional Signage — all directional, safety and handicapped signage shall be of a character so as to complement the project and be of wooden construction. e. All signage shall be externally lighted only. No neon or similar type lighting is permitted. f. No signage of any type shall be displayed in window areas of any building. No banner or temporary sign shall be allowed on the exterior of any building. g. No pole -type identification signs shall be allowed. h. All signage shall be located so as to avoid traffic obstructions and outside of any sight easements. 17. Fire lanes. Fire lanes are as shown on the plan. Location and detail shall be provided at the time of the Final Site Plan approval and shall be approved by the fire department. 18. Final site plan. Any Final Site Plan request shall include, among other things: (a) The detailed site plan per Town standards; (b) The final architectural elevations and materials; (c) The final landscape and irrigation plans; and (d) An updated PD concept plan which illustrates any site planning changes modified by the proposed Final Site Plan. Upon approval, the Site Plan shall become a part of this Ordinance. Town Council Page 263 of 321 Meeting Date: April 14, 2015 Exhibit "B" 19. Outdoor storage. No outdoor storage, except for refuse disposal shall be permitted on the land. A dumpster may be located or relocated at a convenient location on any lot. Such location shall be subject to the prior approval of the Planning and Zoning Commission. Dumpsters are to be enclosed on all sided with Masonry walls and gates of similar architectural style of the buildings. Minimum height of the enclosures shall be determined by the height of the dumpster. When possible, landscaping shall provide additional screening for the enclosure. Operating hours for trash service shall be in accordance with the Town of Trophy Club standards. (Ordinance No. 97-16 P&Z, approved 8/8/97) [See Section A for Outdoor Display allowed for 7 - Eleven convenience store.] 20. Mechanical and electrical equipment. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimum noise impact on surrounding property. All such equipment shall be screened from public view. 21. Lighting. Lighting shall be designed to reflect down or away from any adjacent residential area: (a) Pole Lamps shall be a maximum of twenty (20) feet in height. Pole lighting shall be oriented down and away from all adjacent properties. Pole lamps should be of the quality of a Sternberg Ripon -A fixture. All light will be a white light. (b) Building Lighting shall be mounted to the building face at a height not to exceed eight(8) feet or in ground fixtures and oriented to wash the building with light. All wall or ground fixtures should be made of like materials of the Sternberg Ripon -A fixture and maintain the verde green color. An overall site lighting plan shall accompany the final site plan meeting all the requirements of this Ordinance and all other applicable ordinances of the Town. The site lighting plan shall be subject to review and approval by the Town Council. 22. Minor site planning modifications. It is understood that the approval of this plan does not deny the opportunity to make minor site planning modifications as it relates to building and lot layout and configuration. The Town shall continue to maintain the intent of this plan in all subsequent approval processes. Town Council Page 264 of 321 Meeting Date: April 14, 2015 Exhibit "B" Exhibit "D" DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE VILLAGE AT TROPHY CLUB TROPHY CLUB, TEXAS (See original Ordinance for Copy of Exhibit "D") Town Council Page 265 of 321 Meeting Date: April 14, 2015 Exhibit "B" EXHIBIT "E" - CONCEPTUAL LANDSCAPE PLAN (3 PAGES) EXHIBIT "F" - APPROVED PLANT LIST EXHIBIT "G" - POTENTIAL ALTERNATE SITE PLAN EXHIBIT "H" - PRELIMINARY GRADING/SIGHT LINE STUDY EXHIBIT "I" - CONCEPTUAL EAST AND SOUTH ELEVATIONS EXHIBIT "J" - LIGHT POLES AND FIXTURES EXHIBIT "V'- FENCE RENDERING ORDINANCE NO 97-23 EXHIBIT "L" - DIMENSIONAL SITE PLAN EXHIBIT "M" - SIGNS - RESTAURANT - WENDY'S EXHIBIT "N" - OUTDOOR MENU Town Council Page 266 of 321 Meeting Date: April 14, 2015 R I \ ■ \ \ \ 0 f H A� W Cr w toi O N a ca rrL i O V OA .S 0 3 O L L O w L M LA Ln c-1 O N N M O a r 0) IL s v v v f6 N t6 U C C Y f6 O U L a O O L L N : 3 a� :C: ago E E 0 0 Q ao U o N z z Yz �+ 76 3 c o tin c C:cC O a) •E +� C:3 v -a 3 E '� w E o a) 3 c 3 0 0 U +� O O o 3 O vpf o C z Q 4� 4� s .Ll c c p 40 O L {n p E E C 0 Z Z � s C: c O O L f6 Ln C C O U E E Y O O 4� 3 c z z ) O — a s s bio C: Y L + O E> L + C o +m, s .0 i L N E(D O L En O 4, 0 z a) — _ a d — a dA .F O t � 0 L a a a a Ln c-1 O N N M O a r 0) IL Exhibit "D" Texas Penal Code Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS. (a) In this section: (1) "Abandon" includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person. (2) "Animal" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal. (3) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering. (4) "Custody" includes responsibility for the health, safety, and welfare of an animal subject to the person's care and control, regardless of ownership of the animal. (5) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code. (6) "Livestock animal" has the meaning assigned by Section 42.09. (7) "Necessary food, water, care, or shelter" includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health. (8) "Torture" includes any act that causes unjustifiable pain or suffering. (b) A person commits an offense if the person intentionally, knowingly, or recklessly: (1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal; (2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal; (3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody; Town Council Page 270 of 321 Meeting Date: April 14, 2015 custody; manner; Exhibit "D" (4) abandons unreasonably an animal in the person's (5) transports or confines an animal in a cruel (6) without the owner's effective consent, causes bodily injury to an animal; (7) causes one animal to fight with another animal, if either animal is not a dog; (8) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or (9) seriously overworks an animal. (c) An offense under Subsection (b)(3), (4), (5), (6), or (9) is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section, two times under Section 42.09, or one time under this section and one time under Section 42.09. An offense under Subsection (b) (1) , (2) , (7) , or (8) is a state jail felony, except that the offense is a felony of the third degree if the person has previously been convicted two times under this section, two times under Section 42.09, or one time under this section and one time under Section 42.09. (d) It is a defense to prosecution under this section that: (1) the actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal as defined by Section 822.101, Health and Safety Code; or (2) the actor was engaged in bona fide experimentation for scientific research. (e) It is a defense to prosecution under Subsection (b)(2) or (6) that: (1) the animal was discovered on the person's property in the act of or after injuring or killing the person's livestock animals or damaging the person's crops and that the person killed or injured the animal at the time of this discovery; or Town Council Page 271 of 321 Meeting Date: April 14, 2015 Exhibit "D" (2) the person killed or injured the animal within the scope of the person's employment as a public servant or in furtherance of activities or operations associated with electricity transmission or distribution, electricity generation or operations associated with the generation of electricity, or natural gas delivery. (f) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful: (1) form of conduct occurring solely for the purpose of or in support of: (A) fishing, hunting, or trapping; or (B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or (2) animal husbandry or agriculture practice involving livestock animals. (g) This section does not create a civil cause of action for damages or enforcement of the section. Added by Acts 2007, 80th Leg., R.S., Ch. 886 (H.B. 2328), Sec. 2, eff. September 1, 2007. Town Council Page 272 of 321 Meeting Date: April 14, 2015 y, oFo O ��n D �1 Omm O Exhibit "E" II � MOVE L7 II L-l_l O X I I REMOVE TOILET II &SINK47 II j II � II � II II II II / O m _ Fr_� I amyi� II wy2a?� II 0 o U u O D ILS CJI LL - CJI I Q❑-----------1T❑771 J —j BEMOLITI.N PLAN a TENANT FINISH OUT D w4 n s WALL TYPES ZOOM ROOM f- E THE VILLAGE AT TROPHY CLUB ,I P `i pf Z 2001 HWY 114, SUITE 4200 2 E p� TROPHY CLUB, TX 76262 �J Town Council Page 273 of 321 Meeting Date: April 14, 2015 n II II EXISTING BEAM9 I II X — m II II II �za pDr L_ Ir--------- Ao� Dy 2 n II III III III III II f_Z I II I II ❑ _ II T I \ / it -D II Rq\ ILS CJI LL - CJI I Q❑-----------1T❑771 J —j BEMOLITI.N PLAN a TENANT FINISH OUT D w4 n s WALL TYPES ZOOM ROOM f- E THE VILLAGE AT TROPHY CLUB ,I P `i pf Z 2001 HWY 114, SUITE 4200 2 E p� TROPHY CLUB, TX 76262 �J Town Council Page 273 of 321 Meeting Date: April 14, 2015 Exhibit "E" 2 N NxEo wlNoo�i - _ a O IOm r`nA - z Y z O z � < 000RLE• - = o�� n O _ �T D N z17 ti A D 171711 D 3 O m O 0 co 0 O ti z r Z M. oy O- 20 2m Zp� OA Om N� 1INTER— GLASS NEW STOREFRONT NEW STOREFRONT WINDOWS WINDOWS > 01 NEW DOORS ❑ ❑ ❑ ❑ ❑ _ NEW cONSTRucTION PLAN �ren�E� TENANT FINISH OUT W* f Y D w _ ZOOM ROOM - $ ' w o N THE VILLAGE AT TROPHY CLUB {(Sr,I P`i pf 2001 HWY 114, SUITE #200 j,. 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UNIALL LYITH E FINISH ISE ING SEALER -DAT LED WITH VO SEAL) � �AyN „z OASLI rzi Om AtiN - ,D _ x 'oP 00 oP 0o o9 ao D _ D _ D _ Nm N� p , � � � 3 v v v 3 D D D D O O O O O O O O O D � OaF Z� Z ` ,yA GJD � m No DOD y❑ �o O � � mem T OZ n >1 Oma, O A O A O O A D O � m� D A D 2 A pRSPLA;,T COFFEE BAR p < � � p A A y y O O O zo 0 � ROVIDE E EIR RIGPL m ❑ W O ❑ UTILIry �'� sO � � '51 �0- D - rBLACKBOARD 0 TV ON m E WALL WALL -MOUNT i o 40"HC GONGRE FENETR. UNIALL LYITH E FINISH ISE ING SEALER -DAT LED WITH VO SEAL) - D z � � A D 40'HC UWALL WITH 3::OAT N [:ON^..RE E FlNISH I SE. LEo WITH D - y 0 vENETR ING SEALER v0 SEAL) 0 �D �X vS n ouNTER oouRLE WIDTH N i n n _ cMu evAli w O OaF Z� Z ` ,yA GJD � m No DOD y❑ �o O � � mem T OZ n O W y m O - X D - l l D O Cpm DSS HOUND LOUNGE � A N TV ABOVE D = pRSPLA;,T COFFEE BAR p < Town Council Page 274 of 321 Meeting Date: April 14, 2015 Exhibit "E" O DC CoC m r m m w N O CO m T O m O r- z r z z TENANT FINISH OUT ♦ y E REFLECTED CEILING /LIGHTING PLAN ,RaiE'+ w D w ZOOM ROOM o N THE VILLAGE AT TROPHY CLUB ,I 2001 HWY 114, SUITE 4200 N 2 TROPHY CLUB, TX 76262 111111 F < y 0 z ®x m X UJ D z Ul it X m�(IJ f mow � G) Town Council Page 275 of 321 Meeting Date: April 14, 2015 0 1 A O � O Z n r m � A D A O � A l D C D z A m W O oz �n T EXIT = O m � m Z A � O DC CoC m r m m w N O CO m T O m O r- z r z z TENANT FINISH OUT ♦ y E REFLECTED CEILING /LIGHTING PLAN ,RaiE'+ w D w ZOOM ROOM o N THE VILLAGE AT TROPHY CLUB ,I 2001 HWY 114, SUITE 4200 N 2 TROPHY CLUB, TX 76262 111111 F < y 0 z ®x m X UJ D z Ul it X m�(IJ f mow � G) Town Council Page 275 of 321 Meeting Date: April 14, 2015 0 r T EXIT O DC CoC m r m m w N O CO m T O m O r- z r z z TENANT FINISH OUT ♦ y E REFLECTED CEILING /LIGHTING PLAN ,RaiE'+ w D w ZOOM ROOM o N THE VILLAGE AT TROPHY CLUB ,I 2001 HWY 114, SUITE 4200 N 2 TROPHY CLUB, TX 76262 111111 F < y 0 z ®x m X UJ D z Ul it X m�(IJ f mow � G) Town Council Page 275 of 321 Meeting Date: April 14, 2015 Exhibit "E" SHELVES O JUNCTION BOX FOR WALL -MOUNTED MIRROR _ COORDINATE H IN FIELD SHELVES .51 -MOUNTTV ILDCATE IN FIELD) o` Mz _ o o? ?° x J oc pm oX — O D� 2D 2 � mo o D C m N O �± O m o m n q ❑ zn z 1ALL-M uNT Tv OCATE NFIELD ❑ ❑ ❑ ❑ ❑ _ - ELECTRICAL PLAN reErTENANT FINISH OUT f E D w _ ZOOM ROOM - $ ' w a N THE VILLAGE AT TROPHY CLUB {(Sr,I P`i pf 2001 HWY 114, SUITE 4200 j,• ."'iiia E A� TROPHY CLUB, TX 76262 if r � X O � � (jll m n m0 n Z (n O J m � ❑ Z aD a y o v ❑ X n � X T. Ti D X n D O O 1 � T co Town Council Page 276 of 321 Meeting Date: April 14, 2015 � Z Town Council Page 276 of 321 Meeting Date: April 14, 2015 Exhibit "E" BAGKLIT MIRROR PROVIDE ELE:TRICAL SHELVES h m 0' A N UTILIry T m D O SINK y� m m 7m ��iA Ay_ D OZ o LE. .J BLACKBOARD TV ON m WALL WALL -MOUNT D m D= G1 � � O z M D �D aj vS D C m N O O � o m z y mn z Z - P ❑ 1 D n a n M> m m z z DO ❑ OUN❑ DUNG m ? > m PRODUCT FEE D COF= DISPLAY BAR p < ❑ ❑ ❑ ❑ ❑ _ - TENANT FURNITURE FIXTURES & EQUIPMENT PLAN re E TENANT FINISH OUT+ W ♦ `'�E y` i E D w _ ZOOM ROOM - $ ' w o N THE VILLAGE AT TROPHY CLUB,I P`i pf 2001 HWY 114, SUITE 4200 2 E p� TROPHY CLUB, TX 76262 �J Town Council Page 277 of 321 Meeting Date: April 14, 2015 Exhibit "E" Town Council Page 278 of 321 Meeting Date: April 14, 2015 pza O _pzati0 �02m' .T7 an - �zn C1 zp<<- O d y A �� y yXiy � Or'Du, m A A 3 G N Q � oA O 3 7 N O - Z y C y D �Xy < - C Mn Dm nmm Atmi� O < D 3 z D D m __ N 0 A N Pmcm A 2 �'OJ m JD.waA Z i a QED D'AJ Z i"GDO O 0 m DDA�2:l a _ m O A - Z = S wiz Z O a i t Ylt y y y y. 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D D r ~ A�0 Z1�1Sm mDzm -mmm m O -•'�'.~ 0 n� Z Ozm m OA�m O } ? m0 m, D - Z 2 <CA O m - tI1,0m `Gm mA�r pm2n -\•'_-, W �i 32N0 _ _._ -- - Z n m m i= 0>0 D m O n D 2 mo A m Oj2m y Axr OD 0— A N L10= Z yNn ro c]Omz - n N N A .� �yD A 2( m w �ANm a�~� _ m D j J ZOO O DAC Ay m N o y sz o nom 0 o0 O 2 Z z � N TENANT FINISH OUT♦rte :r=_E tL 3 PROJECT DATA ZOOM ROOM E m SITE PLAN THE VILLAGE AT TROPHY CLUB 2001 HWY 114, SUITE wy a 9 r TROPHY CLUB, TX 76262 11 s1V Town Council Page 278 of 321 Meeting Date: April 14, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-08 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 95-20 ESTABLISHING PD PLANNED DEVELOPMENT #13, SUCH ORDINANCE HAVING BEEN SUBSEQUENTLY AMENDED BY ORDINANCE NO. 97-16 P&Z, BY ORDINANCE NO. 97-23 P&Z, BY ORDINANCE NO. 2001-09 P&Z, BY ORDINANCE NO. 2002-23 P&Z, BY ORDINANCE NO. 2006-15 P&Z, AND AMENDED BY ORDINANCE NO. 2010-28 P&Z OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT #13, IS HEREBY FURTHER AMENDING BY THIS ORDINANCE AMENDING EXHIBIT "C" DEVELOPMENT STANDARDS, TO ALLOW AN ADDITIONAL PERMITTED RETAIL USE FOR TRACT 1, TO ALLOW INDOOR CANINE RETAIL AND TRAINING AND PROVIDING A DEFINITION FOR THAT USE; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING APPLICABLE REGULATIONS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of Tract 1 of PD #13 (the "Land"), described as approximately 3.8 acres of land currently zoned PD Planned Development #13 for Retail Uses, such tract located generally at the northwest corner of the intersection of Trophy Club Drive and State Highway 114, filed an application with the Town Planning and Zoning Commission requesting an amendment to the PD, more specifically to allow a change in the terms of Exhibit "C" Development Standards, Section A(1)(b)(1) regulating a portion of the Land located in Planned Development #13, modifying the terms of the use of such portion of the Land as follows: to add a permitted use of "Indoor Canine Retail and Training"; and WHEREAS, all legal notices, requirements and conditions having been complied with, the amendment to PD #13 came before the Planning and Zoning Commission and Town Council; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the 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 the Comprehensive Zoning Ordinance as set forth in this Ordinance; and 1 ORD 2015-08 Town Council Page 279 of 321 Meeting Date: April 14, 2015 WHEREAS, 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 amending the Comprehensive Zoning Ordinance of the Town is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. 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. AMENDMENT 2.01 Ordinance No. 95-20 of the Town of Trophy Club, Texas, creating the Town's PD Planned Development #13 as amended by Ordinance No. 97-16 P&Z, by Ordinance No. 97-23 P&Z, by Ordinance No. 2001-09 P&Z, by Ordinance No. 2002-23 P&Z, by Ordinance No. 2006-15 P&Z, and as amended by Ordinance No. 2010-28 P&Z of the Town, is hereby further amended by this Ordinance amending Exhibit "C" Development Schedule, Section A(1)(b)(1), "Permitted Uses" in the following particulars as set forth below, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. Purpose: development standards, uses within individual tracts: This Planned Development is designed to accommodate a variety of retail commercial and commercial office uses. For development purposes, the Land is divided into four tracts (Tracts 1, 2, 3, and 4 as show on Exhibit "B" attached hereto (PD Site Plan)), and the use and development of each of the tracts shall be in accordance with the following: 1. Tract 1 (Retail uses, as depicted in Exhibit "B' ): The following standards shall apply to Tract 1: (a) Size of tract: Tract 1 shall contain approximately 3.8 acres of land. (b) Uses generally: In the development and use of Tract 1, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: 1. Permitted Uses: "(AA) Indoor Canine Retail and Training* * This use is defined as a retail establishment which sells canine related items and accessories and which also trains domesticated or tamed dogs, all within a 2 ORD 2015-08 Town Council Page 280 of 321 Meeting Date: April 14, 2015 completely enclosed building. Training shall not include the training of any other animals, nor any "prohibited animal" as defined in the Town Code of Ordinances. The boarding and grooming of any animals is prohibited. " SECTION 3. 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 4. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect.. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 3 ORD 2015-08 Town Council Page 281 of 321 Meeting Date: April 14, 2015 SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. 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. SECTION 9. 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 14th day of April, 2015. ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2015-08 Town Council C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] 4 Page 282 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0241-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 4/1/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Consider and take appropriate action regarding an Ordinance amending Ordinance No. 95-20 and subsequent amendments thereto, creating and amending PD Planned Development District No. 13, an approximate 3.8 acre tract of land and part of the "Village" Shopping Center, located on Lot 1, The Village at Trophy Club, 2001 State Highway 114, Trophy Club, TX, by amending Exhibit "C" entitled "Development Standards" to allow an additional permitted retail use for Tract 1, to allow Indoor Canine Retail and Training; and providing a definition for that use. Attachments: Date Ver. Action By Action Result Consider and take appropriate action regarding an Ordinance amending Ordinance No. 95-20 and subsequent amendments thereto, creating and amending PD Planned Development District No. 13, an approximate 3.8 acre tract of land and part of the "Village" Shopping Center, located on Lot 1, The Village at Trophy Club, 2001 State Highway 114, Trophy Club, TX, by amending Exhibit "C" entitled "Development Standards" to allow an additional permitted retail use for Tract 1, to allow Indoor Canine Retail and Training; and providing a definition for that use. Town Council Page 283 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0250-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 4/8/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Consider and take appropriate action regarding proposed discussion topics for agenda items to be considered at the Joint Meeting with the Trophy Club Municipal Utility District No. 1 on April 28, 2015. Attachments: Date Ver. Action By Action Result Consider and take appropriate action regarding proposed discussion topics for agenda items to be considered at the Joint Meeting with the Trophy Club Municipal Utility District No. 1 on April 28, 2015. Town Council Page 284 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0227-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 3/30/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Consider and take appropriate action regarding a Proclamation proclaiming May 2015 as Motorcycle Safety and Awareness Month in Trophy Club. Attachments: PRO 2015-07 Motorcycle Safety and Awareness Month.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding a Proclamation proclaiming May 2015 as Motorcycle Safety and Awareness Month in Trophy Club. Town Council Page 285 of 321 Meeting Date: April 14, 2015 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2015-07 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING THE MONTH OF MAY 2015 AS MOTORCYCLE SAFETY AND AWARENESS MONTH IN TROPHY CLUB IN CONJUNCTION WITH NATIONAL MOTORCYCLE SAFETY AND AWARENESS MONTH. WHEREAS, today's society is finding more citizens involved in motorcycling on the roads of our country; and WHEREAS, motorcyclists are roughly unprotected and therefore more prone to injury or death in a crash than other vehicle drivers; and WHEREAS, campaigns have helped inform riders and motorists alike on motorcycle safety issues to reduce motorcycle related risks, injuries, and, most of all, fatalities, through a comprehensive approach to motorcycle safety; and WHEREAS, it is the responsibility of all who put themselves behind the wheel, to become aware of motorcyclists, regarding them with the same respect as any other vehicle traveling the highways of this country; and it is the responsibility of riders and motorists alike to obey all traffic laws and safety rules; and WHEREAS, urging all citizens of our community to become aware of the inherent danger involved in operating a motorcycle, and for riders and motorists alike to give each other the mutual respect they deserve. NOW, THEREFORE, I, MAYOR NICK SANDERS, IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM: The month of May 2015 as National Motorcycle Safety and Awareness Month in the Town of Trophy Club to coincide with National Motorcycle Safety and Awareness Month. Further, I urge all residents to do their part to increase safety and awareness in our community. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 14th day of April 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas Holly Fimbres, Town Secretary Town of Trophy Club, Texas Town Council Page 286 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0245-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 4/2/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Consider and take appropriate action regarding a Proclamation proclaiming April 2015 as National Child Abuse and Neglect Prevention Month in Trophy Club. Attachments: PRO 2015-08 National Child Abuse and Neglect Prevention Month.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding a Proclamation proclaiming April 2015 as National Child Abuse and Neglect Prevention Month in Trophy Club. Town Council Page 287 of 321 Meeting Date: April 14, 2015 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2015-08 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING THE MONTH OF APRIL 2015 AS NATIONAL CHILD ABUSE AND NEGLECT PREVENTION MONTH IN TROPHY CLUB. WHEREAS, in Federal fiscal year 2013, 52 States reported 678,932 victims of child abuse or neglect; and WHEREAS, child abuse and neglect is a serious problem affecting every segment of our community, and finding solutions requires input and action from everyone in our community; and WHEREAS, our children are our most valuable resources and will shape the future of the Town of Trophy Club, Texas; and WHEREAS, child abuse can have long-term psychological, emotional, and physical effects that can have lifelong consequences for victims of abuse; and WHEREAS, protective factors are conditions that reduce or eliminate risk and promote the social, emotional, and developmental well-being of children; WHEREAS, effective child abuse prevention activities succeed because of the meaningful connections and partnerships created between child welfare, education, health, community and faith based organizations, businesses and law enforcement agencies; and WHEREAS, communities must make every effort to promote programs and activities that benefit children and their families; WHEREAS, we acknowledge that we must work together as a community to increase awareness about child abuse and contribute to promote the social and emotional well-being of children and families in a safe, stable, nurturing environment; WHEREAS, prevention remains the best defense for our children and families. NOW, THEREFORE, I, MAYOR NICK SANDERS, IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM: The month of April 2015 as National Child Abuse and Neglect Prevention Month in the Town of Trophy Club. Further, I urge all citizens to recognize this month by dedicating ourselves to the task of improving the quality of life for all children and families. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 14th day of April 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas Holly Fimbres, Town Secretary Town of Trophy Club, Texas Town Council Page 288 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0230-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 3/30/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Recognition of Town Staff and Citizen Volunteers who participated in the 2015 Warrant Round Up; discussion of same. Attachments: Date Ver. Action By Action Result Recognition of Town Staff and Citizen Volunteers who participated in the 2015 Warrant Round Up; discussion of same. Town Council Page 289 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0247-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 4/2/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Presentation from Development Services Manager Pat Cooke and Patrick Prather, President of Municipal Mosquito, regarding West Nile monitoring; discussion of same. Attachments: Date Ver. Action By Action Result Presentation from Development Services Manager Pat Cooke and Patrick Prather, President of Municipal Mosquito, regarding West Nile monitoring; discussion of same. Town Council Page 290 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0239-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 3/30/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Consider and take appropriate action regarding planning and construction of municipal facilities, funding sources, impact on tax rate, communication with and input from residents. Attachments: Date Ver. Action By Action Result Consider and take appropriate action regarding planning and construction of municipal facilities, funding sources, impact on tax rate, communication with and input from residents. Town Council Page 291 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0243-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 4/2/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Consider and take appropriate action regarding the dissolution of the Town Council Municipal Facilities sub -committee. Attachments: Date Ver. Action By Action Result Consider and take appropriate action regarding the dissolution of the Town Council Municipal Facilities sub -committee. Town Council Page 292 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0223-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 3/30/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2014-2015 Budget of the Town (Budget Amendment No. 1); providing an amendment for the appropriation of funds related to changes to equipment, services, and personnel, including amendments impacting the EDC 4B and CCPD budgets; and providing an effective date. Attachments: Staff Report - Budget Amendment No 1 - FY15.pdf Ord 2015-07 Budget Amendment No 1.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2014-2015 Budget of the Town (Budget Amendment No. 1); providing an amendment for the appropriation of funds related to changes to equipment, services, and personnel, including amendments impacting the EDC 4B and CCPD budgets; and providing an effective date. Town Council Page 293 of 321 Meeting Date: April 14, 2015 T(cTOWN OF l*:: TROPHY CLUB 100 Municipal Drive •Trophy Club, Texas 76262 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Fiscal Year 2015 Budget Amendment No. 1 Agenda Item: Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2014- 2015 Budget of the Town (Budget Amendment No. 1); providing an amendment for the appropriation of funds related to changes to equipment, services, and personnel, including amendments impacting the EDC 4B and CCPD budgets; and providing an effective date. Explanation: Budget amendment No. 1 appropriates funds for expenditures associated with Crosswalk Flashers, Laserfiche, a Hosted Email Exchange, additional Video Storage for Police, the Hardware and Software buyout from the Municipal Utility District, resignation of the previous Town Manager, Radios from the Crime Control and Prevention District, and Mosquito Abatement from the Drainage Fund. The expenditures have been offset with savings due to turnover in various departments, savings from changes to the Town's retirement plan, no need for a May election, savings due to lower than anticipated fuel prices, additional revenue associated with Developer's Fees, PID reimbursements, and Sales Tax that have, in total, resulted in no net effect to the General Fund. The budget amendment reappropriates funds in the Drainage Fund from Engineering to Professional Outside Services to accommodate mosquito abatement for the current fiscal year resulting in no net effect to the Drainage Fund. The budget amendment also appropriates funds in the Crime Control and Prevention District (CCPD) for the purchase of digital radios. The purchase is made using reserve funds accumulated in prior years resulting in a net effect to the CCPD in the amount of $60,500. Additionally, the budget amendment eliminates a transfer from the EDC -4B that was intended to fund a position that was eliminated subsequent to the adoption on the Fiscal Year 2015 Budget. The elimination of the transfer increases the available resources of the EDC — 4B by $65,670. Attachments: Ordinance No. 2015-07 Budget Amendment No. 1 Recommendation: Town Council Page 294 of 321 Meeting Date: April 14, 2015 Staff recommends approval of Budget Amendment No. 1 as presented. Town Council Page 295 of 321 Meeting Date: April 14, 2015 TOWN OF TROPHY CLUB ORDINANCE NO. 2015-07 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE FY 2014-2015 BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS (BUDGET AMENDMENT NO. 1); PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO APPROPRIATE FUNDS RELATED TO CHANGES TO EQUIPMENT, SERVICES AND SUPPLIES FOR VARIOUS DEPARTMENTS, CAPITAL OUTLAY AND REVENUES NOT INCLUDED IN THE ORIGINAL BUDGET, BUYOUT OF SOFTWARE AND HARDWARE FROM MUD1, AND PERSONNEL CHANGES; PROVIDING FOR AN AMENDMENT TO ELIMINATE A BUDGETED TRANSFER OF FUNDS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2014-2015 Budget was adopted within the time and in the manner required by State Law; and WHEREAS, in that Budget, the Town Council did not appropriate funds for expenditures associated with Crosswalk Flashers, Laserfiche, a Hosted Email Exchange, additional Video Storage for Police, a Hardware and Software Buyout from the Municipal Utility District, personnel changes in the Town Manager's office, a, Radios from the Crime Control and Prevention District, and Mosquito Abatement from the Drainage fund; and WHEREAS, the omitted expenditures have been effectively offset by savings due to turnover in various departments, savings from changes to the Town's retirement plan, no May election, lower than anticipated fuel prices, additional revenue associated with Developer's Fees, PID Reimbursements, and Sales Tax that have, in total, resulted in no net effect to the General Fund; and WHEREAS, this amendment appropriates $101,140 in the General Fund for total expenditures related to a various services and items and recognizes revenue, less transfers, of $101,140; and WHEREAS, in that Budget, the Town Council appropriated a transfer of funds from the Economic Development Corporation 4B (EDC 4B) to the General Fund; and WHEREAS, the transfer of funds is not necessary as the position the transfer was designed to support was eliminated; and WHEREAS, this amendment eliminates a transfer of $65,670 from the EDC 4B to the General Fund thereby decreasing outlays of the EDC 4B; and ORD 2015-07 Page 1 of 5 Town Council Page 296 of 321 Meeting Date: April 14, 2015 WHEREAS, on March 18t", 2015, the CCPD approved an amendment to appropriate excess funds to purchase radios in the amount of $60,500; and WHEREAS, this amendment reappropriates $17,200 in the Drainage Fund from Engineering to Professional Outside Services related to mosquito abatement; and WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that the amendment, as set forth in Exhibit "A", will serve the public interest and is necessary to support Town operations; and WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and determines that the change in the Budget for the stated municipal purpose serves best interests of the taxpayers, is necessary and warrants action at this time; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT The Town of Trophy Club, Texas, Fiscal Year 2014-2015 Budget is hereby amended to fund the line items as stated in Exhibit "A", a copy of which is attached hereto and incorporated herein. This Amendment No. 1 (Exhibit "A") to the Original Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2014-2015 shall be attached to and made part of the Original Budget by the Town Secretary and shall be filed in accordance with State Law. This Ordinance is hereby adopted and shall constitute the first amendment that has occurred since the October 1, 2014 effective date of the Town's Fiscal Year 2014-2015 Budget. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2014-2015 Budget of the Town and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. ORD 2015-07 Page 2 of 5 Town Council Page 297 of 321 Meeting Date: April 14, 2015 SECTION 4. 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 the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. 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 the 14th day of April, 2015. ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Mayor, Nick Sanders Town of Trophy Club, Texas [SEAL] ORD 2015-07 Page 3 of 5 Town Council Page 298 of 321 Meeting Date: April 14, 2015 Exhibit "A" Town of Trophy Club Budget Amendment No. 1 There is no net effect on the Fiscal Year 2014-2015 General Fund and Drainage Fund budget as a result of the proposed budget amendment. The Fiscal Year 2014-2015 CCPD Budget increase specified below is a result of the appropriation of prior year fund balance to purchase radios. The EDC 4-B Budget decrease specified below is a result of the elimination of a transfer to the General Fund to fund a position that was eliminated subsequent to the adoption of the Fiscal Year 2015 budget. CCPD Line Item Department Current Budget Amendment Amended Budget Capital Outlay CCPD 47,179 60,500 107,679 Drainage Line Item Department Current Budget Amendment Amended Budget Professional Outside Services Drainage 0 17,200 17,200 Engineering Drainage 100,000 (17,200) 82,800 Line Item Transfer to General Fund EDC 4-B Department Current Budget Amendment Amended Budget EDC 4-13 155,634 (65,670) 89,964 ORD 2015-07 Page 4 of 5 Town Council Page 299 of 321 Meeting Date: April 14, 2015 General Fund Line Item Department Current Budget Amendment Amended Budget Salaries Manager's Office 523,682 150,000 673,682 Retirement Manager's Office 115,002 15,000 130,002 Social Security Taxes Manager's Office 29,400 2,000 31,400 Medicare Taxes Manager's Office 7,686 2,000 9,686 Auto Allowance Manager's Office 12,000 (4,360) 7,640 Intergovernmental Transfer EDC Revenue (65,670) 65,670 0 Developer's Fees Revenue (30,000) (105,000) (135,000) Retirement Police 217,589 (40,000) 177,589 Retirement Legal 28,203 (5,000) 23,203 Retirement Streets 26,229 (5,000) 21,229 Retirement Parks 76,589 (12,500) 64,089 Retirement Medians 17,469 (3,000) 14,469 Retirement Recreation 23,140 (3,500) 19,640 Retirement CD 51,888 (10,000) 41,888 Retirement EMS 91,367 (14,000) 77,367 Retirement Finance 32,338 (10,000) 22,338 Retirement Court 8,714 (1,000) 7,714 Retirement HR 8,882 (2,000) 6,882 Retirement IT 24,068 (4,500) 19,568 Salaries Police 1,249,755 (60,000) 1,189,755 Overtime Police 46,324 25,000 71,324 Holiday Police 25,080 (5,000) 20,080 Medical Insurance Police 127,636 (15,000) 112,636 Medical Insurance Finance 23,861 (8,000) 15,861 PID Reimbursement Revenue (8,000) (40,000) (48,000) Hardware IT 16,623 25,000 41,623 Software & Support IT 147,602 68,500 216,102 Capital Streets 0 55,000 55,000 Sales Tax Revenue (654,543) (21,810) (676,353) Elections Manager's Office 24,000 (13,500) 10,500 Salaries Streets 148,225 (5,000) 143,225 Fuel Police 58,995 (10,000) 48,995 Fuel Medians 17,013 (5,000) 12,013 Fuel Parks 5,447 (5,000) 447 ORD 2015-07 Page 5 of 5 Town Council Page 300 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0224-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 3/30/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Consider and take appropriate action regarding an Ordinance amending the Code of Ordinances of the Town by adding Article III, "Tax on Telecommunications Services" to Chapter 15, "Taxation" in order to repeal the sales tax exemption on telecommuncations services sold within the boundaries of the Trophy Club Crime Control and Prevention District (the corporate boundaries of the Town) and thereby levying a tax on those services at the maximum rate authorized by law for other local sales and use taxes; providing a penalty; and providing an effective date. Attachments: Staff Report - Repeal of Telecommunications Exemption (CCPD).pdf Jurisdictions That Impose Local Sales Tax on Telecommunications Services.pdf ORD 2015-06 Telecommunications Tax.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding an Ordinance amending the Code of Ordinances of the Town by adding Article III, "Tax on Telecommunications Services" to Chapter 15, "Taxation" in order to repeal the sales tax exemption on telecommuncations services sold within the boundaries of the Trophy Club Crime Control and Prevention District (the corporate boundaries of the Town) and thereby levying a tax on those services at the maximum rate authorized by law for other local sales and use taxes; providing a penalty; and providing an effective date. Town Council Page 301 of 321 Meeting Date: April 14, 2015 T(cTOWN OF l*:: TROPHY CLUB 100 Municipal Drive •Trophy Club, Texas 76262 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Repeal of Sales Tax Exemption on Telecommunications Services for CCPD Agenda Item: Consider and take appropriate action regarding an ordinance to repeal sales tax exemptions on telecommunications services sold within the boundaries of the Crime Control and Prevention District (CCPD). Explanation: State law provides that telecommunications services are subject to state sales tax, but are exempt from all local sales taxes. The governing body of a city, county, transit authority, or other special purpose district may vote to impose sales tax on these services. The local sales tax is limited to telecommunications services occurring between locations within Texas. On August 26, 2014, the CCPD voted unanimously to repeal sales tax exemptions on telecommunications services sold within its boundaries. The Town voted to impose the sales tax on telecommunications services effective the 2nd quarter of 1989, however, with the creation of the CCPD, a special district, the governing body must take separate action. Staff estimates that sales tax for the CCPD would increase by at least $10,000 annually with the approval of this ordinance. Attachments: • Jurisdictions that Impose Local Sales Tax on Telecommunications Services • Ordinance No. 2015-06 Recommendation: Staff recommends approval of the ordinance repealing the exemption for sales tax on telecommunications services within the boundaries of the CCPD. Page 1 of 1 Town Council Page 302 of 321 Meeting Date: April 14, 2015 Jurisdictions That Impose Local Sales Tax on Telecommunications Services (96-339) 0 Paginas en espanol � Contact Us Window ori State Government Site Search Susan Combs Texas Comptroller of Public Alccoulrls Go Quick Start for: Citizens Business Government HOME I ABOUT US I TEXAS TAXES I EDUCATION I FINANCES & ECONOMY STATE PURCHASING FORMS I e -SERVICES Jurisdictions That Impose Local Sales Tax on Tax Publications Telecommunications Services (96-339) Revised: June 2014 State law provides that telecommunications services are subject to the state sales tax, but are exempt from all local sales taxes. The governing body of a city, county, transit authority, or other special purpose district may vote to impose sales tax on these services. The local sales tax is limited to telecommunications services occurring between locations within Texas. The local sales tax is collected based on where the call originates. If the origin of the call cannot be determined, then the local sales tax collected is based on where the call is billed. Local sales tax on mobile telecommunications services is determined differently. While telecommunications services are subject to state sales tax, local sales tax is optional. A city, county, transit authority, or special purpose district can impose local sales tax on telecommunications services that occur between locations within Texas. A call from Austin to Dallas is subject to local tax, for instance, while a call from Austin to Chicago is not. For mobile telecommunications services, the local sales tax rate is determined by the customer's place of primary use, generally the residential or primary business street address. For example, a salesman based in Austin will pay Austin city and transit sales tax on a cellular call from San Antonio to Corpus Christi, since Austin is the place of primary use. For telecommunication services billed call -by -call or per transmission, the local sales tax rate is determined by where the call or transmission originates. If a visitor in Houston calls someone in Beaumont and charges the call to their home phone in EI Paso, Houston local tax is due. For telephone calls not billed call -by -call, the local sales tax rate is determined by the customer's place of primary use. For example, a subscriber to voice over Internet protocol (VOIP) pays $39.95 per month for unlimited local and long-distance calls. Charges for calls are not itemized. If the subscriber's home is in Austin, the $39.95 charge is subject to Austin city and transit tax. Effective July 1, 2014, the following jurisdictions have imposed local sales tax on telecommunications services. Cities Kirby Pecos City Below is a list of all cities, counties, transit authorities, or other special purpose districts that impose local sales tax on telecommunications services. This list includes all changes effective as of July 1, 2014, and will be updated quarterly with any new information. If you have questions or need information on imposing the tax, please call our toll-free number 1-800-531-5441, ext. 3-4530. In Austin, call 463-4530. If you have questions regarding taxability, call ext. 3-4680. In Austin, call 463-4680. Cities That Impose Local Sales Tax on Telecommunications Services City Name Effective Abilene 874 Addison 874 Alamo 113 Aledo 874 Alice 874 Allen 894 Alpine 881 Town Council City Name Effective Ganado 874 Garland 874 George West 874 Georgetown 884 Glen Rose 874 Goliad 874 [Ezes 874 http://www.window. state.tX. us/taxinfo/taxpubs/tx96_339. html[8/ 19/2014 9:05:43 AM] Page 303 of 321 City Name Effective Orange 881 Orchard 883 Overton 882 Ovilla 074 Palacios 911 Palestine (Anderson Co.) 881 Palmer 881 Meeting Date: April 14, 2015 Jurisdictions That Impose Local Sales Tax on Telecommunications Services (96-339) Alvarado 091 Amarillo 874 Ames (Liberty Co.) 881 Anna 101 Andrews 874 Angleton 874 Angus 881 Annetta North 883 Annetta South 881 Anthony 881 Aransas Pass 091 Archer City 062 874 Arlington Aspermont 052 Athens 874 Atlanta 122 Aubrey 881 Austin 874 Azle 971 Balch Springs 973 Balcones Heights 874 Bandera 091 Bangs 881 Bartlett 881 Bartonville 881 Bay City 874 Bayou Vista 002 Beaumont 874 Bedford 874 Beeville 951 Bellevue 901 Belton 874 Benavides 881 Benbrook 874 Big Lake 972 Big Spring 874 Blooming Grove 072 Town Council Gordon (Palo Pinto Co.) 874 Gorman 954 Graford 891 Grandfalls 093 Grandview 101 Grand Prairie 874 Grapevine 874 Greenville 891 Gregory 881 Groesbeck 881 Groom 881 Groves Gruver 874 874 Gun Barrel City 082 Gunter 121 Hale Center 874 Hallsburg 881 Haltom City 882 Hamilton 874 Happy 874 Harlingen 931 Haskell 874 Haslet 874 Heath 874 Helotes 091 131 Henderson Henrietta 893 Hewitt 051 Hico 111 Highland Park 874 Hillsboro 064 Hitchcock 044 Hollywood Park 881 Hooks 002 Horizon City 911 Houston 874 Hubbard 884 http://www.window.state.tx.us/taxinfo/taxpubs/tx96_339.html[8/19/2014 9:05:43 AM] Palm Valley 971 Palmhurst 074 Palmview 074 Pampa 874 Panorama Village 102 Panhandle 874 Pantego 883 Paris 874 Pasadena 874 Payne Springs 073 Pearland 874 Pecos City Pearsall 143 874 Pelican Bay 044 Petrolia 982 Pharr 882 Pilot Point 944 Pinehurst (Orange Co) 874 Piney Point Village Pittsburg 874 103 Plainview 874 Plano 874 Point Comfort 874 Ponder 874 Port Arthur 882 Port Isabel 882 Port Neches 874 Pottsboro 054 Prairie View 882 Presido 101 Princeton 874 Progreso Progreso Lakes 023 883 Quinlan 881 Ralls 874 Ranger 874 Rankin (Upton Co.) 881 Page 304 of 321 Meeting Date: April 14, 2015 Jurisdictions That Impose Local Sales Tax on Telecommunications Services (96-339) Blue MoundVV7 874 Borger 41 874 Bonham 041 Bovina 032 Boyd (Wise Co.) 881 Brazoria 902 Breckenridge 874 Brenham 901 Bridge City 912 Bronte 874 Brownfield 963 Brookshire 881 Brookside Village 972 Brownsville 892 Brownwood 874 Bryan 874 *Bulverde 101-104, 141 874 Burkburnett Burleson 874 Burton 042 Cameron 881 Canadian 882 Canyon 874 Carrizo Springs 884 Carrollton 911 Castle Hills 874 Castroville 093 Cedar Hill 874 Cedar Park 874 Celeste 881 Celina 132 Center 874 Chandler 883 Childress 874 China 884 Cibolo 883 Town Council Hudson 882 Hudson Oaks 874 Hunters Creek Village 874 Huntsville 881 Hurst 874 Hutchins 874 Ingleside 881 Iowa Park 882 Irving 891 Jacksonville 874 Jefferson 094 Jersey Village 874 Jewett 091 Jonestown 884 Joshua 874 Jourdanton 874 Karnes City Katy 882 874 Kaufman 881 Keene 083 Keller 874 Kemah 874 Kenedy 874 Kennedale 921 Kerens 883 Kermit 881 Kilgore 874 Killeen 874 Kirby 143 Kosse 133 Knox City 881 Kyle 883 Ladonia 124 La Feria 881 La Joya 893 La Marque 903 http://www.window.state.tx.us/taxinfo/taxpubs/tx96_339.html[8/19/2014 9:05:43 AM] Reno (Lamar Co.) 054 Richardson 911 Richland Hills 891 Riesel 032 Rio Grande City 113 Rio Hondo 041 River Oaks 874 Riverside 044 Roanoke 882 Robert Lee 874 Robinson 044 Roby 881 Rockport 874 Rockwall 874 Roma 113 Roscoe Rollingwood Rosenberg Rota n 874 034 923 874 Round Rock 921 Rowlett 874 Royse City 874 Runaway Bay 881 Rusk 874 Sachse 951 Saginaw 874 Saint Jo 981 Salado 111 San Angelo 891 San Antonio 874 San Diego 874 San Juan (Hidalgo Co.) 892 San Marcos 874 San Saba 043 Sansom Park 881 Santa Anna 011 Page 305 of 321 Meeting Date: April 14, 2015 Jurisdictions That Impose Local Sales Tax on Telecommunications Services (96-339) Cisco=%+ 874 Clarendon 874 Claude 874 Clear Lake Shores 901 Cleburne 882 Cleveland 881 Clint 874 Coffee City 113 Coldspring 881 College Station 971 Colleyville 891 Colmesneil Colorado City 874 874 Commerce 954 Conroe 874 Converse 881 Coppell 921 Copper Canyon 883 Copperas Cove 881 Corpus Christi 874 Corinth 031 Corrigan 882 Corsicana 882 Cottonwood Shores 984 Cotul la 054 Crane 874 Crosbyton 874 Crowley 874 Cuero 101 Cumby 882 Curley 944 Cut and Shoot 073 Daingerfield 874 Dalhart 874 Dallas 874 Dalworthington Gardens 874 Danbury I 104 Town Council La Ward 891 874 Lake Dallas Lake Worth 874 La keport 901 Lakewood Village 101 Lakeside (Tarrant Co.) 881 Lakeway 874 064 874 La m esa Lancaster La redo 874 Leon Valley 874 Levelland Lewisville 874 881 Liberty (Liberty Co.) 874 Liberty Hill 111 Little Elm 931 Littlefield 874 Live Oak 951 Livingston 104 Llano 881 Lockhart 874 Lockney 874 Lometa 041 Lone Oak 972 Longview 882 Lorena 044 Lubbock 874 Lufkin 914 Lumberton 981 Malakoff 953 Manor 874 Mansfield 874 Marble Falls 881 Marfa 874 072 Marlin Marquez 091 Marshall 874 http://www.window.state.tx.us/taxinfo/taxpubs/tx96_339.html[8/19/2014 9:05:43 AM] Santa Fe 031 Schertz 901 Seabrook 881 Seagoville 971 Seguin 074 Seminole 874 Seven Points 874 Seymour 874 Shamrock 874 Silsbee 921 Simonton 021 874 874 Sinton Skellytown Slaton 874 Smithville 881 Snyder 874 Somerset 132 Sonora 874 Sour Lake 874 Southmayd 944 Spearman 874 Stamford 874 Stanton 874 Stephenville 891 Stinnett 874 Stockdale 122 Strawn 874 Sugar Land 921 Sullivan City 084 Sulphur Springs 883 Sun Valley 912 Sundown 874 Sunset Valley 881 Sweeny 883 Sweetwater 874 Tatum 874 Taylor 882 Page 306 of 321 Meeting Date: April 14, 2015 Jurisdictions That Impose Local Sales Tax on Telecommunications Services (96-339) De Leon WE 953 Decatur 874 Deer Park 881 Denison 034 Denton 874 Deport 094 DeSoto 874 Devine 874 Dickinson 881 Double Oak 882 Driscoll 881 Duncanville 874 Eagle Pass 874 Early 054 East Mountain 882 Eastland 891 Edcouch 902 881 Eden Edgecliff Village 874 Edinburg 883 Edna 931 EI Campo 874 EI Paso 874 Eldorado 874 Electra 882 Elgin 883 Emory 044 Encinal 103 Ennis 031 Escobares 114 Euless 874 Everman 882 Fairview 052 Farmers Branch 874 Farmersville 874 Fate 874 Town Council Mason 874 Mathis 874 Maypearl 141 McAllen 874 McCamey 883 McKinney 874 McLean 874 Meadows Place 954 Melissa 091 Memphis 874 Mercedes 881 Merkel 032 Mesquite 874 Mexia 874 Midland 874 Midlothian 032 884 874 Mineral Wells Mingus Mission 881 Missouri City 881 Monahans 874 Montgomery 033 Morgan's Point 101 122 Morgan's Point Resort Morton 874 Mount Pleasant 874 Mount Vernon 874 Muleshoe 874 Munday 874 Mustang 881 Nacogdoches 904 Nassau Bay 114 New Berlin 882 New Boston 001 New Braunfels 891 New Summerfield 881 092 http://www.window.state.tx.us/taxinfo/taxpubs/tx96_339.html[8/19/2014 9:05:43 AM] Temple 892 Terrell 882 Texarkana 881 Texas City 931 Three Rivers 874 Tiki Island 002 Ti m pson 111 Tolar 003 Trophy Club 892 Tye 874 Tyler 881 University Park 874 Venus 091 Vernon 874 Victoria 874 Vidor Village of the Hills Von Ormy 874 104 094 West University Place 874 Waco 874 Wake Village 001 Walnut Springs 102 Watauga 901 Waxahachie 874 Weatherford 874 Webberville 041 Webster 874 Weimer 972 Weslaco 881 West West Orange 121 133 West Tawakoni 971 Westlake 954 Wharton 874 White Settlement 874 White Oak 092 Page 307 of 321 Meeting Date: April 14, 2015 Jurisdictions That Impose Local Sales Tax on Telecommunications Services (96-339) Flower Mound 034 883 Floydada North Richland Hills 874 Forest Hill 874 Fort Stockton 874 Fort Worth 874 Fredericksburg 874 Freeport 874 Frisco 901 Fritch 081 Fulshear 112 Gainesville 874 Galveston 892 Niederwald 034 Nolanville 103 North Richland Hills 874 Nome 881 Oak Leaf 092 Oak Point 034 Oak Ridge 882 Oak Ridge North 874 Odem 881 Odessa 874 O'Donnell 904 Olney 874 Wichita Falls 881 Willow Park 874 Wimberley 082 Wills Point 881 Windthorst 891 Wink 881 Winnsboro 874 Winters 874 Wolfforth 874 Woodway 952 Woodville 874 Yorktown 893 * From January through December 2010, Bulverde imposed the tax on telecommunications services. The tax was rescinded in January 2011. Effective January 2014, the tax has been re -imposed by the city. Transit Authorities That Impose Local Sales Tax on Telecommunications Services Transit Authority Name Effective Capital Metropolitan Transportation Authority (Austin MTA) 893 Corpus Christi Regional Transit Authority (Corpus Christi RTA) 914 Dallas Area Rapid Transit (Dallas MTA) 874 Denton County Transportation Authority (Denton CTD) 044 EI Paso City Transit Department (EI Paso CTD) 911 Fort Worth Transportation Authority (Fort Worth MTA) 983 Laredo City Transit Department (Laredo CTD) E913] Counties That Impose Local Sales Tax on Telecommunications Services Town Council Page 308 of 321 http://www.window.state.tx.us/taxinfo/taxpubs/tx96_339.html[8/19/2014 9:05:43 AM] Meeting Date: April 14, 2015 County Name Effective County Name Effective County Name Effective Angelina 081 Hill 881 Rains 893 Anderson 113 Hood 041 Red River 131 Bailey 892 Hopkins 121 Runnels 882 Blanco 881 Houston 111 San Jacinto 042 Bosque 881 Kendall 954 San Saba 041 Burleson 041 Kleberg 121 Scurry 941 Cherokee 884 Lamar 124 Smith 944 Comanche 953 Leon 041 Tom Green 881 Town Council Page 308 of 321 http://www.window.state.tx.us/taxinfo/taxpubs/tx96_339.html[8/19/2014 9:05:43 AM] Meeting Date: April 14, 2015 Jurisdictions That Impose Local Sales Tax on Telecommunications Services (96-339) Special Purpose Districts That Impose Local Sales Tax on Telecommunications Services Special Purpose District Name Benbrook Library District EI Paso= 881 Blanco County South Library District Madison 041 Upshur 883 Walker 954 Washington 064 Young 041 Gillespie 881 Milam 881 Gregg 951 Morris 882 Guadalupe 901 Oldham 041 Hays 882 Parker 041 Special Purpose Districts That Impose Local Sales Tax on Telecommunications Services Special Purpose District Name Benbrook Library District Effective 004 032 063 Blanco County South Library District Blanco County North Library District Brewster County Emergency Services District No. 1 042 Bulverde Area Rural Library District 003 Burnet County Emergency Services Dstrict No. 8 142 Caldwell Hays Emergency Services District No. 1 134 Canyon Lake Community Library District 003 Chambers County Emergency Services District No. 1 112 Corral County Emergency Services District No. 1 094-101 Comal County Emergency Services District No. 3 042 Comal County Emergency Services District No. 4 094 Comal County Emergency Services District No. 5 094 Corral County Emergency Services District No. 6 Coppell Crime Control District Corinth Crime Control District 062 092 063 Corpus Christi Crime Control District 111 Deer Park Crime Control and Prevention District Deer Park Fire Control and EMS District Driftwood Economic Development Municipal Management District Dripping Springs Community Library District East Travis Gateway Library District 131 131 102 003 074 EI Paso County Emergency Services District No. 2 134 Euless Crime Control District 964 Flower Mound Crime Control District 091 Flower Mound Fire Control District 091 Forest Hill Crime Control District 023-063 Forest Hill Library District j 031 i own uounai http://www.window.state.tx.us/taxinfo/taxpubs/tx96_339.html[8/19/2014 9:05:43 AM] Nage :guy oT 621 Meeting Date: April 14, 2015 Jurisdictions That Impose Local Sales Tax on Telecommunications Services (96-339) Grand Prairie Crime Control District 082 Haltom City Crime Control District 971 Hardin County Emergency Services District No. 2 112 Harris County Emergency Services District No. 2 093 Harris County Emergency Services District No. 4 111 Harris County Emergency Services District No. 4-A 134 Harris County Emergency Services District No. 5 103 Harris County Emergency Services District No. 7 133 Harris County Emergency Services District No. 10 113 Harris County Emergency Services District No. 14 102 Harris County Emergency Services District No. 17 Harris County Emergency Services District No. 28 Harris County Emergency Services District No. 46 132 133 122 Harris County Emergency Services District No. 50 102 Harris County Emergency Services District No. 60 093 Harris County Emergency Services District No. 80 072 Hays County Emergency Services District No. 3 084 Hays County Emergency Services District No. 3-A 134 Hays County Emergency Services District No. 5 142 Hays County Emergency Services District No. 8 084 Hays County Emergency Services District No. 8-A 134 Hurst Crime Control District 971 Jeff Davis County Emergency Services District No. 1 Keller Crime Control District Lake Travis Library District Lakewood Village Municipal Development District Lewisville Crime Control District Lewisville Fire Control District 063 031 044 123 122 122 Liberty Hill Library District 041 Montgomery County Emergency Services District No. 1 134 Montgomery County Emergency Services District No. 3 132 Montgomery County Emergency Services District No. 4 101 Montgomery County Emergency Services District No. 5 103 Montgomery County Emergency Services District No. 6 122 Montgomery County Emergency Services District No. 7 073 Montgomery County Emergency Services District No. 8 121 Montgomery County Emergency Services District No. 9 073 Town Council http://www.window.state.tx.us/taxinfo/taxpubs/tx96_339.html[8/19/2014 9:05:43 AM] Page 310 of 321 Meeting Date: April 14, 2015 Jurisdictions That Impose Local Sales Tax on Telecommunications Services (96-339) Montgomery County Emergency Services District No. 12 063 Montgomery County Emergency Services District No. 12-A 084 Montgomery County Emergency Services District No. 12-B 134 Nacogdoches County Hospital District 931 North Richland Hills Crime Control District 964 Oak Point Municipal Development District 123 Orange County Emergency Services District No. 3 103 Palmhurst Crime Control District 074 Palmview Crime Control District 074 Reno Crime Control District 054 Richland Hills Crime Control District 074 River Oaks Crime Control District 971 Seabrook Crime Control District 073 Sullivan City Crime Control District 084 The Woodlands Township 031 The Woodlands Township Economic Development Zone 082 Timpson Library District Town Center Economic Development Zone No. 1 041 033 Town Center Economic Development Zone No. 2 041 Town Center Economic Development Zone No. 3 041 Town Center Economic Development Zone No. 4 072 Travis County Emergency Services District No. 2 051 Travis County Emergency Services District No. 3 043 Travis County Emergency Services District No. 4 044 Travis County Emergency Services District No. 5 083 Travis County Emergency Services District No. 5-A 083 Travis County Emergency Services District No. 6 093 Travis County Emergency Services District No. 6-A 093 Travis County Emergency Services District No. 8 094 Travis County Emergency Services District No. 8-A 134 Travis County Emergency Services District No. 11 061 Travis County Emergency Services District No. 11-A 102 Travis County Emergency Services District No. 12 124 Travis County Emergency Services District No. 12-A 134 Travis County Emergency Services District No. 14 134 Watauga Crime Control District 971 Town Council http://www.window.state.tx.us/taxinfo/taxpubs/tx96_339.html[8/19/2014 9:05:43 AM] Page 311 of 321 Meeting Date: April 14, 2015 Jurisdictions That Impose Local Sales Tax on Telecommunications Services (96-339) Wells Branch Library District 001 Westbank Library District 001 White Settlement Crime Control District 964 Williamson County Emergency Services District No. 1 134 Williamson County Emergency Services District No. 7 094 Wimberley Village Library District 051 96-339 (06/2014) Texas.gov I Statewide Search from the Texas State Library I State Link Policy I Texas Homeland Security I Texas Transparency I Report Fraud Susan Combs, Texas Comptroller • Window on State Government • Contact Us Privacy and Security Policy I Accessibility Policy I Link Policy I Public Information Act I Texas Veterans Portal I Compact with Texans Town Council http://www.window.state.tx.us/taxinfo/taxpubs/tx96_339.html[8/19/2014 9:05:43 AM] Page 312 of 321 Meeting Date: April 14, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-06 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB BY ADDING ARTICLE III, ENTITLED "TAX ON TELECOMMUNICATIONS SERVICES" TO CHAPTER 15, ENTITLED "TAXATION", TO REPEAL THE SALES TAX EXEMPTION ON TELECOMMUNICATIONS SERVICES SOLD WITHIN THE BOUNDARIES OF THE TROPHY CLUB CRIME CONTROL AND PREVENTION DISTRICT (SUCH BOUNDARIES BEING THE SAME BOUNDARIES AS THAT OF THE CORPORATE TERRITORY OF THE TOWN) AND THEREBY LEVYING A TAX ON THOSE SERVICES AT THE MAXIMUM RATE AUTHORIZED BY LAW FOR ALL OTHER LOCAL SALES AND USE TAXES; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF ARTICLE III TO CHAPTER 15 REPEALING THE EXEMPTION AND LEVYING A TAX ON TELECOMMUNICATIONS SERVICES; PROVIDING FOR THE LEVY OF THE TAX AND THE RATE; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR NOTIFICATION TO THE STATE COMPTROLLER; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 321.210 of the Texas Tax Code provides that telecommunications services are subject to the state sales tax, but are exempt from all local sales taxes; and WHEREAS, Section 322.109 of the Texas Tax Code also provides that a local government may repeal that exemption from local sales tax by ordinance; and WHEREAS, the Town of Trophy Club had previously repealed the telecommunications services tax exemption within the Town in 1989; however, with recent elections reallocating sales tax within the Town from the Economic Development Corporation 4B to the Trophy Club Crime Control and Prevention District (hereinafter "CCPD"), the sales tax exemption for telecommunications services is currently in effect for telecommunications services within the boundaries of the Crime Control and Prevention District (such boundaries being the same boundaries as the corporate territory of the Town); and WHEREAS, on August 28, 2014, the Crime Control Prevention District Directors considered the current sales tax exemption and determined that it would be beneficial to the objectives of the CCPD to recommend the repeal of the telecommunications ORD 2015-06 Town Council Page 313 of 321 Meeting Date: April 14, 2015 services sales tax exemption within the boundaries of the CCPD and to levy a sales and use tax on those services; and WHEREAS, the CCPD does not have the authority to adopt an ordinance and has therefore requested that the Trophy Club Town Council approve the repeal of sales tax exemption on telecommunications to provide additional revenues to the CCPD; and WHEREAS, the Town Council has considered the recommendation of the CCPD and has determined that the best interests of the Town and of the CCPD would be served by adopting this ordinance repealing the telecommunications sales and use tax exemption within the boundaries of the CCPD and levying a tax at the rate lawfully imposed for all other local sales and use taxes as authorized by the legislature of the State of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Chapter 15 of the Code of Ordinances of the Town of Trophy Club, entitled "Taxation" is hereby amended to add Article III, entitled "Tax on Telecommunications Services", so that Article III shall be and read in its entirety as follows: Article III. Tax on Telecommunications Services. 3.01 Telecommunications Tax Levied / Rate. A local sales and use tax is hereby authorized on all telecommunications services sold within the boundaries of the Trophy Club Crime Control and Prevention District. For purpose of this Article, the sale of telecommunications services is consummated at the location of the telephone or other telecommunications device from which the call or other communication originates. If the point of origin cannot be determined, the sale is consummated at the address to which the call or other communication is billed. The rate of the sales and use tax imposed by this Article shall be the same as that rate lawfully imposed by the Trophy Club Crime Control and Prevention District for all other local sales and use taxes as authorized by the legislature of the State of Texas, and the statutory exemption for sales and use tax on telecommunications is hereby repealed. ORD 2015-06 Town Council Page 314 of 321 Meeting Date: April 14, 2015 2 SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting sales and use tax and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. 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 the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. COMPTROLLER NOTIFICATION The Strategic Services Coordinator shall forward to the Comptroller of the State of Texas by email a signed copy of this ordinance. The sales and use tax shall be levied by the Comptroller in accordance with state law. SECTION 7. 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. ORD 2015-06 Town Council Page 315 of 321 Meeting Date: April 14, 2015 3 SECTION 8. EFFECTIVE DATE This Ordinance 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, this the 14th day of April, 2015. ATTEST: Town Secretary, Holly Fimbres Town of Trophy Club, Texas [SEAL] Town Attorney, Patricia A. Adams Town of Trophy Club, Texas ORD 2015-06 Mayor, C. Nick Sanders Town of Trophy Club, Texas [SEAL] Town Council Page 316 of 321 Meeting Date: April 14, 2015 4 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0233-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 3/30/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Town Council Liaison Updates; discussion of same: * Citizens Financial Advisory Board, April 13, 2015 Council Liaison - Mayor Pro Tem Greg Lamont Attachments: Date Ver. Action By Action Result Town Council Liaison Updates; discussion of same: * Citizens Financial Advisory Board, April 13, 2015 Council Liaison - Mayor Pro Tem Greg Lamont Town Council Page 317 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0234-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 3/30/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Town Manager Seidel's update regarding the following; Council discussion and provide input regarding same. * No Soliciting Signs * Competitive Bid for Park Services * Verizon Cellular Tower Attachments: Date Ver. Action By Action Result Town Manager Seidel's update regarding the following; Council discussion and provide input regarding same. * No Soliciting Signs * Competitive Bid for Park Services * Verizon Cellular Tower Town Council Page 318 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0235-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 3/30/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Items for Future Agendas. Attachments: Items for Future Agendas updated 4-8-2015.pdf Date Ver. Action By Action Result Items for Future Agendas. Town Council Page 319 of 321 Meeting Date: April 14, 2015 Town Council Future Agenda Items List (Updated 4/8/2015) 1. Consider and take appropriate action regarding term limits for Board and Commission members. (Rowe 7/22/2014) (1 -Oct 28 Agenda) (2 -Feb -10) (3 -May -12) 10/28/2014 — Council discussed and wants to bring back on a future agenda to discuss: • board and commission creation ordinances to amend to two year staggered terms in order provide consistency among all appointed positions, with the exception of the Parks and Recreation Board since it is a large board • consider eliminating board and commission term limits, which is currently set at six years • review handbook for appointed and elected officials for possible other changes 2/10/2015 —Approved CFAB Ordinance (Ord 2015-03) 2/24/2015 —Approved new Handbook for Elected and Appointed Officials 2. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1 -Oct 28 Agenda) (2 -Feb -10) (3 -May -12) 10/28/2014 — Council discussed and would like a plan brought back on a future agenda. 2/10/2015 — Mayor Sanders provided update including examples of Southlake signage. 3. Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1 - Nov 13) (2 -Feb -24) 6 2/24/2015 — Acting Town Manager Seidel provided update (waiting to fill vacant Planning position) 4. Consider and take appropriate action regarding policy on equipment schedule for replacement program. (Shoffner 8/26/2014) (1 -Dec 9) (2 -March 10) — 12/9/2014 — Council discussed and would like a policy brought back that encompasses a point system or measureable factors on a future agenda. 2/10/2015 — Discussed and approved CFAB projects and associated priorities. 5. Consider and take appropriate action regarding parking on Parkview and Park Lane, and options for Police Department mitigation. (Rowe 9/9/2014) (2 -April -14) 2/10/2015 — Discussed and staff will work on school and traffic counts. 6. Consider and take appropriate action regarding reviewing schedules of fees for outside baseball tournaments and capacity. (1 -March 10) — Note: Town Manager Seidel is meeting with Baseball President during the week of March 9th. 7. Consider and take appropriate action regarding the baseball contract and tournaments. (Lamont 1/13/2015) (1 -April 14) 2/10/2015 — Acting Town Manager Seidel provided update and stated staff is currently working with the associations. 8. Consider and take appropriate action regarding July 4t" festivities. (Sanders 1/13/2015) (1 - April 14) 9. Consider and take appropriate action regarding forming a committee of residents to create a site/action plan for Trophy Club Park (Shoffner 2/10/2015) - 10. Consider and take appropriate action regarding infrastructure assets being deeded over to the TCMUD No. 1. (Sanders 3/24/2015) 101 Town Council Page 320 of 321 Meeting Date: April 14, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0237-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 3/30/2015 In control: Town Council On agenda: 4/14/2015 Final action: Title: Consider and take appropriate action regarding the Executive Session. Attachments: Date Ver. Action By Action Result Consider and take appropriate action regarding the Executive Session. Town Council Page 321 of 321 Meeting Date: April 14, 2015