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Agenda Packet TC 08/25/2015 - Joint Session - Amended
Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:30 PMTuesday, August 25, 2015 AMENDED CALL TO ORDER AND ANNOUNCE A QUORUM SPECIAL SESSION JOINT MEETING WITH THE ECONOMIC DEVELOPMENT CORPORATION (EDC) 4B 1.2015-0564-T Consider and take appropriate action by EDC 4B to appoint a Treasurer/Secretary. 2.2015-0561-T Consider and take appropriate action by the Trophy Club EDC 4B regarding authorizing the issuance and sale of Trophy Club EDC 4B Sales Tax Revenue Bonds, Taxable Series 2015, in the approximate aggregate principal amount of $2,675,000; prescribing the form of said bonds; providing for the security for and payment of said bonds; approving execution and delivery of a Bond Purchase Agreement, authorizing the execution and delivery of a Paying Agent/Registrar Agreement; approving an Engagement Letter and Financial Advisory Services Agreement; approving the Official Statement; and containing other provisions relating to the subject. Staff Report - EDC 4B Bonds and Concurrent Sales Tax.pdf RES 2015-16 - EDC 4B Sales Tax Revenue Bonds.pdf Attachments: 3.2015-0562-T Consider and take appropriate action by the Trophy Club EDC 4B regarding a Concurrent Resolution providing for the collection, handling and transfer of sales tax revenues due and owing to Trophy Club EDC 4B. RES 2015-17 - EDC 4B Concurrent Sales Tax.pdfAttachments: 4.2015-0565-T Consider and take appropriate action by the Trophy Club EDC 4B regarding a Resolution of the Trophy Club EDC 4B of the Town of Trophy Club, Texas, authorizing the expenditure of corporation funds for the purchase of real estate and providing and effective date. RES 2015-18 - EDC 4B Expenditure of Funds.pdfAttachments: 5.2015-0527-T Consider and take appropriate action by Town Council of the Town of Trophy Club, Texas, regarding a Resolution approving and authorizing a project of the Trophy Club Economic Development Corporation 4B to purchase land for authorized purposes (Second Reading). Staff Report - EDC 4B Project - 2nd Reading.pdf RES 2015-12 - EDC 4B Project.pdf Attachments: Town Council Page 1 of 437 Meeting Date: August 25, 2015 August 25, 2015Town Council Meeting Agenda 6.2015-0563-T Consider and take appropriate action by Town Council of the Town of Trophy Club, Texas, regarding a Concurrent Resolution providing for the collection, handling and transfer of sales tax revenues due and owing to Trophy Club EDC 4B. RES 2015-17 - EDC 4B Concurrent Sales Tax.pdfAttachments: 7.2015-0526-T Consider and take appropriate action by Town Council of the Town of Trophy Club, Texas, regarding approving a Resolution adopted by the Board of Directors of the Trophy Club EDC 4B authorizing the issuance of Trophy Club EDC 4B Sales Tax Revenue Bonds, Taxable Series 2015; approving the issuance of the bonds and the plan of financing authorized thereby and the financing documents. RES 2015-19 - Approving Sale of EDC 4B Bonds.pdfAttachments: 8.2015-0528-T Consider and take appropriate action by Town Council of the Town of Trophy Club regarding permanent waiver with the EDC 4B from the Pool Bond Defeasance. CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:00 P.M. INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. 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. 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. 9.2015-0529-T Consider and take appropriate action regarding the Minutes dated July 28, 2015. Draft TC Minutes July 28, 2015.pdfAttachments: Town Council Page 2 of 437 Meeting Date: August 25, 2015 August 25, 2015Town Council Meeting Agenda 10.2015-0530-T Consider and take appropriate action regarding an Interlocal Joint Election Agreement between the Town and Denton County Elections for administration of the Town's November 3, 2015 Special Election; authorizing the payment of fees and authorizing the Mayor or his designee to execute all necessary documents. Draft Denton County Elections Joint Contract for November 2015 Election.pdf Denton County Elections Joint Contract Signature Page.pdf Attachments: 11.2015-0531-T Consider and take appropriate action regarding an amendment to an Interlocal Agreement between the Town and Westlake for installation of illuminated street signs; authorizing the Mayor or his designee to execute all necessary documents. Staff Report - Amended ILA for Installation of Illuminated Signs.pdf Amended ILA with Westlake for Illuminated Signs.pdf Attachments: 12.2015-0534-T Consider and take appropriate action regarding an extension to the Fiscal Year 2015 Interlocal Agreement for participation in the City of Fort Worth's Household Hazardous Waste program; and authorizing the Mayor or his designee to execute all necessary documents. Letter from City of Fort Worth for FY 2015 Household Hazardous Waste Program.pdf Second Amendment to City Secretary Contract No 45193.pdf Attachments: AMENDED - ADDED ITEM NO. 13 13.2015-0566-T Consider and take appropriate action regarding an Ordinance of the Town amending Chapter 1, “Administration,” Article VIII, “Schedule of Fees” by repealing existing Section 8.16, “Public Works for Public Improvement District No. 1” and adopting a new Section 8.16, “Public Works for Town of Trophy Club Public Improvement District No. 1” to establish fees and rates for water and wastewater services to customers within the boundaries of Trophy Club Public Improvement District (PID) No. 1; providing that MUD1 Services Rules and Policies are applicable to customers within the PID; providing for the incorporation of premises; providing a penalty not to exceed the sum of $500 for each offense; and providing an effective date. PUBLIC HEARING 14.2015-0535-T Conduct the First Public Hearing for the proposed tax rate for fiscal year October 1, 2015 to September 30, 2016, and Mayor to announce the date, time and place of the vote on the tax rate. Town Council Page 3 of 437 Meeting Date: August 25, 2015 August 25, 2015Town Council Meeting Agenda 15.2015-0553-T Conduct a Public Hearing regarding a request to rezone 5.596 acres, located in the 100 block of Trophy Wood Drive on Lot 4, Block B in the Trophy Wood Business Center, from the PD-Planned Development zoning district to the GU-Government Use zoning district, Case ZC-15-001. Staff Report - Case ZC-15-001.pdf Exhibit A - July 28, 2015 Presentation to Town Council.pdf Exhibit B - PD 33 Ordinance.pdf Exhibit C - GU-Government Use District Regulations.pdf Exhibit D - Location and Zoning Maps.pdf Exhibit E - Ordinance No. 2015-20 PZ.pdf Attachments: 16.2015-0554-T Conduct a Public Hearing regarding a request to amend Ordinance No. 2013-09, PD Planned Development District No. 32, Exhibit “B” Concept Plan, in order to amend the total common area of Lot 1A, Block J in Canterbury Hills, Phase 1A, Case PD-AMD-15-045. Staff Report - Case PD-AMD-15-045.pdf Exhibit A - Application and Materials Submitted by Applicant.pdf Exhibit B - Letter from Homeowner's Association.pdf Exhibit C - PD 32 Ordinance.pdf Exhibit D - Correspondence Received.pdf Exhibit E - Location and Zoning Maps.pdf Exhibit F - Ordinance No. 2015-21 PZ.pdf Attachments: REGULAR SESSION 17.2015-0539-T Receive public input regarding the Police and Town Hall facility; discussion of same. 18.2015-0541-T Consider and take appropriate action regarding a Resolution nominating one (1) member to serve on the Board of Managers of the Denco Area 9-1-1 District; and providing an effective date. Letter from Mark Payne, Executive Director of Denco 9-1-1 District with Attachments.pdf RES 2015-14 DENCO 911 Nomination.pdf Attachments: 19.2015-0540-T Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-37, appointing citizens to serve on the Crime Control and Prevention District (CCPD) Board, repealing Resolution No. 2014-40, filling two (2) vacancies on the CCPD Board, and adopting a new Resolution making annual appointments and filling two (2) vacancies on the CCPD Board, reaffirming existing appointments, and providing an effective date. Staff Report - CCPD Annual Appointments.pdf RES 2015-13 - CCPD Annual Appointments.pdf Attachments: 20.2015-0538-T Consider and take appropriate action regarding a Proclamation of the Town Council declaring September 2015 as Blood Cancer Awareness Month in Trophy Club. PRO 2015-13 Blood Cancer Awareness Month.pdfAttachments: Town Council Page 4 of 437 Meeting Date: August 25, 2015 August 25, 2015Town Council Meeting Agenda 21.2015-0552-T Consider and take appropriate action regarding authorizing Town Staff and Mark McLiney, with SAMCO Capital Markets (the Town’s Financial Advisor), to pursue a bond refunding regarding Public Improvement District (PID) No. 1 for interest savings, and other matters related thereto. Staff Report - PID Bond Refunding.pdf PID Refunding Preliminary Analysis.pdf Attachments: 22.2015-0555-T Consider and take appropriate action regarding an Ordinance rezoning a 5.596 acre tract of land owned by the Town and located in the 100 block of Trophy Wood Drive on Lot 4, Block B in the Trophy Wood Business Center, from the PD-Planned Development zoning district to the GU-Government Use zoning district, Case ZC-15-001. 23.2015-0556-T Consider and take appropriate action regarding an amendment to Ordinance No. 2013-09, PD Planned Development District No. 32, Exhibit “B” Concept Plan, in order to amend the total common area of Lot 1A, Block J in Canterbury Hills, Phase 1A Subdivision, Case PD-AMD-15-045. 24.2015-0557-T Consider and take appropriate action regarding a request for approval of a Site Plan for Meat-U-Anywhere B-B-Q Restaurant, Trophy Club Drive, Lot 3, The Village, Trophy Club, TX, Case SP-15-032. Staff Report - Case SP-15-032.pdf Exhibit A - Site Plan.pdf Exhibit B - PD 13 Ordinance.pdf Exhibit C - Location Map and Plat.pdf Attachments: 25.2015-0558-T Consider and take appropriate action regarding an amendment to the approved Site Plan for Lots 1 and 2, Block A, Wonderland Plaza Addition, Case SP-15-031. Staff Report - Case SP-15-031.pdf Exhibit A - Application.pdf Exhibit B - Proposed Amended Site Plan.pdf Exhibit C - Current Site Plan Approved on January 13, 2015.pdf Exhibit D - Location Map and Plat.pdf Attachments: 26.2015-0537-T Consider and take appropriate action regarding the remaining Park Bond funds. Staff Report - Park Bond Funds.pdfAttachments: 27.2015-0542-T Consider and take appropriate action regarding an Ordinance of the Town repealing Article IV, “Sign Regulations” of Chapter 5, “General Land Use” of the Code of Ordinances of the Town, and adopting a new Article IV, “Sign Regulations” of Chapter 5, “General Land Use” in order to regulate signage within the Town, providing for amendments; providing a penalty for violation not to exceed $500 per day; providing for publication; and providing an effective date. Town Council Page 5 of 437 Meeting Date: August 25, 2015 August 25, 2015Town Council Meeting Agenda 28.2015-0543-T Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-06 adopting the Municipality of Trophy Club Handbook for Elected and Appointed Officials and adopting a new Municipality of Trophy Club Handbook for Elected and Appointed Officials; and providing an effective date. RES 2015-15 - Elected and Appt Handbook Revision.pdf 2015 Handbook for Elected and Appointed Officials August 2015 Amendments.pdf Attachments: 29.2015-0544-T Consider and take appropriate action regarding an Ordinance amending Article I, “Parks And Recreation Board” of Chapter 9, “Parks and Recreation” of the Code of Ordinances of the Town of Trophy Club to amend the Introductory Paragraph of Section 1.02 in order to reduce the number of seats on the Board, to amend Subsection 1.02(3) to provide for two (2) year terms for seven (7) members, and to amend Subsection 1.02(5) to provide for Council appointment of the Board Chairperson; and providing an effective date. ORD 2015-22 - Amending Park Board Number of Members, Term Length and Chair Appointment.pdfAttachments: 30.2015-0536-T Consider and take appropriate action regarding the approval or rejection of the Trophy Club Crime Control and Prevention District (CCPD) Budget for Fiscal Year 2015-2016 submitted to the Town Council by the CCPD Board. Staff Report - CCPD Budget FY 16.pdf CCPD Five Year Forecast.pdf Attachments: AMENDED - REVISED ATTACHMENTS FOR ITEM NO. 31 31.2015-0551-T Discuss and receive update regarding Fiscal Year 2016 Budget. Revised Fiscal Year 2016 Proposed Budget.pdf Revised Changes to Proposed Budget.pdf Harmony Playground.pdf Attachments: 32.2015-0546-T Discuss and provide direction to Town Staff regarding repealing Ordinance No. 2011-01, creating the Citizen Financial Advisory Board. 33.2015-0547-T Town Council Liaison Updates; discussion of same: * Parks and Recreation Board, August 17, 2015 Council Liaison - Council Member Philip Shoffner 34.2015-0548-T Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Lakeview Soccer Fields *Human Resources Manager Town Council Page 6 of 437 Meeting Date: August 25, 2015 August 25, 2015Town Council Meeting Agenda 35.2015-0549-T Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for September 8, 2015 meeting and discussion of Future Agenda Items, to include discussion of the below items from the Future Agenda list: A) 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) (4-August 11) B) Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1-Nov 13) (2-Feb 24) (3-May 26) (4-August 11) C) Consider and take appropriate action regarding reviewing schedules of fees for outside baseball tournaments and capacity. (Lamont 12/9/2014) (1-March 10) (2 -June 9) (3-August 25) D) Discussion of possible uses of hotel occupancy tax funds, including the ability to use the funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14) E) Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July 28) F) Review of ordinance to allow golf carts but not including special vehicles. (Sanders 4/28/2015) (1-July 28) G) Review the overnight parking permit and review allowing an extended temporary permit. (Sanders 5/26/2015) (1-August 25) H) Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25) I) Town Staff research and present options for the Town to purchase the clock tower and the land around it. (Reed 5/26/2015) (1-August 25) September 8, 2015 Upcoming Agenda.pdf Items for Future Agendas updated 8-18-2015.pdf Attachments: EXECUTIVE SESSION 36.2015-0560-T Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071(1) Consultation with Attorney regarding pending or contemplated litigation and Section 551.071(2) “Consultation with Attorney” in order to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Legal Advice regarding litigation threatened against the Town by Trophy Club Municipal Utility District No. 1 relative to the Wastewater Treatment Facility RECONVENE INTO REGULAR SESSION AMENDED - ADDED ATTACHMENTS TO ITEM NO. 37 Town Council Page 7 of 437 Meeting Date: August 25, 2015 August 25, 2015Town Council Meeting Agenda 37.2015-0559-T Consider and take appropriate action regarding the Executive Session. tcmud1.ltr.adams.wwtp protest and litigation.8.17.15.pdf tcmud1.ltr.adams.wwtp.OFFER.8.19.15.pdf Picture1.pdf 23710D SURVEY.pdf Notice to Town of TC of Sewer Suspension 082015.pdf Attachments: ADJOURN * 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 August 21, 2015, by 6:30 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 8 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0564-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/19/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action by EDC 4B to appoint a Treasurer/Secretary. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action by EDC 4B to appoint a Treasurer/Secretary. Town Council Page 9 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0561-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/19/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action by the Trophy Club EDC 4B regarding authorizing the issuance and sale of Trophy Club EDC 4B Sales Tax Revenue Bonds, Taxable Series 2015, in the approximate aggregate principal amount of $2,675,000; prescribing the form of said bonds; providing for the security for and payment of said bonds; approving execution and delivery of a Bond Purchase Agreement, authorizing the execution and delivery of a Paying Agent/Registrar Agreement; approving an Engagement Letter and Financial Advisory Services Agreement; approving the Official Statement; and containing other provisions relating to the subject. Attachments:Staff Report - EDC 4B Bonds and Concurrent Sales Tax.pdf RES 2015-16 - EDC 4B Sales Tax Revenue Bonds.pdf Action ByDate Action ResultVer. Consider and take appropriate action by the Trophy Club EDC 4B regarding authorizing the issuance and sale of Trophy Club EDC 4B Sales Tax Revenue Bonds, Taxable Series 2015, in the approximate aggregate principal amount of $2,675,000; prescribing the form of said bonds; providing for the security for and payment of said bonds; approving execution and delivery of a Bond Purchase Agreement, authorizing the execution and delivery of a Paying Agent/Registrar Agreement; approving an Engagement Letter and Financial Advisory Services Agreement; approving the Official Statement; and containing other provisions relating to the subject. Town Council Page 10 of 437 Meeting Date: August 25, 2015 To: Mayor and Town Council and EDC 4B Board From: Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: EDC 4B Bond Sale and Concurrent Sales Tax Town Council Meeting, August 25, 2015 Agenda Items: 1. Consider and take appropriate action by the Trophy Club EDC 4B regarding authorizing the issuance and sale of Trophy Club EDC 4B Sales Tax Revenue Bonds, Taxable Series 2015, in the approximate aggregate principal amount of $2,675,000; prescribing the form of said bonds; providing for the security for and payment of said bonds; approving execution and delivery of a Bond Purchase Agreement, authorizing the execution and delivery of a Paying Agent/Registrar Agreement; approving an Engagement Letter and Financial Advisory Services Agreement; approving the Official Statement; and containing other provisions relating to the subject. 2. Consider and take appropriate action by the Trophy Club EDC 4B regarding a Concurrent Resolution providing for the collection, handling and transfer of sales tax revenues due and owing to Trophy Club EDC 4B. 3. Consider and take appropriate action by the Trophy Club EDC 4B regarding a Resolution of the Trophy Club EDC 4B of the Town of Trophy Club, Texas, authorizing the expenditure of corporation funds for the purchase of real estate and providing and effective date. 4. Consider and take appropriate action by Town Council of the Town of Trophy Club, Texas, regarding a Concurrent Resolution providing for the collection, handling and transfer of sales tax revenues due and owing to Trophy Club EDC 4B. 5. Consider and take appropriate action by Town Council of the Town of Trophy Club, Texas, regarding approving a Resolution adopted by the Board of Directors of the Trophy Club EDC 4B authorizing the issuance of Trophy Club EDC 4B Sales Tax Revenue Bonds, Taxable Series 2015; approving the issuance of the bonds and the plan of financing authorized thereby and the financing documents. Explanation: The EDC 4B board and Town Council have worked jointly since June 1, 2015 on a project to purchase land for authorized purposes within the Trophy Wood District. Since then staff advertised notice of the project on June 19th which triggered a sixty day waiting period for final Town Council Page 11 of 437 Meeting Date: August 25, 2015 approval of the project. The EDC 4B board had a public hearing regarding the project on July 6th. At the August 11th Council meeting, Council approved a first reading of resolution approving the project. At the August 25th meeting, which is after the sixty day waiting period, a second and final approval of a resolution approving the project is proposed along with approval of resolutions approving the sale of EDC 4B bonds and concurrent sales tax. Attachments: • Resolution No. 2015-16 • Resolution No. 2015-17 • Resolution No. 2015-18 • Resolution No. 2015-19 Recommendation: Staff recommends approval of the resolutions to approve the sale of EDC 4B bonds and the resolutions to approve concurrent sales tax. Town Council Page 12 of 437 Meeting Date: August 25, 2015 RESOLUTION AUTHORIZING TROPHY CLUB 4B ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE BONDS, TAXABLE SERIES 2015 Dated: September 1, 2015 Adopted: August 25, 2015 #4937609.1 Town Council Page 13 of 437 Meeting Date: August 25, 2015 TABLE OF CONTENTS Page Parties ...............................................................................................................................................1 ARTICLE I DEFINITIONS AND OTHER PRELIMINARY MATTERS Section 1.01. Definitions..............................................................................................................2 Section 1.02. Other Definitions ...................................................................................................5 Section 1.03. Findings..................................................................................................................5 Section 1.04. Table of Contents, Titles and Headings .................................................................5 Section 1.05. Interpretation ..........................................................................................................5 ARTICLE II SECURITY FOR THE BONDS Section 2.01. Confirmation and Levy of Sales Tax .....................................................................5 Section 2.02. Pledge .....................................................................................................................6 Section 2.03. Resolution as Security Agreement .........................................................................6 ARTICLE III AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE BONDS Section 3.01. Authorization .........................................................................................................7 Section 3.02. Date, Denomination, Maturities, Numbers and Interest ........................................7 Section 3.03. Medium, Method and Place of Payment ................................................................8 Section 3.04. Execution and Initial Registration .........................................................................9 Section 3.05. Ownership ............................................................................................................10 Section 3.06. Registration, Transfer and Exchange ...................................................................10 Section 3.07. Cancellation and Authentication ..........................................................................11 Section 3.08. Temporary Bonds.................................................................................................12 Section 3.09. Replacement Bonds .............................................................................................12 Section 3.10. Book-Entry Only System .....................................................................................13 Section 3.11. Successor Securities Depository; Transfer Outside .............................................14 Section 3.12. Payments to Cede & Co .......................................................................................14 ARTICLE IV REDEMPTION OF BONDS BEFORE MATURITY Section 4.01. Limitation on Redemption ...................................................................................14 Section 4.02. Optional Redemption ...........................................................................................15 (i) #4937609.1 Town Council Page 14 of 437 Meeting Date: August 25, 2015 Section 4.03. Mandatory Sinking Fund Redemption .................................................................15 Section 4.04. Partial Redemption...............................................................................................15 Section 4.05. Notice of Redemption to Owners ........................................................................16 Section 4.06. Payment Upon Redemption .................................................................................16 Section 4.07. Effect of Redemption ...........................................................................................16 Section 4.08. Conditional Notice of Redemption ......................................................................17 ARTICLE V PAYING AGENT/REGISTRAR Section 5.01. Appointment of Initial Paying Agent/Registrar. ..................................................17 Section 5.02. Qualifications .......................................................................................................17 Section 5.03. Maintaining Paying Agent/Registrar ...................................................................17 Section 5.04. Termination ..........................................................................................................18 Section 5.05. Notice of Change .................................................................................................18 Section 5.06. Agreement to Perform Duties and Functions.......................................................18 Section 5.07. Delivery of Records to Successor ........................................................................18 ARTICLE VI FORM OF THE BONDS Section 6.01. Form Generally ....................................................................................................18 Section 6.02. Form of Bonds .....................................................................................................19 Section 6.03. CUSIP Registration ..............................................................................................24 Section 6.04. Legal Opinion ......................................................................................................24 Section 6.05. Municipal Bond Insurance ...................................................................................25 ARTICLE VII SALE OF THE BONDS; CONTROL AND DELIVERY OF THE BONDS Section 7.01. Sale of Bonds, Official Statement ........................................................................25 Section 7.02. Control and Delivery of Bonds ............................................................................26 ARTICLE VIII FUNDS AND ACCOUNTS, INITIAL DEPOSITS AND APPLICATION OF MONEY Section 8.01. Creation of Funds .................................................................................................26 Section 8.02. Deposit of Proceeds .............................................................................................27 Section 8.03. Sales Tax Revenue Fund ......................................................................................28 Section 8.04. Debt Service Fund................................................................................................28 Section 8.05. Reserve Fund .......................................................................................................29 Section 8.06. Deficiencies in Funds ...........................................................................................29 (ii) #4937609.1 Town Council Page 15 of 437 Meeting Date: August 25, 2015 Section 8.07. Security of Funds .................................................................................................31 Section 8.08. Investments ..........................................................................................................31 Section 8.09. Investment Income ...............................................................................................31 ARTICLE IX ADDITIONAL OBLIGATIONS Section 9.01. Issuance of Superior Lien Obligations Prohibited ...............................................31 Section 9.02. Issuance of Additional Parity Obligations Authorized ........................................32 ARTICLE X PARTICULAR REPRESENTATIONS AND COVENANTS Section 10.01. Pledged Funds and Pledged Revenues .................................................................33 Section 10.02. Accounts, Periodical Reports and Certificates .....................................................33 Section 10.03. General .................................................................................................................33 Section 10.04. Repeal of Power to Collect Sales Tax..................................................................33 Section 10.05. Payment of the Bonds ..........................................................................................34 ARTICLE XI DEFAULT AND REMEDIES Section 11.01. Events of Default .................................................................................................34 Section 11.02. Remedies for Default ...........................................................................................34 Section 11.03. Remedies Not Exclusive ......................................................................................34 ARTICLE XII DISCHARGE Section 12.01. Discharge .............................................................................................................35 ARTICLE XIII LAPSE OF PAYMENT Section 13.01. Lapse of Payment .................................................................................................35 ARTICLE XIV CONTINUING DISCLOSURE UNDERTAKING Section 14.01. Continuing Disclosure Agreement .......................................................................35 Section 14.02. Annual Reports. ...................................................................................................36 Section 14.03. Disclosure Event Notices. ....................................................................................36 (iii) #4937609.1 Town Council Page 16 of 437 Meeting Date: August 25, 2015 Section 14.04. Limitations, Disclaimers and Amendments .........................................................37 ARTICLE XV AMENDMENTS Section 15.01. Amendments ........................................................................................................39 Section 15.02. Attorney General Modification ............................................................................39 Signatures .......................................................................................................................................40 Exhibit A - Description of Annual Disclosure of Financial Information ................................... A-1 (iv) #4937609.1 Town Council Page 17 of 437 Meeting Date: August 25, 2015 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TROPHY CLUB 4B ECONOMIC DEVELOPMENT CORPORATION, AUTHORIZING THE ISSUANCE AND SALE OF TROPHY CLUB 4B ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE BONDS, TAXABLE SERIES 2015, IN THE AGGREGATE PRINCIPAL AMOUNT OF $___________; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID BONDS; APPROVING EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT, AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT; APPROVING AN ENGAGEMENT LETTER AND FINANCIAL ADVISORY SERVICES AGREEMENT; APPROVING THE OFFICIAL STATEMENT; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT WHEREAS, the Trophy Club 4B Economic Development Corporation (the “Corporation”) is a non-profit industrial development corporation created, existing and governed by Chapters 501, 502 and 505, Texas Local Government Code, as amended (the “Act”); and WHEREAS, pursuant to the authority granted in the Act, the Town of Trophy Club, Texas (the “Town”) has levied a Sales Tax (as defined herein) in the amount of ½ of one cent for the benefit of the Corporation, to be used exclusively for the purposes set forth in the Act; and WHEREAS, the Corporation is authorized by the Act to issue its revenue bonds, to be secured by and payable from all or a portion of such Sales Tax, in the manner and for the purposes hereinafter provided; and WHEREAS, from Gross Sales Tax Revenues (as defined herein), and for so long as the Bonds remain outstanding, the Corporation will dedicate such Gross Sales Tax Revenues to the payment of the Bonds; and WHEREAS, the Corporation desires to acquire land within the Town to be used to promote new or expanded business enterprises including sports, athletic, entertainment, tourist, convention, and public park purposes and events, and any other purpose authorized by the Act, including but not limited to land, buildings, equipment, facilities, and improvements required or suited for public safety facilities, streets, roads, drainage and related improvements, general municipal improvements and other projects that promote or develop new or expanded business enterprises, professional and amateur (including children’s) sports, athletic, entertainment, tourist, convention and public park purposes and events, including stadiums, ballparks, auditoriums, amphitheaters, concert halls, learning centers, parks facilities and open space improvements, municipal buildings, museums, exhibit facilities and related stores, restaurants, concessions, parking and transportation facilities, and water and sewer facilities, which are all authorized projects pursuant to the Act (the “Project”); and #4937609.1 Town Council Page 18 of 437 Meeting Date: August 25, 2015 WHEREAS, the Corporation hereby finds and determines that the issuance and delivery of the bonds hereinafter authorized is in the public interest and the use of the proceeds in the manner herein specified constitutes a valid public purpose; and WHEREAS, it is officially found, determined, and declared that the meeting at which this Resolution has been adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including this Resolution, was given, all as required by the applicable provisions of Chapter 551, Texas Government Code, as amended; Now, Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE TROPHY CLUB 4B ECONOMIC DEVELOPMENT CORPORATION: ARTICLE I DEFINITIONS AND OTHER PRELIMINARY MATTERS Section 1.01. Definitions. Unless otherwise expressly provided or unless the context clearly requires otherwise, in this Resolution the following terms shall have the meanings specified below: “Additional Parity Obligations” means those obligations the Corporation reserves the right to issue on a parity with the Bonds herein authorized, in accordance with the terms and conditions prescribed in Section 9.02 hereof. “Authorized Officer” means the President, Vice President, or Secretary of the Corporation or any other officer or employee of the Corporation, or any other person authorized to perform specific acts or duties by the Board or its bylaws. “Board” means the Board of Directors of the Corporation. “Bond” means any of the Bonds. “Bonds” means the Corporation’s bonds entitled “Trophy Club 4B Economic Development Corporation Sales Tax Revenue Bonds, Taxable Series 2015” authorized to be issued by Section 3.01 of this Resolution. “Closing Date” means the date of the initial delivery of and payment for the Bonds. “Code” means the Internal Revenue Code of 1986, as amended, including applicable regulations, published rulings and court decisions relating thereto. “Comptroller” means the Comptroller of Public Accounts of the State of Texas and any successor officer or official that may be charged by law with the duty of collecting Gross Sales Tax Revenues for the account of, and remitting the same to, the Town for the account of the Corporation. - 2 - #4937609.1 Town Council Page 19 of 437 Meeting Date: August 25, 2015 “Corporation Order” means a written order signed in the name of the Corporation by an Authorized Officer and delivered to the Paying Agent, or another party hereunder. “Debt Service Fund” means the debt service fund established by Section 8.01 of this Resolution. “Designated Payment/Transfer Office” means (i) with respect to the initial Paying Agent/Registrar named herein, its corporate trust office in Dallas, Texas, and (ii) with respect to any successor Paying Agent/Registrar, the office of such successor designated and located as may be agreed upon by the Corporation and such successor. “DTC” means The Depository Trust Company of New York, New York, or any successor securities depository. “DTC Participant” means brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants. “Emma” means the Electronic Municipal Market Access System. “Event of Default” means any Event of Default as defined in Section 11.01 of this Resolution. “Fiscal Year” means October 1 through September 30. “Gross Sales Tax Revenues” means all of the revenues due or owing to, or collected or received by or on behalf of the Corporation, whether by the Town or otherwise from or by reason of the levy of the Sales Tax and pursuant to the Sales Tax Collection Resolution, less any amounts due or owing to the Comptroller as charges for collection or retentions by the Comptroller for refunds and to redeem dishonored checks and drafts, to the extent such charges and retention are authorized or required by law. “Initial Bond” means the Bond described in Section 3.04(d) and 6.02(d). “Interest Payment Date” means the date or dates upon which interest on the Bonds is scheduled to be paid until the maturity of the Bonds, such dates being September 1 and March 1 of each year commencing March 1, 2016. “MSRB” means the Municipal Securities Rulemaking Board. “Original Issue Date” means the date of delivery of the Bonds to the Underwriters. “Owner” means the person who is the registered owner of a Bond or Bonds, as shown in the Register. “Parity Revenue Obligations” means the Bonds and Additional Parity Obligations. - 3 - #4937609.1 Town Council Page 20 of 437 Meeting Date: August 25, 2015 “Paying Agent/Registrar” means BOKF, N.A. or any successor thereto or an entity which is appointed as and assumes the duties of paying agent/registrar as provided in this Resolution. “Pledged Funds” means collectively (a) amounts on deposit in the Sales Tax Revenue Fund, (b) amounts on deposit in the Debt Service Fund, (c) amounts on deposit in the Reserve Fund, together with any investments or earnings belonging to said funds, and (d) any additional revenues, other moneys or funds of the Corporation which heretofore have been or hereafter may be expressly and specifically pledged to the payment of the Parity Revenue Obligations. “Pledged Revenues” means (a) Gross Sales Tax Revenues from time to time deposited or owing to the Sales Tax Revenue Fund, and (b) such other money, income, revenues or other property which the Corporation may expressly and specifically pledge to the payment of Parity Revenue Obligations. “Projects” means all properties, including land, buildings, and equipment of the types added to the definition of “projects” by the Act that are approved by the Board as necessary and appropriate to fulfill and carry out the purposes of the Corporation. “Record Date” means the 15th business day of the month next preceding an Interest Payment Date. “Register” means the Register specified in Section 3.06(a) of this Resolution. “Representation Letter” means the Blanket Letter of Representations with respect to the Bonds between the Corporation and DTC. “Required Reserve” means the amount required to be maintained in the Reserve Fund pursuant to Section 8.05(a). “Reserve Fund” means the reserve fund established by Section 8.01 of this Resolution. “Reserve Fund Surety Bond” means any surety bond or insurance policy having a rating in the two highest respective rating categories by Moody’s Investors Service, Inc. or Standard & Poor’s, Ratings Services, a Standard & Poor’s Financial Service LLC business, issued to the Corporation for the benefit of the Owners of the Bonds to satisfy any part of the Required Reserve as provided in Section 8.05(d) of this Resolution. “Resolution” means this Resolution. “Rule” means SEC Rule 15c2-12, as amended from time to time. “Sales Tax” means the ½ of one cent local sales and use tax authorized under the Act and heretofore authorized and levied by the Town within its existing boundaries, and hereafter required to be levied and collected within any expanded areas included within the Town pursuant to the Act, together with any increases in the rate thereof if provided and authorized by applicable law. - 4 - #4937609.1 Town Council Page 21 of 437 Meeting Date: August 25, 2015 “Sales Tax Collection Resolution” means that certain resolution adopted concurrently by the Board and the governing body of the Town, bearing that name. “Sales Tax Revenue Fund” means the special fund so designated in Section 8.01 hereof. “SEC” means the United States Securities and Exchange Commission. “Special Payment Date” means the Special Payment Date prescribed by Section 3.03(b) of this Resolution. “Special Record Date” means the Special Record Date prescribed by Section 3.03(b) of this Resolution. “Unclaimed Payments” means money deposited with the Paying Agent/Registrar for the payment of the principal of or interest on the Bonds as the same come due and payable and remaining unclaimed by the Owners of Bonds for 90 days after the applicable payment or redemption date. “Underwriter” means Raymond James. Section 1.02. Other Definitions. The terms “Act,” “Corporation” and “Town” shall have the respective meanings assigned in the preamble to this Resolution. Section 1.03. Findings. The declarations, determinations and findings declared, made and found in the preamble to this Resolution are hereby adopted, restated and made a part of the operative provisions hereof. Section 1.04. Table of Contents, Titles and Headings. The table of contents, titles and headings of the Articles and Sections of this Resolution have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof and shall never be considered or given any effect in construing this Resolution or any provision hereof or in ascertaining intent, if any question of intent should arise. Section 1.05. Interpretation. (a) Unless the context requires otherwise, words of the masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. (b) This Resolution and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein to sustain the validity of this Resolution. ARTICLE II SECURITY FOR THE BONDS Section 2.01. Confirmation and Levy of Sales Tax. (a) The Corporation hereby confirms the earlier levy by the Town of the Sales Tax at the rate voted at the election held by - 5 - #4937609.1 Town Council Page 22 of 437 Meeting Date: August 25, 2015 and within the Town on November 6, 2012 and the Corporation hereby warrants and represents that the Town has duly and lawfully ordered the imposition and collection of the Sales Tax upon all sales, uses and transactions as are permitted by and described in the Act throughout the boundaries of the Town as such boundaries existed on the date of said election and as they may be expanded from time to time. (b) For so long as any Parity Revenue Obligations are outstanding, the Corporation covenants, agrees and warrants to take and pursue all action permissible under applicable law to cause the Sales Tax, at said rate to be levied and collected continuously, in the manner and to the maximum extent permitted by applicable law, and to cause no reduction, abatement or exemption in the Sales Tax or rate of tax below the rate stated, confirmed and ordered in subsection (a) of this Section to be ordered or permitted so long as any Parity Revenue Obligations shall remain outstanding. (c) If the Town shall be authorized hereafter by applicable law to apply, impose and levy the Sales Tax on any taxable items or transactions that are not subject to the Sales Tax on the date of the adoption hereof, the Corporation, to the extent it legally may do so, hereby covenants and agrees to use its best efforts to cause the Town to take such action as may be required by applicable law to subject such taxable items or transactions to the Sales Tax. (d) The Corporation agrees to take and pursue all action permissible under applicable law to cause the Sales Tax to be collected and remitted and deposited as herein required and as required by the Act, at the earliest and most frequent times permitted by applicable law. (e) The Corporation agrees and covenants at all times, and to use its best efforts to cause the Town, to comply with the Sales Tax Collection Resolution. Section 2.02. Pledge. The Corporation hereby irrevocably pledges (a) the Pledged Revenues, and (b) the Pledged Funds (i) to the payment of the principal of, and the interest and any premiums on, all Parity Revenue Obligations which are or may be outstanding from time to time, and (ii) to the establishment and maintenance of the Reserve Fund. (a) The provisions, covenants, pledge and lien on and against the Pledged Revenues and the Pledged Funds, as herein set forth, are established and shall be for the equal benefit, protection and security of the Owners of the Parity Revenue Obligations without distinction as to priority and rights. (b) The Parity Revenue Obligations, including interest payable thereon, shall constitute special obligations of the Corporation, payable solely from and secured by a first lien on and pledge of the Pledged Revenues and Pledged Funds, and not from any other revenues, properties or income of the Corporation. Parity Revenue Obligations shall not constitute debts or obligations of the State or of the Town, and the Owners of the Parity Revenue Obligations shall never have the right to demand payment out of any funds raised or to be raised by ad valorem taxation. Section 2.03. Resolution as Security Agreement. (a) An executed copy of this Resolution shall constitute a security agreement pursuant to applicable law, with the Owners as the secured parties. The lien, pledge, and security interest of the Owners created in this - 6 - #4937609.1 Town Council Page 23 of 437 Meeting Date: August 25, 2015 Resolution shall become effective immediately upon the Closing Date of the Bonds, and the same shall be continuously effective for so long as any Bonds are outstanding. (b) A fully executed copy of this Resolution and the proceedings authorizing it shall be filed as a security agreement among the permanent records of the Corporation. Such records shall be open for inspection to any member of the general public and to any person proposing to do or doing business with, or asserting claims against, the Corporation, at all times during regular business hours. (c) The provisions of this section are prescribed pursuant to the Act, the Texas Public Securities Procedures Act (Texas Government Code, Chapter 1201, as amended), and other applicable laws of the State. If any other applicable law, in the opinion of counsel to the Corporation, requires any filing or other action additional to the filing pursuant to this section in order to preserve the priority of the lien, pledge, and security interest of the Owners created by this Resolution, the Corporation shall diligently make such filing or take such other action to the extent required by law to accomplish such result. ARTICLE III AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE BONDS Section 3.01. Authorization. The Corporation’s bonds to be designated “Trophy Club 4B Economic Development Corporation Sales Tax Revenue Bonds, Taxable Series 2015,” are hereby authorized to be issued and delivered in accordance with the laws of the State of Texas, particularly Chapters 501, 502 and 505, Texas Local Government Code, as amended in the aggregate principal amount of $___________ for the purpose of (i) acquiring land within the Town to be used to promote new or expanded business enterprises including sports, athletic, entertainment, tourist, convention, and public park purposes and events, and any other purpose authorized by the Act, including but not limited to land, buildings, equipment, facilities, and improvements required or suited for public safety facilities, streets, roads, drainage and related improvements, general municipal improvements and other projects that promote or develop new or expanded business enterprises, professional and amateur (including children’s) sports, athletic, entertainment, tourist, convention and public park purposes, including stadiums, ballparks, auditoriums, amphitheaters, concert halls, municipal buildings, museums, exhibit facilities and related stores, restaurants, concessions, parking and transportation facilities, and water and sewer facilities (the “Project”), (ii) funding a debt service reserve fund and (iii) paying the costs of issuing the Bonds. Section 3.02. Date, Denomination, Maturities, Numbers and Interest. (a) The Bonds shall be dated September 1, 2015, shall be in fully registered form, without coupons, in the denomination of $5,000 or any integral multiple thereof, and shall be numbered separately from one upward or such other designation acceptable to the Corporation and the Paying Agent/Registrar, except the Initial Bond, which shall be numbered T-1. - 7 - #4937609.1 Town Council Page 24 of 437 Meeting Date: August 25, 2015 (b) The Bonds shall mature on September 1 in the years and in the principal amounts set forth in the following schedule: Serial Bonds Year Principal Amount Interest Rate Year Principal Amount Interest Rate 2016 2029 2017 2030 2018 2031 2019 2032 2020 2033 2021 2034 2022 2035 2023 2036 2024 2037 2025 2038 2026 2039 2027 2040 2028 Term Bonds Year Principal Amount Interest Rate 20__ $_________ ______% (c) Interest shall accrue and be paid on each Bond respectively until the principal of such Bond shall have been paid or provision for such payment shall have been made, from the later of the Original Issue Date or the most recent Interest Payment Date to which interest has been paid or provided for at the rate per annum for each respective maturity specified in the schedule contained in subsection (b) above. Such interest shall be payable semiannually on September 1 and March 1 of each year, commencing March 1, 2016, computed on the basis of a 360-day year of twelve 30-day months. Section 3.03. Medium, Method and Place of Payment. (a) The principal of, premium, if any, and interest on the Bonds shall be paid in lawful money of the United States of America as provided in this Section. (b) Interest on the Bonds shall be payable to the Owners whose names appear in the Register at the close of business on the Record Date; provided, however, that in the event of nonpayment of interest on a scheduled Interest Payment Date, and for 30 days thereafter, a new record date for such interest payment (a “Special Record Date”) will be established by the Paying Agent/Registrar if and when funds for the payment of such interest have been received from the Corporation. Notice of the Special Record Date and of the scheduled payment date of - 8 - #4937609.1 Town Council Page 25 of 437 Meeting Date: August 25, 2015 the past due interest (the “Special Payment Date,” which shall be at least 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Owner of a Bond appearing on the books of the Paying Agent/Registrar at the close of business on the last business day next preceding the date of mailing of such notice. (c) Interest on the Bonds shall be paid by check (dated as of the Interest Payment Date) and sent by the Paying Agent/Registrar to the person entitled to such payment, United States mail, first class postage prepaid, to the address of such person as it appears in the Register or by such other customary banking arrangements acceptable to the Paying Agent/Registrar and the person to whom interest is to be paid; provided, however, that such person shall bear all risk and expenses of such other customary banking arrangements. (d) The principal of each Bond shall be paid to the person in whose name such Bond is registered on the due date thereof (whether at the maturity date or the date of prior redemption thereof) upon presentation and surrender of such Bond at the Designated Payment/Transfer Office. (e) If a date for the payment of the principal of or interest on the Bonds is a Saturday, Sunday, legal holiday, or a day on which banking institutions in the Town in which the Designated Payment/Transfer Office is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday, or day on which such banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. (f) Subject to any applicable escheat, unclaimed property, or similar law, including Title 6 of the Texas Property Code, Unclaimed Payments remaining unclaimed by the Owners entitled thereto for three years after the applicable payment or redemption date shall be paid to the Corporation and thereafter neither the Corporation, the Paying Agent/Registrar, nor any other person shall be liable or responsible to any Owners of such Bonds for any further payment of such unclaimed moneys or on account of any such Bonds. Section 3.04. Execution and Initial Registration. (a) The Bonds shall be executed on behalf of the Corporation by the President and Secretary of the Corporation, by their manual or facsimile signatures. Such facsimile signatures on the Bonds shall have the same effect as if each of the Bonds had been signed manually and in person by each of said officers. (b) In the event that any officer of the Corporation whose manual or facsimile signature appears on the Bonds ceases to be such officer before the authentication of such Bonds or before the delivery thereof, such manual or facsimile signature nevertheless shall be valid and sufficient for all purposes as if such officer had remained in such office. (c) Except as provided below, no Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit of this Resolution unless and until there appears thereon the Certificate of Paying Agent/Registrar substantially in the form provided in this Resolution, duly authenticated by manual execution of the Paying Agent/Registrar. It shall not be required that the same authorized representative of the Paying Agent/Registrar sign the Certificate of Paying - 9 - #4937609.1 Town Council Page 26 of 437 Meeting Date: August 25, 2015 Agent/Registrar on all of the Bonds. In lieu of the executed Certificate of Paying Agent/Registrar described above, the Initial Bond delivered on the Closing Date shall have attached thereto the Comptroller’s Registration Certificate substantially in the form provided in this Resolution, manually executed by the Comptroller of Public Accounts of the State of Texas or by his duly authorized agent, which certificate shall be evidence that the Initial Bond has been duly approved by the Attorney General of the State of Texas and that it is a valid and binding obligation of the Corporation, and has been registered by the Comptroller. (d) On the Closing Date, one Initial Bond representing the entire principal amount of the Bonds, payable in stated installments to the Underwriter or its designee, executed by manual or facsimile signature of the President and Secretary of the Corporation, approved by the Attorney General of Texas, and registered and manually signed by the Comptroller of Public Accounts of the State of Texas, will be delivered to the Underwriter or its designee. Upon payment for the Initial Bond, the Paying Agent/Registrar shall cancel the Initial Bond and deliver registered definitive Bonds to DTC in accordance with Section 3.10 hereof. Section 3.05. Ownership. (a) The Corporation, the Paying Agent/Registrar and any other person may treat the person in whose name any Bond is registered as the absolute owner of such Bond for the purpose of making and receiving payment of the principal thereof and premium, if any, thereon, for the further purpose of making and receiving payment of the interest thereon (subject to the provisions herein that interest is to be paid to the person in whose name the Bond is registered on the Record Date), and for all other purposes, whether or not such Bond is overdue, and neither the Corporation nor the Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary. (b) All payments made to the person deemed to be the Owner of any Bond in accordance with this Section shall be valid and effectual and shall discharge the liability of the Corporation and the Paying Agent/Registrar upon such Bond to the extent of the sums paid. Section 3.06. Registration, Transfer and Exchange. (a) So long as any Bonds remain outstanding, the Corporation shall cause the Paying Agent/Registrar to keep at the Designated Payment/Transfer Office a register (the “Register”) in which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall provide for the registration and transfer of Bonds in accordance with this Resolution. (b) The ownership of a Bond may be transferred only upon the presentation and surrender of the Bond at the Designated Payment/Transfer Office of the Paying Agent/Registrar with such endorsement or other evidence of transfer as is acceptable to the Paying Agent/Registrar. No transfer of any Bond shall be effective until entered in the Register. (c) The Bonds shall be exchangeable upon the presentation and surrender thereof at the Designated Payment/Transfer Office of the Paying Agent/Registrar for a Bond or Bonds of the same maturity and interest rate and in any denomination or denominations of any integral multiple of $5,000 and in an aggregate principal amount equal to the unpaid principal amount of the Bonds presented for exchange. The Paying Agent/Registrar is hereby authorized to authenticate and deliver Bonds exchanged for other Bonds in accordance with this Section. - 10 - #4937609.1 Town Council Page 27 of 437 Meeting Date: August 25, 2015 (d) Each exchange Bond delivered by the Paying Agent/ Registrar in accordance with this Section shall constitute an original contractual obligation of the Corporation and shall be entitled to the benefits and security of this Resolution to the same extent as the Bond or Bonds in lieu of which such exchange Bond is delivered. (e) No service charge shall be made to the Owner for the initial registration, subsequent transfer, or exchange for any different denomination of any of the Bonds. The Paying Agent/Registrar, however, may require the Owner to pay a sum sufficient to cover any tax or other governmental charge that is authorized to be imposed in connection with the registration, transfer or exchange of a Bond. (f) Neither the Corporation nor the Paying Agent/Registrar shall be required to issue, transfer, or exchange any Bond called for redemption, in whole or in part, where such redemption is scheduled to occur within forty-five (45) calendar days after the transfer or exchange date; provided, however, such limitation shall not be applicable to an exchange by the Owner of the uncalled principal balance of a Bond. Section 3.07. Cancellation and Authentication. (a) All Bonds paid or redeemed before scheduled maturity in accordance with this Resolution, and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered in accordance with this Resolution, shall be cancelled and destroyed upon the making of proper records regarding such payment, redemption, exchange or replacement. The Paying Agent/Registrar shall dispose of the cancelled Bonds in accordance with the Securities Exchange Act of 1934. (b) Each substitute or replacement Bond issued pursuant to the provisions of Sections 3.06 and 3.09 of this Resolution, in conversion of and exchange for or replacement of any Bond or Bonds issued under this Resolution, shall have printed thereon a Paying Agent/Registrar’s Authentication Certificate, in the form hereinafter set forth. An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, manually sign and date such Certificate, and no such Bond shall be deemed to be issued or outstanding unless such Certificate is so executed. No additional ordinances, orders, or resolutions need be passed or adopted by the Corporation, the governing body of the Town, or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be of customary type and composition and be printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to the Texas Public Securities Procedures Act (Texas Government Code, Chapter 1201, as amended), and particularly Subchapter D thereof, the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar’s Authentication Certificate, the converted and exchanged or replaced Bonds shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Bond which was originally delivered pursuant to this Resolution, approved by the Attorney General, and registered by the Comptroller of Public Accounts. (c) Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the - 11 - #4937609.1 Town Council Page 28 of 437 Meeting Date: August 25, 2015 principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the Form of Bonds set forth in this Resolution. Section 3.08. Temporary Bonds. (a) Following the delivery and registration of the Initial Bond and pending the preparation of definitive Bonds, the proper officers of the Corporation may execute and, upon the Corporation’s request, the Paying Agent/Registrar shall authenticate and deliver, one or more temporary Bonds that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Bonds in lieu of which they are delivered, without coupons, and with such appropriate insertions, omissions, substitutions and other variations as the officers of the Corporation executing such temporary Bonds may determine, as evidenced by their signing of such temporary Bonds. (b) Until exchanged for Bonds in definitive form, such Bonds in temporary form shall be entitled to the benefit and security of this Resolution. (c) The Corporation, without unreasonable delay, shall prepare, execute and deliver to the Paying Agent/Registrar the Bonds in definitive form; thereupon, upon the presentation and surrender of the Bond or Bonds in temporary form to the Paying Agent/Registrar, the Paying Agent/Registrar shall cancel the Bonds in temporary form and authenticate and deliver in exchange therefor a Bond or Bonds of the same maturity and series, in definitive form, in the authorized denomination, and in the same aggregate principal amount, as the Bond or Bonds in temporary form surrendered. Such exchange shall be made without the making of any charge therefor to any Owner. Section 3.09. Replacement Bonds. (a) Upon the presentation and surrender to the Paying Agent/Registrar, at the Designated Payment/Transfer Office, of a mutilated Bond, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor a replacement Bond of like tenor and principal amount, bearing a number not contemporaneously outstanding. The Corporation or the Paying Agent/ Registrar may require the Owner of such Bond to pay a sum sufficient to cover any tax or other governmental charge that is authorized to be imposed in connection therewith and any other expenses connected herewith. (b) In the event that any Bond is lost, apparently destroyed or wrongfully taken, the Paying Agent/Registrar, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall authenticate and deliver a replacement Bond of like tenor and principal amount, bearing a number not contemporaneously outstanding, provided that the Owner first: (i) furnishes to the Paying Agent/Registrar satisfactory evidence of his ownership of and the circumstances of the loss, destruction or theft of such Bond; (ii) furnishes such security or indemnity as may be required by the Paying Agent/Registrar and the Corporation to save them harmless; - 12 - #4937609.1 Town Council Page 29 of 437 Meeting Date: August 25, 2015 (iii) pays all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Paying Agent/Registrar and any tax or other governmental charge that is authorized to be imposed; and (iv) satisfies any other reasonable requirements imposed by the Corporation and the Paying Agent/Registrar. (c) If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieu of which such replacement Bond was issued presents for payment such original Bond, the Corporation and the Paying Agent/Registrar shall be entitled to recover such replacement Bond from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Corporation or the Paying Agent/Registrar in connection therewith. (d) In the event that any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become or is about to become due and payable, the Paying Agent/Registrar, in its discretion, instead of issuing a replacement Bond, may pay such Bond. (e) Each replacement Bond delivered in accordance with this Section shall constitute an original contractual obligation of the Corporation and shall be entitled to the benefits and security of this Resolution to the same extent as the Bond or Bonds in lieu of which such replacement Bond is delivered. Section 3.10. Book-Entry Only System. (a) The definitive Bonds shall be initially issued in the form of a separate single fully registered Bond for each of the maturities thereof. Upon initial issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as nominee of DTC, and, except as provided in Section 3.11 hereof, all of the outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC. (b) With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Corporation and the Paying Agent/Registrar shall have no responsibility or obligation to any DTC Participant or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds, except as provided in this Resolution. Without limiting the immediately preceding sentence, the Corporation and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than an Owner, as shown on the Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any DTC Participant or any other person, other than an Owner, as shown in the Register of any amount with respect to principal of, premium, if any, or interest on the Bonds. Notwithstanding any other provision of this Resolution to the contrary, the Corporation and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Register as the absolute Owner of such Bond for the purpose of payment of principal of, premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfer with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar - 13 - #4937609.1 Town Council Page 30 of 437 Meeting Date: August 25, 2015 shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the respective Owners, as shown in the Register as provided in this Resolution, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the Corporation’s obligations with respect to payment of, premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than an Owner, as shown in the Register, shall receive a Bond certificate evidencing the obligation of the Corporation to make payments of amounts due pursuant to this Resolution. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Resolution with respect to interest checks or drafts being mailed to the registered Owner at the close of business on the Record Date, the word “Cede & Co.” in this Resolution shall refer to such new nominee of DTC. (c) The Representation Letter previously executed and delivered by the Corporation and applicable to the Corporation’s obligations delivered in book-entry-only form to DTC as securities depository for said obligations is hereby ratified and approved for the Bonds. Section 3.11. Successor Securities Depository; Transfer Outside. In the event that the Corporation or the Paying Agent/Registrar determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, and that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, or in the event DTC discontinues the services described herein, the Corporation or the Paying Agent/Registrar shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants, as identified by DTC, of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants, as identified by DTC, of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC accounts, as identified by DTC. In such event, the Bonds shall no longer be restricted to being registered in the Register in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Resolution. Section 3.12. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as any Bonds are registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bonds, and all notices with respect to such Bonds, shall be made and given, respectively, in the manner provided in the Representation Letter. ARTICLE IV REDEMPTION OF BONDS BEFORE MATURITY Section 4.01. Limitation on Redemption. The Bonds shall be subject to redemption before scheduled maturity only as provided in this Article IV. - 14 - #4937609.1 Town Council Page 31 of 437 Meeting Date: August 25, 2015 Section 4.02. Optional Redemption. (a) The Town reserves the option to redeem Bonds maturing on and after September 1, 2026 in whole or any part, before their respective scheduled maturity dates, on September 1, 2025, or on any date thereafter, at a price equal to the principal amount of the Bonds called for redemption plus accrued interest to the date fixed for redemption. (b) The Corporation, at least 45 days before the redemption date (unless a shorter period shall be satisfactory to the Paying Agent/Registrar), shall notify the Paying Agent/Registrar of such redemption date and of the principal amount of Bonds to be redeemed. Section 4.03. Mandatory Sinking Fund Redemption. (a) The Bonds maturing on September 1, 20__ (the “Term Bonds” ) are subject to scheduled mandatory redemption and will be redeemed by the Town, in part at a price equal to the principal amount thereof, without premium, plus accrued interest to the redemption date, out of moneys available for such purpose in the Interest and Sinking Fund, on the dates and in the respective principal amounts as set forth below. Term Bonds Maturing September 1, 20 Redemption Date Redemption Amount September 1, 20__ $__________ September 1, 20__* __________ *maturity (b) At least forty-five (45) days prior to each scheduled mandatory redemption date, the Paying Agent/Registrar shall select for redemption by lot, or by any other customary method that results in a random selection, a principal amount of Term Bonds equal to the aggregate principal amount of such Term Bonds to be redeemed, shall call such Term Bonds for redemption on such scheduled mandatory redemption date, and shall give notice of such redemption, as provided in Section 4.5. (c) The principal amount of the Term Bonds required to be redeemed on any redemption date pursuant to subparagraph (a) of this Section 4.3 shall be reduced, at the option of the Corporation, by the principal amount of any Term Bonds which, at least 45 days prior to the mandatory sinking fund redemption date (i) shall have been acquired by the Corporation at a price not exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or (ii) shall have been redeemed pursuant to the optional redemption provisions hereof and not previously credited to a mandatory sinking fund redemption. Section 4.04. Partial Redemption. (a) If less than all of the Bonds are to be redeemed pursuant to Section 4.02, the Corporation shall determine the maturity or maturities and the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar to call by lot Bonds, or portions thereof within such maturity or maturities and in such principal amounts, for redemption. (b) A portion of a single Bond of a denomination greater than $5,000 may be redeemed, but only in a principal amount equal to $5,000 or any integral multiple thereof. The - 15 - #4937609.1 Town Council Page 32 of 437 Meeting Date: August 25, 2015 Paying Agent/Registrar shall treat each $5,000 portion of the Bond as though it were a single Bond for purposes of selection for redemption. (c) Upon surrender of any Bond for redemption in part, the Paying Agent/Registrar, in accordance with Section 3.06 of this Resolution, shall authenticate and deliver an exchange Bond or Bonds in an aggregate principal amount equal to the unredeemed portion of the Bond so surrendered, and such exchange shall be without charge, notwithstanding any provision of Section 3.06 to the contrary. (d) The Paying Agent/Registrar shall promptly notify the Corporation in writing of the principal amount to be redeemed of any Bond as to which only a portion thereof is to be redeemed. Section 4.05. Notice of Redemption to Owners. (a) The Paying Agent/Registrar shall give notice of any redemption of Bonds by sending notice by United States mail, first class postage prepaid, not less than 30 days before the date fixed for redemption, to the Owner of each Bond (or part thereof) to be redeemed, at the address shown on the Register at the close of business on the business day next preceding the date of mailing of such notice. (b) The notice shall state the redemption date, the redemption price, the place at which the Bonds are to be surrendered for payment, and, if less than all the Bonds outstanding are to be redeemed, an identification of the Bonds or portions thereof to be redeemed. (c) Any notice given as provided in this Section shall be conclusively presumed to have been duly given, whether or not the Owner receives such notice. Section 4.06. Payment Upon Redemption. (a) Before or on each redemption date, the Paying Agent/Registrar shall make provision for the payment of the Bonds to be redeemed on such date by setting aside and holding in trust an amount from the Interest and Sinking Fund or otherwise received by the Paying Agent/Registrar from the Corporation sufficient to pay the principal of, premium, if any, and accrued interest on such Bonds. (b) Upon presentation and surrender of any Bond called for redemption at the Designated Payment/Transfer Office on or after the date fixed for redemption, the Paying Agent/Registrar shall pay the principal of, premium, if any, and accrued interest on such Bond to the date of redemption from the money set aside for such purpose. Section 4.07. Effect of Redemption. (a) Notice of redemption having been given as provided in Section 4.04 of this Resolution, the Bonds or portions thereof called for redemption shall become due and payable on the date fixed for redemption and, unless the Corporation defaults in the payment of the principal thereof, premium, if any, or accrued interest thereon, such Bonds or portions thereof shall cease to bear interest from and after the date fixed for redemption, whether or not such Bonds are presented and surrendered for payment on such date. (b) If the Corporation shall fail to make provision for payment of all sums due on a redemption date, then any Bond or portion thereof called for redemption shall continue to bear interest at the rate stated on the Bond until due provision is made for the payment of same by the Corporation. - 16 - #4937609.1 Town Council Page 33 of 437 Meeting Date: August 25, 2015 Section 4.08. Conditional Notice of Redemption. The Corporation reserves the right, in the case of an optional redemption pursuant to Section 4.02 herein, to give notice of its election or direction to redeem Bonds conditioned upon the occurrence of subsequent events. Such notice may state (i) that the redemption is conditioned upon the deposit of moneys and/or authorized securities, in an amount equal to the amount necessary to effect the redemption, with the Paying Agent/Registrar, or such other entity as may be authorized by law, no later than the redemption date, or (ii) that the Corporation retains the right to rescind such notice at any time on or prior to the scheduled redemption date if the Corporation delivers a certificate of the Corporation to the Paying Agent/Registrar instructing the Paying Agent/Registrar to rescind the redemption notice and such notice and redemption shall be of no effect if such moneys and/or authorized securities are not so deposited or if the notice is rescinded. The Paying Agent/Registrar shall give prompt notice of any such rescission of a conditional notice of redemption to the affected Owners. Any Bonds subject to conditional redemption and such redemption has been rescinded shall remain Outstanding and the rescission of such redemption shall not constitute an event of default. Further, in the case of a conditional redemption, the failure of the Corporation to make moneys and or authorized securities available in part or in whole on or before the redemption date shall not constitute an event of default. ARTICLE V PAYING AGENT/REGISTRAR Section 5.01. Appointment of Initial Paying Agent/Registrar. (a) BOKF, N.A., Dallas, Texas is hereby appointed as the initial Paying Agent/Registrar for the Bonds. (b) The President of the Corporation is hereby authorized and directed to execute and deliver or cause the execution and delivery by the President or Vice-President of the Board, the Paying Agent/Registrar Agreement, as presented. The Corporation hereby approves the form of Paying Agent/Registrar Agreement. Section 5.02. Qualifications. Each Paying Agent/Registrar shall be a commercial bank, a trust company organized under the laws of the State of Texas, or any other entity duly qualified and legally authorized to serve as and perform the duties and services of paying agent and registrar for the Bonds. Section 5.03. Maintaining Paying Agent/Registrar. (a) At all times while any Bonds are outstanding, the Corporation will maintain a Paying Agent/Registrar that is qualified under Section 5.02 of this Resolution. The President of the Corporation is hereby authorized and directed to execute an agreement with the Paying Agent/Registrar specifying the duties and responsibilities of the Corporation and the Paying Agent/Registrar. The signature of the President of the Corporation shall be attested by the Secretary of the Corporation. (b) If the Paying Agent/Registrar resigns or otherwise ceases to serve as such, the Corporation will promptly appoint a replacement. - 17 - #4937609.1 Town Council Page 34 of 437 Meeting Date: August 25, 2015 Section 5.04. Termination. The Corporation, upon not less than 60 days’ notice, reserves the right to terminate the appointment of any Paying Agent/Registrar by delivering to the entity whose appointment is to be terminated written notice of such termination, provided, that such termination shall not be effective until a successor Paying Agent/Registrar has been appointed and has accepted the duties of Paying Agent/Registrar for the Bonds. Section 5.05. Notice of Change. Promptly upon each change in the entity serving as Paying Agent/Registrar, the Corporation will cause notice of the change to be sent to each Owner and any bond insurer by first class United States mail, postage prepaid, at the address in the Register, stating the effective date of the change and the name and mailing address of the replacement Paying Agent/Registrar. Section 5.06. Agreement to Perform Duties and Functions. By accepting the appointment as Paying Agent/Registrar, and executing the Paying Agent/Registrar Agreement, the Paying Agent/Registrar is deemed to have agreed to the provisions of this Resolution and that it will perform the duties and functions of Paying Agent/Registrar prescribed thereby. Section 5.07. Delivery of Records to Successor. If a Paying Agent/Registrar is replaced, such Paying Agent, promptly upon the appointment of the successor, will deliver the Register (or a copy thereof) and all other pertinent books and records relating to the Bonds to the successor Paying Agent/Registrar. ARTICLE VI FORM OF THE BONDS Section 6.01. Form Generally. (a) The Bonds, including the registration certificate of the Comptroller, the certificate of the Paying Agent/Registrar, and the assignment form to appear on each of the Bonds, (i) shall be substantially in the form set forth in this Article, with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Resolution, and (ii) may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as, consistently herewith, may be determined by the Corporation or by the officers executing such Bonds, as evidenced by their execution thereof. (b) Any portion of the text of any Bonds may be set forth on the reverse side thereof, with an appropriate reference thereto on the face of the Bonds. (c) The Bonds shall be typed, printed, lithographed, or engraved, and may be produced by any combination of these methods or produced in any other similar manner, all as determined by the officers executing such Bonds, as evidenced by their execution thereof, except that the Initial Bond submitted to the Attorney General of Texas, the definitive Bonds delivered to DTC (or any successor securities depository) and any temporary Bonds may be typewritten or photocopied or otherwise produced. - 18 - #4937609.1 Town Council Page 35 of 437 Meeting Date: August 25, 2015 Section 6.02. Form of Bonds. The form of Bonds, including the form of the registration certificate of the Comptroller, the form of certificate of the Paying Agent/Registrar and the form of assignment appearing on the Bonds, shall be substantially as follows: (a) [Form of Bond] NEITHER THE STATE, THE TOWN OF TROPHY CLUB, TEXAS (THE “TOWN”) NOR ANY POLITICAL CORPORATION, SUBDIVISION, OR AGENCY OF THE STATE SHALL BE OBLIGATED TO PAY THIS BOND OR THE INTEREST THEREON AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE STATE, THE TOWN, OR ANY OTHER POLITICAL CORPORATION, SUBDIVISION, OR AGENCY THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR THE INTEREST ON THIS BOND. REGISTERED REGISTERED No. ______ $__________ United States of America State of Texas TROPHY CLUB 4B ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE BOND, TAXABLE SERIES 2015 INTEREST RATE: MATURITY DATE: ORIG INAL ISSUE DATE: CUSIP NUMBER: _____% September 1, ____ September 1, 2015 _______ ___ Trophy Club 4B Economic Development Corporation (the “Corporation”), a non-profit industrial development corporation governed by Chapters 501, 502 and 505, Texas Local Government Code, as amended (the “Act”), in the State of Texas, for value received, hereby promises to pay to ________________________________ or registered assigns, on the Maturity Date specified above, the sum of __________________ DOLLARS unless this Bond shall have been sooner called for redemption and the payment of the principal hereof shall have been paid or provision for such payment shall have been made, and to pay interest on the unpaid principal amount hereof from the later of the Delivery Date specified above or the most recent interest payment date to which interest has been paid or provided for until such principal amount shall have been paid or provided for, at the per annum rate of interest specified above, computed on the basis of a 360-day year of twelve 30-day months, such interest to be paid semiannually on September 1 and March 1 of each year, commencing March 1, 2016. - 19 - #4937609.1 Town Council Page 36 of 437 Meeting Date: August 25, 2015 The principal of this Bond shall be payable without exchange or collection charges in lawful money of the United States of America upon presentation and surrender of this Bond at the corporate trust office in Dallas, Texas (the “Designated Payment/Transfer Office”), of BOKF, N.A., as initial Paying Agent/Registrar, or, with respect to a successor Paying Agent/Registrar, at the Designated Payment/Transfer Office of such successor. Interest on this Bond is payable by check dated as of the interest payment date, mailed by the Paying Agent/Registrar to the registered owner at the address shown on the registration books kept by the Paying Agent/Registrar or by such other customary banking arrangements acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the person to whom interest is to be paid. For the purpose of the payment of interest on this Bond, the registered owner shall be the person in whose name this Bond is registered at the close of business on the “Record Date,” which shall be the close of business on the 15th day of the month next preceding such interest payment date; provided, however, that in the event of nonpayment of interest on a scheduled interest payment date, and for 30 days thereafter, a new record date for such interest payment (a “Special Record Date”) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Corporation. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the “Special Payment Date,” which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Owner of a Bond appearing on the books of the Paying Agent/Registrar at the close of business on the last business day preceding the date of mailing such notice. If a date for the payment of the principal of or interest on the Bonds is a Saturday, Sunday, legal holiday, or a day on which banking institutions in the Town in which the Designated Payment/Transfer Office is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday, or day on which such banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. This Bond dated September 1, 2015, is one of a series of fully registered bonds specified in the title hereof issued in the aggregate principal amount of $__________ (herein referred to as the “Bonds”), issued pursuant to a certain Resolution of the Board of Directors of the Corporation (the “Resolution”) for the purpose of (i) paying costs of the Project as described in the Resolution, (ii) funding a debt service reserve fund; and (iii) paying the costs of issuing the Bonds. This Bond and all the bonds of the series of which it is a part constitute special obligations of the Trophy Club 4B Economic Development Corporation and together with any additional parity revenue obligations which the Corporation has reserved the right to issue are payable as to both principal and interest solely from a first lien on and pledge of the Pledged Revenues and Pledged Funds, as described in the Resolution. The Corporation expressly reserves the right to issue further and additional special revenue obligations on a parity with the bonds of this issue; provided, however, that any and all such additional parity obligations may be issued only in accordance with and subject to the covenants, conditions, limitations and restrictions relating thereto which are set out and - 20 - #4937609.1 Town Council Page 37 of 437 Meeting Date: August 25, 2015 contained in the Resolution, to which reference is hereby made for more complete and full particulars. The Corporation has reserved the option to redeem the Bonds maturing on and after September 1, 2026, before their respective scheduled maturity in whole or in part in integral multiples of $5,000 on September 1, 2025, or on any date thereafter, at a price equal to the principal amount of the Bonds so called for redemption plus accrued interest to the redemption date. If less than all of the Bonds are to be redeemed, the Corporation shall determine the maturity or maturities and the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar to call by lot Bonds, or portions thereof within such maturity or maturities and in such amounts, for redemption. Bonds maturing on September 1, 20__ (the “Term Bonds”), are subject to mandatory sinking fund redemption prior to their scheduled maturity, and will be redeemed by the Corporation, in part at a redemption price equal to the principal amount thereof, without premium, plus interest accrued to the redemption date, on the dates and in the principal amounts shown in the following schedule: Redemption Date Principal Amount The Paying Agent/Registrar will select by lot or by any other customary method that results in a random selection the specific Term Bonds (or with respect to Term Bonds having a denomination in excess of $5,000, each $5,000 portion thereof) to be redeemed by mandatory redemption. The principal amount of Term Bonds required to be redeemed on any redemption date pursuant to the foregoing mandatory sinking fund redemption provisions hereof shall be reduced, at the option of the Corporation, by the principal amount of any Bonds which, at least 45 days prior to the mandatory sinking fund redemption date (i) shall have been acquired by the Corporation at a price not exceeding the principal amount of such Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation, or (ii) shall have been redeemed pursuant to the optional redemption provisions hereof and not previously credited to a mandatory sinking fund redemption. The Corporation reserves the right, in the case of an optional redemption pursuant to the provisions of the Resolution, to give notice of its election or direction to redeem Bonds conditioned upon the occurrence of subsequent events. Such notice may state (i) that the redemption is conditioned upon the deposit of moneys and/or authorized securities, in an amount equal to the amount necessary to effect the redemption, with the Paying Agent/Registrar, or such other entity as may be authorized by law, no later than the redemption date, or (ii) that the Corporation retains the right to rescind such notice at any time on or prior to the scheduled redemption date if the Corporation delivers a certificate of the Corporation to the Paying Agent/Registrar instructing the Paying Agent/Registrar to rescind the redemption notice and such notice and redemption shall be of no effect if such moneys and/or authorized securities are not so - 21 - #4937609.1 Town Council Page 38 of 437 Meeting Date: August 25, 2015 deposited or if the notice is rescinded. The Paying Agent/Registrar shall give prompt notice of any such rescission of a conditional notice of redemption to the affected Owners. Any Bonds subject to conditional redemption and such redemption has been rescinded shall remain Outstanding and the rescission of such redemption shall not constitute an Event of Default. Further, in the case of a conditional redemption, the failure of the Corporation to make moneys and or authorized securities available in part or in whole on or before the redemption date shall not constitute an event of default. Notice of such redemption or redemptions shall be sent by United States mail, first class postage prepaid, not less than 30 days before the date fixed for redemption, to the registered owner of each of the Bonds to be redeemed in whole or in part. Notice having been so given, the Bonds or portions thereof designated for redemption shall become due and payable on the redemption date specified in such notice, and from and after such date, notwithstanding that any of the Bonds or portions thereof so called for redemption shall not have been surrendered for payment, interest on such Bonds or portions thereof shall cease to accrue. As provided in the Resolution, and subject to certain limitations therein set forth, this Bond is transferable upon surrender of this Bond for transfer at the Designated Payment/Transfer Office, with such endorsement or other evidence of transfer as is acceptable to the Paying Agent/Registrar, and, thereupon, one or more new fully registered Bonds of the same stated maturity, of authorized denominations, bearing the same rate of interest, and for the same aggregate principal amount will be issued to the designated transferee or transferees. The Corporation, the Paying Agent/Registrar, and any other person may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except interest shall be paid to the person in whose name this Bond is registered on the Record Date or Special Record Date, as applicable) and for all other purposes, whether or not this Bond be overdue, and neither the Corporation nor the Paying Agent/Registrar shall be affected by notice to the contrary. IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond and the series of which it is a part is duly authorized by law; that all acts, conditions and things required to be done precedent to and in the issuance of the Bonds have been properly done and performed and have happened in regular and due time, form and manner, as required by law; and that the total indebtedness of the Corporation, including the Bonds, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, this Bond has been duly executed on behalf of the Corporation. ____________________________________ ____________________________________ Secretary, Trophy Club 4B Economic President, Trophy Club 4B Economic Development Corporation Development Corporation - 22 - #4937609.1 Town Council Page 39 of 437 Meeting Date: August 25, 2015 (b) [Form of Certificate of Paying Agent/Registrar] CERTIFICATE OF PAYING AGENT/REGISTRAR This is one of the Bonds referred to in the within mentioned Resolution. The series of Bonds of which this Bond is a part was originally issued as one Initial Bond which was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. BOKF, N.A., Dallas, Texas as Paying Agent/Registrar Dated: _________________________ By: _______________________________ Authorized Signatory (c) [Form of Assignment] ASSIGNMENT FOR VALUE RECEIVED the undersigned, hereby sells, assigns and transfers unto (print or typewrite name, address and zip code of transferee: ____________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (social security or other identifying number: ______________) the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints ______________________ attorney to transfer the within bond on the books kept for registration hereof, with full power of substitution in the premises. Date: ______________________ Signature Guaranteed By: ___________________________ ___________________________ Authorized Signatory ________________________________________ NOTICE: The signature on this Assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular and must be guaranteed in a manner acceptable to the Paying Agent/Registrar. (d) Initial Bond Insertions. (i) The Initial Bond shall be in the form set forth in paragraph (a) of this Section, except that: (A) immediately under the name of the Bond, the headings “INTEREST RATE” and “MATURITY DATE” shall both be completed with the words “As Shown Below” and the heading “CUSIP NO. _____” shall be deleted; - 23 - #4937609.1 Town Council Page 40 of 437 Meeting Date: August 25, 2015 (B) in the first paragraph: the words “on the Maturity Date specified above” shall be deleted and the following will be inserted: “on September 1 in the years, in the principal installments and bearing interest at the per annum rates set forth in the following schedule: Years Principal Installments Interest Rates (Information to be inserted from the Pricing Certificate.) (C) the Initial Bond shall be numbered T-1. (ii) The following Registration Certificate of Comptroller of Public Accounts shall appear on the Initial Bond: REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER § OF PUBLIC ACCOUNTS § REGISTER NO. __________ § THE STATE OF TEXAS § I HEREBY CERTIFY THAT there is on file and of record in my office a certificate to the effect that the Attorney General of the State of Texas has approved this Bond, and that this Bond has been registered this day by me. WITNESS MY SIGNATURE AND SEAL OF OFFICE this ________________________. ____________________________________ Comptroller of Public Accounts of the State of Texas [SEAL] Section 6.03. CUSIP Registration. The Corporation may secure identification numbers through the CUSIP Services Bureau managed by Standard & Poor’s Financial Services LLC on behalf of the America Bankers Association, and may authorize the printing of such numbers on the face of the Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the Bonds shall be of no significance or effect as regards the legality thereof and neither the Corporation nor the attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed on the Bonds. Section 6.04. Legal Opinion. The approving legal opinion of Bracewell & Giuliani LLP, Bond Counsel, may be printed on the back of or attached to each Bond over the certification of the Secretary of the Corporation, which may be executed in facsimile. - 24 - #4937609.1 Town Council Page 41 of 437 Meeting Date: August 25, 2015 Section 6.05. Municipal Bond Insurance. If municipal bond guaranty insurance is obtained with respect to the Bonds, the Bonds, including the Initial Bond, may bear an appropriate legend, as provided by the insurer. To the extent permitted by applicable law, the Corporation will comply with all notice and other applicable requirements of the insurer in connection with the issuance of the Bonds, as such requirements may be in effect and transmitted to the Corporation with the insurer’ s commitment to issue such insurance. ARTICLE VII SALE OF THE BONDS; CONTROL AND DELIVERY OF THE BONDS Section 7.01. Sale of Bonds, Official Statement. (a) The Bonds are hereby officially sold and awarded and shall be delivered to the Underwriters, in accordance with the terms and provisions of that certain Purchase Agreement relating to the Bonds between the Corporation and the Underwriter and dated the date of the passage of this Resolution. The form and content of such Purchase Agreement are hereby approved, and the President or Vice President is hereby authorized and directed to execute and deliver, and the Corporation Secretary is hereby authorized and directed to attest, such Purchase Agreement. It is hereby officially found, determined and declared that the terms of this sale are the most advantageous reasonably obtainable. The Bonds shall initially be registered in the name of Raymond James or its designee. (b) The form and substance of the Preliminary Official Statement for the Bonds and any addenda, supplement or amendment thereto (the “Preliminary Official Statement”) and the final Official Statement (the “Official Statement”) presented to and considered at this meeting, are hereby in all respects approved and adopted, and the Preliminary Official Statement is hereby deemed final as of its date (except for the omission of pricing and related information) within the meaning and for the purposes of paragraph (b)(1) of Rule 15c2-12 under the Securities Exchange Act of 1934, as amended. The President or Vice President of the Corporation is hereby authorized and directed to execute the Official Statement and deliver appropriate numbers of copies thereof to the Underwriter. The Official Statement as thus approved, executed and delivered, with such appropriate variations as shall be approved by the President or Vice President of the Corporation and the Underwriter, may be used by the Underwriters in the public offering of the Bonds and sale thereof. The Corporation Secretary of the Corporation is hereby authorized and directed to include and maintain a copy of the Preliminary Official Statement and the Official Statement and any addenda, supplement or amendment thereto thus approved among the permanent records of this meeting. The use and distribution of the Preliminary Official Statement in the public offering of the Bonds is hereby ratified, approved and confirmed. (c) All officers and officials of the Corporation are authorized to take such actions and to execute such documents, certificates and receipts, and to make such elections with respect to the tax-exempt status of the Bonds, as they may deem necessary and appropriate in order to consummate the delivery of the Bonds. Further, in connection with the submission of the record of proceedings for the Bonds to the Attorney General of the State of Texas for examination and approval of such Bonds, the appropriate officer of the Corporation is hereby authorized and directed to issue a check of the Corporation payable to the Attorney General of the State of - 25 - #4937609.1 Town Council Page 42 of 437 Meeting Date: August 25, 2015 Texas as a nonrefundable examination fee in the amount required by Chapter 1202, Texas Government Code (such amount not to exceed $9,500). (d) The obligation of the Underwriter to accept delivery of the Bonds is subject to the Underwriter being furnished with the final, approving opinion of Bracewell & Giuliani LLP, Bond Counsel for the Corporation, which opinion shall be dated as of and delivered on the Closing Date. The President is hereby authorized and directed to execute the engagement letter with Bracewell & Giuliani LLP, setting forth such firm’s duties as Bond Counsel for the Corporation, and such engagement letter and the terms thereof in the form presented at this meeting is hereby approved and accepted. The President is hereby also authorized and directed to execute the financial advisory services agreement with Samco Capital Markets, Inc. for financial advisory services related to the issuance of the Bonds, and such agreement and the terms thereof in the form presented at this meeting is hereby approved and accepted. Section 7.02. Control and Delivery of Bonds. (a) The President and Vice-President are hereby authorized to have control of the Initial Bond and all necessary records and proceedings pertaining thereto pending investigation, examination and approval of the Attorney General of the State of Texas, registration by the Comptroller of Public Accounts of the State of Texas, and registration with, and initial exchange or transfer by, the Paying Agent/Registrar. (b) After registration by the Comptroller of Public Accounts, delivery of the Bonds shall be made to the Underwriter under and subject to the general supervision and direction of the President of the Corporation, against receipt by the Corporation of all amounts due to the Corporation under the terms of sale. (c) In the event the President or Board Secretary are absent or otherwise unable to execute any document or take any action authorized herein, the Vice-President of the Board and any Assistant Board Secretary or other member of the Board , respectively, shall be authorized to execute such documents and take such actions, and the performance of such duties by the Vice- President of the Board and any Assistant Board Secretary or other member of the Board shall for the purposes of this Resolution have the same force and effect as if such duties were performed by the President or Board Secretary, respectively. ARTICLE VIII FUNDS AND ACCOUNTS, INITIAL DEPOSITS AND APPLICATION OF MONEY Section 8.01. Creation of Funds. (a) The Corporation hereby confirms and re- establishes the following funds to be held at the Corporation’ s depository bank: (i) Project Development Fund; (ii) Debt Service Fund; (iii) Series 2015 Reserve Fund; (iv) Sales Tax Revenue Fund; and - 26 - #4937609.1 Town Council Page 43 of 437 Meeting Date: August 25, 2015 (v) Capital Improvement Fund. (b) Moneys on deposit in the Project Development Fund shall be used for paying costs of Projects for which Parity Revenue Obligations from time to time are issued. The Project Development Fund at all times shall be free of any lien, pledge or trust created by this Resolution and the resolution or resolutions authorizing Additional Parity Obligations. (c) The Sales Tax Revenue Fund is hereby confirmed as a special fund comprised of the Gross Sales Tax Revenues, together with all other revenues as from time to time may be determined for deposit therein by the Corporation, and shall be maintained at the Corporation’s depository bank for the benefit of the Owners of the Parity Revenue Obligations, subject to the further provisions of this Resolution. (d) The Debt Service Fund shall be maintained for the benefit of the Owners of the Parity Revenue Obligations. Money deposited in the Debt Service Fund shall be used to pay the principal of, premium, if any, and interest on the Parity Revenue Obligations when and as the same shall become due and payable. (e) The Series 2015 Reserve Fund shall be maintained for the benefit of the Owners of the Bonds and not any other Parity Revenue Obligations. Money deposited in the Series 2015 Taxable Reserve Fund shall be used to pay principal of and/or interest on the Bonds becoming due and payable when there is not sufficient money available in the Debt Service Fund for such purpose. Money on deposit in the Series 2015 Reserve Fund may be applied to the acquisition of a Reserve Fund Surety Bond. (f) Money from time to time on deposit in the Capital Improvement Fund shall be used for paying costs of authorized Projects the payment of which are not otherwise provided from the proceeds of Parity Revenue Obligations, and for any other lawful purposes permitted under applicable law, including administrative expenses of the Corporation. The Capital Improvement Fund at all times shall be free of any lien or pledge created by this Resolution and the resolution or resolutions authorizing the issuance Additional Parity Obligations. Section 8.02. Deposit of Proceeds. All amounts received on the Closing Date by the Paying Agent/Registrar for the payment of the purchase price for the Bonds shall be deposited and transferred in accordance with the following: (a) An amount equal to all accrued interest, if any, on the Bonds shall be deposited to the credit of the Debt Service Fund; (b) Proceeds from the sale of the Bonds in the amount of $_________, shall be deposited to the Series 2015 Reserve Fund; (c) Proceeds from the sale of the Bonds in the amount of $_________, shall be deposited to the credit of a separate account within the Project Development Fund to be entitled “Series 2015 Project Development Account,” to be used for the purposes for which the Bonds are issued; and - 27 - #4937609.1 Town Council Page 44 of 437 Meeting Date: August 25, 2015 (d) The remaining balance received on the Closing Date, shall be deposited to a special account of the Corporation and used for the payment of the costs of issuing the Bonds. Any amounts not needed for the payment of costs of issuance shall be deposited to Debt Service Fund. Section 8.03. Sales Tax Revenue Fund. (a) All Pledged Revenues shall be deposited and transferred as received to the Sales Tax Revenue Fund. (b) Moneys deposited in the Sales Tax Revenue Fund shall be pledged and appropriated to the following uses, in the order of priority shown: (i) First, to the payment, without priority, of all amounts required to be deposited in the Debt Service Fund herein established for the payment of Parity Revenue Obligations; (ii) Second, on a pro rata basis, to each debt service reserve fund created by any resolution authorizing the issuance of Parity Revenue Obligations, which contains less than the amount to be accumulated and/or maintained therein, as provided in such resolutions; (iii) Third, to any other fund or account required by any resolution authorizing Parity Revenue Obligations, the amounts required to be deposited therein; (iv) Fourth, to pay any amounts due to any issuer of a Reserve Fund Surety Bond not paid pursuant to subsections (ii) or (iii) above; (v) Fifth, to any fund or account, or to any payee, required by any other resolution of the Board which authorizes the issuance of obligations or the creation of debt of the Corporation having a lien on the Pledged Revenues subordinate to the lien and pledge created herein with respect to the Parity Revenue Obligations; (vi) Fifth, to the Capital Improvement Fund; and (vii) Sixth, for any lawful purpose. Section 8.04. Debt Service Fund. (a) The Corporation hereby covenants and agrees to make deposits to the Debt Service Fund from moneys in the Sales Tax Revenue Fund, in substantially equal monthly, bi-monthly, quarterly or semi-annual installments as such money is received, to pay the principal of and interest on the Parity Revenue Obligations as follows: (i) Such amounts, on deposit and received following the Closing Date, as will be sufficient, together with other amounts, if any, then on hand in the Debt Service Fund and available for such purpose, to pay the interest scheduled to accrue and become due and payable with respect to the Parity Revenue Obligations on the next succeeding Interest Payment Date; (ii) Such amounts, on deposit and received following the Closing Date, as will be sufficient, together with other amounts, if any, on hand in the Debt Service Fund and - 28 - #4937609.1 Town Council Page 45 of 437 Meeting Date: August 25, 2015 available for such purpose, to pay the principal scheduled to mature and come due on the Parity Revenue Obligations on the next succeeding Interest Payment Date on which principal of the Bonds is to be payable. (b) The deposits to the Debt Service Fund for the payment of principal of and interest on the Parity Revenue Obligations shall continue to be made as hereinabove provided until such time as (i) the total amount on deposit in the Debt Service Fund and Reserve Fund is equal to the amount required to pay all outstanding obligations (principal and/or interest) for which said Fund was created and established to pay or (ii) the Parity Revenue Obligations are no longer outstanding, i.e., fully paid as to principal and interest or all of the Parity Revenue Obligations have been refunded. (c) Any proceeds of the Bonds not required for the purposes for which the Bonds are issued shall be deposited to the Debt Service Fund. Section 8.05. Reserve Fund. (a) There is hereby created and ordered held at a depository bank of the Corporation, for the benefit of the Bonds, the Series 2015 Reserve Fund. As provided in Section 8.03, the Corporation shall deposit and credit to the Series 2015 Reserve Fund amounts required to maintain the balance in the Reserve Fund in an amount equal to the average annual debt service requirements of the Bonds (the “Required Reserve”). The average annual debt service requirements of the Bonds shall be calculated by the Corporation on the date of issuance of the Bonds and on each October 1 thereafter, and the Required Reserve to be maintained in the Series 2015 Reserve Fund after each such calculation shall be the amount determined by such calculation. (b) All funds, investments and Reserve Fund Surety Bonds on deposit and credited to the Series 2015 Reserve Fund shall be used solely for (i) the payment of the principal of and interest on the Bonds, when and to the extent other funds available for such purposes are insufficient, (ii) to make payments due under a Reserve Fund Surety Bond and (iii) with respect to funds and investments on deposit and credited to the Series 2015 Reserve Fund other than Reserve Fund Surety Bonds, to retire the last maturity of or interest on the Bonds. (c) When and for so long as the cash, investments and Reserve Fund Surety Bond in the Series 2015 Reserve Fund equal the Required Reserve, no deposits need be made to the credit of the Series 2015 Reserve Fund. If the Series 2015 Reserve Fund at any time contains less than the Required Reserve, the Corporation covenants and agrees that the Corporation shall cure the deficiency in the Series 2015 Reserve Fund by making deposits to such Fund from the Pledged Revenues in accordance with Section 8.03 by monthly deposits and credits in amounts equal to not less than 1/60th of the Required Reserve with any such deficiency payments being made on or before the last day of each month until the Required Reserve has been fully restored; provided, however, that no such deposits shall be made into the Series 2015 Reserve Fund during any six-month period beginning on September 1 and March 1 until there has been deposited into the Debt Service Fund the full amount required to be deposited therein by the next following September 1 and March 1, as the case may be. In addition, in the event that a portion of the Required Reserve is represented by a Reserve Fund Surety Bond, the Required Reserve and deposits to the Series 2015 Reserve Fund shall take into account such value of the Reserve Fund Surety Bond. The Corporation further covenants and agrees that, subject only to the prior - 29 - #4937609.1 Town Council Page 46 of 437 Meeting Date: August 25, 2015 deposits and credits to be made to the Debt Service Fund, the Pledged Revenues shall be applied, appropriated and used to establish and maintain the Required Reserve, including by paying payments under a Reserve Fund Surety Bond when due, and any reserve established for the benefit of any issue or series of Additional Parity Revenue Obligations and to cure any deficiency in such amounts as required by the terms of this Resolution and any other Resolution pertaining to the issuance of Additional Parity Revenue Obligations. Reimbursements to any provider of a Reserve Fund Surety Bond shall constitute the curing of a deficiency in the Series 2015 Reserve Fund to the extent that such reimbursements result in the reinstatement, in whole or in part, as the case may be, of the amount of the Reserve Fund Surety Bond to the Required Reserve. (d) Earnings and income derived from the investment of amounts held for the credit of the Series 2015 Reserve Fund shall be retained in the Series 2015 Reserve Fund until the Series 2015 Reserve Fund contains the Required Reserve. During such time as the Series 2015 Reserve Fund contains the Required Reserve or any cash or investment is replaced with a Reserve Fund Surety Bond pursuant to subsection (e) below, the Corporation may, at its option, withdraw funds that are in excess of the Required Reserve and deposit such surplus in the Sales Tax Revenue Fund; provided that the face amount of any Reserve Fund Surety Bond may be reduced at the option of the Corporation in lieu of such withdrawal of excess funds. Notwithstanding the foregoing, any surplus funds in excess of the Required Reserve that consist of gross proceeds of the Bonds or interest thereon shall be used for purposes for which the Bonds were issued or deposited to the Debt Service Fund. (e) The Corporation may, at any time, deposit, supplement, replace or substitute a Reserve Fund Surety Bond for cash or investments on deposit in the Series 2015 Reserve Fund or in substitution for or replacement of any existing Reserve Fund Surety Bond. (f) If the Corporation is required to make a withdrawal from the Series 2015 Reserve Fund for any of the purposes described in this Section, the Corporation shall promptly notify the issuer of such Reserve Fund Surety Bond of the necessity for a withdrawal from the Series 2015 Reserve Fund for any such purposes, and shall make such withdrawal first from available moneys or permitted investments then on deposit in the Series 2015 Reserve Fund, and next from a drawing under any Reserve Fund Surety Bond to the extent of any deficiency. (g) In the event there is a draw upon the Reserve Fund Surety Bond, the Corporation shall reimburse the provider of such Reserve Fund Surety Bond for such draw, in accordance with the terms of any agreement pursuant to which the Reserve Fund Surety Bond is used, from Pledged Revenues; however, such reimbursement from Pledged Revenues shall be in accordance with the provisions of Section 8.03 hereof and shall be subordinate and junior in right of payment to the payment of principal of and premium, if any, and interest on the then Outstanding Parity Revenue Obligations. (h) The Corporation may create and establish a debt service reserve fund pursuant to any resolution or resolutions authorizing the issuance of Parity Revenue Obligations for the purpose of security that series of Parity Revenue Obligations or any specific series of Parity Revenue Obligations; the amounts once deposited or credited to said debt service reserve funds shall no longer constitute Pledged Revenues and shall be held solely for the benefit of the owners - 30 - #4937609.1 Town Council Page 47 of 437 Meeting Date: August 25, 2015 of the series of Parity Revenue Obligations for which such debt service reserve fund was established. Each such debt service reserve fund shall be designated in such manner as is necessary to identify the Parity Revenue Obligations it secures and to distinguish such debt service reserve fund from the debt service reserve funds created for the benefit of other Parity Revenue Obligations. (i) Notwithstanding anything to the contrary contained in this Section, the requirements set forth above to fund the Reserve Fund in the amount of the Required Reserve shall be suspended for such time as the Pledged Revenues for each Fiscal year are equal to at least 125% of the average annual debt service requirements. In the event that the Pledged Revenues for any two consecutive Fiscal Years are less than 125% (unless such percentage is below 100% of the average annual debt service requirements in any Fiscal Year, in which case the herein specified requirements to restore the Reserve Requirement will commence after such Fiscal year) of the average annual debt service requirements, the Corporation will be required to commence making the deposits to fund the Reserve Fund as provided above, and to continue making such deposits until the earlier of (i) such time as the Reserve Fund contains the Required Reserve or (ii) the Pledged Revenues for a Fiscal year have been equal to not less than 125% of the average annual debt service requirements. Section 8.06. Deficiencies in Funds. If the Corporation shall, for any reason, fail to pay into the Debt Service Fund or Reserve Fund the full amounts above stipulated, amounts equivalent to such deficiencies shall be set apart and paid into said funds from the first available revenues of the Corporation and such payments shall be in addition to the amounts hereinabove provided to be otherwise paid into said funds. Section 8.07. Security of Funds. All moneys on deposit in the funds referred to in this Resolution shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of funds of the Corporation, and moneys on deposit in such funds shall be used only for the purposes permitted by this Resolution. Section 8.08. Investments. (a) Money in the funds established by this Resolution, or any resolution authorizing the issuance of the Prior Bonds or any Additional Parity Obligations, at the option of the Corporation, may be invested in such securities or obligations as permitted under the laws of the State of Texas applicable to the Corporation. (b) Any securities or obligations in which money is so invested shall be sold and the proceeds of sale shall be timely applied to the making of all payments required to be made from the fund from which the investment was made. Section 8.09. Investment Income. Interest and income derived from investment of any fund created by this Resolution shall be credited to such fund. ARTICLE IX ADDITIONAL OBLIGATIONS Section 9.01. Issuance of Superior Lien Obligations Prohibited. The Corporation hereby covenants that so long as any principal or interest pertaining to any Parity Revenue Obligations - 31 - #4937609.1 Town Council Page 48 of 437 Meeting Date: August 25, 2015 remain outstanding and unpaid, it will not authorize or issue obligations secured by a lien on or pledge of the Pledged Revenues superior to the lien ascribed to the Parity Revenue Obligations. Section 9.02. Issuance of Additional Parity Obligations Authorized. In addition to the right to issue obligations of inferior lien, the Corporation reserves the right to issue Additional Parity Obligations which, when duly authorized and issued in compliance with law and the terms and conditions hereinafter appearing, shall be on a parity with the Bonds herein authorized, payable from and equally and ratably secured by a lien on and pledge of the Pledged Revenues and Pledged Funds; and the Bonds and Additional Parity Obligations shall in all respects be of equal dignity. The Additional Parity Obligations may be issued in one or more installments, provided, however, that none shall be issued unless and until the following conditions have been met: (a) The Corporation is not then in default as to any covenant, condition or obligation prescribed in a resolution authorizing the issuance of the outstanding Parity Revenue Obligations. (b) Each of the funds created for the payment, security and benefit of the Parity Revenue Obligations contains the amount of money then required to be on deposit therein. (c) The Corporation has secured from a Certified Public Accountant a certificate or report reflecting that for the Fiscal Year next preceding the date of the proposed Additional Parity Obligations, or a consecutive twelve (12) month period out of the fifteen (15) month period next preceding the month in which the resolution authorizing the proposed Additional Parity Obligations is adopted, the Gross Sales Tax Revenues were equal to at least 1.50 times the combined average annual principal and interest requirements on all Parity Revenue Obligations to be outstanding after the issuance of the proposed Additional Parity Obligations; provided, that, in the event of an increase in the rate of the Sales Tax that becomes effective prior to the date of the resolution authorizing the issuance of the Additional Parity Obligations, such certificate or report shall calculate the Gross Sales Tax Revenues for the calculation period as if such increased rate were in effect during such period. (d) The Additional Parity Obligations are made to mature on an Interest Payment Date of each year in which they are scheduled to mature. (e) The resolution authorizing the Additional Parity Obligations provides that: (i) the Debt Service Fund be augmented by amounts adequate to accumulate the sum required to pay the principal and interest on such obligations as the same shall become due; and (ii) the amount to be maintained in the Reserve Fund shall be increased to an amount not less than the Required Reserve calculated to include the debt service of the proposed additional obligations; and (iii) any additional amount required to be maintained in the Reserve Fund shall be deposited therein upon delivery of such Additional Parity Obligations or in not more than sixty (60) months from such date. (f) Parity Revenue Obligations may be refunded upon such terms and conditions as the Board may deem to be in the best interest of the Corporation; and if less than all such outstanding Parity Revenue Obligations are refunded, the proposed refunding obligations shall - 32 - #4937609.1 Town Council Page 49 of 437 Meeting Date: August 25, 2015 be considered as “Additional Parity Obligations” under the provisions of this Section, and the report or certificate required by paragraph (c) shall give effect to the issuance of the proposed refunding obligations and shall not give effect to the obligations being refunded. ARTICLE X PARTICULAR REPRESENTATIONS AND COVENANTS Section 10.01. Pledged Funds and Pledged Revenues. (a) The Corporation represents and warrants that it is and will be authorized by applicable law and by its articles of incorporation and bylaws to authorize and issue the Bonds, to adopt this Resolution and to pledge the Pledged Funds and Pledged Revenues in the manner and to the extent provided in this Resolution, and that the Pledged Funds and Pledged Revenues so pledged are and will be and remain free and clear of any pledge, lien, charge or encumbrance thereon or with respect thereto prior to, or of equal rank with, the pledge and lien created in or authorized by this Resolution except as expressly provided herein for Parity Revenue Obligations. (b) The Bonds and the provisions of this Resolution are and will be the valid and legally enforceable obligations of the Corporation in accordance with the terms of this Resolution, subject only to any applicable bankruptcy or insolvency laws or to any applicable law affecting creditors’ rights generally. (c) The Corporation shall at all times, to the extent permitted by applicable law, defend, preserve and protect the pledge of the Pledged Funds and Pledged Revenues and all the rights of the Owners under this Resolution and the resolutions authorizing the issuance of the Prior Bonds and any Additional Parity Obligations, against all claims and demands of all persons whomsoever. (d) The Corporation will take, and use its best efforts to cause the Town to take, all steps reasonably necessary and appropriate to collect all delinquencies in the collection of the Sales Tax to the fullest extent permitted by the Act and other applicable law. Section 10.02. Accounts, Periodical Reports and Certificates. (a) The Corporation shall keep or cause to be kept proper books of record and account (separate from all other records and accounts) in which complete and correct entries shall be made of its transactions relating to the funds and accounts established by this Resolution and which, together with all other books and papers of the Corporation, shall at all times be subject to the inspection of, the Owner or Owners of not less than 5% in principal amount of the Parity Revenue Obligations then outstanding or their representatives duly authorized in writing. Section 10.03. General. The Directors and Officers of the Corporation shall do and perform or cause to be done and performed all acts and things required to be done or performed by or on behalf of the Corporation under the provisions of this Resolution. Section 10.04. Repeal of Power to Collect Sales Tax. Any repeal or amendment of the right and power to levy, collect and apply the Sales Tax pursuant to the Act shall never be effective until all of the principal of and the interest on the Obligations, and the interest on the - 33 - #4937609.1 Town Council Page 50 of 437 Meeting Date: August 25, 2015 Parity Revenue Obligations have been paid in full or they have been lawfully defeased under Article 12. Section 10.05. Payment of the Bonds. While any of the Bonds are outstanding and unpaid, there shall be made available to the Paying Agent/Registrar, out of the Debt Service Fund, money sufficient to pay the interest on and the principal of the Bonds, as applicable, as will accrue or mature on each applicable Interest Payment Date. ARTICLE XI DEFAULT AND REMEDIES Section 11.01. Events of Default. Each of the following occurrences or events for the purpose of this Resolution is hereby declared to be an “Event of Default,” to-wit: (i) the failure to make payment of the principal of or interest on any of the Bonds when the same becomes due and payable; (ii) default in the performance or observance of any other covenant, agreement or obligation of the Corporation, the failure to perform which materially, adversely affects the rights of the Owners, including but not limited to, their prospect or ability to be repaid in accordance with this Resolution, and the continuation thereof for a period of 30 days after notice of such default is given by any Owner to the Corporation; or (iii) An order of relief shall be issued by the Bankruptcy Court of the United States District Court having jurisdiction, granting the Corporation any relief under any Applicable Law, or any other court having valid jurisdiction shall issue an order or decree under applicable federal or state law providing for the appointment of a receiver, liquidator, assignee, trustee, sequestrator, or other similar official for the Corporation as applicable, of any substantial part of its property, affairs or assets, and the continuance of any such decree or order unstayed and in effect for a period of 90 consecutive days. Section 11.02. Remedies for Default. (a) Upon the happening of any Event of Default, then and in every case any Owner or an authorized representative thereof, including but not limited to, a trustee or trustees therefor, may proceed against the Corporation for the purpose of protecting and enforcing the rights of the Owners under this Resolution, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the Owners hereunder or any combination of such remedies. (b) It is provided that all such proceedings shall be instituted and maintained for the equal benefit of all Owners of Bonds then outstanding. Section 11.03. Remedies Not Exclusive. (a) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or - 34 - #4937609.1 Town Council Page 51 of 437 Meeting Date: August 25, 2015 under the Bonds or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision of this Resolution, the right to accelerate the debt evidenced by the Bonds shall not be available as a remedy under this Resolution. (b) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy. ARTICLE XII DISCHARGE Section 12.01. Discharge. The Corporation reserves the right to defease, discharge or refund the Bonds in any manner permitted by applicable law. ARTICLE XIII LAPSE OF PAYMENT Section 13.01. Lapse of Payment. (a) Unclaimed Payments shall be segregated in a special escrow account and held in trust, uninvested, by the Paying Agent/Registrar for the account of the Owner of the Bonds to which the Unclaimed Payments pertain. (b) Subject to Title 6, Texas Property Code, Unclaimed Payments remaining unclaimed by the Owners entitled thereto for three years after the applicable payment or redemption date shall be applied to the next payment or payments on the Bonds thereafter coming due, and, to the extent any such money remains after the retirement of all outstanding Bonds, shall be paid to the Corporation to be used for any lawful purpose. Thereafter, neither the Corporation, the Paying Agent/Registrar nor any other person shall be liable or responsible to any Owners of such Bonds for any further payment of such unclaimed moneys or on account of any such Bonds, subject to Title 6, Texas Property Code. ARTICLE XIV CONTINUING DISCLOSURE UNDERTAKING Section 14.01. Continuing Disclosure Agreement. The offering of the Bonds qualifies for the Rule 15c2-12(d)(2) exemption from Rule 15c2-12(b)(5) regarding the Corporation’s continuing disclosure obligations, because the Corporation has not issued more than $10,000,000 in aggregate amount of outstanding municipal securities (excluding securities offered in transactions that were exempt from the Rule) and no person is committed by contract or other arrangement with respect to payment of the Bonds. Pursuant to the exemption, in the Resolution, the Corporation has made the following agreement for the benefit of the holders and beneficial owners of the Bonds. The Corporation is required to observe the agreement for so long as it remains an “obligated person” with respect to the Bonds, within the meaning of the Securities and Exchange Commission’s Rule 15c2-12 (the “Rule”). Under the agreement, the Corporation will be obligated to provide certain updated financial information and operating data annually, and timely notice of specified events, to the Municipal Securities Rulemaking Board (the “MSRB”). - 35 - #4937609.1 Town Council Page 52 of 437 Meeting Date: August 25, 2015 Section 14.02. Annual Reports. (a) The Corporation will provide to the MSRB certain updated financial information and operating data which is customarily prepared by the Corporation and is publicly available on an annual basis. The information to be provided is the Town's Annual Audited Financial Report. The Corporation will update and provide this information within six months after the end of each fiscal year. The financial information and operating data to be provided may be set forth in full in one or more documents or may be included by specific reference to any document available to the public on the MSRB’s Internet Web site or filed with the United States Securities and Exchange Commission (the “SEC”), as permitted by the Rule. The updated information will include audited financial statements, if the Town commissions an audit and it is completed by the required time. If audited financial statements are not available by the required time, the Corporation will provide unaudited financial information by the required time and audited financial statements when and if such audited financial statements become available. Any such financial statements will be prepared in accordance with the accounting principles described in Appendix D or such or such other accounting principles as the Corporation may be required to employ from time to time pursuant to State law or regulation. (b) If the Town or Corporation changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the Town or Corporation otherwise would be required to provide financial information and operating data pursuant to this Section. (c) The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to the MSRB or filed with the SEC. Section 14.03. Disclosure Event Notices. (a) The Corporation shall notify the MSRB, in a timely manner not in excess of ten (10) Business Days after the occurrence of the event, of any of the following events with respect to the Bonds: (i) Principal and interest payment delinquencies; (ii) Non-payment related defaults, if material; (iii) Unscheduled draws on debt service reserves reflecting financial difficulties; (iv) Unscheduled draws on credit enhancements reflecting financial difficulties; (v) Substitution of credit or liquidity providers, or their failure to perform; - 36 - #4937609.1 Town Council Page 53 of 437 Meeting Date: August 25, 2015 (vi) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (vii) Modifications to rights of holders of the Bonds, if material; (viii) Bond calls, if material, and tender offers; (ix) Defeasances; (x) Release, substitution, or sale of property securing repayment of the Bonds, if material; (xi) Rating changes; (xii) Bankruptcy, insolvency, receivership or similar event of the Corporation;(1) (xiii) The consummation of a merger, consolidation, or acquisition involving the Town or the sale of all or substantially all of the assets of the Corporation, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (xiv) Appointment of a successor Paying Agent/Registrar or change in the name of the Paying Agent/Registrar, if material. (b) The Corporation shall notify the MSRB, in a timely manner, of any failure by the Corporation to provide financial information or operating data in accordance with Section 14.02 of this Resolution by the time required by such Section. Section 14.04. Limitations, Disclaimers and Amendments. (a) The Corporation and the Town shall be obligated to observe and perform the covenants specified in this Article for so long as, but only for so long as, the Corporation and the Town remain an “obligated person” with respect to the Bonds within the meaning of the Rule, except that the Corporation in any event will give notice of any deposit made in accordance with Article XII that causes Bonds no longer to be Outstanding. (1) For the purposes of the event identified in (xii), the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. - 37 - #4937609.1 Town Council Page 54 of 437 Meeting Date: August 25, 2015 (b) The provisions of this Article are for the sole benefit of the Owners and beneficial owners of the Bonds, and nothing in this Article, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Corporation undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Article and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Corporation’s financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Article or otherwise, except as expressly provided herein. The Corporation does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CORPORATION OR THE TOWN BE LIABLE TO THE OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CORPORATION OR THE TOWN, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (c) No default by the Corporation in observing or performing its obligations under this Article shall comprise a breach of or default under the Resolution for purposes of any other provisions of this Resolution. (d) Nothing in this Article is intended or shall act to disclaim, waive, or otherwise limit the duties of the Corporation under federal and state securities laws. (e) The provisions of this Article may be amended by the Corporation from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Corporation, but only if (1) the provisions of this Article, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Owners of a majority in aggregate principal amount (or any greater amount required by any other provisions of this Resolution that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Corporation (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Owners and beneficial owners of the Bonds. If the Corporation so amends the provisions of this Article, it shall include with any amended financial information or operating data next provided in accordance with Section 14.02 an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. - 38 - #4937609.1 Town Council Page 55 of 437 Meeting Date: August 25, 2015 ARTICLE XV AMENDMENTS Section 15.01. Amendments. This Resolution shall constitute a contract with the Owners, be binding on the Corporation, and shall not be amended or repealed by the Corporation so long as any Bond remains outstanding except as permitted in this Section. The Corporation may, without consent of or notice to any Owners, from time to time and at any time, amend this Resolution in any manner not detrimental to the interests of the Owners, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the Corporation may, with the written consent of the Owners of the Bonds holding a majority in aggregate principal amount of the Bonds then outstanding, amend, add to, or rescind any of the provisions of this Resolution; provided that, without the consent of all Owners of outstanding Bonds, no such amendment, addition, or rescission shall (i) extend the time or times of payment of the principal of and interest on the Bonds, reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of or interest on the Bonds, (ii) give any preference to any Bond over any other Bond, or (iii) reduce the aggregate principal amount of Bonds required to be held by Owners for consent to any such amendment, addition, or rescission. Section 15.02. Attorney General Modification. In order to obtain the approval of the Bonds by the Attorney General of the State of Texas, any provision of this Resolution may be modified, altered or amended after the date of its adoption if required by the Attorney General in connection with the Attorney General’s examination as to the legality of the Bonds and approval thereof in accordance with the applicable law. Such changes, if any, shall be provided to the Board Secretary and the Board Secretary shall insert such changes into this Resolution as if approved on the date hereof. - 39 - #4937609.1 Town Council Page 56 of 437 Meeting Date: August 25, 2015 ADOPTED AND EFFECTIVE this _____ day of August, 2015. By: _______________________________ President, Trophy Club 4B Economic Development Corporation ATTEST: ____________________________________ Secretary, Trophy Club 4B Economic Development Corporation Signature Page of Resolution #4937609.1 Town Council Page 57 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0562-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/19/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action by the Trophy Club EDC 4B regarding a Concurrent Resolution providing for the collection, handling and transfer of sales tax revenues due and owing to Trophy Club EDC 4B. Attachments:RES 2015-17 - EDC 4B Concurrent Sales Tax.pdf Action ByDate Action ResultVer. Consider and take appropriate action by the Trophy Club EDC 4B regarding a Concurrent Resolution providing for the collection, handling and transfer of sales tax revenues due and owing to Trophy Club EDC 4B. Town Council Page 58 of 437 Meeting Date: August 25, 2015 A CONCURRENT RESOLUTION PROVIDING FOR THE COLLECTION, HANDLING AND TRANSFER OF SALES TAX REVENUES DUE AND OWING TO TROPHY CLUB 4B ECONOMIC DEVELOPMENT CORPORATION _____________________________ Adopted Concurrently By the BOARD OF DIRECTORS OF THE TROPHY CLUB 4B ECONOMIC DEVELOPMENT CORPORATION BOARD (the “Corporation”) and By the TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS (the “Town”) ______________________________________________________ WHEREAS, the Trophy Club 4B Economic Development Corporation (the “Corporation”) is a non-profit industrial development corporation, governed by Chapters 501, 502 and 505 of the Texas Local Government Code, as amended (collectively, the “Act”); and WHEREAS, pursuant to the authority granted in the Act, the Town has levied a one-half of one percent sales and use tax for the benefit of the Corporation, to be used exclusively for its lawful purposes; and WHEREAS, under current policies and procedures established by the Comptroller of Public Accounts of the State of Texas (the “Comptroller”), sales tax belonging to the Town and the Sales Tax belonging to the Corporation are collected, commingled and remitted directly to the Town in undivided interests and without allocation or notations of ownership as between the Town and the Corporation; and WHEREAS, the Corporation proposes to issue its sales tax revenue bonds (the “Bonds”) for its lawful purposes in accordance with the Act, the same to be authorized and issued under and secured respectively by, the terms and provisions of a Bond Resolution (the “Bond Resolution”); and WHEREAS, in order to provide security for the Bonds, it is appropriate and necessary that the Corporation and the Town adopt formal procedures by which the revenues received from the Sales Tax (as defined in said Bond Resolution) are collected, deposited, held, identified, allocated and transferred, to or for the benefit of the Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TROPHY CLUB 4B ECONOMIC DEVELOPMENT CORPORATION, AND BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, acting concurrently, as follows, to-wit: #4430440.1 Town Council Page 59 of 437 Meeting Date: August 25, 2015 Section 1. Short Title, Definitions of Terms. (a) This Resolution may hereafter be cited in the Bond Resolution and in other documents and without further description as the “Sales Tax Collection Resolution.” (b) All capitalized terms used herein, including the preambles hereof and not otherwise, defined herein, shall have the meanings assigned to them in the Bond Resolution. Section 2. Sales Tax Revenue Fund. (a) The Corporation, with the concurrence and approval of the Town, as evidenced by its concurrent adoption hereof, creates and orders that there be established for the Corporations benefit a special fund to be named the “Sales Tax Revenue Fund.” (b) The Sales Tax Revenue Fund shall be held and maintained by the Town, on behalf of the Corporation, at its official depository bank (the “Depository Bank”) in accordance with the terms and provisions of the Bond Resolution. The monies from time to time on deposit in the Sales Tax Revenue Fund, shall be transferred, used and applied as directed by the Bond Resolution. Section 3. Collection and Transfer of Undivided Sales Tax Receipts. (a) The Town hereby requires and orders that all remittances of commingled sales and use tax collections belonging to the Town and the Corporation in undivided interests (the “Undivided Sales Tax Receipts”) shall be deposited as received, or transmitted by the Comptroller directly, to the depository account of the Town held and maintained by the Town at the Depository Bank and the Town shall request the Comptroller to transmit such funds by the earliest available and feasible means under the policies of the Comptroller in effect from time to time. (b) Immediately upon receipt of Undivided Sales Tax Receipts from the Comptroller, the Chief Financial Officer or his designee, of the Town shall determine the share of the Undivided Sales Tax Receipts belonging to the Corporation, in accordance with the Act. (c) Within twenty-four hours, or during the next succeeding business day, whichever is later, after receipt, the Town, on behalf of the Corporation, shall transfer the Corporation’s share of the Undivided Sales Tax Receipts into the Sales Tax Revenue Fund. The monies from time to time on deposit in the Sales Tax Revenue fund, shall be transferred, used and applied as directed by the Bond Resolution. (d) The Depository Bank shall not have any responsibility to verify or determine the accuracy of the amounts certified to it from time to time according to this Section. Section 4. Acceptance of Depository Responsibilities. (a) the Town Manager and the Chief Financial Officer of the Town are authorized and directed to develop procedures to which the requirements of this Resolution are met, including the incorporation of this Resolution by the Town into and as a part of the bidding procedures by which the Town designates and selects its Depository Bank or Banks from time to time. (b) Each Depository Bank, by its acceptance of its designation as depository of the Town, agrees to abide by the terms and provisions of this Resolution. -2- #4430440.1 Town Council Page 60 of 437 Meeting Date: August 25, 2015 (c) All reasonable costs, if any, of the Depository Bank associated with the administration of the terms and provisions of this Resolution shall be paid for by the Corporation as an administrative expense under the Bond Resolution and shall be paid by the Corporation upon receipt of statements therefore from the Depository Bank. Such costs, if any, shall never constitute a cost, liability, or obligation of the Town. Section 5. Effect of Resolution. The Town and the Corporation acknowledge that the Bonds entered into the Bond Resolution will be purchased in reliance upon timely and diligent compliance with the terms and requirements of this Resolution. Section 6. Effective Date. This Resolution shall take effect upon and as of the last date of adoption by either the Town or the Corporation. -3- #4430440.1 Town Council Page 61 of 437 Meeting Date: August 25, 2015 ADOPTED this 25th day of August, 2015. TROPHY CLUB 4B ECONOMIC DEVELOPMENT CORPORATION __________________________________________ President ATTEST: ________________________________ Secretary ADOPTED this 25th day of August, 2015. TOWN OF TROPHY CLUB, TEXAS By: _______________________________________ Mayor ATTEST: ________________________________ Town Secretary [SEAL] Signature Page to Concurrent Resolution Town Council Page 62 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0565-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/20/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action by the Trophy Club EDC 4B regarding a Resolution of the Trophy Club EDC 4B of the Town of Trophy Club, Texas, authorizing the expenditure of corporation funds for the purchase of real estate and providing and effective date. Attachments:RES 2015-18 - EDC 4B Expenditure of Funds.pdf Action ByDate Action ResultVer. Consider and take appropriate action by the Trophy Club EDC 4B regarding a Resolution of the Trophy Club EDC 4B of the Town of Trophy Club, Texas, authorizing the expenditure of corporation funds for the purchase of real estate and providing and effective date. Town Council Page 63 of 437 Meeting Date: August 25, 2015 TROPHY CLUB 4B ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. 2015-18 A RESOLUTION OF THE TROPHY CLUB 4B ECONOMIC DEVELOPMENT CORPORATION OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE EXPENDITURE OF CORPORATION FUNDS FOR THE PURCHASE OF REAL ESTATE AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Trophy Club 4B Economic Development Corporation (the “Corporation”) was created as a result of the approval of the voters of the Town; and WHEREAS, the enhancement of the local economy is in the best interest of citizens of the Town; and WHEREAS, the categories and scope of the projects authorized and approved by the voters included the full range of economic development projects authorized under the law; and WHEREAS, Town staff has proposed the use of 4B Economic Development Funds for the acquisition of a significant tract of undeveloped property in the Town (the “Property”); and WHEREAS, the Town’s acquisition of the Property will serve to assist the Town to meet the goals approved by the voters in authorizing the creation of the Corporation; and WHEREAS, the Town’s acquisition of the Property will serve to promote new or expanded business enterprises including sports, athletic, entertainment, tourist, convention, and public park purposes and events, and any other purpose authorized by the Act, including but not limited to land, buildings, equipment, facilities, and improvements required or suited for public safety facilities, streets, roads, drainage and related improvements, general municipal improvements and other projects that promote or develop new or expanded business enterprises, professional and amateur (including children’s) sports, athletic, entertainment, tourist, convention and public park purposes, including stadiums, ballparks, auditoriums, amphitheaters, concert halls, municipal buildings, museums, exhibit facilities and related stores, restaurants, concessions, parking and transportation facilities, and water and sewer facilities (the “Project”); and WHEREAS, the Board held a public meeting and public hearing regarding the Project on July 6, 2015; and WHEREAS, all constitutional and statutory prerequisites for the approval of this Resolution have been met, including but not limited to the Open Meetings Act and Chapter 501 and 505 of the Local Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE TROPHY CLUB 4B ECONOMIC DEVELOPMENT CORPORATION OF THE TOWN OF TROPHY CLUB, TEXAS: #4984145.1 Town Council Page 64 of 437 Meeting Date: August 25, 2015 Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in its entirety. Section 2. That the Board hereby authorizes and approves the Project to include the expenditure of up to $3 million in Corporation funds, including from the proceeds of the Corporation’s Sales Tax Revenue Bonds, for the purchase of real estate. The Board hereby ratifies the publication of any and all required notices for the proposed issuance of debt as required by law, including but not limited to Section 505.160 of the Local Government Code. Section 3. That this resolution shall take effect from and after the date of its passage. [SIGNATURE PAGE TO FOLLOW] -2- #4984145.1 Town Council Page 65 of 437 Meeting Date: August 25, 2015 PASSED AND APPROVED BY THE TROPHY CLUB 4B ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS OF THE TOWN OF TROPHY CLUB, TEXAS ON THIS THE _____ DAY OF ____________, 2015. APPROVED: By: Name: Gregory Wilson Title: Board Vice President ATTEST: Board Secretary #4984145.1 Signature Page Trophy Club 4B Resolution Town Council Page 66 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0527-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action by Town Council of the Town of Trophy Club, Texas, regarding a Resolution approving and authorizing a project of the Trophy Club Economic Development Corporation 4B to purchase land for authorized purposes (Second Reading). Attachments:Staff Report - EDC 4B Project - 2nd Reading.pdf RES 2015-12 - EDC 4B Project.pdf Action ByDate Action ResultVer. Consider and take appropriate action by Town Council of the Town of Trophy Club, Texas, regarding a Resolution approving and authorizing a project of the Trophy Club Economic Development Corporation 4B to purchase land for authorized purposes (Second Reading). Town Council Page 67 of 437 Meeting Date: August 25, 2015 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: EDC Project Resolution (2nd Reading) Town Council Meeting, August 25, 2015 Agenda Item: Consider and take appropriate action by Town Council of the Town of Trophy Club, Texas, regarding a Resolution approving and authorizing a project of the Trophy Club Economic Development Corporation 4B to purchase land for authorized purposes (Second Reading). Explanation: Project notice was published on June 19, 2015 and a Public Hearing was held at the EDC 4B’s meeting on July 6th related to purchase of land for authorized purposes. From the date notice was published, there is a required sixty day waiting period to final approval of the project. Council approved the first reading of the project resolution, on consent, at the August 11th Council meeting. This is the second of two required readings of the resolution which meets the sixty day waiting period requirement. Attachments: • Resolution No. 2015-12 Recommendation: Staff recommends approval of the second reading of the resolution authorizing a project of the EDC 4B to purchase land for authorized purposes. Town Council Page 68 of 437 Meeting Date: August 25, 2015 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2015-12 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING AND AUTHORIZING A PROJECT OF THE TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION TO PURCHASE LAND FOR AUTHORIZED PURPOSES. WHEREAS, the Town of Trophy Club, Texas (the “Town”), has approved and authorized the creation of the Trophy Club Economic Development Corporation (the “Corporation”) as a Texas nonprofit corporation, pursuant to Chapters 501, 502 and 505 of the Texas Local Government Code, as amended (the “Act”), to act on behalf of the Town in its pursuit of economic development to promote and develop projects so as to eliminate unemployment and underemployment and to promote and encourage employment and the public welfare and to promote new and expanded business enterprises; and WHEREAS, the levy by the City of an economic development sales and use tax (the “Sales Tax”), for the benefit of the Corporation under the Act was authorized by a majority of the qualified voters of the City voting at an election called and held for that purpose; and WHEREAS, the City has established and levies, maintains and collects on behalf of the Corporation the Sales Tax pursuant to the Act; and WHEREAS, upon receipt of the proceeds of the Sales Tax the City delivers the proceeds to the Corporation to use in carrying out its functions; and WHEREAS, the Corporation wishes to expend revenues from the Sales Tax, or the proceeds of Corporation sales tax revenue bonds paid from the Sales Tax, on the purchase of approximately 7.441 total acres of land consisting of two parcels located generally at the northeast corner of Trophy Wood Drive and Plaza Drive and at Lot 2, Block 1 Solana Land Addition located generally north of State Highway 114 and west of Trophy Wood Drive within the City, for the purpose of promoting new or expanded business development in accordance with the purposes authorized by Chapter 505 of the Act, including Section 505.158 (the “Project”); and WHEREAS, the Corporation anticipates the issuance of sales tax revenue bonds to fund the acquisition of the Project; and WHEREAS, the Town desires to authorize and approve the Project and expenditure of Sales Tax revenues; and WHEREAS, the Corporation has published notice of the Project and will hold a public hearing on the Project, all as specified in the Act; WHEREAS, it is officially found, determined, and declared that the meeting at which this Resolution has been adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including RES 2015-12 Page 1 of 2 Town Council Page 69 of 437 Meeting Date: August 25, 2015 this Resolution, was given, all as required by the applicable provisions of Chapter 551, Texas Government Code, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The findings and determinations set forth in the preambles hereto are hereby incorporated by reference for all purposes. Section 2. The City, acting by and through this City Council, hereby approves and authorizes the Project and the expenditure of Sales Tax revenues for the Project. Section 3. This Resolution shall take effect upon adoption after its second reading. FIRST READING PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 11th day of August 2015. SECOND READING PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 25th day of August 2015. ______________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: __________________________ ______________________________ Holly Fimbres, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Signature Page for Resolution of the Town Council Approving 4B Project RES 2015-12 Page 2 of 2 Town Council Page 70 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0563-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/19/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action by Town Council of the Town of Trophy Club, Texas, regarding a Concurrent Resolution providing for the collection, handling and transfer of sales tax revenues due and owing to Trophy Club EDC 4B. Attachments:RES 2015-17 - EDC 4B Concurrent Sales Tax.pdf Action ByDate Action ResultVer. Consider and take appropriate action by Town Council of the Town of Trophy Club, Texas, regarding a Concurrent Resolution providing for the collection, handling and transfer of sales tax revenues due and owing to Trophy Club EDC 4B. Town Council Page 71 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0526-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action by Town Council of the Town of Trophy Club, Texas, regarding approving a Resolution adopted by the Board of Directors of the Trophy Club EDC 4B authorizing the issuance of Trophy Club EDC 4B Sales Tax Revenue Bonds, Taxable Series 2015; approving the issuance of the bonds and the plan of financing authorized thereby and the financing documents. Attachments:RES 2015-19 - Approving Sale of EDC 4B Bonds.pdf Action ByDate Action ResultVer. Consider and take appropriate action by Town Council of the Town of Trophy Club, Texas, regarding approving a Resolution adopted by the Board of Directors of the Trophy Club EDC 4B authorizing the issuance of Trophy Club EDC 4B Sales Tax Revenue Bonds, Taxable Series 2015; approving the issuance of the bonds and the plan of financing authorized thereby and the financing documents. Town Council Page 72 of 437 Meeting Date: August 25, 2015 RESOLUTION No. 2015-19 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING A RESOLUTION ADOPTED BY THE BOARD OF DIRECTORS OF THE TROPHY CLUB 4B ECONOMIC DEVELOPMENT CORPORATION AUTHORIZING THE ISSUANCE OF TROPHY CLUB 4B ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE BONDS, TAXABLE SERIES 2015; APPROVING THE ISSUANCE OF THE BONDS AND THE PLAN OF FINANCING AUTHORIZED THEREBY AND THE FINANCING DOCUMENTS. WHEREAS, the Town of Trophy Club, Texas (the “Town”), has approved and authorized the creation of the Trophy Club 4B Economic Development Corporation (the “Corporation”) as a Texas nonprofit corporation, pursuant to Chapters 501, 502 and 505, Texas Government Code, as amended (the “Act”), to act on behalf of the Town in its pursuit of economic development to promote and develop projects so as to eliminate unemployment and underemployment and to promote and encourage employment and the public welfare; and WHEREAS, pursuant to the authority granted in the Act, the Town has levied a local sales and use tax (the “Sales Tax”) for the benefit of the Corporation, to be used exclusively for the purposes set forth in the Act; and WHEREAS, the Corporation is authorized by the Act to issue its revenue bonds, to be secured by and payable from the Sales Tax; and WHEREAS, the Town and the Corporation have adopted a Concurrent Resolution establishing the Sales Tax Revenue Fund into which the receipts of the Sales Tax are deposited as collected and providing that moneys on deposit in such Fund shall be applied in accordance with a bond resolution authorizing the issuance of the Corporation’s bonds; and WHEREAS, the Corporation has determined to issue its Trophy Club 4B Economic Development Corporation Sales Tax Revenue Bonds, Taxable Series 2015 (the “Bonds”) for the purpose of acquiring land within the Town to be used to promote new or expanded business enterprises including sports, athletic, entertainment, tourist, convention, and public park purposes and events, and any other purpose authorized by the Act, including but not limited to land, buildings, equipment, facilities, and improvements required or suited for public safety facilities, streets, roads, drainage and related improvements, general municipal improvements and other projects that promote or develop new or expanded business enterprises, professional and amateur (including children’s) sports, athletic, entertainment, tourist, convention and public park purposes, including stadiums, ballparks, auditoriums, amphitheaters, concert halls, municipal buildings, museums, exhibit facilities and related stores, restaurants, concessions, parking and transportation facilities, and water and sewer facilities (the “Project”); and WHEREAS, the Board of Directors of the Corporation has approved a Resolution, authorizing the issuance of the Bonds, dated August 25, 2015, (the “Resolution”); and WHEREAS the Act requires that the governing body of the Town approve, by written resolution, any agreement to issue bonds approved by the Corporation; and #4435119.2 Town Council Page 73 of 437 Meeting Date: August 25, 2015 WHEREAS, this Town Council has reviewed the Resolution and, by adoption of this resolution, intends to approve the Resolution and the terms thereof, the issuance of the Bonds, the plan of financing established and approved by the Resolution and the financing documents related thereto; and to make the findings required by the Act to approve the Project; and WHEREAS, it is officially found, determined, and declared that the meeting at which this Resolution has been adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including this Resolution, was given, all as required by the applicable provisions of Chapter 551, Texas Government Code, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Capitalized terms used herein and not otherwise defined shall have the meaning assigned thereto in the Resolution. Section 2. The Town, acting by and through this Town Council, hereby approves: (a) the Resolution and the plan of financing established and approved by the Resolution; and (b) the issuance of the Bonds in the amount and for the purposes referred to in the preambles hereof and as described in the Resolution and the Bonds; and (c) the Paying Agent/Registrar Agreement a copy of which is on file among the records of this meeting; and Section 3. The Town agrees to provide any continuing disclosure information required of the Town by the Resolution. Section 4. This Resolution shall take effect immediately from and after its adoption and the Mayor or Mayor Pro Tem is hereby authorized to sign this Resolution. -2- #4435119.2 Town Council Page 74 of 437 Meeting Date: August 25, 2015 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 25th day of August, 2015. ________________________________ Mayor , Town of Trophy Club, Texas ATTEST: ______________________________________ Town Secretary, Town of Trophy Club, Texas APPROVED AS TO FORM: __________________________________________ Town Attorney, Town of Trophy Club, Texas ________________________________________ Bond Counsel, Town of Trophy Club, Texas Signature Page for Resolution of the Town Council #4435119.2 Town Council Page 75 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0528-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action by Town Council of the Town of Trophy Club regarding permanent waiver with the EDC 4B from the Pool Bond Defeasance. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action by Town Council of the Town of Trophy Club regarding permanent waiver with the EDC 4B from the Pool Bond Defeasance. Town Council Page 76 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0529-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding the Minutes dated July 28, 2015. Attachments:Draft TC Minutes July 28, 2015.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Minutes dated July 28, 2015. Town Council Page 77 of 437 Meeting Date: August 25, 2015 DR A F T MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, July 28, 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, July 28, 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 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Stephen Seidel Town Manager Patricia Adams Town Attorney Steven Glickman Assistant Town Manager/CFO Holly Fimbres Town Secretary/RMO Patrick Arata Police Chief Pat Cooke Development Services Manager April Reiling PIO/Marketing Manager Danny Thomas Fire Chief John Zagurski Strategic Services Coordinator Mayor Sanders announced the date of Tuesday, July 28, 2015, called the Town Council to order and announced a quorum at 7:03 p.m. The Invocation was offered by Council Member Parrow. The Pledges were led by Council Member Shoffner. Mayor Sanders made an announcement that the Town Council, Directors of Economic Development Corporation (EDC) 4B and Town Staff are pleased to announce that famed Dallas eatery and bar, Bread Winners Café and Bakery & The Quarter Bar, is opening a new location in Trophy Club next year. Owners Jim and Cindy Hughes have signed the lease on a property located on State Highway 114 frontage road in the Trophy Wood District. Design plans for the new restaurant and bar are underway and include the uniquely eclectic Bread Winners style with classic architectural touches, a court yard feel, rooftop space and old-world charm. The Trophy Club location is the first Bread Winners and Quarter Bar in Tarrant County and brings the restaurant’s sought after, world-class menu to the western portion of DFW. From breakfast, brunch, lunch and dinner to cocktail hour, Bread Winners and Quarter Bar will service the region with enticing daily specials, delicious food options and unique bar concoctions. The Trophy Club restaurant will also serve as the corporate catering hub for the west side of the Metroplex. The Town Council and EDC 4B Board hit a home run with the Old Town Development collaboration; Justin Springfield and Chris Gordon have done a great job partnering with the Town to seek restaurants that align with our vision as a community and region, The addition of Bread Winners and Quarter Bar will not only elevate Trophy Club’s dining market, but also help jumpstart economic development activity in the Trophy Wood District as an up-and-coming Town Council Minutes July 28, 2015 Page 1 of 36Town Council Page 78 of 437 Meeting Date: August 25, 2015 DR A F T suburban destination featuring distinctive dining, overnight accommodations, and development plans for future shopping, a Town Hall and Police facility and public amenities. (Town Secretary Note: Item No. 2 and Item No. 3 were presented together; Item No. 10 was presented before Item No. 9; and Council entered into Executive Session during Item No. 9 and then went back to Item No. 9) 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. 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. 1. Consider and take appropriate action regarding the Minutes dated June 23, 2015. Mayor Sanders requested to remove Item No. 1 from the Consent Agenda. REGULAR SESSION 1. Consider and take appropriate action regarding the Minutes dated June 23, 2015. Mayor Sanders stated that there were two amendments, which included the addition of the following language on page 2: From the Interlocal Cooperation Agreement for July 4th Community Event between the Town and TCMUD No. 1 II. OBLIGATIONS TOWN shall submit to DISTRICT an invoice showing the total cost of the fireworks display for the July 4, 2015 event, and DISTRICT shall pay TOWN the sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) on or before July 16, 2015 as the DISTRICT’s share of the cost of the display. In consideration for DISTRICT’s payment, TOWN shall prominently feature DISTRICT’s logo on the Patriot 5K and Fun Run T-Shirts, shall provide and display a 4x6 banner with DISTRICT’s logo carried by volunteers near the beginning of the parade line-up for the Parade of Patriots, and shall provide and display a 4x6 banner acknowledging DISTRICT as an event contributor, which banner shall be displayed from the event stage. Amendment according to the motion: II. OBLIGATIONS TOWN shall submit to DISTRICT an invoice showing the total cost of the fireworks display for the July 4, 2015 event, and DISTRICT shall pay TOWN the sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) on or before July 16, 2015 as the DISTRICT’s share of the cost of the display. In consideration for DISTRICT’s payment, TOWN shall prominently feature DISTRICT’s logo on the Patriot 5K and Fun Run T-Shirts, invite all MUD Directors to participate in the Parade of Patriots, shall provide and display a 4x6 banner with DISTRICT’s logo carried by Town Council Minutes July 28, 2015 Page 2 of 36Town Council Page 79 of 437 Meeting Date: August 25, 2015 DR A F T volunteers near the beginning of the parade line-up for the Parade of Patriots, and shall provide and display a 4x6 banner acknowledging DISTRICT as an event contributor, which banner shall be displayed from the event stage. The second amendment included the addition of the following language on page 6: Council Member Shoffner commented that he would like to see a section in the ordinance that residents are allowed to use their own traps to capture animals because there is a limited amount of traps that the Town has, which creates a waiting period. He added that there could be a fee involved if the ACO has to remove an animal from a trap. Mrs. Edstrom commented that there could be a possibility to provide the specifics for the required type of traps that can be used. Additionally, she asked for direction from the Council how to proceed with the ordinance. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve the Minutes dated June 23, 2015, as presented at the dais. Motion passed unanimously. 2. Receive an update from GSBS regarding the Police and Town Hall facility; discuss and take appropriate action regarding update, facility, timeline, project schedule, cost and financing. Attachment A – GSBS Police Department and Town Hall Presentation Tom Batenhorst, GSBS Principal, provided an update regarding the Police and Town Hall facility, which included: Site Plan A1; Site Plan A2; Site Plan B; Floor Plan – Council Ramp; Floor Plan – Elected Official; Floor Plan – Public Lobby/AV Door; Floor Plan; Master Site Plan; DIRTT – American Beacon; Rendering Option 1 and Sketches; Rendering Option 2; Master Site Plan; Floor Plan; Animal Control; Rendering Option 1 - Alternate; Option 2 – Sketches; and Rendering Option 3. Discussion took place to add a door from the Animal Control Officer’s office to the Animal Holding area. Mayor Sanders, Mayor Pro Tem Lamont and Council Member Parrow wanted to see additional design options for Option No. 2 in order to compare the three options. Mayor Sanders discussed having three options to present to citizens and receive their input. Council Member Shoffner commented that out of the three options, he prefers Option No. 3 because he believes that the facility would withstand the test of time and not become outdated in appearance. After asked to give his preference, Town Manager Seidel commented that each option has its own merits, but his preference is Option No. 3 because it has a more modern and traditional appearance and will stand the test of time. Council Member Kurtz stated that based on the Town Manager’s preference, he would like to see additional renderings for Option No. 1 and Option No. 3. Council Member Parrow commented that he was impressed with and preferred Option No. 3. Mayor Pro Tem Lamont commented that he preferred Option No. 3 and stated that he would like to have the windows on Town Hall side, in the middle portion, the same size as the windows to the west. Mayor Sanders asked to elevate the Town Hall side in Option No. 1 which will give a different appearance. Town Council Minutes July 28, 2015 Page 3 of 36Town Council Page 80 of 437 Meeting Date: August 25, 2015 DR A F T Mayor Pro Tem Lamont and Council Members Reed, Rowe and Shoffner believed that there is an advantage to call the Bond Election and have a rendering that the Council has agreed upon that can be refined, which would save funds on architectural fees. (Town Secretary Note: Item No. 3 was presented) Council Member Reed commented that he believed having the Animal Holding Facility at the Police Department will be a positive feature for the Town’s community. Council Rowe stated that he was in favor of the Animal Holding Facility because he believed it would be a true service to offer the citizens. Council Parrow commented that the cost to add the Animal Holding Facility is approximately $200,000, and stated that the numbers that Susan Edstrom shared reflected that less than 100 pets per year are handled by the Animal Control Officer. Council Shoffner commented that he believed it would be a benefit to the citizens to be able to pick up their pets at the new facility, as opposed to driving to Keller if there was not an Animal Holding Facility within the Town. After discussion, Mayor Sanders commented that there seemed to be consensus to move forward with the Animal Holding Facility plans and to remove the road connection to T.W. King Drive. Discussion took place regarding to exclude the addition of a second story on the Town Hall side of the facility, and that the twenty (20) foot shifting on either side of the facility was not necessary as discussed at the July 14, 2015, meeting. Mr. Batenhorst commented that the dumpster was moved about two hundred feet from the houses based on a citizen comment at the July 14, 2015, meeting. He continued his presentation and discussed the Opinion of probable Cost – Schematic Design Phase, and pointed out that approximately $350,000 of the cost is associated with the severe grade of the property. He discussed costs that have been decreased since the cost estimate was created, which included funds for the heating and air conditioning and for the A/V system. Discussion took place that the estimated cost includes a 2.4 inflation factor for bidding next June and a five percent contingency. Town Manager Seidel stated that the estimate is building construction cost and stated that professional services will be added. He pointed out that the addition for an Animal Holding Facility has now been added, but Town Staff will continue reviewing ways to refine the total cost. Discussion took place regarding the cost of the prior bond election compared to the upcoming bond election and the desire to get information out to the citizens that the Council has done their due diligence to reduce the size of the facility and reduce the total cost, which included savings from the purchase of the property and sought after assistance from the Crime Control and Prevention District (CCPD) Board. Mayor Sanders commented that he is concerned that if the Council is too reserved with the amount called on the Bond Election, there is potential that the cost could be higher once the facility goes out for bid. He added that the Council could be conservative with their approach with the funds that CCPD is assisting with, in order to provide some protection. Town Manager Seidel stated that coming in at the budget amount or under budget is an expectation that Staff is aiming for, and commented that an option for the Council is to ask for authorization up to a certain amount with the understanding that the entire amount does not have to be issued. Town Council Minutes July 28, 2015 Page 4 of 36Town Council Page 81 of 437 Meeting Date: August 25, 2015 DR A F T Council Member Reed asked to do a fixed price contract, Design-bid-build or Construction Management at Risk, to give the Council the security of staying within the budgeted amount, and stated that he would like the project to begin sooner rather than later. Mr. Batenhorst commented that he will send out the revised numbers this week. No action was taken on this item. RECESSED AT 9:00 P.M. FOR A BREAK RECONVENED AT 9:08 P.M. INTO REGULAR SESSION 3. Receive public input regarding the Police and Town Hall facility; discussion of same. Lynda Sanders, 7 Hayes Court, stated that her personal preference was Option No. 3, which showed potential for great opportunities for Town events to occur. She believed that making a decision tonight regarding the plan would be a mistake because it was not put out to the citizens that a decision would be made at this meeting. She agreed that the opportunity be given to the citizens to review the different options for the facility and be able to provide input to give them a sense of ownership. She believed that the Council has done their due diligence to decrease the cost by reducing the overall size of the facility and by saving funds on the purchase of the land. She asked that the Council look at the needs of the Town, which included ample meeting room space and permanent theatre seating in the Council Chambers. Eric Jensen, 2218 McLean Avenue, stated that his opinion was that it comes down to the overall cost and that the citizens are voting on the bond amount, not the renderings. No action was taken on this item. 4. Consider and take appropriate action regarding committing revenue generated in the Recreation Program Fund. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to accept the recommendation of the Town Auditors to commit funds in the Recreation Fund to fund expenditures associated with providing Recreational Programming. Motion passed unanimously. 5. Consider and take appropriate action regarding TMRS CPI adjustment. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to continue maintaining the annual annuity increase at 30 percent. Motion passed unanimously. 6. Consider and take appropriate action regarding committing $200,000 in the General Fund for Public Safety. Police Chief Arata stated that he provided a draft proposal for an eight year plan, which included training for the officers and narcotic investigations, establish a public education and awareness program, and purchase of specialized equipment. He added that the first year would be approximately $34,000, thereafter would be approximately $22,000 for maintaining the program for the next three years, with an increase in the fifth year to allow for upgrade of equipment. Additionally, he stated that a system would be established for reporting to the Council every six months. Town Council Minutes July 28, 2015 Page 5 of 36Town Council Page 82 of 437 Meeting Date: August 25, 2015 DR A F T Council Member Rowe commented that he was in favor of the reporting mechanism, and that his main goal was to allow the Police Chief the ability to have flexibility with the funds for the program. Discussion took place regarding funding of the K-9 services program, and that the proposed $200,000 would give the ability to expand or modify the program. Assistant Town Manager/CFO Glickman stated that the proposed funds would be set aside in an assigned fund balance, the funds could only be used for Public Safety of this program, and that the funds would be drawn down over the course of eight years. He added that the reserve funds would be effective tonight if the Council approved the funds. Council Member Shoffner asked if it would be of more benefit to have the Council allocate $40,000 this year and review next year’s amount based on the information that Police Chief Arata provided. Council Member Rowe stated that it would be based on if the Council would like to give the Police Chief the ability to use the funds at his discretion with a reporting mechanism, or have the Police Chief request the funds each year. Main Motion: Motion made by Council Member Rowe, seconded by Council Member Reed, to commit $200,000 in the General Fund balance for the purpose of Public Safety to fund special projects and expenditures related to drug enforcement administered by the Police Chief, with a biannual reporting mechanism per the Chief’s comments. Motion to Amend: Motion to Amend made by Mayor Sanders, seconded by Council Member Rowe, to add “in consultation with the Town Manager”, which will read “to commit $200,000 in the General Fund balance for the purpose of Public Safety to fund special projects and expenditures related to drug enforcement administered by the Police Chief in consultation with the Town Manager, with a biannual reporting mechanism per the Chief’s comments”. Motion passed unanimously. Council Member Reed stated that as this program moves forward it will be important to include some data points with the reporting mechanism, and possibly have a report provided every quarter. Council Member Kurtz commented that he would like to inform the residents how the program will be assisting at the schools. The vote for the Main Motion was taken. Motion passed unanimously. 7. Workshop with Council to discuss all other funds in the Town budget and provide direction to Town Staff or take appropriate action. Assistant Town Manager/CFO Glickman began his presentation with Debt Service Fund and Capital Projects Fund. Discussion took place that the new project for the Round-About to Marshall Creek was for road and drainage improvements. Town Manager Seidel stated that he will have Town Engineer Tom Rutledge address questions relating to the project being a 25 year event level versus a 100 year event level. Mayor Pro Tem Lamont commented that he was opposed to placing a monument sign at the dog park, and that he would not commit any funds to Lakeview Soccer Fields until they receive a report from the Organized Sports subcommittee. Town Council Minutes July 28, 2015 Page 6 of 36Town Council Page 83 of 437 Meeting Date: August 25, 2015 DR A F T Assistant Town Manager/CFO Glickman continued his presentation, which included: Court Security Fund; Court Technology Fund; CCPD; EDC 4B; Hotel Occupancy; and Street Maintenance Sales Tax. Council Member Shoffner stated that he would like to be able to use hotel occupancy tax (HOT) funds for any special event that the Town has. Council Member Parrow asked to review the ability to use HOT funds for Veteran and Memorial Day activities. Assistant Town Manager/CFO Glickman continued his presentation, which included: TIRZ No. 1; Recreation Program Fund; Anniversary Fund; Storm Drainage Fund; Storm Drainage Fund Capital Projects; and Trophy Club Park. Discussion took place regarding cost associated with Trophy Club Park and the submission to Federal Emergency Management Agency (FEMA) to participate in a grant program. Council Member Shoffner stated that the Town needs to establish a reserve fund for Trophy Club Park. Discussion took place regarding potential fees for each horse or motorized vehicle that enters the Park that could go into a reserve fund, upcoming Parks and Recreation Board recommendations regarding horse fees, and the ability to create a voluntary park fund contribution on citizen’s water bill. Assistant Town Manager/CFO Glickman continued his presentation regarding the Capital Improvement Plan (Current Projects). Discussion took place regarding the number of proposed youth practice soccer fields and that Staff is working with Teague Nall and Perkins and Northwest Independent School District. Discussion also took place related to the construction time frame of Cypress Court drainage improvements, and the reconstruction of Pin Oak Court and Timberline Court. Town Manager Seidel discussed budget items that will be on upcoming Council agendas, and stated that the proposed Fiscal Year 2016 Budget will be provided to the Council prior to the August 11, 2015 Council meeting. No action was taken on this item. 8. Discuss and provide direction to Town Staff regarding potential amendments to the Town Charter for voter consideration at the November, 2015 election. Motion: Motion made by Council Member Rowe, seconded by Council Member Reed, to place the proposed Charter Amendment eliminating term limits on the November 2015 ballot. Mayor Pro Tem Lamont commented that while he supported term limits in 2009, he will support the item to be placed on the ballot to allow citizens the right to vote regarding term limits. The vote was taken. The motion passed unanimously. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to place the proposed Charter Amendment to allow Council to serve on boards and commissions on the November 2015 ballot. Mayor Pro Tem Lamont stated that other local municipalities allow Council to serve on EDC 4B and Tax Increment Town Council Minutes July 28, 2015 Page 7 of 36Town Council Page 84 of 437 Meeting Date: August 25, 2015 DR A F T Reinvestment Zone (TIRZ) No. 1 and discussed the benefit of having a Council Member on the boards. He wanted the ability for the citizens to be able to vote on the topic. Council Member Rowe commented that although he supported the principle of the proposed amendment, since some boards are not just being recommending bodies but some make financial decisions, he would like to keep the ballot short and focused on the topics at hand. The vote was taken. Motion failed for lack of majority 1-6-0 with Mayor Pro Tem Lamont voting for, and Mayor Sanders, and Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner voting against. Motion: Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to place the proposed Charter Amendment to remove the Budget Submission Date requirement on the November 2015 ballot. Assistant Town Manager/CFO Glickman stated that certified tax values usually do not come in until July 24th or 25th which creates difficulty to incorporate those numbers into the budget by the August 1st deadline, and stated that the Town is already governed by Truth-in-Taxation requirements. The vote was taken. The motion passed unanimously. 9. Consider and take appropriate action regarding the permitting and other regulations for Wastewater Treatment Plant. Attachment B – WWTP Timeline Town Manager Seidel stated that the Town is in the process of reviewing the plans for the Trophy Club Municipal Utility District Wastewater Treatment Plant. He stated that the public hearing for the Conditional Use Permit will be on the Planning and Zoning Commission August 6, 2015 agenda and on the Council August 11, 2015 agenda. He provided an update regarding plans that have been submitted by TCMUD No. 1, and he discussed issues with the Final Plat not aligning with the Preliminary Plat, which included the right-of-way and the flowage easement. Additionally, he stated that Town Staff have been working to find a way to keep the process moving forward. Council Member Shoffner requested to seek Legal Advice regarding Item No. 9. (Town Secretary Note: Council entered into Executive Session.) Council Member Shoffner inquired if it was a requirement that the Preliminary and Final Plat match. Town Manager Seidel stated that TCMUD No. 1 requested to carrying the preliminary plat and final plat concurrently, therefore the two plats need to match going through the process because there is not time allotted to vet further refining. Mayor Sanders inquired what is keeping Town Staff from issuing a permit so that TCMUD No. 1 can start certain items. Development Services Manager Cooke stated that the Town’s Subdivision Rules and Regulations do not allow the Town to issue permits without a plat. Council Member Parrow commented that it was his understanding, after communication with TCMUD No. 1 Director Jim Thomas, that the documents were reviewed by Denton County and that the final analysis was that the documents were surveys and not plats, but were identified by the surveyor as a plat. Town Council Minutes July 28, 2015 Page 8 of 36Town Council Page 85 of 437 Meeting Date: August 25, 2015 DR A F T Council Member Rowe asked how plats are normally acquired. Development Services Manager Cooke stated that typically a civil engineer would be hired to survey the property and create the plat. Additionally, he discussed that the zoning of the property is Government Use (GU) and a treatment plant requires the additional level of a CUP, which is being moved forward in the process. Town Manager Seidel stated that the existing treatment plant is a legal existing non-conforming use, meaning it was constructed prior to the Town’s Subdivision Rules and Regulations being adopted and implemented. He stated that TCMUD No. 1 is intensifying the use and constructing new structures on the property, which triggers TCMUD No. 1 to conform to the legal conforming use, including having a filed plat, approved site plan, and a CUP. Council Member Parrow asked why the treatment plant falls under the Town’s Subdivision Rules and Regulations. Town Manager Seidel stated that there has been a general misunderstanding of the word “subdivision” and that it is meant to refer to creating a lot and legal description, and stated that the key is that TCMUD No. 1 is creating a new lot, with a new legal description, and with new metes and bounds. Council Member Rowe asked what is left on the Town’s side to handle, other than waiting for an official plat from TCMUD No. 1. Development Services Manager Cooke stated they are pending comments from Teague Nall and Perkins regarding the final plat. Town Attorney Adams stated that at this point the final plat application is incomplete, and that the Town will notify TCMUD No. 1 of the items that are missing after review. Council Member Parrow asked if the Town were to move forward without the required documents, what would be the Town’s exposure for taking that action. Town Attorney Adams stated that Town Staff do not have the authority to move forward without the required documents, and if the Town accepts a plat and issues a building permit with the structure encroaching on Corps of Engineer property or private property, the Town is liable for a lawsuit for granting approval. Town Manager Seidel commented that the Site Plan has been submitted but the Town cannot finalize the review until the plat is complete. TCMUD No. 1 Secretary/Treasurer Kevin Carr, 15 Edgemere Drive, commented that TCMUD No. 1 is only addressing the treatment plant, not three parcels. He read the Towns definition of subdivision and read requirements of a plat. Town Manager Seidel stated that their final plat shows that they are combining three parcels into one lot. TCMUD No. 1 Secretary/Treasurer Carr commented that there was supposed to be an agreement that mentions allowing the municipality to take control over what was previously approved by the County regulations and requirements by September 2001. Council Member Reed asked if it was their desire to move forward because they believe they do not need a plat. TCMUD No. 1 Secretary/Treasurer Carr stated that his personal belief is that the property does not need to be platted. Town Council Minutes July 28, 2015 Page 9 of 36Town Council Page 86 of 437 Meeting Date: August 25, 2015 DR A F T Council Member Reed inquired if the option to extend the timeline has been made to Texas Commission on Environmental Quality (TCEQ). TCMUD No. 1 Secretary/Treasurer Carr stated that TCMUD No. 1 will have a Special meeting on Monday. Mayor Pro Tem Lamont inquired when the bid for the treatment plant was awarded. TCMUD No. 1 General Manager Jennifer McKnight stated that it was awarded the first part of April. TCMUD No. 1 Secretary/Treasurer Carr stated that he spoke with a representative with Denton County Appraisal and that it used to be common for them to accept abstract plans as plats, and that they provided him with a stamped document. TCMUD No. 1 Director Thomas began to speak during Mr. Carr’s comments but was not recognized by the Mayor. Motion: Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to call the previous question and debate. Motion carried 5-2-0 with Mayor Pro Tem Lamont, and Council Members Parrow, Reed, Rowe, and Shoffner voting for and Mayor Sanders and Council Member Kurtz voting against. 10. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for August 11, 2015 meeting and discussion of Future Agenda Items. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. Mayors Sanders requested to move the Ordinance to amend the formation of the Parks and Recreation Board Ordinance from the August 11, 2015, Council Agenda to the August 25, 2015, Council Agenda due to Council Member Shoffner being unable to attend the next meeting, but that he will be participating remotely using video conferencing. He requested to move the permanent waiver with the EDC 4B from the Pool Bond Defeasance to the August 25, 2015, agenda to allow discussion with the EDC 4B during the Joint Session. Additionally, he asked to remove Item No. 11 from the Town Council Future Agenda Items List: Discussion of and take appropriate action regarding the Parks RFP. Council Member Parrow asked to add an item to the Town Council Future Agenda Items List: Discuss authorizing the Mayor to issue a proclamation to lower flags to half staff at times of National tragedy when the current Administration chooses to delay doing so. Council Member Shoffner asked to remove Item No. 9 from the Town Council Future Agenda Items List: Discussion of and take appropriate action regarding the Town involvement with the kickball organization for scheduling and establishing a body to represent the kickball players. EXECUTIVE SESSION 11. 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 551.071(2) Consultation with Attorney to consult with its attorney on a matter in which the Town Council Minutes July 28, 2015 Page 10 of 36Town Council Page 87 of 437 Meeting Date: August 25, 2015 DR A F T duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Legal Advice relative to Regular Agenda Item No. 9 CONVENED INTO EXECUTIVE SESSION - START TIME –10:50 P.M. RECONVENED INTO REGULAR SESSION - START TIME – 11:47 P.M. RECONVENED INTO REGULAR SESSION 12. Consider and take appropriate action regarding the Executive Session. No action was taken on this item. ADJOURN Motion made by Mayor Pro Tem Lamont, seconded by Council Member Reed, to adjourn. Motion carried unanimously. Meeting adjourned at 12:31 a.m. ___________________________________ ___________________________________ Holly Fimbres, Town Secretary/RMO C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes July 28, 2015 Page 11 of 36Town Council Page 88 of 437 Meeting Date: August 25, 2015 DR A F T ATTACHMENT A GSBS Police Department and Town Hall Presentation Town Council Minutes July 28, 2015 Page 12 of 36Town Council Page 89 of 437 Meeting Date: August 25, 2015 DR A F T + Site Plan A1 + Site Plan A2 + Floor Plan – Council Ramp + Site Plan B + Floor Plan – Elected Office + Floor Plan – Public Lobby/AV + DIRTT – American Beacon + Floor Plan + Rendering Option 1 - Overall + Rendering Option 1 - Entry + Rendering Option 1 - Sketches + Rendering Option 2 - Overall + Rendering Option 2 - Entry + Master Site Plan + Floor Plan + Floor Plan – Animal Control + Rendering Option 2 - Sketches + Rendering Option 3 - Overall + Rendering Option 3 - Entry + Opinion of Probable Cost + Rendering Option 1 - Alternate Town Council Minutes July 28, 2015 Page 13 of 36Town Council Page 90 of 437 Meeting Date: August 25, 2015 DR A F T SITE PLAN A1 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 1 Town Council Minutes July 28, 2015 Page 14 of 36Town Council Page 91 of 437 Meeting Date: August 25, 2015 DR A F T SITE PLAN A2 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 2 Town Council Minutes July 28, 2015 Page 15 of 36Town Council Page 92 of 437 Meeting Date: August 25, 2015 DR A F T SITE PLAN B 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 3 Town Council Minutes July 28, 2015 Page 16 of 36Town Council Page 93 of 437 Meeting Date: August 25, 2015 DR A F T FLOOR PLAN – COUNCIL RAMP 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 4 Town Council Minutes July 28, 2015 Page 17 of 36Town Council Page 94 of 437 Meeting Date: August 25, 2015 DR A F T FLOOR PLAN – ELECTED OFFICIAL 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 5 Town Council Minutes July 28, 2015 Page 18 of 36Town Council Page 95 of 437 Meeting Date: August 25, 2015 DR A F T FLOOR PLAN – PUBLIC LOBBY/AV DOOR 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 6 Town Council Minutes July 28, 2015 Page 19 of 36Town Council Page 96 of 437 Meeting Date: August 25, 2015 DR A F T FLOOR PLAN 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 7 Town Council Minutes July 28, 2015 Page 20 of 36Town Council Page 97 of 437 Meeting Date: August 25, 2015 DR A F T DIRTT – AMERICAN BEACON 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 8 Town Council Minutes July 28, 2015 Page 21 of 36Town Council Page 98 of 437 Meeting Date: August 25, 2015 DR A F T RENDERING OPTION 1 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 9 Town Council Minutes July 28, 2015 Page 22 of 36Town Council Page 99 of 437 Meeting Date: August 25, 2015 DR A F T RENDERING OPTION 1 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 10 Town Council Minutes July 28, 2015 Page 23 of 36Town Council Page 100 of 437 Meeting Date: August 25, 2015 DR A F T RENDERING OPTION 1 SKETCHES 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 11 Town Council Minutes July 28, 2015 Page 24 of 36Town Council Page 101 of 437 Meeting Date: August 25, 2015 DR A F T RENDERING OPTION 2 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 12 Town Council Minutes July 28, 2015 Page 25 of 36Town Council Page 102 of 437 Meeting Date: August 25, 2015 DR A F T RENDERING OPTION 2 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 13 Town Council Minutes July 28, 2015 Page 26 of 36Town Council Page 103 of 437 Meeting Date: August 25, 2015 DR A F T MASTER SITE PLAN 07.28.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 14 Town Council Minutes July 28, 2015 Page 27 of 36Town Council Page 104 of 437 Meeting Date: August 25, 2015 DR A F T FLOOR PLAN 07.28.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 15 Town Council Minutes July 28, 2015 Page 28 of 36Town Council Page 105 of 437 Meeting Date: August 25, 2015 DR A F T ANIMAL CONTROL 07.28.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 16 Town Council Minutes July 28, 2015 Page 29 of 36Town Council Page 106 of 437 Meeting Date: August 25, 2015 DR A F T RENDERING OPTION 1 – ALTERNATE 07.28.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 17 Town Council Minutes July 28, 2015 Page 30 of 36Town Council Page 107 of 437 Meeting Date: August 25, 2015 DR A F T OPTION 2 - SKETCHES 07.28.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 18 Town Council Minutes July 28, 2015 Page 31 of 36Town Council Page 108 of 437 Meeting Date: August 25, 2015 DR A F T RENDERING OPTION 3 07.28.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 19 Town Council Minutes July 28, 2015 Page 32 of 36Town Council Page 109 of 437 Meeting Date: August 25, 2015 DR A F T RENDERING OPTION 3 07.28.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 20 Town Council Minutes July 28, 2015 Page 33 of 36Town Council Page 110 of 437 Meeting Date: August 25, 2015 DR A F T OPINION OF PROBABLE COST – SCHEMATIC DESIGN PHASE 07.28.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 21 ALTERNATE COST Add 9,000 SF Second Story Shell Over Town Hall $1,000,000 Add 740 SF Animal Support $200,000 Add Connecting Road to East T.W. King Drive $70,000 Town Council Minutes July 28, 2015 Page 34 of 36Town Council Page 111 of 437 Meeting Date: August 25, 2015 DR A F T ATTACHMENT B WWTP Timeline Town Council Minutes July 28, 2015 Page 35 of 36Town Council Page 112 of 437 Meeting Date: August 25, 2015 DR A F T WWTP Timeline 1. June 11: Received notice by e-mail at 7:58 am June 11, 2015 that we needed to move trucks at the maintenance barn in order for work to be performed at the treatment plant. 2. June 11: Pat Cooke went to investigate work being performed and witnessed general contracting mobilizing for what appeared to be a large project. Pat Cooke spoke to the foreman on site and asked to see some plans or permit. He said he didn’t have one. Pat Cooke let him know that they would need to provide plans or a scope of work before performing any further operations. 3. June 11: Pat Cooke came back to the office and verified that we did not have any permit submittals and sent an e-mail at 9:08 asking for construction documentation and permit application from Karl Schlielig and Jennifer McKnight prior to any further work commencing. 4. June 23: Ron Powell and Pat Cooke attended a meeting with MUD personnel and Kevin Glovier, and the general contractor to answer questions they had regarding the plan submittals. 5. July 2: Town received application for Preliminary Plat. The Preliminary Plat was distributed to all Town departments for review. 6. July 7: Initial review comments were sent to Kevin Glovier and Jennifer, explaining that conditional use permit, site plan approval, preliminary plat and final plat would be required. 7. July 14: Met with Kevin Glovier, Jennifer McKnight, and Mike McMahon along with Ron Powell and Pat Cooke. Ron Ruthven also participated via conference call. We discussed timeline for zoning, platting and site plan process; Discussion of possibility of waiver for some requirements. 8. July 17: Revisions to the Preliminary Plat due back from MUD per memo sent on July 7; Nothing was received. 9. July 15: Meeting with Mayor Sanders, Councilmen Shoffner and Reed, MUD Directors Jim Hayes and Jim Moss, Karl, Jennifer McKnight, Stephen Seidel, Pat Cooke and Ron Ruthven via phone. 10. July 20: Received application, waivers, final plat, site plan, and elevations. Received at approximately 3:30 pm. No landscape plan received. Preliminary Plat does not match Final Plat. 11. July 21: Distributed plans to all departments and TNP. Questions from landscape architect were received. 12. July 23: Received all reviews back except for TNP. Ron Ruthven answered questions for landscape architect. Town Council Minutes July 28, 2015 Page 36 of 36Town Council Page 113 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0530-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding an Interlocal Joint Election Agreement between the Town and Denton County Elections for administration of the Town's November 3, 2015 Special Election; authorizing the payment of fees and authorizing the Mayor or his designee to execute all necessary documents. Attachments:Draft Denton County Elections Joint Contract for November 2015 Election.pdf Denton County Elections Joint Contract Signature Page.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Interlocal Joint Election Agreement between the Town and Denton County Elections for administration of the Town's November 3, 2015 Special Election; authorizing the payment of fees and authorizing the Mayor or his designee to execute all necessary documents. Town Council Page 114 of 437 Meeting Date: August 25, 2015 THE STATE OF TEXAS COUNTY OF DENTON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and the following political subdivisions, herein referred to as “Participating Authority or Participating Authorities” located entirely or partially inside the boundaries of Denton County: City of Coppell Town of Copper Canyon Town of DISH Town of Double Oak Town of Flower Mound City of Lewisville Town of Little Elm City of The Colony Town of Trophy Club Alpha Ranch Water Control and Improvement District of Denton and Wise Counties Denton County Fresh Water Supply District No.1-H Mobberly Road Municipal Utility District Tradition MUD 2A and 2B This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section 11.0581 for a joint November 3, 2015 election to be administered by Lannie Noble, Denton County Elections Administrator, hereinafter referred to as “Elections Administrator.” RECITALS Each “Participating Authority” listed above plans to hold a General or Special Election on November 3, 2015. Denton County plans to hold county-wide voting for a Constitutional Amendment Election. The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions (Participating Authorities) desire to use the County’s electronic voting system , to compensate the County for such use, and to share in certain other expenses connected with joint elections, in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The Participating Authorities agree to hold a “Joint Election” with Denton County and each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each Participating Authority agrees to pay the Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint Election; however, each Participating Authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each Participating Authorit y as necessary. It is understood that other political subdivisions may wish to participate in the use of the County’s electronic voting system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election services for those purposes, on terms and conditions generally similar to those set forth in this contract. In such cases, costs shall be pro-rated among the participants according to Section XI of this contract. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The Participating Authorities shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no Page 1 of 8 Town Council Page 115 of 437 Meeting Date: August 25, 2015 instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. II. LEGAL DOCUMENTS Each Participating Authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the Participating Authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be responsible for the preparation and publication of all voting equipment testing notices that are required by the Texas Election Code. Election orders should include language that would not necessitate amending the order if any of the Early Voting and/or Election Day polling places change. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each Participating Authority, including translation to languages other than English. Each Participating Authority shall provide a copy of their respective election orders and notices to the Elections Administrator. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by the county, and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and the Americans with Disabilities Act (ADA). All voting locations must be within the boundaries of Denton County. The proposed voting locations are listed in Attachment A of this agreement. In the event a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location. The Elections Administrator shall notify the Participating Authorities of any changes from the locations listed in Attachment “A.” If polling places for the November 3, 2015 joint election are different from the polling place(s) used by a Participating Authority in its most recent election, the authority agrees to post a notice no later than November 3, 2015 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision’s polling place names and addresses in effect for the November 3, 2015 election. This notice shall be written in both the English and Spanish languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each Participating Authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census shall have one or more election officials who are fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the Participating Authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his Page 2 of 8 Town Council Page 116 of 437 Meeting Date: August 25, 2015 appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant to Texas Election Code Section 32.091. The election judge, or his designee, will receive an additional sum of $25.00 for picking up the election supplies and equipment prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. The compensation rates established by Denton County are: Early Voting – Lead Clerk ($10 an hour), Clerk ($9 an hour) Election Day – Presiding Judge ($11 an hour), Alternate Judge ($10 an hour), Clerk ($9 an hour) Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at the rate of $9 an hour. The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working in support of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and 127.006. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, the County’s electronic voting system and equipment, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. Any additional required materials must be provided by the Participating Authority, and delivered to the Elections Office fourteen (14) calendar days (October 5, 2015) prior to the first day of early voting. If this deadline is not met, the material must be delivered by the entity, to all Early Voting and Election Day locations affected, prior to voting commencing. The Elections Administrator shall be responsible for conducting all required testing of the electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each Participating Authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority’s ballot is to be printed). Said list must be provided to the Elections Office within three (3) business days following the last day to file for a place on the ballot or after the election is ordered, whichever is later. Said list must be in a Word document, the information must be in an upper and lower case format, be in an Arial 12 point font, and contain candidate contact information for the purposes of verifying the pronunciation of the candidates’ names. Each Participating Authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority’s candidates and/or propositions. Each Participating Authority shall be responsible for proofing and approving the audio recording of the ballot insofar as it pertains to that authority’s candidates and/or propositions. The approvals must be finalized with the Elections Office within five (5) calendar days of receipt of the proofs. Page 3 of 8 Town Council Page 117 of 437 Meeting Date: August 25, 2015 The joint election ballots shall list the County’s election first. The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall be arranged with the appropriate school district ballot content appearing on the ballot following the County’s election, followed by the appropriate city ballot content, and followed by the appropriate water district or special district ballot content. Early Voting by Personal Appearance and on Election Day shall be conducted exclusively on Denton County’s eSlate electronic voting system. Provisional ballots cast on election day will be cast on the eSlate electronic voting system . The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election as required by the Election Code. The Elections Administrator shall conduct criminal background checks on the relevant employees upon hiring as required by Election Code 129.051(g). VI. EARLY VOTING The Participating Authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each Participating Authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Denton County Elections Administrator or any Participating Authorities shall serve in that capacity without additional compensation. Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any one of the joint early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The address of the Early Voting Clerk is as follows: Lannie Noble, Early Voting Clerk Denton County Elections PO Box 1720 Denton, TX 76202 The Elections Administrator shall post on the county website each Participating Authority’s early voting report on a daily basis and a cumulative final early voting report following the close of early voting. In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day’s early voting activity will be posted to the county website no later than 8:00 a.m. each business day. VII. EARLY VOTING BALLOT BOARD Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. Page 4 of 8 Town Council Page 118 of 437 Meeting Date: August 25, 2015 VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Lannie Noble, Denton County Elections Administrator Tabulation Supervisor: Kerry Martin, Denton County Deputy Elections Administrator Presiding Judge: Brandy Grimes, Denton County Technical Operations Manager Alternate Judge: Paula Paschal, Denton County Contract Manager The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies at the central counting station and by posting to the Denton County web site. To ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County’s voting equipment will not be released to the participating authorities at the remote collection sites or by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports that are necessary for compliance with Election Code Section 67.004, after all precincts have been counted and will deliver a copy of the unofficial canvass to each Participating Authorities as soon as possible after all returns have been tabulated, via the website. Each Participating Authorities shall be responsible for the official canvass of its respective election(s), and shall notify the Elections Administrator, or his designee, of the date of the canvass, no later than three days after Election Day. The Elections Administrator will prepare the electronic precinct-by-precinct results reports for each Participating Authority to upload to the Secretary of State as required by Section 67.017 of the Election Code The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each Participating Authorities and the Secretary of State’s Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY The Elections Administrator shall administer only the Denton County portion of the elections held by the Participating Authorities. X. RUNOFF ELECTIONS Each Participating Authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the Participating Authorities notifies the Elections Administrator in writing within 3 business days of the original election. Each Participating Authorities shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election Each Participating Authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the November 3, 2015 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Each Participating Authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Tuesday, December 8, 2015, with early voting being held in accordance with the Election Code. Page 5 of 8 Town Council Page 119 of 437 Meeting Date: August 25, 2015 XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The Participating Authorities agree to share the costs of polling places with Denton County. If a polling location is shared by more than one Participating Authority, the costs shall be pro-rated equally among the participants utilizing that polling place. Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each early voting site. Each Participating Authority shall be responsible for a pro-rata portion of the actual costs associated with the early voting sites located within their jurisdiction. Participating Authorities that do not have a regular (non-temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site. Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each Participating Authority’s voters. Each Participating Authority agrees to pay the Denton County Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. Failure on the part of the Participating Authority to meet the deadlines outlined in this agreement may result in additional charges, including but not limited to, overtime costs for Denton County employees. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any Participating Authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each Participating Authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each Participating Authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the Participating Authorities. XIV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting Participating Authorities agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the Participating Authorit y’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. Page 6 of 8 Town Council Page 120 of 437 Meeting Date: August 25, 2015 The Elections Administrator agrees to provide advisory services to each Participating Authority as necessary to conduct a proper recount. XV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County’s election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the Participating Authorities. 2. The Elections Administrator shall file copies of this document with the Denton County Judge and the Denton County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. In the event that one of more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. 8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. XVI. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each Participating Authority under the terms of this agreement is listed below. The exact amount of each Participating Authority’s obligation under the terms of this agreement shall be calculated after the November 3, 2015 election (or runoff election, if applicable). The Participating Authority’s obligation shall be paid to Denton County within 30 days after the receipt of the final invoice from the Elections Administrator, or his designee. The total estimated obligation and required deposit for each Participating Authority under the terms of this agreement shall be provided within 45 days after the last deadline for ordering an election: Estimated Political Subdivision Cost Page 7 of 8 Town Council Page 121 of 437 Meeting Date: August 25, 2015 Rev. 8.13.2015, 2:55 pm Page 8 of 8 Town Council Page 122 of 437 Meeting Date: August 25, 2015 XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to-wit: (1) It has on the _____ day of ___________, 2015 been executed by the Denton County Elections Administrator pursuant to the Texas Election Code so authorizing; (2) It has on the ______ day of ___________, 2015 been executed on behalf of the Town of Trophy Club pursuant to an action of the Town of Trophy Club Town Council so authorizing; ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR: APPROVED: ___________________________________________ LANNIE NOBLE, CERA ACCEPTED AND AGREED TO BY THE TOWN OF TROPHY CLUB TOWN COUNCIL: APPROVED: ATTESTED: _____________________________________________ _______________________________________ C. NICK SANDERS, MAYOR HOLLY FIMBRES, TOWN SECRETARY Town Council Page 123 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0531-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding an amendment to an Interlocal Agreement between the Town and Westlake for installation of illuminated street signs; authorizing the Mayor or his designee to execute all necessary documents. Attachments:Staff Report - Amended ILA for Installation of Illuminated Signs.pdf Amended ILA with Westlake for Illuminated Signs.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an amendment to an Interlocal Agreement between the Town and Westlake for installation of illuminated street signs; authorizing the Mayor or his designee to execute all necessary documents. Town Council Page 124 of 437 Meeting Date: August 25, 2015 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Illuminated Street Signs Town Council Meeting, August 25, 2015 Agenda Item: Consider and take appropriate action regarding an amendment to an Interlocal Agreement between the Town and Westlake for installation of illuminated street signs; authorizing the Mayor or his designee to execute all necessary documents. Explanation: The Town Council, at their July 14, 2015 meeting approved an Interlocal Agreement with Westlake for the installation of illuminated street signs at the intersection of Trophy Club Drive and the Highway 114 East and West access roads. In that agreement it stated that the signs were located in Trophy Club, however, the signs are actually located in Westlake. This amended agreement correctly states that the signs are located in Westlake. Attachments: • Amended Interlocal Agreement for Installation of Illuminated Signs Recommendation: Staff recommends approval of the Interlocal Agreement, as amended, to install illuminated street signs at the intersections of Trophy Club Drive and the Highway 114 East and West access roads. Town Council Page 125 of 437 Meeting Date: August 25, 2015 INTERLOCAL AGREEMENT FOR INSTALLATION OF ILLUMINATED SIGNS This Interlocal Agreement (“Agreement”) is made and entered into by and between the TOWN OF WESTLAKE, a Type A General Law Municipality located in Denton and Tarrant Counties of the State of Texas (“WESTLAKE”) and, the TOWN OF TROPHY CLUB, a home rule municipality located in Denton and Tarrant Counties of the State of Texas (“TROPHY CLUB”), for the purpose of participating in a joint project to install illuminated street name signs within the the Town of Westlake (hereinafter “Project”). WHEREAS, WESTLAKE obtained proposals for the Project and contracted for the installation of illuminated street name signs within WESTLAKE; and WHEREAS, TROPHY CLUB has determined it appropriate to install illuminated street name signs within WESTLAKE; and WHEREAS, the installation of illuminated name street signs is a governmental function that each party to this Agreement is authorized to perform; and WHEREAS, the performance of that governmental function and the costs for the Project shall be paid from current revenues legally available to each party for their respective portion of the Project; and WHEREAS, the governing bodies for WESTLAKE and TROPHY CLUB find that this Agreement serves the common interest of both parties, provides for a fair division of costs between the parties as each will pay the costs of signs installed within its respective jurisdiction, and will benefit the public; and NOW, THEREFORE, WESTLAKE and TROPHY CLUB, for the mutual promises, covenants, Agreements and consideration stated herein, agree as follows: SECTION 1 PROJECT DESCRIPTION WESTLAKE shall contract with a third party for the installation of illuminated street name signage within WESTLAKE, and WESTLAKE shall include in the scope of work for that contract two (2) illuminated street name signs to be installed at the intersection of Trophy Club Drive and State Highway 114 Service Road (eastbound and westbound directions) within WESTLAKE. A diagram depicting the approximate location of the signs is attached hereto and incorporated herein as Exhibit “A”. The illuminated street name signs shall meet the specifications set forth in Exhibit “B”, a copy of which is attached hereto and incorporated herein. WESTLAKE shall serve as the Manager for the Project. SECTION 2 CONSIDERATION In consideration for WESTLAKE’s service as Manager of the Project, TROPHY CLUB shall pay WESTLAKE an amount not to exceed ELEVEN THOUSAND FOUR HUDNRED NINETY FIVE AND NO/100 DOLLARS ($11,495.00) within thirty (30) days after completion of the Project and TROPHY CLUB’s acceptance of the illuminated street name signs installed within WESTLAKE. Page 1 of 6Town Council Page 126 of 437 Meeting Date: August 25, 2015 SECTION 3 MISCELLANEOUS PROVISIONS 3.01 Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in the state district courts of Denton County, Texas. 3.02 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. 3.03 Entire Agreement. This Agreement represents the entire agreement between WESTLAKE and TROPHY CLUB and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument approved by the governing bodies of both WESTLAKE and TROPHY CLUB and executed by those authorized to sign on behalf of the respective governing bodies. 3.04 Immunity and Defenses. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. 3.05 Severability Clause. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation have the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. 3.06 Assignment. This Agreement shall be binding upon the parties hereto, their successors, and assigns. Neither of the Parties shall assign or transfer an interest in this Agreement without the express written consent of the other party. 3.07 Termination. This Agreement may be terminated in whole or in part with or without cause by WESTLAKE or TROPHY CLUB upon fifteen (15) days written notice to the other party by certified mail, return receipt requested, with notice of termination being provided to the non- terminating party and directed to the attention of the non-terminating party’s Town Manager. 3.08 No Joint Venture or Agency. The relationship between the parties to this Agreement shall not be construed or deemed to create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. 3.09 Effective Date. The effective date of this Agreement shall be the last day this Agreement is approved by a party hereto as indicated on the signature blocks below (the “Effective Date”). Page 2 of 6Town Council Page 127 of 437 Meeting Date: August 25, 2015 EXECUTED in duplicate originals on the dates set forth below. TOWN OF TROPHY CLUB C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Holly Fimbres, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas [SEAL] TOWN OF WESTLAKE ATTEST: Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager Town of Westlake, Texas Town of Westlake, Texas [SEAL] Page 3 of 6Town Council Page 128 of 437 Meeting Date: August 25, 2015 STATE OF TEXAS § § COUNTY OF _____________ § This instrument was acknowledged before me on the _____ day of ____________, 2015, by ______________ of Town of Westlake, Texas, a Type A General law municipality of the State of Texas, on behalf of said political subdivision. ___________________________________ Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF ______________ § This instrument was acknowledged before me on the _____ day of ____________, 2015, by ___________________ of the Town of Trophy Club, Texas, a home-rule municipal corporation, on behalf of said political subdivision. ___________________________________ Notary Public, State of Texas Page 4 of 6Town Council Page 129 of 437 Meeting Date: August 25, 2015 "Trophy Club Drive " with "TC" "We stlake Parkway" with "W " logo Exhibit "A" Westlake ILA Page 5 of 6Town Council Page 130 of 437 Meeting Date: August 25, 2015 1 v1E\ivA1iLE:·------------------'l2il·----------------------->! mJ lliJ € .•-. "' 1.97 . 1 .1, .. ~.99~3.471 ------------------~-·123-· ----,---~--------------·~--~·, o'No GRADE REFLECTIVE · CUS.TOMER: NAME: .. m .... : CONSOLIDATED TRAFFIC CONTROLS; INC . . JOB#:N/A CITY/ COUNTY/ STATE: SIGN TYPE: CLEAN PROFILE BODY: SINGLE.SIDE BODY SIZE: 10'-311 X 21 11 (OVERALL) 12011 X 1811 (VIEWABLE) BODY COLOR: BLACK ~P~QV.:0 $Y; DA,TE: PANEL: .POLYCARBONATECLEAR . Fll.'111 TYPE: 3M 1179:..2oc EC BRQWN/ 3M 4090T D~ GRADE BORl)ER: NO BORDER LOGO: TROPHY CLUB ·FONT: CLEARVIEW HWY 3-W SUFFIX & BLOCK: 1O"UC/7"UC BR.Kr: TOP MT. ILLIUM. SOURCE: LED LIGHT ENGINE Exhibit "B" Page 6 of 6Town Council Page 131 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0534-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding an extension to the Fiscal Year 2015 Interlocal Agreement for participation in the City of Fort Worth's Household Hazardous Waste program; and authorizing the Mayor or his designee to execute all necessary documents. Attachments:Letter from City of Fort Worth for FY 2015 Household Hazardous Waste Program.pdf Second Amendment to City Secretary Contract No 45193.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an extension to the Fiscal Year 2015 Interlocal Agreement for participation in the City of Fort Worth's Household Hazardous Waste program; and authorizing the Mayor or his designee to execute all necessary documents. Town Council Page 132 of 437 Meeting Date: August 25, 2015 Fort Worth 1964 • 1993 • 2011 August 3, 2015 Ms. Tammy Ard Town of Trophy Club 100 Municipal Dr Trophy Club TX 76262 FORT WORTH @ RE: FY2015 extension of the interlocal agreement for participat ion in the City of Fort Worth 's Household Hazardous Waste program . Dear Ms. Ard : Enclosed are three copies of the Second Amendment to City Secretary Contract No . 45193 between The Town of Trophy Club and the City of Fort Worth for participation in the City of Fort Worth 's Household Hazardous Waste collection program . With this amendment , the interlocal agreement for participation in the program will be extended through FY2016 (October 1, 2015 through September 30 , 2016). All other conditions , terms and pricing shall remain the same as stated in City Secretary Contract No. 45193. Once the contracts have been executed by The Town of Trophy Club , please return all three copies to the City of Fort Worth for final execution . A fully executed copy will be returned to you for your records . Please return the contracts to : The City of Fort Worth Transportation and Public Works Department Attn: Clarence W. Reed 1000 Throckmorton Fort Worth TX 76102 In order for us to provide uninterrupted service to your residents , please be sure to have these contracts signed and returned to the City of Fort Worth prior to October 1, 2015 . Please call me at 817-392-6107 if you have any questions. Sincerely , ~~~ Clarence W . Reed Acting Assistant Director Environmental Management Enclosures (3) TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ENVIRONMENTAL SERVICES DIVISION THE CITY OF FORT WORTH * 1000 THROC KMORTON STREET * FORT WORTH, TEXAS 76102-6311 817-392-6088 * FAX 817-392-6359 * www.fortworthtexas .gov .. '!..! Printed o n recycl ed paper Town Council Page 133 of 437 Meeting Date: August 25, 2015 STATE OF TEXAS § § § KNOWN ALL BY THESE PRESENTS : COUNTY OF TARRANT SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 45193 THIS SECOND AMENDMENT to City Secretary Contract No. 45193 is entered into by and between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant County, Texas ("Fort Worth"), acting through Fernando Costa, its duly authorized Assistant City Manager, and The Town of Trophy Club, located in Denton and Tarrant County, Texas ("Participant"), acting through C. Nick Sanders, its duly authorized Mayor. WHEREAS, Fort Worth and the Participant have entered into that certain agreement identified as City Secretary Contract No. 45193 (also the "Agreement") for fiscal year 2014 (October 1, 2013 through September 30, 2014) whereby Fort Worth will purchase the services of a waste disposal/re cycling firm or firms and will administer a household hazardous waste collection program as authorized by Mayor and Council Communication C-26421; and WHEREAS, that Agreement was for an initial term of one year and that Agreement provides for the extension of the term for up to three additional periods of one year each; and WHEREAS, City Secretary Contract No. 45193 A-1 extended the contract term from October 1, 2014 through September 30 , 2015; and WHEREAS, the parties wish to extend the term of the initial Agreement for an additional year commencing on October 1, 2015 through September 30, 2016; and WHEREAS, the parties agree that all other conditions, terms, and pricing shall remain the same as stated in City Secretary Contract No. 45193; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed , the parties hereto agree as follows: 1. Extended term of agreement: City Secretary Contract number 45193 is extended to include the term beginning on October 1, 20 15 and ending on September 30 , 2016. Second Amendment to Contract #45193 Page 1of2 Household Hazardous Waste Program -The Town of Trophy Club Town Council Page 134 of 437 Meeting Date: August 25, 2015 2 . Anticipated Holiday Closures: During the extended term of the agreement, the Environmental Collection Center (ECC) will be closed on the following holidays that are observed on days the ECC would otherwise be open to the public: Thanksgiving holiday, Thursday and Friday, November 26-27, 2015 Christmas holiday, Friday, December 25, 2015 New Year's Day holiday, Friday, January 1, 2016 3. Miscellaneous: All definitions , terms, conditions, and prices, as well as the rights and obligations of the parties as set forth in City Secretary Contract number 45193 shall remain unchanged except as expressly set forth herein. IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH BY: ~~~~~~~~~~~- F emando Costa Assistant City Manager Date: APPROVED AS TO FORM AND LEGALITY: Arthur N. Bashor Assistant City Attorney ATTEST: Mary J. Kayser City Secretary First amendment to Contract #45193 Household Hazardous Waste Program -The Town of Trophy Club THE TOWN OF TROPHY CLUB BY: ~~~~~~~~~~~~- C. Nick Sanders Mayor WITNESS: Page 2 of 2 Town Council Page 135 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0566-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/21/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding an Ordinance of the Town amending Chapter 1, “Administration,” Article VIII, “Schedule of Fees” by repealing existing Section 8.16, “Public Works for Public Improvement District No. 1” and adopting a new Section 8.16, “Public Works for Town of Trophy Club Public Improvement District No. 1” to establish fees and rates for water and wastewater services to customers within the boundaries of Trophy Club Public Improvement District (PID) No. 1; providing that MUD1 Services Rules and Policies are applicable to customers within the PID; providing for the incorporation of premises; providing a penalty not to exceed the sum of $500 for each offense; and providing an effective date. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance of the Town amending Chapter 1, “Administration,” Article VIII, “Schedule of Fees” by repealing existing Section 8.16, “Public Works for Public Improvement District No. 1” and adopting a new Section 8.16, “Public Works for Town of Trophy Club Public Improvement District No. 1” to establish fees and rates for water and wastewater services to customers within the boundaries of Trophy Club Public Improvement District (PID) No. 1; providing that MUD1 Services Rules and Policies are applicable to customers within the PID; providing for the incorporation of premises; providing a penalty not to exceed the sum of $500 for each offense; and providing an effective date. Town Council Page 136 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0535-T Name: Status:Type:Agenda Item Public Hearing File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Conduct the First Public Hearing for the proposed tax rate for fiscal year October 1, 2015 to September 30, 2016, and Mayor to announce the date, time and place of the vote on the tax rate. Attachments: Action ByDate Action ResultVer. Conduct the First Public Hearing for the proposed tax rate for fiscal year October 1, 2015 to September 30, 2016, and Mayor to announce the date, time and place of the vote on the tax rate. Town Council Page 137 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0553-T Name: Status:Type:Agenda Item Public Hearing File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Conduct a Public Hearing regarding a request to rezone 5.596 acres, located in the 100 block of Trophy Wood Drive on Lot 4, Block B in the Trophy Wood Business Center, from the PD-Planned Development zoning district to the GU-Government Use zoning district, Case ZC-15-001. Attachments:Staff Report - Case ZC-15-001.pdf Exhibit A - July 28, 2015 Presentation to Town Council.pdf Exhibit B - PD 33 Ordinance.pdf Exhibit C - GU-Government Use District Regulations.pdf Exhibit D - Location and Zoning Maps.pdf Exhibit E - Ordinance No. 2015-20 PZ.pdf Action ByDate Action ResultVer. Conduct a Public Hearing regarding a request to rezone 5.596 acres, located in the 100 block of Trophy Wood Drive on Lot 4, Block B in the Trophy Wood Business Center, from the PD-Planned Development zoning district to the GU- Government Use zoning district, Case ZC-15-001. Town Council Page 138 of 437 Meeting Date: August 25, 2015 To: Mayor and Town Council From: Ron Ruthven, Town Planner CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Case #ZC-15-001 Town Council Meeting, Tuesday, August 25, 2015 Agenda Item: Conduct a Public Hearing regarding a request to rezone 5.596 acres, located in the 100 block of Trophy Wood Drive on Lot 4, Block B in the Trophy Wood Business Center, from the PD-Planned Development zoning district to the GU-Government Use zoning district, Case ZC-15-001. REQUEST: The Town of Trophy Club is requesting to rezone the subject property in order to develop the property for a new joint Town hall and police station. Per the attached drawings, the proposed building is currently approximately 24,000 square feet (sq ft) and includes: • Approximately 8,800 sq ft for the Police Department — includes an animal holding facility • Approximately 6,400 sq ft of common space — lobby areas, community meeting room, training & voting room, public restrooms and Council chambers • Approximately 7,800 sq ft for Town Staff — includes all Town departments, except Fire/EMS, which will remain at the Fire Station Over the last couple of months the Town Council has continued to work with GSBS Architects regarding the proposed Town Hall/Police Department joint facility. No final decisions have been made regarding the cost, design, materials, etc., however the Council has received citizen and staff input on a preliminary master site plan, floor plan, exterior finishes and renderings. As of the date of this briefing, the Council plans to place the Joint Facility Project bond on the November 3, 2015 election ballot for a citizen vote. CURRENT CONDITIONS: The subject property contains 5.596 acres, is platted and undeveloped. The current zoning of the property, PD 33 (attached), was approved by the Council in August 2013, and permits 35 single family detached residential units. PROPOSED GU ZONING: According to Chapter 13-Zoning in the Code of Ordinances, the purpose of the GU zoning district is as follows: Page 1 of 3 Town Council Page 139 of 437 Meeting Date: August 25, 2015 “The GU Governmental Use District is established to apply to those lands where national, state or local governmental activities are conducted and where governments hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly related to the public welfare. It is generally intended to utilize this district to implement the Comprehensive Master Plan.” The following uses are permitted in the GU district either “by right” or conditionally through the issuance of a conditional use permit (CUP) or special use permit SUP. Use Classification Permit Type Gov. Maint Bldg, Storage Yards CUP Required Privately Owned & Operated Playground CUP Required Radio, Television Microwave Towers CUP Required Utility Facilities, Garage, Storage Bldg/Yard CUP Required Utilities Facilities, Energy Plant CUP Required Utility Facilities, Office CUP Required Churches, Temples& Synagogues Permitted Schools, Primary & Secondary Permitted Cemetery and Mausoleums Permitted Cultural Buildings and Facilities Permitted Municipal Admin, Public Service Facilities Permitted Park, Playground, Playlots, Related Facilities Permitted Public Safety Facilities Permitted Social, Recreational, Assembly Bldgs Permitted Utility Facilities, Distribution Lines Permitted Community Center (Non-Profit) Permitted Swimming Pool, Tennis Court (Non- Profit) Permitted Beer & Wine Sales (Off-Premise Consumption Only) SUP Required Mixed Alcoholic Beverage Sales w/Restaurant SUP Required Based on the above chart, the proposed use of the property for a joint Town hall and police station is permitted “by right” under the classification of “municipal admin, public service facilities” and “public safety facilities” in the GU district. FUTURE LAND USE: The 1997 Trophy Club Comprehensive Land Use Plan recommends “commercial/professional” land uses for the subject property. Institutional uses such as the proposed joint Town hall and police station are considered compatible in any future land use category. Therefore, 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. Notice was also mailed to 27 property owners within 200 feet of the subject property. To date no correspondence has been received. Page 2 of 3 Town Council Page 140 of 437 Meeting Date: August 25, 2015 PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission considered this item on August 6, 2015. The Commission voted to recommend approval of this item by a vote of (5-0). STAFF REVIEW AND RECOMMENDATION: The proposed development shall meet all requirements of the Code of Ordinances and any other applicable codes adopted by the Town. Upon approval of the rezoning request, a site plan of the proposed development shall require approval by the Town Council prior to issuance of any building permit. Staff recommends approval. Attachments: Exhibit “A” – July 28, 2015 Presentation to Town Council Exhibit “B” – PD 33 Ordinance Exhibit “C” – GU-Government Use District Regulations Exhibit “D” – Location and Zoning Maps Exhibit “E” – Ordinance No. 2015-20 P&Z Page 3 of 3 Town Council Page 141 of 437 Meeting Date: August 25, 2015 + Site Plan A1 + Site Plan A2 + Floor Plan – Council Ramp + Site Plan B + Floor Plan – Elected Office + Floor Plan – Public Lobby/AV + DIRTT – American Beacon + Floor Plan + Rendering Option 1 - Overall + Rendering Option 1 - Entry + Rendering Option 1 - Sketches + Rendering Option 2 - Overall + Rendering Option 2 - Entry + Site Plan + Floor Plan + Floor Plan – Animal Control + Rendering Option 2 - Sketches + Rendering Option 3 - Overall + Rendering Option 3 - Entry Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 142 of 437 Meeting Date: August 25, 2015 SITE PLAN A1 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 1 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 143 of 437 Meeting Date: August 25, 2015 SITE PLAN A2 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 2 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 144 of 437 Meeting Date: August 25, 2015 SITE PLAN B 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 3 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 145 of 437 Meeting Date: August 25, 2015 FLOOR PLAN – COUNCIL RAMP 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 4 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 146 of 437 Meeting Date: August 25, 2015 FLOOR PLAN – ELECTED OFFICIAL 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 5 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 147 of 437 Meeting Date: August 25, 2015 FLOOR PLAN – PUBLIC LOBBY/AV DOOR 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 6 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 148 of 437 Meeting Date: August 25, 2015 FLOOR PLAN 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 7 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 149 of 437 Meeting Date: August 25, 2015 DIRTT – AMERICAN BEACON 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 8 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 150 of 437 Meeting Date: August 25, 2015 RENDERING OPTION 1 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 9 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 151 of 437 Meeting Date: August 25, 2015 RENDERING OPTION 1 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 10 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 152 of 437 Meeting Date: August 25, 2015 RENDERING OPTION 1 SKETCHES 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 11 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 153 of 437 Meeting Date: August 25, 2015 RENDERING OPTION 2 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 12 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 154 of 437 Meeting Date: August 25, 2015 RENDERING OPTION 2 07.14.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 13 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 155 of 437 Meeting Date: August 25, 2015 MASTER SITE PLAN 07.28.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 14 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 156 of 437 Meeting Date: August 25, 2015 FLOOR PLAN 07.28.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 15 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 157 of 437 Meeting Date: August 25, 2015 ANIMAL CONTROL 07.28.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 16 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 158 of 437 Meeting Date: August 25, 2015 OPTION 2 - SKETCHES 07.28.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 17 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 159 of 437 Meeting Date: August 25, 2015 RENDERING OPTION 3 07.28.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 18 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 160 of 437 Meeting Date: August 25, 2015 RENDERING OPTION 3 07.28.2015 POLICE DEPARTMENT AND TOWN HALL TOWN OF TROPHY CLUB 19 Exhibit A - July 28, 2015 Presentation to Town Council Town Council Page 161 of 437 Meeting Date: August 25, 2015 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 6 2 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 6 3 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 6 4 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 6 5 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 6 6 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 6 7 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 6 8 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 6 9 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 7 0 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 7 1 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 7 2 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 7 3 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 7 4 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 7 5 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 7 6 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 7 7 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 7 8 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 7 9 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 8 0 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 8 1 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t B - P D 3 3 O r d i n a n c e T o w n C o u n c i l P a g e 1 8 2 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 Chapter 13 - Zoning Section 4.18 GU – Government Use District Regulations A. Purpose: The GU Governmental Use District is established to apply to those lands where national, state or local governmental activities are conducted and where governments hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly related to the public welfare. It is generally intended to utilize this district to implement the Comprehensive Master Plan. B. Uses Generally: In a GU Governmental Use District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the GU-Governmental Use District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the GU-Governm ental Use District in accordance with the regulations provided in Section 6.01, Conditional Use Permit. 3. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. C. Plan shal Requirements: No application for a building permit for the construction of a building or structure l be approved unless: 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located. 2. A Site Plan has been approved meeting the conditions as provided in Section 5.09, Site Plan Requirements; and 3. A Landscape Plan, meeting the requirements of Section 7.03, Landscaping Regulations, has been approved. D. Density Regulations: None E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building shall exceed 40' feet or two (2) stories in height. F. Area Regulations: The yard requirements shall not be less than the requirements of the most restrictive abutting property. Exhibit C Town Council Page 183 of 437 Meeting Date: August 25, 2015 Chapter 13 - Zoning addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance and other applicable ordinances of the Town. 3. Maximum Building Coverage The combined area covered by all main and accessory of the total lot area. 4. 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 lot area. 5. Minimum Floor Area None. 6. Front, Rear and Side Yards The yard requirements shall not be less than the requirements of the most restrictive abutting property. Required yards shall comply with Section 5.05 Required Yards. AREA DESCRIPTION AREA REGULATIONS 1. Lot Size None. 2. Minimum Open Space At least twenty percent (20%) of the total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking lots, storage, or vehicular use.) All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In buildings and structures shall not exceed sixty percent (60%) G. Buffered Area Regulations: Whenever any conditional use that is allowable in the GU Governmental Use District abuts a residentially zoned district, a landscaped buffer zone of not less than forty (40) feet in depth shall be provided between the lot line and any building, structure or activity area. All buildings, structures and loading or storage area shall be landscaped to provide visual and acoustical privacy to adjacent property. In addition, screening shall occur in the buffer area and such area shall be provided in accordance with the provisions of Section 7.01, Screening and Fencing. H. Off-Street Parking: Off-street parking shall be provided in accordance with Section 7.04, Off-Street Parking Requirements. I. Off-Street Loading: No off-street loading is required in the GU District. J. Masonry Requirement: All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred (100) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. (Ord No. 98-29, § XXXI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXXI, 3-21-00) Exhibit C Town Council Page 184 of 437 Meeting Date: August 25, 2015 Subject Property Lo c a t i o n M a p SH 1 1 4 Ci t y o f S o u t h l a k e Ex h i b i t D To w n C o u n c i l Pa g e 1 8 5 o f 4 3 7 Meeting Date: August 25, 2015 Subject Property Zo n i n g M a p SH 1 1 4 Ex h i b i t D To w n C o u n c i l Pa g e 1 8 6 o f 4 3 7 Meeting Date: August 25, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-20 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON LOT 4, BLOCK B, TROPHY WOOD BUSINESS CENTER FROM ITS CURRENT ZONING OF PD PLANNED DEVELOPMENT NO. 33, TO GU GOVERNMENT 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 THAT THE ZONING MAP SHALL REFLECT THE GU GOVERNMENT USE DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A CONCEPT PLAN; PROVIDING DEVELOPMENT STANDARDS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”), is authorized and empowered by law, in accordance with Chapter 212 of the Texas Local Government Code, to regulate the subdivision of land and property development within the Town; and WHEREAS, the owner, the Town of Trophy Club, of the tract of land described as Lot 4, Block B, Trophy Wood Business Center as more specifically shown on Exhibit “A”, (the “Land”), is requesting a change in zoning of the Land from PD Planned Development No. 33 to GU Government Use, and is further requesting an amendment to the official Zoning District Map of the Town in accordance with Ordinance No. 2000- 06 P&Z 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 before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Comprehensive Zoning Ordinance No. 2000-06 P&Z as set forth in this Ordinance; and Town Council Page 187 of 437 Meeting Date: August 25, 2015 WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; and WHEREAS, the Town Council has determined that there is a necessity and need for the change in zoning and that the proposed change is consistent with the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. FINDINGS After due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and welfare. SECTION 3. REZONING Ordinance No. 2000-06 P&Z of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended by changing the zoning of Lot 4, Block B, Trophy Wood Business Center, as depicted on Exhibit “A”, from PD Planned Development No. 33 to GU Government Use, and amending the Zoning District Map of the Town to reflect the change in the zoning of the Land. SECTION 4. APPLICABLE REGULATIONS In all respects, the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town; provided however, that in the event of a conflict between the regulations in this Ordinance and the regulations in another applicable ordinance or regulation of the Town, the regulations in this Ordinance shall control. ORD 2015-20 P&Z Page 2 of 5 Town Council Page 188 of 437 Meeting Date: August 25, 2015 SECTION 5. ZONING MAP The Community Development Director is hereby directed to mark and indicate on the official Zoning District Map of the Town the zoning change herein made. SECTION 6. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. SECTION 7. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting regulations governing and regulating the zoning, platting, and subdivision of land which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 8. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 9. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. ORD 2015-20 P&Z Page 3 of 5 Town Council Page 189 of 437 Meeting Date: August 25, 2015 SECTION 10. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 11. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with state law and the Town’s Home Rule Charter. SECTION 12. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 25th day of August, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] 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 2015-20 P&Z Page 4 of 5 Town Council Page 190 of 437 Meeting Date: August 25, 2015 Exhibit “A” Lot 4, Block B, Trophy Wood Business Center ORD 2015-20 P&Z Page 5 of 5 Town Council Page 191 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0554-T Name: Status:Type:Agenda Item Public Hearing File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Conduct a Public Hearing regarding a request to amend Ordinance No. 2013-09, PD Planned Development District No. 32, Exhibit “B” Concept Plan, in order to amend the total common area of Lot 1A, Block J in Canterbury Hills, Phase 1A, Case PD-AMD-15-045. Attachments:Staff Report - Case PD-AMD-15-045.pdf Exhibit A - Application and Materials Submitted by Applicant.pdf Exhibit B - Letter from Homeowner's Association.pdf Exhibit C - PD 32 Ordinance.pdf Exhibit D - Correspondence Received.pdf Exhibit E - Location and Zoning Maps.pdf Exhibit F - Ordinance No. 2015-21 PZ.pdf Action ByDate Action ResultVer. Conduct a Public Hearing regarding a request to amend Ordinance No. 2013-09, PD Planned Development District No. 32, Exhibit “B” Concept Plan, in order to amend the total common area of Lot 1A, Block J in Canterbury Hills, Phase 1A, Case PD-AMD-15-045. Town Council Page 192 of 437 Meeting Date: August 25, 2015 To: Mayor and Town Council From: Ron Ruthven, Town Planner CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Case #PD-AMD-15-045 Town Council Meeting, Tuesday, August 25, 2015 Agenda Item: Conduct a Public Hearing regarding a request to amend Ordinance No. 2013-09, PD Planned Development District No. 32, Exhibit “B” Concept Plan, in order to amend the total common area of Lot 1A, Block J in Canterbury Hills, Phase 1A, Case PD-AMD-15-045. REQUEST: The applicant, Gil Marques, 21 Oxford Place, has submitted a request to amend the concept plan, Exhibit “B” in PD 32 Ordinance 2013-09, in order to incorporate a portion of the common area into his lot. Any change to the amount of common area shown on Exhibit “B” requires an amendment to PD 32 ordinance. The applicant has submitted a proposed floor plan showing the layout of the proposed liquor store. SPECIFIC REQUEST: According the documents contained in the attached Exhibit “A”, the applicant proposes to incorporate 0.047 acres from common area Lot 1A, Block J into his property, Lot 5, Block J. Both Exhibit “B” in PD 32 Ordinance 2013-09 and the plat show a total common area of 1.087 acres for Lot 1A, Block J. The applicant states that the reason for the request is to create more backyard space which may include a future swimming pool addition. A letter from the homeowner’s association in support of the request is attached. CURRENT CONDITIONS: The 0.047 portion to be incorporated into the applicant’s property remains open with no common area amenities. The portion also contains a portion of an existing drainage and utility easement. Although there is currently no drainage or utility infrastructure within this portion of the easement, the easement would nonetheless remain. REPLAT REQUIREMENT: Upon approval of the zoning request, the applicant will be required to replat the properties, Lot 1A and Lot 5, showing the proposed change before final acquisition of the 0.047 acre portion of the common area is completed. Page 1 of 2 Town Council Page 193 of 437 Meeting Date: August 25, 2015 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. Notice was also mailed to 42 property owners within PD 32 and within 200 feet of the subject property. To date, one letter of support has been received. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission considered this item on August 6, 2015. The Commission voted to recommend approval of this item by a vote of (5-0). STAFF REVIEW AND RECOMMENDATION: The proposed amendment meets all requirements of the PD 32 ordinance and the Code of Ordinances. Upon approval, a replat of the two affected properties will be required. Staff recommends approval Attachments: Exhibit “A” – Application and Materials Submitted by Applicant Exhibit “B” – Letter from Homeowner’s Association Exhibit “C” – PD 32 Ordinance Exhibit “D” - Correspondence Received Exhibit “E” – Location and Zoning Maps Exhibit “F” – Ordinance No. 2015-21 P&Z Page 2 of 2 Town Council Page 194 of 437 Meeting Date: August 25, 2015 E x h i b i t " A " - A p p l i c a t i o n a n d M a t e r i a l s S u b m i t t e d b y A p p l i c a n t T o w n C o u n c i l P a g e 1 9 5 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t " A " - A p p l i c a t i o n a n d M a t e r i a l s S u b m i t t e d b y A p p l i c a n t T o w n C o u n c i l P a g e 1 9 6 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t " A " - A p p l i c a t i o n a n d M a t e r i a l s S u b m i t t e d b y A p p l i c a n t T o w n C o u n c i l P a g e 1 9 7 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t " A " - A p p l i c a t i o n a n d M a t e r i a l s S u b m i t t e d b y A p p l i c a n t T o w n C o u n c i l P a g e 1 9 8 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t " A " - A p p l i c a t i o n a n d M a t e r i a l s S u b m i t t e d b y A p p l i c a n t T o w n C o u n c i l P a g e 1 9 9 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t " A " - A p p l i c a t i o n a n d M a t e r i a l s S u b m i t t e d b y A p p l i c a n t T o w n C o u n c i l P a g e 2 0 0 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 Exhibit "A" - Application and Materials Submitted by Applicant Town Council Page 201 of 437 Meeting Date: August 25, 2015 Exhibit "A" - Application and Materials Submitted by Applicant Town Council Page 202 of 437 Meeting Date: August 25, 2015 Exhibit "A" - Application and Materials Submitted by Applicant Town Council Page 203 of 437 Meeting Date: August 25, 2015 E x h i b i t " A " - A p p l i c a t i o n a n d M a t e r i a l s S u b m i t t e d b y A p p l i c a n t T o w n C o u n c i l P a g e 2 0 4 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 Exhibit "A" - Application and Materials Submitted by Applicant Town Council Page 205 of 437 Meeting Date: August 25, 2015 Exhibit "A" - Application and Materials Submitted by Applicant Town Council Page 206 of 437 Meeting Date: August 25, 2015 E x h i b i t " A " - A p p l i c a t i o n a n d M a t e r i a l s S u b m i t t e d b y A p p l i c a n t T o w n C o u n c i l P a g e 2 0 7 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 E x h i b i t " A " - A p p l i c a t i o n a n d M a t e r i a l s S u b m i t t e d b y A p p l i c a n t T o w n C o u n c i l P a g e 2 0 8 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 Exhibit "B" - Letter from Homeowner's Association Town Council Page 209 of 437 Meeting Date: August 25, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-09 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON CERTAIN TRACTS OF LAND DESCRIBED AS A TOTAL OF 11.165 ACRES OF LAND LOCATED GENERALLY TO THE NORTHEAST OF INDIAN CREEK DRIVE, JUST SOUTH OF THE TROPHY CLUB COUNTRY CLUB GOLF COURSE, AND TO THE NORTH OF HARMONY PARK, ALSO KNOWN AS CANTERBURY HILLS II OUT OF THE M. MEDLIN SURVEY, ABSTRACT NO. 832; AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "LEGAL DESCRIPTION" (A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN) FROM ITS CURRENT ZONING OF R-12 SINGLE FAMILY RESIDENTIAL TO PD PLANNED DEVELOPMENT NO. 32 TO BE KNOWN AS CANTERBURY HILLS II; 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 NO. 32 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING AND INCORPORATING EXHIBIT "B" ENTITLED "CONCEPT PLAN"; PROVIDING AND INCORPORATING EXHIBIT "C" ENTITLED "DEVELOPMENT STANDARDS"; ESTABLISHING APPLICABILITY; INCLUDING ARCHITECTURAL AND SITE DESIGN STANDARDS; PROVIDING FOR THE INCORPORATION OF PREMESIS; PROVIDING FINDINGS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as "Town") is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the owner of the tract of land (hereinafter referred to as "Land"), collectively described as an 11.165 acre tract of land currently zoned R-12 Single PD 32 Ordinance Town Council Page 210 of 437 Meeting Date: August 25, 2015 Family Residential, such land being more specifically described in Exhibit "A", a copy of which is attached hereto and incorporated herein, filed an application with the Town Planning & Zoning Commission requesting a change in zoning of the Land into PD Planned Development No. 32, Canterbury Hills II (hereinafter referred to as "PD-32"). Such application further requested an amendment to the official Zoning District Map of the Town in accordance with Ordinance No. 2000-06 P&Z 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 before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Comprehensive Zoning Ordinance No. 2000-06 P&Z as set forth in this Ordinance establishing PD Planned Development No. 32; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; and WHEREAS, the Town Council has determined that the proposed standards provide appropriate regulatory requirements to control future residential and non- residential developments in accordance with the Town's Comprehensive Land Use Plan; and WHEREAS, the Town Council has determined that there is a necessity for the change in zoning and that the proposed change is consistent with the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY ·rHE 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. PD 32 Ordinance Town Council Page 211 of 437 Meeting Date: August 25, 2015 SECTION 2. FINDINGS After due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance and amendment is consistent with the Comprehensive Land Use Plan and general zoning of the Town and in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and welfare. SECTION 3. REZONING A CZO Amended Ordinance No. 2000-06 P&Z of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby rati'fied and affirmed: 1. Rezoning: The zoning on the Land, more particularly described in Exhibit "A", attached hereto and incorporated herein, is hereby changed from R-12 Single Family Residential to PD Planned Development District No. 32, consisting of approximately 11.165 acres of land, for use in accordance with the requirements of this Ordinance and all other applicable ordinances, rules, and regulations of the Town. Requirements of this Ordinance are more specifically described and set forth in Exhibits "A", "B", and "C", which are attached hereto and incorporated herein for all purposes, and shall apply to all 11.165 acres of PD Planned Development No. 32. a. Concept Plan: A concept plan for the Land, and all parts thereof, is attached hereto as Exhibit "B", "Concept Plan" and incorporated herein as if copied in its entirety. Such Concept Plan shall be adhered to in carrying out the development of the Land in accordance with this Ordinance, and compliance with each and every part of this Ordinance and such plan shall constitute a condition precedent to the issuance of any building permit for the Land within PD Planned Development District No. 32. b. Development Standards: The development standards for this PD Planned Development are attached hereto as Exhibit "C", "Development Standards", and are incorporated herein as if copied in their entirety. Such standards and regulations include, but are not limited to, architectural and site design standards and development and design standards. Such Development Standards shall be adhered to in carrying out the development of the Land in accordance with this Ordinance, and shall individually and collectively constitute conditions precedent to the PD 32 Ordinance Town Council Page 212 of 437 Meeting Date: August 25, 2015 granting of any building permit or Certificate of Occupancy for all structures within PD Planned Development No. 32. SECTION 4. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 5. ZONING MAP The Planning and Zoning Coordinator is hereby directed to mark and indicate on the official Zoning District Map of the Town the zoning change herein made. SECTION 6. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. SECTION 7. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting regulations governing and regulating the zoning, platting, and subdivision of land which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECl'ION 8. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. PD 32 Ordinance Town Council Page 213 of 437 Meeting Date: August 25, 2015 SECTION 9. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day or part of a day during or on which a violation occurs or continues. SECTION 10. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code and Town Charter. SECTION 11. ENGROSSMENT & ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter. SECTION 12. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 4th day of March, 2013. C/d'nnie White, Mayor Town of Trophy Club, Texas APPROVED AS TO FORM: ~~~~-~~tV\-d Patricia A Adams, Town Attorney Town of Trophy Club, Texas PD 32 Ordinance Town Council Page 214 of 437 Meeting Date: August 25, 2015 EXHIBIT A ZONING DESCRIPTION TRACT 2 -11.165 ACRES BEING Al l.165 ACRE TRACT OF LAND SITUATED IN THE J. MICHAEL SURVEY, ABSTRACT NO. 821, AND THEM. MEDLIN SURVEY, ABSTRACT NO. 832, IN THE TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND CONVEYED AS TRACT IV (NEIGHBORHOOD 11) TO BDMR DEVELOPMENT, LLC, AS RECORDED IN COUNTY CLERK'S FILE NO. 2007-82834, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS. SAID 11.165 ACRE TRACT, WITH REFERENCE BEARING BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE NAD83, (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS ON JULIAN DAY 213, 2006 CALCULATED FROM ARLINGTON RRP2 CORS ARP (PID-DF5387), SAGINAW TX CORS ARP (PID-DH7149) AND DENTON CORS ARP PID-DF8986) BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A l /2 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF THE TROPHY CLUB SECTION 12 ADDITION, AN ADDITION TO THE TOWN OF TROPHY CLUB, AS RECORDED IN CABINET E, PAGE 97, PLAT RECORDS, DENTON COUNTY, TEXAS, AND THE COMMON NORTHEAST CORNER OF A 3.200 ACRE TRACT OF LAND CONVEYED AS TRACT I, TO THE TOWN OF TROPHY CLUB, BY DEED RECORDED IN VOLUME 2415, PAGE 27, DEED RECORDS, DENTON COUNTY, TEXAS, AND THE COMMON NORTHWEST CORNER OF A 10.000 ACRE TRACT OF LAND CONVEYED AS TRACT I TO THE TOWN OF TROPHY CLUB, BY DEED RECORDED IN VOLUME 2415, PAGE 21, DEED RECORDS, DENTON COUNTY, TEXAS, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF INDIAN CREEK DRIVE, A 60 FOOT RIGHT-OF-WAY, AS RECORDED IN CABINET E, PAGE 97, PLAT RECORDS, DENTON COUNTY, TEXAS, SAID POINT BEING THE BEGINNING OF A CURVE TO THE RIGHT HA VJNG A RADillS OF 1105.49 FEET, A CENTRAL ANGLE OF 06 DEGREES 34 MINUTES 50 SECONDS, A CHORD THAT BEARS NORTH 85 DEGREES 59 MINUTES 53 SECONDS WEST, WITH A CHORD DISTANCE OF 126.90 FEET; THENCE, ALONG THE NORTH LINE OF SAID 3.200 ACRE TRACT, AN ARC DISTANCE OF 126.97 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP ST AMPED "JACOBS" SET FOR CORNER, AND THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 730.00 FEET, A CENTRAL ANGLE OF 40 DEGREES 44 MINUTES 12 SECONDS, A CHORD THAT BEARS NORTH 60 DEGREES 31 MINUTES 11 SECONDS WEST, WITH A CHORD DISTANCE OF 508.16 FEET; THENCE, OVER AND ACROSS SAID TRACT IV, THE FOLLOWING COURSES AND DISTANCES: ALONG SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF 519.02 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP ST AMPED "JACOBS" SET FOR CORNER; NORTH 8 I DEGREES 15 MINUTES 02 SECONDS WEST, A DISTANCE OF 29. 78 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP ST AMPED "JACOBS" SET FOR CORNER; SOUTH 56 DEGREES 51MINUTES55 SECONDS WEST, A DISTANCE OF 8.74 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 33 DEGREES 08 MINUTES 05 SECONDS WEST, A DISTANCE OF 80.00 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP ST AMPED "JACOBS" SET FOR CORNER; PD 32 Ordinance Town Council Page 215 of 437 Meeting Date: August 25, 2015 NORTH 56 DEGREES 51 MINUTES 55 SECONDS EAST, A DISTANCE OF S.52 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP ST AMPED "JACOBS" SET FOR CORNER; NORTH 12 DEGREES 40 MINUTES 40 SECONDS EAST, A DISTANCE OF 28.68 FEET TO A 518 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR, AND THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 730.00 FEET, A CENTRAL ANGLE OF 09 DEGREES 33 MINUTES 20 SECONDS, A CHORD THAT BEARS NORTH 25 DEGREES 56 MINUTES 48 SECONDS WEST, WITH A CHORD DISTANCE OF 121.61 FEET; ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 121.75 FEET TO A 518 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 68 DEGREES 49 MINUTES 52 SECONDS EAST, A DISTANCE OF 60.00 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS .. SET FOR, AND THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 670.00 FEET, A CENTRAL ANGLE OF 17 DEGREES 45 MINUTES 16 SECONDS, A CHORD THAT BEARS NORTH 12 DEGREES 17 MINUTES 30 SECONDS WEST, WITH A CHORD DISTANCE OF 206.79 FEET; ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 207.62 FEET TO A 518 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 03 DEGREES 24 MINUTES 52 SECONDS WEST, A DISTANCE OF 221.92 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR, AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 970.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 14 MINUTES 33 SECONDS, A CHORD THAT BEARS NORTH 01 DEGREES 42 MINUTES 25 SECONDS EAST, WITH A CHORD DISTANCE OF 173.17 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 173.40 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 06 DEGREES 49 MINUTES 41 SECONDS EAST, A DISTANCE OF 50.53 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS'' SET FOR, AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 430.00 FEET, A CENTRAL ANGLE OF 13 DEGREES 58 MINUTES 40 SECONDS, A CHORD THAT BEARS NORTH 00 DEGREES 09 MINUTES 39 SECONDS WEST, WITH A CHORD DISTANCE OF 104.64 FEET; ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 104.90 FEET TO A 518 INCH IRON ROD WITH A YELLOW PLASTIC CAP ST AMPED "JACOBS" SET FOR CORNER; NORTH 07 DEGREES 08 MINUTES 59 SECONDS WEST, A DISTANCE OF 105.91 FEET TO A 5/8 INCH IRON ROD WITH A PLASTIC CAP ST AMPED "JACOBS" SET FOR CORNER ON A NORTHEAST LINE OF TRACT IV, AND A COMMON SOUTHWEST LINE OF LOT 1, BLOCK I OF TROPHY CLUB COUNTRY CLUB, AN ADDITION TO THE TOWN OF TROPHY CLUB, AS RECORDED IN CABINET X, PAGE 454, PLAT RECORDS, DENTON COUNTY, TEXAS; PD 32 Ordinance Town Council Page 216 of 437 Meeting Date: August 25, 2015 THENCE, ALONG SAID COMMON LINE, THE FOLLOWING COURSES AND DISTANCES: SOUTH 38 DEGREES 14 MINUTES 12 SECONDS EAST, A DISTANCE OF 121.55 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER; SOUTH 33 DEGREES 08 MINUTES 05 SECONDS EAST, A DISTANCE OF 821.35 FEET TO A 5/8 INCH IRON ROD WITH A PLASTIC CAP ST AMPED "NELSON" FOUND FOR CORNER; SOUTH 45 DEGREES 42 MINUTES 37 SECONDS EAST, A DISTANCE OF 232.24 FEET TO A 5/8 INCH IRON ROD WITH A PLASTIC CAP ST AMPED "NELSON" FOUND FOR A EXTERIOR ELL CORNER OF SAID TRACT 3, AND THE COMMON NORTHWEST CORNER OF THE AFORESAID TROPHY CLUB SECTION 12 ADDITION; THENCE, ALONG THE EAST LINE OF SAID TRACT IV, AND THE COMMON WEST LINE OF SAID TROPHY CLUB SECTION 12 ADDITION, THE FOLLOWING COURSES AND DISTANCES: SOUTH 00 DEGREES 56 MINUTES 51 SECONDS EAST, A DISTANCE OF 338.88 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER ON THE NORTH R£GHT-OF-WAY LINE OF AFORESAID INDIAN CREEK DRIVE; SOUTH 00 DEGREES 40 MINUTES 43 SECONDS WEST, OVER AND ACROSS SAID INDIAN CREEK DRIVE, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 11.165 ACRES OF LAND, MORE OR LESS. PD 32 Ordinance Town Council Page 217 of 437 Meeting Date: August 25, 2015 EXHIBIT "C" PLANNED DEVELOPMENT NO. 32 DEVELOPMENT STANDARDS A. GENERAL PURPOSE: To allow single family detached dwellings on lots not less than twelve thousand (12,000) square feet for Canterbury Hills, Tract 2, together with allowed incidental and accessory uses, in order to provide a viable and compatible neighborhood for the Town of Trophy Club. The lots of Canterbury Hills, Tract 2 are a part of the Homeowners Association {HOA) for the existing private, gated, residential neighborhood of Hogan's Glen. Although a part of the HOA, the lots of Canterbury Hills, Tract 2, are not a part of the Planned Development for The Villas of Hogan's Glen (PD-17), The Estates of Hogan's Glen (PD-19), The Estates of Hogan's Glen, Phase II (PD-20), and Water's Edge at Hogan's Glen (PD-22). By this Ordinance, Canterbury Hills, Tract 2, is established as its own Planned Development with its own design standards as written herein. The purpose for the PD Ordinance is to establish a framework for development that will provide compatibility between the Canterbury Hills lots and the site characteristics of the existing Hogan's Glen lots. 8. NON SPECIFIED REGULATIONS: Any regulations not specifically addressed herein shall be governed by the R-12 zoning district regulations of the Town of Trophy Club or all other ordinances amending or replacing the zoning laws and all other ordinances of the Town. C. USES: No land shall be used and no building shall be installed, erected for, or converted to, any use other than as hereinafter provided. 1. Permitted Uses: The following uses shall be permitted as principal uses: (a) Single Family Detached Dwellings. (b) Public and Private Roadways constructed to Town standards. (c) Public and Private Common Areas owned by an authorized Homeowner's Association. (d) Public and Private Utilities. 2. Accessory Uses: Accessory uses shall be permitted in accordance with the regulations provided in the Accessory Uses section for residential Page 11 PD 32 Ordinance Town Council Page 219 of 437 Meeting Date: August 25, 2015 development of the Comprehensive Zoning Ordinance as may be amended thereof. 3. Limitation of Uses: (a) All applicable ordinances of the Town of Trophy Club shall govern any uses allowed unless otherwise expressed herein. (b) Any use not expressly permitted, or allowed by permit, or as provided by this district, is prohibited. D. BUILDING PERMIT REQUIREMENTS: No application for a building permit for the construction of any structure shall be approved unless a plat, meeting all requirements of the Town of Trophy Club has been approved by the Town Council and recorded in the official records of Denton County, Texas. E. HEIGHT REGULATIONS: No building shall exceed two stories or 40-ft. in height. F. AREA REGULATIONS: LOTS: The following minimum standards shall be measured from property line: 1. Lot Size: Lots for any permitted single family use shall have a minimum area of twelve thousand {12,000) square feet. 2. Minimum Open Space: All areas not devoted to buildings, walkways, structures or driveways shall be devoted to sod, trees, gardens, shrubs or other suitable landscape material. 3. Maximum Building Coverage: The combined first floor area covered by all principal and accessory buildings or structures (includes such things as garages, porches, patios, porte cocheres) shall not exceed forty {40) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. 4. Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be two thousand eight hundred {2,800) square feet. 5. Depth of Front Yard: Twenty-five {25) feet minimum. 6. Depth of Rear Yard: Twenty {20) feet minimum. 7. Width of Side Yard: Ten (10) feet. Page 12 PD 32 Ordinance Town Council Page 220 of 437 Meeting Date: August 25, 2015 8. Width of Side Yard Adjacent to Street: Twenty (20) feet minimum. 9. Width of Lot: Ninety (90) feet minimum (measured at front building line). 10. Width of Lot Adjacent to Side Street: 110 feet minimum (measured at front building line). 11. Depth of Lot: One hundred ten (110) feet minimum (measured from front property line). 12. Depth of Lot, Cul-De-Sac or Corner Lot: One hundred (100) feet minimum (measured from front property line). G. OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required ·front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of disrepair. H. GARAGES: Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. A two (2) car garage is required and may not face the street. Additional garages may face the street if the garage door sits back at least fifty (50) feet from the property line, which the garage door faces. Two (2) car garages shall have a minimum interior dimension of twenty- one (21) feet side to side by twenty-two (22) feet front to back. Any garage structure, provided in addition to the required two (2) car garage, shall have a minimum interior dimension of 10 1 /2' x 22' per vehicle space. No garage may be placed closer to the street than the building line of the adjacent lot, if the garage doors face the adjacent lot. Garage doors shall be architecturally enhanced with one of the following elements: • Constructed of wood panel face material with a painted or stained surface that complements the color of the principal structure • Clad in wood or made of a material that resembles a natural wood look • Multiple windows, obscure or clear • Wrought-iron accents such as hinges, locks, or handles I. ARCHITECTURAL REQUIREMENTS: All principal buildings and structures shall be constructed of at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimney surfaces shall also be of brick, stone or stucco. 1. All wall surfaces above garage doors shall be masonry to match the residence. Page 13 PD 32 Ordinance Town Council Page 221 of 437 Meeting Date: August 25, 2015 2. Roofing Material: Minimum forty (40) year warranty composition roofing is required. 3. An above ground level swimming pool shall not be allowed. 4. No projections of any type, visible from the street or golf course, shall be placed or permitted to remain above the roof of any residential building with the exception of chimneys and vent stacks. Vent stacks shall be painted to match the color of the roof. Turbine vents are prohibited. 5. Elevations: Single family house plans shall vary from lot-to-lot as follows: (a) The same floor plan with the same elevation shall be separated by a minimum of 4 lots (between them) on the same side of the street, and by a minimum of 2 lots (between them) on the opposite side of the street, with no two same elevations located on an adjacent lot directly to the rear. (b) The same floor plan with a different elevation shall be separated by a minimum of one (1) lot on the same or on the opposite side of the street. J. DRIVEWAYS AND WALKWAYS: All driveways and walkways shall be constructed of seeded aggregate concrete, stamped and colored concrete, or pavestone acceptable to the Architectural Control Committee of the Homeowner's Association. Seeded Aggregate Concrete shall consist of a minimum four (4) inch thick section with the surface to be floated with seeding of rocks or 1/4" -3/8" in diameter to cover the entire plan surface (less any accent trim). Minimum concrete strength shall be of 2,500 psi with steel reinforcement of #3 rebar@ 24" o.c. and dummy joints shall be installed every ten linear feet. K. FENCES: 1. Front Yard Fencing. Fencing will be allowed to extend from the front face of the building to the side property lines. All fencing shall be masonry, identical to the type of material used on the residence located on such lot, or ornamental iron. All gates shall be ornamental iron. Fencing shall not exceed 8' in height. 2. Side Yard Fencing. Fencing between Lots shall not exceed 8' feet in height and shall be wood or ornamental iron only. 3. Rear Yard Fencing. All rear yard fences shall be of wood or ornamental iron. Lots facing or abutting a golf course shall be constructed of ornamental metal and shall be a minimum of four feet (4') and a maximum of six feet (6') in height. 4. Corner Lot. No fence shall be installed closer to the street than the building line of the adjacent lot. Page 14 PD 32 Ordinance Town Council Page 222 of 437 Meeting Date: August 25, 2015 5. Retaining Walls. All retaining walls shall be constructed or veneered with brick or stone compatible to the residence. 6. A/C Condensing Unit. Shall not be visible from the street. Screening of ale unit shall be constructed of the same material as the residence. The minimum height shall totally obscure the ale unit. L. LANDSCAPING: Landscaping and Sprinkler System. Each Lot, on which a residential dwelling is constructed, shall have and contain an underground water sprinkler system for the purpose of providing sufficient water to all front yards, side and rear yards. Each Lot shall be planted with a least twelve (12) caliper inches of trees; provided, however, any tree used to satisfy this requirement shall contain at least four (4) caliper inches measured 12" above ground. Preservation of existing trees is encouraged and credit may be given toward the planting requirements for trees preserved in a healthy condition. M. UTILITIES: All utilities shall be underground. Page 15 PD 32 Ordinance Town Council Page 223 of 437 Meeting Date: August 25, 2015 From: To:Ron Ruthven Cc: Subject:Request for Amendment to PD32 Date:Wednesday, July 29, 2015 9:31:06 PM Ron, I will be unable to attend the hearing on August 25, but I am in full support of Gil Marques' request to incorporate 0.047 acres of common area (Lot 1A) into Lot 5. Please let me know if you need additional documentation. Thank you. Corey Wilson 19 Oxford Pl. Trophy Club, TX 76262 Exhibit D Town Council Page 224 of 437 Meeting Date: August 25, 2015 Su b j e c t Ar e a Ap p l i c a n t ’ s Pr o p e r t y Lo c a t i o n M a p Ex h i b i t E To w n C o u n c i l Pa g e 2 2 5 o f 4 3 7 Meeting Date: August 25, 2015 Zo n i n g M a p Su b j e c t Ar e a Ap p l i c a n t ’ s Pr o p e r t y Ex h i b i t E To w n C o u n c i l Pa g e 2 2 6 o f 4 3 7 Meeting Date: August 25, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-21 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2013-09 ESTABLISHING PD PLANNED DEVELOPMENT #32 AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING EXHIBIT “B” CONCEPT PLAN, BY CHANGING THE COMMON AREA FOR LOT 1A, BLOCK J, CANTERBURY HILLS PHASE 1A, FROM 1.087 ACRES TO 1.04 ACRES; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF PLANNED DEVELOPMENT #32, 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 Lot 5, Block J, Canterbury Hills Phase 1A, zoned as Planned Development #32 (“PD #32”) filed an application with the Town Planning and Zoning Commission requesting an amendment to PD #32, more specifically to amend Exhibit “B” entitled “Concept Plan” by changing the common area for Lot 1A from 1.087 acres to 1.04 acres”; and WHEREAS, the owner of the common area identified as Lot 1A, Block J, Canterbury Hills Phase 1A, has submitted written approval authorizing the proposed amendment, and WHEREAS, all legal notices, requirements and conditions having been complied with, the amendment to PD #32 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 Town Council Page 227 of 437 Meeting Date: August 25, 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 Ordinance No. 2013-09 of the Town of Trophy Club, Texas, creating the Town's PD Planned Development #32 is hereby amended by this Ordinance amending Exhibit “B” Concept Plan by changing the common area for Lot 1A, Block J, Canterbury Hills Phase 1A from 1.087 acres to 1.04 acres as shown on Exhibit “A” of this Ordinance. SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in PD #32, 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. ORD 2015-21 P&Z Page 2 of 5 Town Council Page 228 of 437 Meeting Date: August 25, 2015 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. 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 as required by the Town Charter. 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. ORD 2015-21 P&Z Page 3 of 5 Town Council Page 229 of 437 Meeting Date: August 25, 2015 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 25th day of August, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] 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 2015-21 P&Z Page 4 of 5 Town Council Page 230 of 437 Meeting Date: August 25, 2015 Exhibit “A” ORD 2015-21 P&Z Page 5 of 5 Town Council Page 231 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0539-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Receive public input regarding the Police and Town Hall facility; discussion of same. Attachments: Action ByDate Action ResultVer. Receive public input regarding the Police and Town Hall facility; discussion of same. Town Council Page 232 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0541-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding a Resolution nominating one (1) member to serve on the Board of Managers of the Denco Area 9-1-1 District; and providing an effective date. Attachments:Letter from Mark Payne, Executive Director of Denco 9-1-1 District with Attachments.pdf RES 2015-14 DENCO 911 Nomination.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution nominating one (1) member to serve on the Board of Managers of the Denco Area 9-1-1 District; and providing an effective date. Town Council Page 233 of 437 Meeting Date: August 25, 2015 9·1·1 DENCO AREA 9-1-1 DISTRICT TO : FROM: DATE: RE: Denco Area 9-1-1 District 1075 Princeton Street • Lewisville, TX 75067 • Mailing: PO BOX 293058 • Lewisville, TX 75029-3058 Phone: 972-221-0911 • Fax: 972-420-0709 Dence Area 9-1-1 District Participating Jurisdictions Mark Payne, Executive Director July 16, 2015 Vote for Appointment to the Dence Area 9-1-1 District Board of Managers On May 15, 2015, the Dence Area 9-1-1 District requested participating municipalities nominate a representative for potential appointment to the district's board of managers. The following nominations were received by the July 15, 2015 deadline : Nominee Sue Tejml David Terre Paul Young Nominating Municipality City of Highland Village City of Justin City of Lake Dallas City of Lewisville Town of Copper Canyon Town of Cross Roads Town of Dish Town of Double Oak Town of Northlake Town of Shady Shores Town of Trophy Club City of The Colony City of Pilot Point Enclosed for your review are bios or resumes of each nominee . The Dence Area 9-1-1 District requests that each participating municipality vote by council resolution for one of the nominees and advise the district of its selection by 5 p.m. on September 9, 2015. Notification of the council's vote must come in the form of official council action. Enclosed is a sample resolution you may wish to use. If a certain signature is not required in your resolution, please make sure to remove the signature line from the resolution, as all signees listed must sign the resolution for it to be considered valid council action. Also enclosed for your reference, is a copy of the Dence resolution outlining the complete board appointment process as well as a list of current board members. Please send a copy of the resolution recording your council's action to: Dence Area 9-1-1 District, P.O . Box 293058, Lewisville, TX 75029-3058 or fax it to 972-420-0709. You may also email your resolution to Andrea Zepeda, Executive Assistant at andrea .zepeda@denco .org . Thank you for your assistance in this matter. Enclosures www.denco.org Town Council Page 234 of 437 Meeting Date: August 25, 2015 ---·---··-·-----·-------------- DENCO AREA 9-1-1 DISTRICT RESOLUTION DEFINING PROCEDURE FOR APPOINTMENT OF PARTICIPATING MUNICIPALITIES' REPRESENTATIVE TO THE DISTRICT BOARD OF MANAGERS. WHEREAS, Chapter 772, Texas Health and Safety Code provides for the Denco Area 9-1-1 District Board of Managers to have "two members appointed jointly by all the participating municipalities located in whole or part of the district."; and WHEREAS , each member serves a term of two years beginning on October 111 of the year member is appointed; and WHEREAS, one member representing participating municipalities is appointed each year . NOW, THEREFORE BE IT RESOLVED BY THE CENCO AREA 9-1-1 DISTRICT BOARD OF MANAGERS: The procedure for participating municipalities to appoint a representative to the Denco Area 9-1-1 District Board of Managers shall be the following : 1. Prior to May 15111 of each year , the executive director shall send a written notice to the mayor of each participating municipality advising that nominations are open for one of the municipal representatives to the Denco Area 9-1-1 District Board of Managers until July 15th of that same year. The notice shall advise the mayors that, for a nomination to be considered, written notification of council action must be received at the Denco office prior to 5:00 p .m . on July 15th of that yea r. No nominations shall be considered after that time . 2. On July 16th of each year, the executive director shall send written notice to the mayor of each participating municipality providing the slate of nominees to be considered for appointment to the Denco Area 9-1-1 District Board of Managers for the term beginning October 151 • The notice shall advise the mayor that the city council shall vote , by resolution from such city, for one of the nominees . Written notice of the council's selection must be received at the district office by 5:00 p.m. on September 15th . No notice will be accepted after that time . 3. The one nominee with the most votes received by the deadline will be the municipality representative appointed for the two-year term beginning October 1st _ 4. If there is a tie between two candidates with the most votes, a runoff election will be held immediately with the candidate receiving the most votes serving the remainder of the term. The incumbent representative shall serve in that positio until replaced. APPROVED and ADOPTED on this 4th day of Februa Town Council Page 235 of 437 Meeting Date: August 25, 2015 Council Resolution No. ------- A RESOLUTION APPOINTING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT. WHEREAS, Section 772, Health and Safety Code, provides that two voting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within the District; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY I TOWN OF , TEXAS: Section 1 The City I Town of hereby votes for _________ as a member of the Board of Managers for the Denco Area 9-1-1 Emergency Communication District. Section 2 That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of _________ , 2015. Mayor _____________ _ City I Town of __________ _ ATTEST: APPROVED AS TO FORM: City I Town Secretary City I Town Attorney Town Council Page 236 of 437 Meeting Date: August 25, 2015 835 Orchid Hill Lane Argyle-Copper Canyon, TX 76226-4526 Sue Rosson Tejml June 2015 Metro: 940-241-2216 suecoppercanyon@aol.com PERSONAL: Native Texan; raised in Corpus Christi (Copper Canyon resident since 1991) Married to husband Emil Tejml (engineer & attorney, retired Hoechst-Celanese VP) (In case you wondered, his Czech name does rhyme -A mull TAY mull.) Three adult children (all A&M grads), seven grandchildren (ages 2 to 26) With corporate moves , we have lived in 4 states, 6 Texas cities & worked abroad Stay-at-home mother, until I became an attorney at age 40. EDUCATION: University of Texas at Austin (B.A. History) University of Hawaii (all summer , literature & history of the Pacific} Texas A&M University at Kingsville (M .A. History) Rice University (full scholarship for PhD History, Jack dissertation for degree) New York University Law School (2 years)-U. of Houston Law School (LL.B .) MAYOR: Town of Copper Canyon for 10 years; re-elected unopposed 6th term 2015-2017 2015 Copper Canyon ranked #6 in Ten Best Neighborhoods in DFW Metroplex by Dallas Morning News. ranked #4 in safety for residents Leadership North Texas Graduate -North Texas Commission -2015 Class 6 Denco 911-Board of Managers 2013-2015; nominee for 2nd term 2015-2017 "What's Happening in Copper Canyon" For 10 years I have personally written this monthly Mayor's column in The Cross Timbers Gazette, a local newspaper with 37,000 circulation. (Second .in circulation in Denton County only to the Dallas Morning News .) This has been my attempt to keep residents informed of events in our Town and also of subjects of general interest in the area -roads, water, gas well drilling, etc . Initiated Annual Denton County Mayors Crime Luncheon (2012-2015) The goal was to coordinate information on area crime between the Mayors, their Police Chiefs, the Denton County Sheriff's Office, the Commissioners Court, our Texas Legislature representatives, and our US Congressman . Denton County Emergency Services District #1 Our small Town's dilemma was inability to adequately fund emergency services . The Founding Committee's task was to educate residents on the benefits of an ESD . The ESD would collectively provide fire and emergency medical services to the towns of Argyle, Bartonville, Copper Canyon, Corral City, Northlake, and FWSD #6 and #7 in Lantana. But a specific property tax would be needed to fund it. ESD#l was created in 2006 by a 62% positive vote in a district-wide election. Town Council Page 237 of 437 Meeting Date: August 25, 2015 LEGAL: Drafting Committee: "Best Practices for Municipalities and Gas Pipelines" (Adopted 2010 by most cities and pipeline corporations with gas pipeline operations in Denton County.) This was a collaborative effort of Mayors, Denton County Commissioners, and the Texas Pipeline Association. The goal was to expedite safe pipeline construction, but with a minimal impact on landowners, local businesses, and future development plans of each city. Argyle Volunteer Fire District Board (Served IO years, 2005 to present) Neighborhood Watch and Crime Prevention Copper Canyon does not have a police department. Resident Block Captains were recruited for each street in town. The Town Council then contracted to pay for two Sheriff's Deputies dedicated to Copper Canyon for 80 hours per week. On every shift the Deputy patrols each street in Copper Canyon at least once and sometimes twice. The result has been a virtually crime free community for the past seven years. (It helps that the town is a stable community with neighbors personally knowing each other for years.) Solo Attorney 15 years (General Civil Practice -municipal, family law, oil & gas) Matagorda County Bar Association -President State Bar of Texas -State CLE Committee District 5 Admissions Texas Bar Foundation -Life Member FAMILY LAW: Board Certified Family Law (for 10 years) Texas Supreme Court Committee on Child Support Guidelines Texas Supreme Court Committee on Child Visitation Guidelines MUNICIPAL: City Attorney of Bay City, Texas (for 6 years; population approx. 20,000) Municipal Prosecutor Legal Advisor to Police Department Bay City Home Rule Charter Commission (elected public office, Co-Chairman) Texas City Attorneys Association VOLUNTEER: CASA of Denton County (2 years) (Volunteer as a Court appointed Special Advocate for abused children) HUG Romania -Volunteer in a Romanian orphanage for 3 weeks CERT trained for Town of Copper Canyon's Emergency Response INTERESTS: Home Design: Designed 5 of our family homes, including in Copper Canyon Misc.: Computer, cooking, dollhouse miniatures, hunting, organic gardening Read: Biography, history, current global events, 1800's British romance novels WORLD TRAVEL: Eisenhower "People to People Ambassador" -Texas guest of China's Department of Justice for one month with 50 American women attorneys & judges Town Council Page 238 of 437 Meeting Date: August 25, 2015 Have visited for a week to a month each in: Alaska, Australia, Bermuda, Beirut, Canada, China, Czech Republic, England, France, Germany, Greece, Hawaii, Ireland, Italy, Japan, Mexico, Romania, Russia, Saudi Arabia, Scotland, Singapore, Switzerland, Tahiti, Turkey, Venezuela, & Wales. Hope to visit: Africa, Argentina, Brazil, Egypt, India, Israel, New Zealand, Peru, &Tasmania. Town Council Page 239 of 437 Meeting Date: August 25, 2015 David Terre 3941 Teal Cove The Colony, Texas 75056 EDUCATION Moberly Community College (2 Years) Drake University • '· Earned a BS Degree in Business Administration and a Minor in Economics EMPLOYMENT HISTORY Enjoyed a ·wonderful 46 year career working for Wilson Sporting Goods. Rose through the ranks to become VP of Sales responsible for all domestic sales. Along the way, also managed European Sales Operations while living in Germany; worked in Marketing, coordinating successful new product introductions; and, also managed West Coast Distribution Operations. Retired in 2008 . THE COLONY PLANNING and ZONING COMMISSION Served 3 years-2008 thru 2011 as a member and Vice Chair of the board . THE COLONY CITY COUNCIL • Elected in 2011 and received the honor of being elected Mayor Pro Tern during my first term. • In 2012 appointed to the Local Development Corporation Board of Directors to Qilersee Grandscape (Nebraska Furniture Mart) Development. • Jn 2013 became the first Council Member from The Colony to ever be elected to Denton County Tax Appraisal District Board of Directors. • Was reelected in 2014 to a second term on counci I, receiving 71 % of the total vote in a three candidate race. HONORS RECEIVED 1982 Drake University Basketball Hall of Fame 1994 Moberly Community College Basketball Hall of Fame 1995-2003 Three-time Senior Olympics Gold Medal Winner playing for the USA Basketball Team . 1999 Received Wilson Wall of Fame Honor 2007 Selected as Moberly Community College Outstanding Alumni of The Year 2013 Received Washington High School Hall of Honor Award WHY I BELIEVE I AM UNIQUELY QUALIFIED and VERY MUCH DESIRE to SERVE ON THE DEN CO AREA 9-1-1 BOARD of MANAGERS Throughout my life I have served in leadership positions, particularly during my Wilson career and my City Council work. My formula for success has always been to work hard, stay organized, use common sense and live by the Golden Rule. I would apply this same approach as a member of the Denco Area 9-1-1 Board of Managers. I totally embrace the mission statement to provide an efficient, effective, enhanced 9-1-1 Emergency Telecommunications Systems Service to all Denton County residents, and will always work hard to achieve that end result. I ask that you would grant me this opportunity by electing me to serve on the Denco Area 9-1-1 Board of Managers. Town Council Page 240 of 437 Meeting Date: August 25, 2015 PAUL YOUNG 940-190 -4685 670 W Walcott, Pilot Point , TX 76258 paul _young 5@yahcJO .com Objective n,,nc ·o 91 I Boa rd Education • W t'ath crfcml Coll ege 201 3 -AA S Fire Admin istrati o n • Weatherford Coll ege 2013 ·AAS Fir e Protection Technology • Crn1 sitkred for Phi Theta Kappa • Tex as Commission on Fire Prot eltion Mast er Fir 'fi ghtt:r • Tex as Co m rn i ~sio n on Fi re Prot l'tio n Fin: Instructor II • T r xa Comm iss ion on Fi re Prot ect io n Fiel d Cxa min cr • LIT So ut hwc ·tern EM T Bask 1988 • M ctro m ~s t Medica l Sc hoo l · Par amedk 1995 • Na ti o nal Fi n· A<·ad em y -Fi re Scnfr<· Sup«rvislo n :'.!008 • Wilcll Jnd Fin~fight e r I Red Card 200~ Experience M a y 2014 -Pre se nt Pil ot Point City Coundl --Pl ace I Octobe r 1984 -March 1988 Vol unte e r Fi refighter L1·wisvill<· Vn lun tc <'I' Firt' D e p ar t m ent I Lt'" is"ilk , TX March 1988 -September 2014 Firefighter Paramedic Lew is vill e FD: Sl'rn·d on rhe Stra tegy and goali< committ<·t· for tht: Ll'wisnllt: h rc J)(•par cmt·n t Trai 1wd Il l "\\' p arn m cd ics anJ a ssi s tt:d in co ntinuing t·duc a tifl11 for curn·n t par:11111 ·di n as Fi del Tmioing 0 fliccr fr om 200 I -'.W06 i\cted as a ~c rnncl D rive r I :.ngi11 t tT fr o m 1990 -prl'St'lll J ,.1rcfig htcr I Paramedic for tht:' l .cwisv ilk I ·ire D c p a rt m rnt hr(' D ispa tdlt'r Ma y 2014 -Septm1ber 2014 Town Council Page 241 of 437 Meeting Date: August 25, 2015 2008-2 0 10 Chief Offi cer Pilol Point Fire Department Divisio11 Chief of Opcrntions, Assistant Chief and Interim I ,.in: Chief Din:·ctcd day tu day upt'rations, commanded cmergency optrn.tions, created budget ( )wrsaw final inspection and acceptance of new '.WOO gallon watcr tender Chaired the Brush Truck Spec committee for Pilot Point hre Deparum·m Wrote and awarded a grant for $47,000 from tht Assistance f."or Firefighters fund 2010 · 2013 Firefighter / Paramedic l 'exas Motor Speedway On -track Firefighter I Jump Medic 2005 -2010 Pit Road Med ic Texas Motor Speedway 1997 -2003 Firefi ghter / Paramed ic I lighland Village Fire Department Part rime Fire fighter / Paramedic Responsible for training new paramedics and newly hired firt· officer!' Coordinated renovation and cons1rnc1io11 of thl' domiitory for tht· fire statiou Assisted in the transition fro m nn all -volunteer department IO a co mbination dq):trtment Substituted for Captains on ll:':{w 1998 Paramedic Pilot Point Ambulance Scrv1et• 1994-1996 Vo lunteer Firefighter Pilot Point Vc)luntcc r Plrl' Department Firl'fighter, Ass ista111 Cluef, nnd Capta in Skills • Computer lite rate, ahlc to UM' Window ~ 7 Pro , MS Offlt·l" 20 I 0 , mapping programs • Working kno wledge of' de.a li11g with und erl'und cd and und t."rstaffecl flr t' d pa rtm c nt~ • F.imlliarlry In hoth rural , ;.111 t l ~ul 1 u11'.in f11 ·llglitiug t l huil(ll l " • Wr;l'king knowktlgc of nirnml di~pa tching ~ptrm ~ u ·rd by I r " i \'illc Ff)/ l'D Profess i ona l References Chief Jm· Flon·11ti111i L ink I ]m Fin· D(·p i1 rtnwnt J.ittk I Jm, T x. 469 ss:;.4229 Calvin J\llisun (rel) C lt:ar \\'atcr, 1"lo r id :1 'J ().1.f\15 · 1582 Chid Kl'n Swimlk I ' rnm I :in· Dq1art11wnr 1<111111 , T X 'J72 .S7 1 ·6:r'\tl Town Council Page 242 of 437 Meeting Date: August 25, 2015 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2015-14 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 772, Health and Safety Code, provides that two voting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within such District. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club, Texas, hereby votes for Sue Tejml as a member of the Board of Managers for the Denco Area 9-1-1 Emergency Communication District. Section 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 25th day of August, 2015. ___________________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: _________________________________ Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: _________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council Page 243 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0540-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-37, appointing citizens to serve on the Crime Control and Prevention District (CCPD) Board, repealing Resolution No. 2014-40, filling two (2) vacancies on the CCPD Board, and adopting a new Resolution making annual appointments and filling two (2) vacancies on the CCPD Board, reaffirming existing appointments, and providing an effective date. Attachments:Staff Report - CCPD Annual Appointments.pdf RES 2015-13 - CCPD Annual Appointments.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-37, appointing citizens to serve on the Crime Control and Prevention District (CCPD) Board, repealing Resolution No. 2014-40, filling two (2) vacancies on the CCPD Board, and adopting a new Resolution making annual appointments and filling two (2) vacancies on the CCPD Board, reaffirming existing appointments, and providing an effective date. Town Council Page 244 of 437 Meeting Date: August 25, 2015 To: Mayor and Town Council From: Holly Fimbres, Town Secretary CC: Stephen Seidel, Town Manager Re: CCPD Board Appointments Town Council Meeting, August 25, 2015 Agenda Item: Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-37, appointing citizens to serve on the Crime Control and Prevention District (CCPD) Board, repealing Resolution No. 2014-40, filling two (2) vacancies on the CCPD Board, and adopting a new Resolution making annual appointments and filling two (2) vacancies on the CCPD Board, reaffirming existing appointments, and providing an effective date. Explanation: On June 9, 2015, the Town Council appointed Mayor Sanders and Council Members Rowe and Kurtz to serve as the Town Council Appointments Committee for Boards, Commissions, and Corporations. There are three (3) expiring terms and two (2) vacancies on the CCPD Board. The below reflects the applicants who applied to serve on the Board. Re-Appointment Applicants: o James Jay Isherwood; and o Loren Van Roekel New Applicants: o Henry Brandt; o Evan F. Callahan; o Cyler Campbell; o Thomas M. Class, Sr.; o Jonathan Dickson; o Timothy Gamache; o Terry Kesterson; o Thomas W. McLain; o Rajesh Nakhwa; o Amy Saffarini o Richard Savage; and o Michael Seale The Town Council Appointments Committee will be conducting interviews until August 24, 2015, and will provide their recommendations. Page 1 of 2 Town Council Page 245 of 437 Meeting Date: August 25, 2015 Attachments: • Resolution 2015-13 Recommendation: Staff recommends approval of Resolution 2015-13 with the Town Council Appointments Committee’s recommendations appointing a total of five (5) members, three (3) annual appointments and two (2) vacancies, to serve on the CCPD Board. Page 2 of 2 Town Council Page 246 of 437 Meeting Date: August 25, 2015 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2015–13 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING RESOLUTION NO. 2014-37 APPOINTING PERSONS TO SERVE ON THE CRIME CONTROL AND PREVENTION DISTRICT (CCPD) BOARD, REPEALING RESOLUTION NO. 2014-40 FILLING TWO (2) VACANCIES ON THE CCPD BOARD, AND ADOPTING A NEW RESOLUTION MAKING ANNUAL APPOINTMENTS AND FILLING TWO (2) VACANCIES AND REAFFIRMING EXISTING APPOINTMENTS TO THE BOARD; PROVIDING FOR THE APPOINTMENT OF CITIZEN VOLUNTEERS TO SERVE ON THE CRIME CONTROL AND PREVENTION DISTRICT BOARD AND DESIGNATING TERMS OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards, Commissions and Corporations; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to the Boards, Commissions and Corporations serving the Town whose terms are expiring; and WHEREAS, on September 23, 2014, the Town Council of the Town of Trophy Club adopted Resolution No. 2014-37, appointing citizens to serve on various Town Boards, Commissions, and Corporations for the 2014-2015 fiscal year and reaffirming the appointments of other previously appointed citizens; and WHEREAS, on October 28, 2014, the Town Council of the Town of Trophy Club adopted Resolution No. 2014-40, appointing citizens to fill two (2) vacancies and reaffirming existing appointments to CCPD. WHEREAS, the Town Council generally takes action in September of each year to appoint residents to serve on various Town Board, Commission and Corporation seats; and WHEREAS, by passage of this Resolution, the Town Council hereby repeals Resolution No. 2014-37 appointing persons to serve on the CCPD Board, repeals Resolution No. 2014-40 filling two vacancies on the CCPD Board, and adopts this Resolution making new citizen volunteer appointments for annual appointments and for filling two (2) vacancies, and reaffirming current appointments to serve on the Board. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the foregoing recitals are incorporated herein as if written word for word. Town Council Page 247 of 437 Meeting Date: August 25, 2015 Section 2. That the Town Council hereby repeals Resolution No. 2014-37 appointing persons to serve on the CCPD Board, repeals Resolution No. 2014-40 filling two (2) vacancies on the CCPD Board, and adopts this Resolution to appoint and fill two (2) vacancies to reaffirm as applicable, the following individuals to serve on the Crime Control and Prevention District Board with respective terms of service ending on September 1 of the year specified below for each individual: Crime Control and Prevention District 1. Vacant - ___________ (2016) 5. Vacant - ___________ (2017) 2. Paul Glowacki (2016) 6. Annual Appt.- _________ (2017) 3. Louis Opipare (2016) 7. Annual Appt.- __________ (2017) 4. Annual Appt.- _______ (2017) Section 3. This Resolution shall take effect from and after its date of passage in accordance with law. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 25th day of August, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Holly Fimbres, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas RES 2015-13 Page 2 of 2 Town Council Page 248 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0538-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding a Proclamation of the Town Council declaring September 2015 as Blood Cancer Awareness Month in Trophy Club. Attachments:PRO 2015-13 Blood Cancer Awareness Month.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Proclamation of the Town Council declaring September 2015 as Blood Cancer Awareness Month in Trophy Club. Town Council Page 249 of 437 Meeting Date: August 25, 2015 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2015-13 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING THE MONTH OF SEPTEMBER 2015 AS BLOOD CANCER AWARENESS MONTH AND LEUKEMIA, LYMPHOMA & MYELOMA AWARENESS MONTH IN TROPHY CLUB. WHEREAS, blood cancers currently afflict more than one million people in the United States, with an estimated 175,200 new cases diagnosed each year; and WHEREAS, leukemia, lymphoma and myeloma will kill an estimated 52,560 people in the United States this year; and WHEREAS, The Leukemia & Lymphoma Society (LLS), through voluntary contributions, is dedicated to finding cures for these diseases through research efforts and the support for those that suffer from them; and WHEREAS, LLS maintains offices in Dallas and Fort Worth to support patients with these diseases and their family members in the State of Texas. NOW, THEREFORE, I, MAYOR C. NICK SANDERS, IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM: SEPTEMBER 2015 AS BLOOD CANCER AWARENESS MONTH AND LEUKEMIA, LYMPHOMA & MYELOMA AWARENESS MONTH In the Town of Trophy Club, I call upon the citizens to join with LLS in designating the month of September 2015 as Blood Cancer Awareness Month to enhance the understanding of blood related cancers and to encourage participation in voluntary activities to support education programs and the funding of research programs to find a cure for them. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 25th day of September, 2015. _________________________________ ________________________________ C. Nick Sanders, Mayor Holly Fimbres, Town Secretary Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 250 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0552-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding authorizing Town Staff and Mark McLiney, with SAMCO Capital Markets (the Town’s Financial Advisor), to pursue a bond refunding regarding Public Improvement District (PID) No. 1 for interest savings, and other matters related thereto. Attachments:Staff Report - PID Bond Refunding.pdf PID Refunding Preliminary Analysis.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding authorizing Town Staff and Mark McLiney, with SAMCO Capital Markets (the Town’s Financial Advisor), to pursue a bond refunding regarding Public Improvement District (PID) No. 1 for interest savings, and other matters related thereto. Town Council Page 251 of 437 Meeting Date: August 25, 2015 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: PID No. 1 Bond Refunding Town Council Meeting, August 25, 2015 Agenda Item: Consider and take appropriate action regarding authorizing Town Staff and Mark McLiney, with SAMCO Capital Markets (the Town’s Financial Advisor), to pursue a bond refunding regarding Public Improvement District (PID) No. 1 for interest savings, and other matters related thereto. Explanation: Town Staff has worked with our financial advisor, Mark McLiney, of SAMCO Capital Markets to potentially refund the Trophy Club Public Improvement District No. 1 bonds. The bonds were originally issued for projects and infrastructure within the boundaries of the Public Improvement District. Potential net present value savings of between $4M and $5M are possible if the refunding is authorized. The savings may be used for additional projects or repairs within the Public Improvement District, a reduction in assessments to residents of the Public Improvement District, or a combination of both. Attachments: • PID Refunding Preliminary Analysis Recommendation: Staff recommends authorizing Town staff and Mark McLiney of SAMCO Capital Markets to pursue a bond refunding of the Trophy Club Public Improvement District No. 1 bonds. Town Council Page 252 of 437 Meeting Date: August 25, 2015 Aug 7, 2015 5:14 pm Prepared by FMSbonds, Inc. Page 1 SUMMARY OF REFUNDING RESULTS Trophy Club Public Improvement District No.1 Special Assessment Revenue Refunding Bonds, Series 2015 Investment Grade Rating / DSRF Funded to 50% of MADS Dated Date 10/15/2015 Delivery Date 10/15/2015 Arbitrage yield 3.964370% Escrow yield 0.673329% Value of Negative Arbitrage 1,741,120.49 Bond Par Amount 26,274,212.19 True Interest Cost 4.420205% Average Life 13.489 Par amount of refunded bonds 26,276,000.00 Average coupon of refunded bonds 7.750000% Average life of refunded bonds 14.338 PV of prior debt to 10/15/2015 @ 4.629564%34,514,152.52 Net PV Savings 4,576,687.26 Percentage savings of refunded bonds 17.417747% Percentage savings of refunding bonds 17.418932% Note: Escrow assumes SLGS. SLGS window is currently closed. OMS may be required. Town Council Page 253 of 437 Meeting Date: August 25, 2015 Aug 7, 2015 5:14 pm Prepared by FMSbonds, Inc. Page 2 SAVINGS Trophy Club Public Improvement District No.1 Special Assessment Revenue Refunding Bonds, Series 2015 Investment Grade Rating / DSRF Funded to 50% of MADS Present Value Prior Refunding to 10/15/2015 Date Debt Service Debt Service Savings @ 4.6295636% 10/01/2016 2,525,390.00 2,034,424.72 490,965.28 482,088.75 10/01/2017 2,525,492.50 2,038,650.00 486,842.50 455,521.98 10/01/2018 2,524,650.00 2,033,650.00 491,000.00 438,361.35 10/01/2019 2,524,707.50 2,033,650.00 491,057.50 418,374.35 10/01/2020 2,525,355.00 2,038,650.00 486,705.00 395,752.68 10/01/2021 2,525,282.50 2,038,650.00 486,632.50 377,542.98 10/01/2022 2,525,257.50 2,038,650.00 486,607.50 360,171.79 10/01/2023 2,524,970.00 2,033,650.00 491,320.00 346,855.83 10/01/2024 2,525,110.00 2,037,650.00 487,460.00 328,601.84 10/01/2025 2,525,290.00 2,034,850.00 490,440.00 315,599.44 10/01/2026 2,525,122.50 2,035,450.00 489,672.50 300,807.31 10/01/2027 2,525,220.00 2,034,250.00 490,970.00 287,875.16 10/01/2028 2,525,117.50 2,036,250.00 488,867.50 273,591.25 10/01/2029 2,525,350.00 2,038,750.00 486,600.00 259,969.99 10/01/2030 2,525,375.00 2,038,000.00 487,375.00 248,530.91 10/01/2031 2,524,650.00 2,034,000.00 490,650.00 238,774.11 10/01/2032 2,525,632.50 2,036,750.00 488,882.50 227,045.88 10/01/2033 2,525,547.50 2,035,750.00 489,797.50 217,041.14 10/01/2034 2,524,775.00 2,036,000.00 488,775.00 206,634.81 10/01/2035 2,525,617.50 2,037,250.00 488,367.50 196,942.21 10/01/2036 2,525,145.00 2,034,250.00 490,895.00 188,796.48 10/01/2037 2,524,582.50 2,037,000.00 487,582.50 178,814.76 55,553,640.00 44,796,174.72 10,757,465.28 6,743,694.99 Savings Summary PV of savings from cash flow 6,743,694.99 Less: Prior funds on hand -3,190,000.00 Plus: Refunding funds on hand 1,022,992.27 Net PV Savings 4,576,687.26 Note: Escrow assumes SLGS. SLGS window is currently closed. OMS may be required. Town Council Page 254 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0555-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding an Ordinance rezoning a 5.596 acre tract of land owned by the Town and located in the 100 block of Trophy Wood Drive on Lot 4, Block B in the Trophy Wood Business Center, from the PD-Planned Development zoning district to the GU- Government Use zoning district, Case ZC-15-001. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance rezoning a 5.596 acre tract of land owned by the Town and located in the 100 block of Trophy Wood Drive on Lot 4, Block B in the Trophy Wood Business Center, from the PD- Planned Development zoning district to the GU-Government Use zoning district, Case ZC-15-001. Town Council Page 255 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0556-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding an amendment to Ordinance No. 2013-09, PD Planned Development District No. 32, Exhibit “B” Concept Plan, in order to amend the total common area of Lot 1A, Block J in Canterbury Hills, Phase 1A Subdivision, Case PD-AMD-15-045. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding an amendment to Ordinance No. 2013-09, PD Planned Development District No. 32, Exhibit “B” Concept Plan, in order to amend the total common area of Lot 1A, Block J in Canterbury Hills, Phase 1A Subdivision, Case PD-AMD-15-045. Town Council Page 256 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0557-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding a request for approval of a Site Plan for Meat-U- Anywhere B-B-Q Restaurant, Trophy Club Drive, Lot 3, The Village, Trophy Club, TX, Case SP-15- 032. Attachments:Staff Report - Case SP-15-032.pdf Exhibit A - Site Plan.pdf Exhibit B - PD 13 Ordinance.pdf Exhibit C - Location Map and Plat.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a request for approval of a Site Plan for Meat-U-Anywhere B-B-Q Restaurant, Trophy Club Drive, Lot 3, The Village, Trophy Club, TX, Case SP-15-032. Town Council Page 257 of 437 Meeting Date: August 25, 2015 To: Mayor and Town Council From: Ron Ruthven, Town Planner CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Case #SP-15-032 Town Council Meeting, Tuesday, August 25, 2015 Agenda Item: Consider and take appropriate action regarding a request for approval of a Site Plan for Meat-U- Anywhere B-B-Q Restaurant, Trophy Club Drive, Lot 3, The Village, Trophy Club, TX, Case SP-15-032. REQUEST: The applicant has submitted a site plan in order to open a bar-b-que restaurant called “Meat-U- Anywhere”. The restaurant will be a casual restaurant with no drive-through service and no sale of alcohol for on-premise consumption. 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. The proposed use is permitted within this zoning district. CURRENT CONDITIONS: The subject property contains 1.6 acres and is undeveloped. The property is platted as part of The Village subdivision. SITE DETAILS: The following is a breakdown of the development: Building Gross Floor Area: 7.098 square feet Total Parking: 72 spaces The site plan, landscape plan and building elevations comply with the requirements of PD 13 and the Code of Ordinances. Signage will be reviewed and approved administratively. Any signage waivers will require separate approval by the Town Council. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission considered this item on August 6, 2015. The Commission voted to recommend approval of this item by a vote of (5-0). Page 1 of 2 Town Council Page 258 of 437 Meeting Date: August 25, 2015 STAFF REVIEW AND RECOMMENDATION: The proposed restaurant development complies with all requirements of the Code of Ordinances and PD 13. Staff recommends approval. Attachments: Exhibit “A” – Site Plan Exhibit “B” – PD 13 Ordinance Exhibit “C” – Location Map and Plat Page 2 of 2 Town Council Page 259 of 437 Meeting Date: August 25, 2015 Ex h i b i t A To w n C o u n c i l Pa g e 2 6 0 o f 4 3 7 Meeting Date: August 25, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. g 5 2 o 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 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 partic111arly 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- DOC II: 315892 Exhibit B Town Council Page 261 of 437 Meeting Date: August 25, 2015 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 Jaw 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. lncornoration 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 II: 315892 Exhibit B Town Council Page 262 of 437 Meeting Date: August 25, 2015 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 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 indicate 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 tc;i the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. Section 8. Purnose. 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#: 315892 Exhibit B Town Council Page 263 of 437 Meeting Date: August 25, 2015 v LEGAL DESCRIPTION The following described tract or parcel of land situated in the C Madlin Survey, Abstract No_ 823. Denlon County, Texas and being a portion of a 127.140 acre tract of land as conveyed to Nelson Bunker Hunl by deed recorded on Page 426 of Volume 571 in the Oenlon County Deed Records and being a portion of a 10 0 acre tract of land as conveyed to Independent American Oevelopmenl Corporation by deed recorded on Page 191 of Volume 2441 in the Denton County Deed Records and being more particularty described as follows- BEGINNING al an old 112 inch iron rod in !he Northerty right-of-way line of State Highway No 114 (a 100 O loot 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 Oenlon County Pia! Records; THENCE N 21' 13' 07" E along Jhe Easl line of said TROPHY CLUB, Section Eighl a distance of 269 79 feel to an old 112 inch iron rod and being in the South line olTROPHY 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 68'53'20" E along the South line of said TROPHY CLUB, Section Five a distance of .613 47 feet to an old 1/2 inch iron rod: THENCE N 63 · 14'32" E along the South line of said TROPHY CLUB. Section Five a dislance of 735 37 feet lo an old 1/2 inch iron rod. · THENCE N 51 '10' E along the South line of said TROPHY CLUB, Section Five a distance of 43.2 feet lo an old 518 inch iron rod: THENCE S 17' 10'35" Ea distance of 234.77 feet to an old 518 inch iron rod and being in the Weslerty right-of-way line of Trophy Club Drive (a variable width right-of-way} as recorded on Page 882 or Volume 738 in the Denton Counly Deed Records and being on a curve having a radius of 640 46 feel whose center bears S 17'07'36" Ea d1slance of 64046 feel; THENCE Southwesterly along said curve and along !he Westerty right-of-way line of said Trophy Club Drive a distance of 73.78 feet to a concrete Texas Department of Transportation monument at the beginning of a curve to the left having a radius of 75 0 feet whose center bears N 70'01'38" W a distance of 75.0 feel; THENCE Southwesterly along said curve and along the Weslerty right-of-way line of said Trophy Club Drive and through a central angle of 91 '09'19", an arc length of 119.32 feet, a chord bearing of S 65'33'01" W, and a chord distance of 107. 13 feet 10 a concrete Texas Department of Transportation monument and being in the Norther1y right-of-way line of said Slate Highway No. 114; THENCE N 69 03'52" W along the Northerly right-of-way hne of said Slate Highway No. 114 a distance of 956 9 feet to place of beg1nn1ng, containing 9 9470 acres or 433,293 square feet of land, more or less EXHIBIT "A" ........ ........ Exhibit B Town Council Page 265 of 437 Meeting Date: August 25, 2015 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. Pumose; 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 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 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 (I) 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 C TO ORDINANCE NO. 95-20 Page 1of12 DOC #: 315892 Exhibit B Town Council Page 267 of 437 Meeting Date: August 25, 2015 (2) Accessorv 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 (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 EXHIBIT C TO ORDINANCE NO. 95-20 Page 2of12 DOC#: 315892 Exhibit B Town Council Page 268 of 437 Meeting Date: August 25, 2015 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. 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) (2) All uses permitted m Tracts l, 3 and 4 (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, 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. 95-20 Page 3of12 DOC#: 315892 Exhibit B Town Council Page 269 of 437 Meeting Date: August 25, 2015 (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) 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 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) (2) (3) Restaurants with no drive- through or drive-in Restaurants with alcoholic beverage sales (subject to required Town approvals) Office supply (4) (5) (6) (7) (8) Photographic service and studio Specialty gourmet food stores Bakery shop Dry cleaners (pick-up and delivery only) All uses permitted in Tract 4 ( c) Area and building regulations: (i) Maximum building coverage: The combined area of all main and accessory buildings shall not exceed 153 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. 95-20 Page 4of12 DOC II: 315892 Exhibit B Town Council Page 270 of 437 Meeting Date: August 25, 2015 (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. 95-20 Page 5of12 DOC #: 315892 Exhibit B Town Council Page 271 of 437 Meeting Date: August 25, 2015 (1) Administrative, executive editorial office (13) Specialty neighborhood services (14) Title company (2) Accounting office (15) Health and athletic services (16) Weight reduction services (3) Architectural, engineering, planning office (17) Medical, dental, chiropractic, (4) Attorney's office optometry, etc. (18) Real estate office (19) Art studio (5) Physician or dentist (6) Municipal administration and public service buildings (20) Dance studio (7) Insurance office (21) Duplication and mailing service (22) Printing, publishing and engraving (23) Educational services (8) Personal or family counselor (9) Public secretary (10) Bank, savings and loan (24) Private health clubs (11) Mortgage company (12) Interior design and supply services (c) Area and building regulations: (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 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 Jess 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. 95-20 Page 6of12 DOC#: 315892 Exhibit B Town Council Page 272 of 437 Meeting Date: August 25, 2015 (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. 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 lines and shall be constructed completely on the Land. Eight (8) foot Austin Stone columns shall be constructed at all property comers 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. 9.5-20 Page 7of12 DOC#: 315892 Exhibit B Town Council Page 273 of 437 Meeting Date: August 25, 2015 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 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 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" - 4 112" 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 tum lanes. The Owner of the Land has voluntarily agreed to and shall provide left-hand tum 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 tum 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. 95-20 Page 8of12 DOC#: 315892 Exhibit B Town Council Page 274 of 437 Meeting Date: August 25, 2015 6. Accessorv 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. 95-20 DOC#: 315892 14, 000 -22, 00 square feet 14, 000 square feet 16,000 to 20,000 square feet Page 9of12 Exhibit B Town Council Page 275 of 437 Meeting Date: August 25, 2015 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. Parking lot 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. 95-20 Page 10of12 DOC#: 315892 Exhibit B Town Council Page 276 of 437 Meeting Date: August 25, 2015 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 (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. c. 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 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. 95-20 Page 11of12 DOC#: 315892 Exhibit B Town Council Page 277 of 437 Meeting Date: August 25, 2015 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 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 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 12of12 DOC #: 315892 Exhibit B Town Council Page 278 of 437 Meeting Date: August 25, 2015 Page 1 DRAFT DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE VILLAGE AT TROPHY CLUB TROPHY CLUB, TEXAS (fo Be Finalized Prior To Final Plat Approval) Exhibit B Town Council Page 279 of 437 Meeting Date: August 25, 2015 TABLE OF CONTENTS ARTICLE I DEVELOPMENT STANDARDS A. GENERAL PURPOSE. B. USES C. BUILDING PERM.IT REQUffiEMENTS D. HEIGHT REGULATIONS E. AREA REGULATIONS F. SCREENING/BUFFERING REGULATIONS G. LANDSCAPING REQUffiEMENTS H. OFF STREET LOADING I. HOURS OF OPERATION J. OFF-SITE PUBLIC IMPROVEMENTS K. DESIGN REQumEMENTS L. PROJECT GRADES/ELEV A TIO NS ARTICLE II ARCIDTECTURAL CONTROL 2.01 Appointment 2.02 Successors 2.03 Authority 2.04 Procedure For Apprnval 2.05 Standards 2.06 Liability of Committee ARTICLE ID 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 EXHIBIT B: PD SITE PLAN EXHIBIT E: LANDSCAPING CONCEPT PLAN EXHIBIT F: APPROVED PLANT LIST EXHIBIT G: POTENTIAL ALTERNATE SITE PLAN EXHIBIT H: PROPOSED ELEVATIONS I SITE LINES EXHIBIT I: CONCEPT ELEVATIONS Pagel DRAFT Exhibit B Town Council Page 280 of 437 Meeting Date: August 25, 2015 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THE VILLAGE AT TROPHY CLUB TROPHY CLUB, TEXAS THE STATE OF TEXAS KNOW 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 Trnphy Club (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 Deeci restrictions recorded in Volume , Page of the Deed of Records of Denton County, Texas (the "Addition CCR's") which are for the pm·pose 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 prnperty or any part thereof, and which shall inure to the benefit of each owner thereof. ARTICLE I DEVELOPMENT STANDARDS A. GENERAL PURPOSE. Page3 DRAFT 1. Project Development: Tue pUl}JOSe of this Non-ResideiJtial 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 hannonize with the residential character of the Town and planned within a landscaped enviromneut that helps to create a "visual entry" into Trophy Club. Tue ultimate development will also make a considerable contribution to the tax base of the Town. 2. Project Approvals: Tue PD Development has been requested to provide the provisions, allowances and specific design criteria needed to create a uniquely planned and designed commercial development. Tue project goal is to both provide an atmosphere of the highest possible quality for the Town of Trophy Club Exhibit B Town Council Page 281 of 437 Meeting Date: August 25, 2015 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 futme. Within this framework, the ultimate development plan may vary as the final property configurations and building designs are determined. The piupose 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 miginal 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 tenns shall have these meanings: (a) Development: The entire 9.947 land area of the project. (b) Developer: The then cunent owner of the Development and/or the Tract being referred to. (c) Tract: The portion or pottions 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 Conncil and filed of record in Denton Cow1ty, Texas. B. USES: The land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. Page4 DRAFT Exhibit B Town Council Page 282 of 437 Meeting Date: August 25, 2015 B.1. Permitted Principal Uses by Tracts. B.1.(a) Tract 4: Office/Commercial Shall permit the following principal uses: 1. Administrative, Executive, Editorial Office 2. Accounting Office 3. Architectura4 Engineering, Plauning Office 4. Attorney's Office 5. Physician or Dentist 6. Munici1ial Administration and Public Service Buildings 7. Insurance Office 8. Personal or Family Cmmselor 9. Public Secretary 10. Bank, Savings and Loan 11. Mortgage Company 12. Interior Design and Supply Services 13. Specialty Neighborhood Se1vices 14. Title Company 15. Health and Athletic Services 16. Weight Reduction Services 17. Medical, Denta4 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 Healt!I Clubs B.1.(b) 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 2. Restaurants with Alcoholic Beverage Sales (subject to required Town approvals) 3. Office Supply B.l(c) Tract 1: Retail/Commercial 4. Photographic Service and Studio 5. Specialty Gourmet Food Stores 6. Bakery Shop 7. Dry Cleaners (Pick up and Delivery only) Shall pe1·mit 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. Alt Gallery 8. Confectionery Shops 9. Ice Cream Shops 10. Drng Stores, Apothecary and Pages DRAFf Pharmacy 11. Jewelry and Watch Store 12. Florist 13. Arts, Crafts and Hobby Stores 14. Specialty Household Furnishings and Fixtures 15. Boutiques 16. Aiitique Shops 17. Neighborhood Hardware Stores 18. Small Household Appliance Store 19. Bicycle Shops (non-motorized) 20. Wearing Apparel and Shoe Shops Exhibit B Town Council Page 283 of 437 Meeting Date: August 25, 2015 21. Art Supply Store 25. MusicNideo Store (no video arcade machines allowed, no adult video sales or rentals allowed) 22. Electric Goods and Fixtures 23. Sporting Good Stores 24. Fabric and Knitting Shops B.l(d} Tract 2: Retail/Commercial 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). B.2. Accessm·y Uses: Accessory nses shall be pennitted 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. B.4. Limitation of Uses: Uuless 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. BUlLDING PERMIT REQUffiEMENTS: No application for a building pennit for the construction of a building shall be approved wtless: 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 prope1ty 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 CoWicil; 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 Plan (as defined above in C. l. ); 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 CoWicil; Page 6 DRAFT 5. An overall Signage Plan accompanying the Final Site Plan, meeting all requirements of the PD Dist1ict, has been approved by the Town CoWicil; Exhibit B Town Council Page 284 of 437 Meeting Date: August 25, 2015 6. An overall Site Lighting Plan accompanying the Final Site Plan, meeting all requirements of the PD District, has been approved by tbe 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. HEIGHT REGULATIONS: No building shall exceed thirty-five (35) feet or one (1) story in total height. E. AREA REGULATIONS: TI1e 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 m1y 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 structures 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: Page 7 DRAFT Tract 1: Tract 1 shall be restiicted to a minimum oftwo (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 Parking. 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. TI1e iuinimmn number of parking spaces for each Tract shall be 1 space for every 300 square feet ofbuilding area 011 the Tract. 5. Tract Subdivisions. TI1e Tracts 1-4 as defined herein· in this PD Ordiuance 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 vmied Tracts shall Exhibit B Town Council Page 285 of 437 Meeting Date: August 25, 2015 confonn to the regulations herein defined for the Tracts from which they were originally a part and cany out the original spirit and intent of the PD Ordinance. Note: Buildings identified 011 Exhibit B: PD Site Plan attached hereto are a schematic representation, and final building configurations may vmy, but shall in all respects co1ifor111 to the regulations defined herein, and be subject to Final Site Plan approvals as defined herein. 6. Maximum Impervious Area: The combined area occupied by all buildings, strnctures, 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 ft. minimwn from the property line. 9. Width of Side Yard on each side, 15 ft. minimwn from the property line. F. SCREENING/BUFFERJNG 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 line 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. Page 8 DRAFT 3. A continuous eight foot (8') "Woodcrete" fence shall be provided along the single family property lines and said fence shall be constrncted completely on the commercial property and with adjacent owners permission as per the Town of Trophy Club Fence Ordinance. Eight foot (8') Austin Stone colwnns 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 com1ections between existing residential fences and the 'W oodcrete" screening fence. Cmmections 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 Exhibit B Town Council Page 286 of 437 Meeting Date: August 25, 2015 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 REQUJREMENTS. 1. Landscaping shall be required in Accordance with Section 46, Landsca11ing Regulations of the Town of Trophy Club Zoning Ordinance. 2. 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 from the Approved Plant List. (See Exhibit F) H. OFF STREET LOADING. Olf street loading shall be provided as required by Section 48, Off-Street Loading requirements of the Town of Trophy "club Zoning Ordinance. Loading docks shall not be pennitted. I. HOURS OF OPERATION. Hours of operation for the uses set forth shall be no longer than from 6:00 AM. 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, tmck lot, pedestrian walkway, tent or other sales. J. OFF-SITE PUBLIC IMPROVEMENTS:. The Developer shall provide left hand tum 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. Construction of the deceleration and left tum lanes shall be constructed at the time of reconshuction of Trophy Club Drive by the Town. K. DESIGN REQUIREMENTS. Page9 DRAFT 1. No outdoor storage, except for refose disposal shall be pennitted. 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. Exhibit B Town Council Page 287 of 437 Meeting Date: August 25, 2015 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on snrrollllding 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 lighting shall be oriented down and away from all adjacent properties. Pole lamps should be of the quality of a Sternberg Ripon-A fixttire. All light will be a white light. (b) Building Lighting shall be motmted to the building face at a height not to exceed eight feet (8') or in grolllld fixtures and oriented to wash the building with light. All wall or grolllld 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 I. 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. Page 10 DRAFT (a) Vertical walls of each building exclusive of doors and windows shall be one hlllldred 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 soflits, 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) TI1e 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 comer of the site. To be a maximll111 of four ( 4) feet in height, Exhibit B Town Council Page 288 of 437 Meeting Date: August 25, 2015 fifteen (15) feet in length and sixiy (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 (10) 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 sign age to be externally lighted only. (e) No sigirnge shall be allowed to be displayed in window areas of the buildings. No ba1111er or tempormy signage shall be allowed O)l the exterior of the buildings. (t) No "pole 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 ma1111er 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 detennined 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 II ARCIDTECTURAL 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, desigi1, quality, harmony and confonnity throughout the Addition consistent with the Declm·ation. Page 11 DRAFI' Exhibit B Town Council Page 289 of 437 Meeting Date: August 25, 2015 2.02 Successm·s. 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 mising out of, se1vices perf01med, or not performed, pursuant to this Declaration. 2.03 Authority. No building, fence, wall, landscaping, or other strnctnte shall be commenced, erected, placed, maintained or altered on any lot, nor shall. any exterior painting of, e1'1erior addition to, or alteration of, such items be made until all constrnction 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 worlananship 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) confonnity and harmony of the external design, color, type and appearance of e1'1erior surfaces and landscaping as specified in this Declaration, and; ( c) the other standards set forth within this Declaration or matters in which the Committee has been vested with the authority to render a final interpretation and decision. The Connnittee 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 oflots in the Addition and, pursuant thereto, the Committee shall require the submission of plans and specifications therefore p1ior to the commencement, or during the process, of such construction or landscaping. In considering the hannony 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 Procedm·e for Approval. Preliminary an final construction plaits and specifications, and grading plans and landscaping plans and specifications shall be sub1nitted in duplicate to tl1e Committee. The plans and specifications shall shown the nature, kind, shape, height, materials and location of all landscaping mid improvements. The Committee is authorized to request the submission of samples ·Of proposed constrnction mate1ials. At such time as the plan and specifications meet the approval of tl1e Committee, one complete set of plans and specifications will be retained by the Connnittee 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 his designated representative. Page 12 DRAFT Exhibit B Town Council Page 290 of 437 Meeting Date: August 25, 2015 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, winch 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. TI1e 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 witlrin thirty (30) days after the date of submission, written approval of the matters submitted shall not be required and compliance with tills Article shall be deemed to have been completed. In case of a dispute about whether the Committee responded witlrin such time period, the person submitting the plans shall have the burden of establislllng that the Committee actually received the plans. Tue Committee's receipt of the plans may be established by a signed certified mail receipt. 2.05 Standards. TI1e Committee may from time to time publish and promulgate regarding arcllltectural standards, wlrich shall be fair, reasonable and mllfonnly applied and shall cany 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 faitli and are not arbitrary or capricious. Any eJTors 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 wlllch the improvements relate, and the Committee shall have no obligation to check for eJTors 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 ilie common law, whether the same relate to lot lines, btlllding lines, easements or any oilier issue. ARTICLE ill GENERAL PROVISIONS 3.01 Recorded Plat. All dedications, limitations, restrictions and reservations shown on the Plat 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 tlie addition whether specifically refeJTed to therein or not. 3.02 Mortgage. It is expressly provided tliat ilie 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 iliereof euc1llllbered by such mortgage or deed of trust, but said conditions shall be binding thereto as to lots acquired by foreclosure, trustee's sale or otherwise, as to any breach occurring after such acqllisition of title. Page 13 DRAFT Exhibit B Town Council Page 291 of 437 Meeting Date: August 25, 2015 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 pe1iods of ten {10) years unless amended as provided herein or as allowed by applicable°Jaw. 3.04 Severability. If any condition, covenant or restriction herein contained shall be invalid, which invalidity shall not be presumed m1til 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 instrmnent, 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 m1dertake 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 herein 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 rncord owner, wl1ether 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 Exhibit B Town Council Page 292 of 437 Meeting Date: August 25, 2015 3.08 Addresses. Any notices or correspondence to an owner of a lot shall be addressed to the street addrnss 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 DRAFr Exhibit B Town Council Page 293 of 437 Meeting Date: August 25, 2015 EXHIBIT F APPROVED PLANT LIST Large Shade Trees Minimum Size Small Accent Trees Pecan 31/2"-4" White Redbud Honey Locust 3 1/2 II -4 II Oklahoma Sweetgmn 31/2"-4" Deciduous Yaupon Sout11em Red Oak 4"-41/2" Yaupon Holly Bur Oak 31/2 11 -4 11 Crapemyrtle Water Oak 31/2"-4" Flowering Crabapple Shumard Oak 4"-41/2" Bradford Pear Live Oak 4" - 4 1/2" Texas Mountain Lamel Bald Cypress 31/2"-4" Cedar Ehn 4"-41/2" Loblolly Pine 31/2"-4" Elderica Pine 3 1/2 II -4 II Japanese Black Pine 31/2"-4" Note: Caliper measurements shall be measured 12" above the top of the ball of the plant. DRAFT Minimum Size 7' Height 7' Height 7' Height 7' Height 7' Height 7' Height 7' Height 7' Height Exhibit B Town Council Page 294 of 437 Meeting Date: August 25, 2015 Shrubs Azalea Species Kurume Hybrid Glendale Hydrid Mentor Barberry Japanese Cleyera Coton easter parneyi Thorny Elaeagnus Bmford Holly DwmfBurford Holly Dwarf Chinese Holly DwarfYaupon Holly LeatherleafMahonia Nandina DwaifNandina 'Purpure Indian Hawthorn Standard: 'Jack Evans' or 'Springtime' Dwarf: 'Enchantrees' or 'Ballerina' DRAFT APPROVED PLANT LIST (continued) Minimum Size Groundcover 3 Gallon English Ivy Blue Pacific Jmliper 3 Gallon Bar Harbor Jmliper 3 Gallon Wilton Juniper 3 Gallon Big Blue Liriope 3 Gallon Pm]Jle Japanese Honeysuckle 2 Gallon Mondo Grass 2 Gallon Asian Jasnline 2 Gallon Vines 2 Gallon Carolina Jessamine 3 Gallon Coral Honeysuckle 3 Gallon Virgin:ia Creeper 2 Gallon Boston Ivy 3 Gallon Lady Banks Rose Chinese Wisteria Minimum Size 4" Pot l Gallon I Gallon I Gallon 4" Pot 4" Pot 4" Pot 4" Pot Minimum Size 2 Gallon 2 Gallon I Gallon I Gallon 2 Gallon 5 Gallon Exhibit B Town Council Page 295 of 437 Meeting Date: August 25, 2015 EXHIBIT F APPROVED PLANT LIST Large Shade Trees Minimum Size Small Accent Trees Pecan 3 112 " -4" White Redbud Honey Locust 3 1/2 II -4" Oldaboma Sweet gum 3112"-4" Deciduous Y aupon Southern Red Oak 4"-4112" Yaupon Holly Bur Oak 3 1/2 II -4" Crapemyrtle Water Oak 3 1/2 " -4" Flowering Crabapple Slmmm·d Oak 4 II -4 112" Bradford Pear Live Oak 4 " -4 112" Texas Mountain Laurel Bald Cypress 3 1/2 II -4 II Cedar Elm 4"-4112" Lob lolly Pine 3 1/2 " -4" Eldetica Pine 3 1/2 " -4" Japanese Black Pine 3 1/2 " -4" Note: Caliper measurements shall be measured 12" above the top of the ball of the plant. DRAFT Minimum Size 7' Height 7' Height 7' Height 7' Height 7' Height 7' Height 7' Height 7' Height Exhibit B Town Council Page 299 of 437 Meeting Date: August 25, 2015 Shrubs Azalea Species Kurmne Hybrid Glendale Hydrid Mentor Barberry Japm1ese Cleyera Cotoneaster parneyi Thorny Elaeagnus Burford Holly Dwarf Burford Holly Dwan Chinese Holly DwmfYaupon Holly LeatherleafMahonia Nmrdina DwarfN mrdina 'Purpure Indimr Hawthorn Stmrdard: 'Jack Evmrs' or 'Springtime' Dwarf 'Enchmrtrees' or 'Ballerina' DRAFT APPROVED PLANT LIST (continued) Minimum Size Grnundcover 3 Gallon English Ivy Blue Pacific Jmriper 3 Gallon Bar Harbor Juniper 3 Gallon Wilton Juniper 3 Gallon Big Blue Liriope 3 Gallon Purple JapmJese Honeysuckle 2 Gallon Mondo Grass 2 Gallon Asian Jasmine 2 Gallon Vines 2 Gallon Carolina Jessamine 3 Gallon Coral Honeysuckle 3 Gallon Vfrginia Creeper 2 Gallon Boston Ivy 3 Gallon Lady Banks Rose Chinese Wisteria Minimum Size 4" Pot 1 Gallon 1 Gallon 1 Gallon 4" Pot 4" Pot 4" Pot 4" Pot Minimum Size 2 Gallon 2 Gallon 1 Gallon 1 Gallon 2 Gallon 5 Gallon Exhibit B Town Council Page 300 of 437 Meeting Date: August 25, 2015 ~· = l:<i ·~ ;, = ""' H l'i1 H ~ "" Exhibit B Town Council Page 306 of 437 Meeting Date: August 25, 2015 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 Exhibit B Town Council Page 307 of 437 Meeting Date: August 25, 2015 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/ Exhibit B Town Council Page 308 of 437 Meeting Date: August 25, 2015 Su b j e c t P r o p e r t y Lo c a t i o n M a p Ex h i b i t C To w n C o u n c i l Pa g e 3 0 9 o f 4 3 7 Meeting Date: August 25, 2015 Th e V i l l a g e P l a t E x h i b i t Su b j e c t P r o p e r t y Ex h i b i t C To w n C o u n c i l Pa g e 3 1 0 o f 4 3 7 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0558-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding an amendment to the approved Site Plan for Lots 1 and 2, Block A, Wonderland Plaza Addition, Case SP-15-031. Attachments:Staff Report - Case SP-15-031.pdf Exhibit A - Application.pdf Exhibit B - Proposed Amended Site Plan.pdf Exhibit C - Current Site Plan Approved on January 13, 2015.pdf Exhibit D - Location Map and Plat.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an amendment to the approved Site Plan for Lots 1 and 2, Block A, Wonderland Plaza Addition, Case SP-15-031. Town Council Page 311 of 437 Meeting Date: August 25, 2015 To: Mayor and Town Council From: Ron Ruthven, Town Planner CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Case #SP-15-031 Town Council Meeting, Tuesday, August 25, 2015 Agenda Item: Consider and take appropriate action regarding an amendment to the approved Site Plan for Lots 1 and 2, Block A, Wonderland Plaza Addition, Case SP-15-031. REQUEST: The applicant, Savi Management Company, is requesting an amendment to the approved site plan for the subject property. The amendment involves changes to the building size, layout and square footage breakdowns. No other changes are proposed to the site plan, landscape plan or building elevations. PROPOSED AMENDMENTS: • The gross floor area (GFA) of the retail building has increased from 17,272 square feet to 19,114 square feet • The restaurant GFA has been reduced from 6,000 square feet to 5,514 square feet the retail GFA has increased from 11,272 square feet to 13,600 square feet. • The site plan approved by the Town Council (attached) showed three separate retail buildings. The revised site plan combines the three buildings into one. • Required parking has increased from 110 to 117, although the total parking provided has not changed. The changes to the GFA meet the parking requirements of Chapter 13-Zoning in the Code of Ordinances. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission considered this item on August 6, 2015. The Commission voted to recommend approval of this item by a vote of (5-0) subject to the following condition: • A traffic queuing analysis shall be conducted for traffic along Bobcat adjacent to the subject property including impacts from turning movements from subject property. Page 1 of 2 Town Council Page 312 of 437 Meeting Date: August 25, 2015 As of the date of this briefing, the applicant has not submitted the analysis. STAFF REVIEW AND RECOMMENDATION: The proposed amendments comply with the requirements of PD 27 and the Code of Ordinances. Staff recommends approval. Attachments: Exhibit “A” – Application Exhibit “B” – Proposed Amended Site Plan Exhibit “C” – Current Site Plan Approved on January 13, 2015 Exhibit “D” – Location Map and Plat Page 2 of 2 Town Council Page 313 of 437 Meeting Date: August 25, 2015 Ex h i b i t A To w n C o u n c i l Pa g e 3 1 4 o f 4 3 7 Me e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 Exhibit C Town Council Page 316 of 437 Meeting Date: August 25, 2015 Su b j e c t P r o p e r t y Lo c a t i o n M a p Ex h i b i t D To w n C o u n c i l Pa g e 3 1 7 o f 4 3 7 Meeting Date: August 25, 2015 Pr o p e r t y P l a t Ex h i b i t D To w n C o u n c i l Pa g e 3 1 8 o f 4 3 7 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0537-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding the remaining Park Bond funds. Attachments:Staff Report - Park Bond Funds.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the remaining Park Bond funds. Town Council Page 319 of 437 Meeting Date: August 25, 2015 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Adam Adams, Parks & Recreation Dir. Re: Park Bond Funds Town Council Meeting, Tuesday, August 25, 2015 Agenda Item: Consider and take appropriate action regarding the remaining Park Bond funds. Explanation: The remaining 2010 GO funds budgeted for use this fiscal year to install a camera system at Independence Park East and to replace the bleachers at Independence East with larger bleachers. The Dino playground moving to the alternate site of Freedom Park required additional Park Bond funds to make site improvements addressing needed functionality and safety. Additionally, TCR Youth Baseball Association indicated that the current bleachers at Independence East were adequate and did not need to be replaced desiring instead that the funds be used to purchase and install scoreboards at Independence West. Staff is requesting direction as to how Council desires to move forward with the expenditure of the remaining funds in the approximate amount of $15,337. The following are potential projects that could utilize these funds: 1. Contributing towards the playground at Harmony Park 2. Contributing towards a bleacher replacement program at Harmony Park 3. Contributing towards a scoreboard program at Independence West 4. Contributing towards an electronic controlled access gate system at Freedom Dog Park Attachments: None Recommendation: Staff recommends applying the residual bonds funds toward the playground at Harmony Park. Page 1 of 1 Town Council Page 320 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0542-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding an Ordinance of the Town repealing Article IV, “Sign Regulations” of Chapter 5, “General Land Use” of the Code of Ordinances of the Town, and adopting a new Article IV, “Sign Regulations” of Chapter 5, “General Land Use” in order to regulate signage within the Town, providing for amendments; providing a penalty for violation not to exceed $500 per day; providing for publication; and providing an effective date. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance of the Town repealing Article IV, “Sign Regulations” of Chapter 5, “General Land Use” of the Code of Ordinances of the Town, and adopting a new Article IV, “Sign Regulations” of Chapter 5, “General Land Use” in order to regulate signage within the Town, providing for amendments; providing a penalty for violation not to exceed $500 per day; providing for publication; and providing an effective date. Town Council Page 321 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0543-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-06 adopting the Municipality of Trophy Club Handbook for Elected and Appointed Officials and adopting a new Municipality of Trophy Club Handbook for Elected and Appointed Officials; and providing an effective date. Attachments:RES 2015-15 - Elected and Appt Handbook Revision.pdf 2015 Handbook for Elected and Appointed Officials August 2015 Amendments.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-06 adopting the Municipality of Trophy Club Handbook for Elected and Appointed Officials and adopting a new Municipality of Trophy Club Handbook for Elected and Appointed Officials; and providing an effective date. Town Council Page 322 of 437 Meeting Date: August 25, 2015 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2015-15 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2015-06 ADOPTING THE AMENDED MUNICIPALITY OF TROPHY CLUB HANDBOOK FOR ELECTED AND APPOINTED OFFICIALS AND ADOPTING A NEW MUNICIPALITY OF TROPHY CLUB HANDBOOK FOR ELECTED AND APPOINTED OFFICIALS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town benefits by having its citizens involved in local government through service on Town Boards and Commissions and has established several boards and commissions that perform various functions for the Town; and WHEREAS, the Town initially adopted the Municipality of Trophy Club Handbook for Elected and Appointed Officials” (hereinafter “Handbook”) to establish guidelines and procedures for Town Boards, Commissions and Corporations and to ensure uniform treatment of all persons applying for and serving on those bodies and has adopted amendments to those guidelines as determined appropriate since the initial Handbook adoption; and WHEREAS, the guidelines established in the Handbook are in addition to those requirements imposed by the Texas Open Meetings Act and other applicable state law; and WHEREAS, since enacting Resolution No. 2015-06, the Town Council has created a Building Standards Commission thus creating a need for amendments to the Handbook; and WHEREAS, the passage of this Resolution repeals Resolution No. 2015-06, and all other conflicting Resolutions adopting or amending the Handbook and adopts a new Handbook which has been determined by the Council to be beneficial to the Town and its residents and to serve the public welfare. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the foregoing recitals are adopted and incorporated herein as findings. Section 2. That the Town Council hereby repeals and Resolution No. 2015-06 and all other conflicting Resolutions adopting or amending the Handbook and hereby adopts the new “Municipality of Trophy Club Handbook for Elected and Appointed Officials”, a true and correct copy of the new Handbook being attached hereto and incorporated herein as Exhibit “A”. Town Council Page 323 of 437 Meeting Date: August 25, 2015 Section 3. That this Resolution shall become effective upon its passage, and that upon passage of this Resolution, the Handbook (Exhibit “A”) shall become effective. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 25th day of August, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas RES 2015-15 Page 2 of 3 Town Council Page 324 of 437 Meeting Date: August 25, 2015 EXHIBIT A Municipality of Trophy Club Handbook for Elected and Appointed Officials RES 2015-15 Page 3 of 3 Town Council Page 325 of 437 Meeting Date: August 25, 2015 MUNICIPALITY OF TROPHY CLUB Handbook for Elected and Appointed Officials MUNICIPALITY OF TROPHY CLUB Handbook for Elected and Appointed Officials EFFECTIVE DATE: 02-24-2015 REVISION DATE: 02-24-2015 (Resolution No. 2015-06) This Handbook is applicable to all paid, non-paid and voluntary positions and seats to include; Town Council, Boards, Commissions, and Corporations. I acknowledge receiving and agree to comply with the policies set forth in the Handbook for Elected and Appointed Officials. __________________________________ ____________________________ Elected/Appointed Official Signature Date __________________________________ ____________________________ Elected/Appointed Official Printed Name Board/Commission/Corporation Serving Return this page to the Town Secretary and attach the Texas Open Government Training Certificates where applicable. Handbook for Elected and Appointed Officials Page 1 of 11 Town Council Page 326 of 437 Meeting Date: August 25, 2015 Introduction In order to be “A Great Place to Call Home,” the Town of Trophy Club encourages and is indebted to our dedicated citizens who serve on Boards, Commissions, and Corporations. In accordance with Section 4.16 of the Town Charter, the citizens who serve do so without compensation. They are appointed to serve after indicating their interest through the application process, and they serve at the discretion of the Town Council. Generally, members of each Board, Commission or Corporation are charged with researching pertinent projects and with making recommendations to the Town Council. Members serve in an advisory capacity. The exceptions are the Zoning Board of Adjustment and the Building Standards commission, which have quasi-judicial duties. The exact duties and requirements of each Board, Commission or Corporation can be found in the ordinance establishing that specific body and/or applicable enabling statute. Each Board, Commission, and Corporation consists of members, a Chair/President, a Town Staff Liaison and a Council Liaison if one is appointed by the Council. Applicant Requirement for Boards, Commissions, or Corporations Applicants for Boards, Commissions, or Corporations must be United States Citizens and registered voters prior to their appointment and must also be Trophy Club residents for at least six (6) months prior to their appointment. Based upon good cause shown, Council may waive the voter registration and/or length of residency requirement for a person appointed to a Board, Commission, or Corporation, except where restricted by State law. Neither Town elected officials, nor persons appointed to fill vacancies on any elected Town governmental body may serve on a Town Board, Commission, or Corporation, per Town Charter. The technical expertise of applicants shall be a consideration in gaining appointment. Residency Requirement/Temporary Change in Residency Status In addition to the residency requirement for citizens making application to serve on Town Boards, Commissions, and Corporations, a person serving as a member must reside within the Town of Trophy Club during his or her term of service in order to continue serving. However, if during the term of appointment or during the time frame for reapplication, the residency status of a then current member of a Board, Commission or Corporation temporarily changes for a period of no more than six (6) months, the member may request that the Council review his/her specific circumstances affecting residency. If the temporary change in residency status does not disqualify a member of a Board, Commission, or Corporation from continuing to serve either because of a Charter or state law requirement for service on his/her respective Board, Commission, or Corporation, the Council may authorize the continued service or reappointment of the member until such time as the member returns to permanent residency status. Handbook for Elected and Appointed Officials Page 2 of 11 Town Council Page 327 of 437 Meeting Date: August 25, 2015 Posting Process The Town Secretary will ensure that annual appointments for Boards, Commissions, and Corporations are posted in the month of June: • Announced in the Town Newsletter • Posted on the marquees • Posted on the Town’s Web page at: www.trophyclub.org • Posted to Town-managed social media sites at: www.facebook.com/TrophyClubGov and www.twitter.com/TrophyClubGov The Town Secretary will also notify each member whose term is expiring that they must resubmit the Board, Commission and Corporation Application. Application Process for Annual Appointments Applications will be accepted each year in July or within a time frame as otherwise directed by Town Council. A received application will be considered active for one year following the date of receipt, provided it meets all previously stated requirements. Applications are available in the Town office and online at the Town’s website. The completed application shall be submitted to the Town Secretary and forwarded as soon as possible to the Town Council Appointments Committee and ex-officio members, all additional members of the Town Council, the Chair/President of the respective Board, Commission, or Corporation, and the Staff Liaison. Town Council Appointments Committee At the first Town Council meeting in June, the Council shall establish a Town Council Appointments Committee tasked with making recommendations to the full Council regarding appointments to all Boards, Commissions, and Corporations (hereinafter “Appointments Committee”). The Appointments Committee shall be comprised of the Mayor and two (2) Council members, and the Committee shall have the discretion to add additional non-voting ex- officio members to the Committee as determined appropriate. Interview Process – Appointments Committee Interviews shall be conducted by the Appointments Committee after the close of each application period. Staff Liaisons shall be responsible for scheduling interviews for each candidate who submits an application for their respective Board, Commission, or Corporation. Typically these interviews will be held at a regular interval as determined by the Appointments Committee. In the event of scheduling conflicts or workload demands, alternate dates may be selected. Group interviews are conducted for most vacancies. However, individual interviews may be conducted for certain positions at the request of the Appointments Committee. After conducting interviews, the Appointments Committee shall provide its recommendations relating to nominations for appointment to the Town Manager preceding the Council meeting Handbook for Elected and Appointed Officials Page 3 of 11 Town Council Page 328 of 437 Meeting Date: August 25, 2015 at which such appointments are to be considered. Appointments generally will be made by resolution at the second (2nd) Town Council meeting of the month. The Appointments Committee and Council will not evaluate applicants on the basis of race, color, religion, sex, national origin, ethnic group, age, or disability. Recommendations for appointment to a Board, Commission or Corporation will not be made based on stereotypes or assumptions about the abilities or traits of individuals of a certain race, color, religion, sex, national origin, ethnic group, or age, or individuals with disabilities. Mid-Term Vacancy / Resignations When a Board, Commission, or Corporation member resigns mid-term, a written notice of resignation shall be submitted to that body’s Chair/President. The Chair/President shall forward the notice to the Staff Liaison who shall then forward the notice to the Town Secretary and Town Council. Upon receiving notice of vacancy, the Town Secretary shall initiate the application process in accordance with the Posting Process set forth above, and interviews shall be conducted in accordance with the Interview Process as set forth above. Members appointed to fill vacancies shall be appointed to serve out the remainder of a predecessor’s term. Council may directly appoint an applicant whose application is previously on file under the established application process provided that the applicant is still willing to serve on the Board, Commission or Corporation that he/she applied for without the requirement of an additional interview. Removal Members of Boards, Commissions and Corporations serve at the discretion of the Town Council and may therefore be removed at the sole discretion of Council at any time; provided however, that members of the Building Standards Commission may only be removed for cause on a written charge Before the decision regarding removal is made, the Council shall hold a public hearing on the matter if requested by the member that is subject to the removal action. Removal shall be by majority vote of the Council. Appointments Process Terms of office for Board, Commission, and Corporation members shall begin in October unless Town Council extends the time period for the application process or otherwise determines it appropriate to alter the annual appointment schedule. Term Lengths Term lengths are set forth in the ordinance establishing the Board, Commission, or Corporation and/or applicable enabling statutes. Terms are staggered, with the Council making annual appointments to replace members whose regular terms expire in any given year. Handbook for Elected and Appointed Officials Page 4 of 11 Town Council Page 329 of 437 Meeting Date: August 25, 2015 Compensation Members appointed to a body by the Town Council shall serve without compensation; provided however, that they shall be entitled to reimbursement of any necessary expenses incurred in the performance of their official duties, when approved by Council or its’ designee. Maximum number of Appointments It is the goal of the Council to afford the opportunity to serve on Town Boards, Commissions and Corporations to as many interested residents as possible; however, except as otherwise specifically provided in this Section, if the number of open Board, Commission, or Corporation seats exceeds the number of qualified applicants, the Council may allow a person to serve on more than one (1) Board, Commission, or Corporation. In the event that the number of qualified applicants exceeds the number of open Board, Commission, or Corporation seats, it is the goal of the Council to first appoint those qualified applicants not already serving before taking action to appoint an applicant who is already serving on a Town Board, Commission, or Corporation. Council may act to replace a current member who is serving on more than one Board, Commission or Corporation prior to the end of his or her term, provided there is an adequate number of qualified applicants. Exception: Since the Building Standards Commission (BSC) and the Zoning Board of Adjustment (ZBA) do not meet on a regular basis but meet only as needed, it is the intention of the Council to utilize a dual appointment process when making appointments to the BSC and ZBA. Therefore, a person may be appointed to serve on both the Building Standards Commission and the Zoning Board of Adjustment concurrently. Open Government Training Elected and appointed public officials are required by State law to receive training in Texas open government laws. The Office of the Attorney General offers free video training courses, which were developed to ensure that all elected and appointed government officials, have a good command of both open records and open meetings laws. Each elected or appointed official who is a member of a governmental body subject to the Open Meetings Act or the Public Information Act must attend training. Additionally, employees who serve as a governmental body's designated public information coordinator are required to complete the Public Information Act training course. Officials who are elected or appointed shall complete the required open government training within ninety (90) days after taking elected office or after appointment. Staff Liaisons from the individual groups requiring the training shall be responsible to ensure that all members of their group receive the training. Training CDs are available in the Town Secretary’s office. Certificates of completion must be maintained by the member's governmental body and made available for public inspection upon request. The original Certificate shall be forwarded to the Town Secretary to be kept in permanent records. More information on Open Government may be obtained online at the Texas Attorney Handbook for Elected and Appointed Officials Page 5 of 11 Town Council Page 330 of 437 Meeting Date: August 25, 2015 General’s Office. (http://www.oag.state.tx.us) Nepotism Members of an Economic Development Corporation, Building Standards Commission, Zoning Board of Adjustment or Planning and Zoning Commission cannot be related to a Council member. For all other Boards, Commissions, and Corporations, the following rules shall apply: 1. A Board, Commission, or Corporation Chair/President cannot be a relative of the Mayor or of a Council Member; and 2. No more than one (1) member on any given Board, Commission, or Corporation may be a relative of a Council Member. A person is a relative if he/she is related in the first degree by consanguinity (blood) or by affinity (marriage). Guidelines for Members All members of Boards, Commissions, and Corporations have specific duties and responsibilities. All members of Boards, Commissions, and Corporations are expected to participate in formal and informal training sessions. Many Boards, Commissions, and Corporations deal with technical issues that can require a foundation of certain knowledge that must be updated from time to time. The Town will provide reasonable opportunities for members to acquire and keep current in these training efforts. Members are expected to participate. Regular attendance Effectiveness as a member requires regular attendance. Should a member of a Board, Commission, or Corporation fail to attend three consecutive regular meetings without being excused by the Board, Commission, or Corporation, the Council may declare that member’s appointment forfeited. A member who is unable to attend a meeting shall notify the Staff Liaison of his/her inability to attend the meeting and shall provide an explanation of the conflict or other reason that prevents his/her attendance. Notice to the Staff Liaison shall be provided as soon as practicable after the member becomes aware of the impending absence. It is particularly important that all members attend briefing sessions and work sessions prior to formal meetings to promote effective and efficient meetings. If a member finds difficulty in maintaining regular attendance, it is suggested that the member consider whether they have sufficient time to be an effective member. It is the responsibility of a member in this position to initiate a discussion with the Chair/President or Staff Liaison about attendance. The Chair/President of the Board, Commission, or Corporation is to maintain a charted attendance record for all members. If attendance becomes an issue, the Staff Liaison will attempt to secure a written resignation. Handbook for Elected and Appointed Officials Page 6 of 11 Town Council Page 331 of 437 Meeting Date: August 25, 2015 The Staff Liaison is responsible for submitting periodic reports to the Town Council on behalf of the Board, Commission, or Corporation noting progress and members’ attendance. Avoidance of contacts and individual discussions It is not uncommon for applicants, opponents, or their representatives to approach individual members to solicit support or disapproval of a pending issue. These individual contacts shall be declined by members of the Building Standards Commission, Zoning Board of Adjustment and by members of the Ethics Commission. Requests for sponsorships/donations/agreements with vendors Unless acting jointly with a Staff Liaison pursuant to the direction of their respective Board, Commission, or Corporation, members do not have the authority to seek donations, to make agreements with vendors, or to give the impression that they are acting as an agent for the Town. Furthermore, Board, Commission and Corporation members are not permitted to obligate any Town funds or enter into any agreements without prior written approval of the Town Manager or the Manager’s designee. All actions requiring the obligation or expenditure of funds shall be in accordance with the applicable approved budget. Ethics All members of the Town Council, Boards, Commissions, and Corporations shall be familiar with the requirements of the Town’s Ethics ordinance. Effective Meetings All members of Boards, Commissions and Corporations should familiarize themselves with the elements of a successful meeting. These include: • Having a purpose for the meeting; • Giving adequate notice; • Posting public notice when required; • Preparing for the meeting in advance; • Preparing an agenda; • Allowing for appropriate participation from all parties; • Selecting an appropriate meeting place; • Determining the outcome or results of the meeting; • Keeping an accurate record of all proceedings; and • Keeping discussion focused on items listed on the agenda. Members should avoid common mistakes that can make meetings unproductive, including but not limited to: • Lack of control at the meeting, appearing unfair, being unable to bring issues to a vote and wasting people’s time. The Staff Liaison and all members are responsible for compliance with the Texas Open Meetings law. Meetings of all Boards, Commissions and Corporations are open to the public. All meetings shall be held in such a fashion that all participants have assigned seating with clearly visible nameplates. Board Members must take care to speak into the microphone at all times while in session. If a meeting is recorded with only audio and no video, each person must Handbook for Elected and Appointed Officials Page 7 of 11 Town Council Page 332 of 437 Meeting Date: August 25, 2015 identify themselves prior to speaking. Prior to initiating a closed or “Executive Session,” the Staff Liaison and Chair/President shall receive approval from the Town Attorney. Prior to any meeting, the Chair/President and Staff Liaison shall prepare an agenda describing actions to be taken by the group. The agenda shall be prepared in a format approved by the Town Attorney and shall be posted in compliance with State law. The Chair/President shall allocate sufficient time for both applicants and opponents of an issue to present their information. Regardless of whether an agenda item is listed as a public hearing item or not, members of the public shall be given a reasonable opportunity to present their information and opinions. The Chair/President must allocate and manage the time to be allotted and shall use discretion based upon the agenda, the Council Rules of Procedure and other factors; provided however, that the Chair/President shall have the discretion to allow additional time without objection by a majority of the Board, Commission or Corporation. The Chair/President shall endeavor to see that all persons attending or participating in meetings are treated with respect and dignity. All members must refrain from prejudicial or stereotypical comments. All members must refrain from questioning that takes the form of “badgering” or “debating” with those providing testimony/comment. All members need to be cautious of publicly representing their positions beyond the scope of the business at hand. The official position of the Town shall be represented only by Town staff, as established by the Town Council. Conduct in meetings Board, Commission, and Corporation members should act in a professional manner. If a resident presents a complaint to the Board, Commission, or Corporation at a meeting the information should be taken and referred to Staff to reply to the resident. Rules of Decorum Meetings of all Boards, Commissions, and Corporations shall be conducted in accordance with adopted Town Council Rules of Procedure. PARLIAMENTARY MOTIONS AND PRECEDENCE Requires 2nd Debatable Amendable A Majority Vote of Those Present 1. To adjourn Yes No No Yes 2. To take a recess Yes No Yes Yes 3. To commit, refer, or recommit to committee Yes Yes Yes Yes 4. To amend Yes Yes Yes Yes 5. To amend an amendment Yes Yes No Yes 6. To postpone indefinitely Yes Yes No Yes 7. To table Yes No No Yes 8. Calling the question No No No 2/3 9. Objecting to consideration of a No No No 2/3 Handbook for Elected and Appointed Officials Page 8 of 11 Town Council Page 333 of 437 Meeting Date: August 25, 2015 question Responsibilities of the Chair/President Each Board, Commission, or Corporation shall have a Chair/President. A Board, Commission, or Corporation at the Council’s discretion, may be asked to make a recommendation for a Chair/President with the final determination left to the Council. The Chair/President should have some experience as a member of the group. The Planning and Zoning Commission’s Chair will be determined entirely by the Council. The Chair/President must act as the “leader” and take responsibility for the group’s efficient and meaningful operation. The Chair/President must ensure that roles are clearly spelled out, meetings are efficiently conducted and necessary information is readily available, which helps create a good working environment. Appointment of a Chair/President The Council will have final determination on the appointment of a Chair/President for each Board, Commission and Corporation, except where state law requires appointment of a Chair/President by another method. Following the appointment of a new Chair/President, the Mayor or his or her designee and a Staff Liaison will arrange a meeting with the new Chair/President to review this Handbook and share ideas on how to run an effective meeting. The Chair/President should manage the meeting to ensure that: • A few members do not monopolize discussion or questions; • Appropriate time is taken for presentation and discussion; • Dialogue and interactions are maintained in a courteous and professional Manner; • Minutes of each Board, Commission, and Corporation meeting are taken and maintained by the Staff Liaison; • Staff and members treat each other with mutual respect at all times; • Discussion is limited to those items on the agenda. However, the Chair/President or Staff Liaison may place any item on a future agenda for discussion; • All Board, Commission, and Corporation meetings shall be recorded as required by the Texas Open Meetings Act. The Chair/President must ensure that effective communication exists between Board, Commission, Corporation, Council, Staff and the public. This requires frequent interaction with the Staff Liaison and Council Liaison to the Board, Commission, or Corporation. The Town Manager is responsible for ensuring that that the Staff Liaison is efficient in providing requested technical assistance and information to members. This includes helping to develop appropriate rules and procedures for the group in order to complete its duties. It also requires preparation of proper meeting notices and agendas, gathering and relaying pertinent information in a timely fashion to members and providing support at meetings. If the Staff Liaison is not effectively operating in this manner, the Chair/President should first discuss the issue with the Town Manager. If satisfactory results are not achieved, the Chair/President should next contact the Mayor and Council Liaison to the Board, Commission or Corporation if a Council Liaison has been named. Handbook for Elected and Appointed Officials Page 9 of 11 Town Council Page 334 of 437 Meeting Date: August 25, 2015 It is the responsibility of the Chair/President to be mindful of the attendance, actions and activities of individual members, as well as to discuss with these members any deviations from the rules. The Chair/President shall be responsible for communicating to the Staff Liaison any requests to be placed on the Town Council agenda for consideration. The Chair/President and Staff Liaison shall define the scope, objectives and criteria for completion of any project to be undertaken by the group that has not been referred directly from Council. This should be done prior to the initiation of all projects. For items referred to a Board, Commission or Corporation by Council, it is the responsibility of the Chair/President and Staff Liaison to see that proceedings of the Board, Commission or Corporation fulfill the direction provided by Council in whole and in a timely manner, with appropriate information and context. Prior to a Board, Commission or Corporation undertaking any project or initiative that requires the expenditure of funds, other than those authorized in the approved Town budget, such initiative or project shall be submitted to the Staff Liaison for action by the Town Manager. Responsibilities of the Staff Liaison A member of the Town staff will be assigned to each Board, Commission, or Corporation. The Staff Liaison shall not assume the responsibility or task of the group. Rather, the Staff Liaison shall provide information that group members need to perform their obligations. The Staff Liaison shall also serve as a communication link between members of the group and the Town staff. The Staff Liaison shall be responsible for making periodic reports to the Town Council regarding the activities of his/her Board, Commission or Corporation. The Staff Liaison, when appropriate and in accordance with the Texas Open Meetings Act, shall place an item on the agenda for his/her designated Board, Commission or Corporation to allow the Council Liaison to provide an update regarding the actions, direction and input of the Town Council. Responsibilities of the Council Liaison and Council members A member of the Town Council may be assigned as liaison to each Board, Commission, or Corporation. The Council Liaison shall not assume the responsibility or task of the assigned body. The Council Liaison shall serve as a communication link between the Board, Commission or Corporation and the Town Council. The Council Liaison shall make periodic reports to the Town Council regarding the activities of their assigned Board, Commission or Corporation. In order to maintain appropriate separation of responsibilities between Council and boards, Council Liaisons and Council members are expected to exercise restraint in providing input to boards, but if they choose to do so, shall clearly and definitively state that they are providing input as an individual and do not represent the Council as a body in any way. Council members may freely speak before any Board, Commission or Committee on behalf of their own personal interest and concerns; in which case, they shall publicly state the nature of their interest and/or concern and that they are appearing only in their private capacity. The Council Liaison should communicate with the Chair/President throughout the year to ensure Boards, Commissions and Handbook for Elected and Appointed Officials Page 10 of 11 Town Council Page 335 of 437 Meeting Date: August 25, 2015 Corporations focus on their missions and roles and to stay abreast of board activities. Council Liaisons should be accessible to Board, Commission and Corporation Chairs/Presidents to offer feedback and guidance. Council members and Council Liaisons may address a Board, Commission or Corporation and express his or her individual opinion when that Board, Commission or Corporation is addressing a matter that personally impacts the Council Liaison or his or her personal property or interests; however, all other statements made by Council members or Council Liaisons shall reflect the opinion, advice or direction of a majority of the Town Council. Handbook for Elected and Appointed Officials Page 11 of 11 Town Council Page 336 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0544-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding an Ordinance amending Article I, “Parks And Recreation Board” of Chapter 9, “Parks and Recreation” of the Code of Ordinances of the Town of Trophy Club to amend the Introductory Paragraph of Section 1.02 in order to reduce the number of seats on the Board, to amend Subsection 1.02(3) to provide for two (2) year terms for seven (7) members, and to amend Subsection 1.02(5) to provide for Council appointment of the Board Chairperson; and providing an effective date. Attachments:ORD 2015-22 - Amending Park Board Number of Members, Term Length and Chair Appointment.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance amending Article I, “Parks And Recreation Board” of Chapter 9, “Parks and Recreation” of the Code of Ordinances of the Town of Trophy Club to amend the Introductory Paragraph of Section 1.02 in order to reduce the number of seats on the Board, to amend Subsection 1.02(3) to provide for two (2) year terms for seven (7) members, and to amend Subsection 1.02(5) to provide for Council appointment of the Board Chairperson; and providing an effective date. Town Council Page 337 of 437 Meeting Date: August 25, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-22 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS; AMENDING ARTICLE I ENTITLED “PARKS AND RECREATION BOARD” OF CHAPTER 9 ENTITLED “PARKS AND RECREATION”, SECTION 1.02, “BOARD ESTABLISHED/ NUMBER OF MEMBERS/ TERMS ESTABLISHED/ QUALIFICATIONS”, BY AMENDING THE INTRODUCTORY PARAGRAPH OF SECTION 1.02 TO REDUCE THE NUMBER OF BOARD MEMBERS TO SEVEN, BY AMENDING SUBSECTION 3 OF SECTION 1.02 TO REDUCE THE MEMBERS’ TERMS TO TWO (2) YEARS EACH, AND BY AMENDING SUBSECTION 5 OF SECTION 1.02 TO PROVIDE THAT THE TOWN COUNCIL WILL APPOINT THE CHAIRPERSON FOR THE BOARD; PROVIDING FOR THE INCORPORATION OF PREMISES, PROVIDING FOR AMENDMENTS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) is a home rule municipality empowered to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and WHEREAS, the Town has approximately one thousand acres of parkland available for the use and enjoyment of its residents; and WHEREAS, with the existing parkland, the Town’s Park and Recreation Board plays a vital role in making recommendations regarding recreational amenities and park and recreational opportunities within the Town; and WHEREAS, because parkland and recreational amenities are intended for the benefit and enjoyment of the residents of the Town, it is important to allow those residents to play a key role in shaping the expansion and development of parkland and recreational opportunities; and WHEREAS, the Parks and Recreation Board allows residents to play a more active role and to provide direct citizen input to the Town Staff for the development of parks and recreational facilities for the Town; and WHEREAS, the Town Council has determined it appropriate to reduce the number of members serving on the Park Board in order to facilitate more efficient meetings, and WHEREAS, in order to be consistent with the protocols for other Town Boards and Commissions, the Town Council has also determined it appropriate to establish two (2) year terms and for the Council to appoint the person to serve as Chair for the Board. Town Council Page 338 of 437 Meeting Date: August 25, 2015 NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. AMENDMENTS 2.01 Article I entitled “Parks And Recreation Board” of Chapter 9 entitled “Parks and Recreation” of the Code of Ordinances of the Town of Trophy Club is hereby amended to modify the Introductory Paragraph of Section 1.02, entitled “Board Established / Number of Members/ Terms Established/ Qualifications” to reduce the number of seats on the Board from eleven to seven; Section 1.02, Subsection 3, entitled “Staggered Terms” is amended in order to provide for two (2) year terms, and Section 1.02, Subsection 5, entitled “Officers” is amended to provide for Council appointment of the Board Chairperson, and each of those provisions shall be and read as follows with all other sections and subsections remaining unaltered: Section1.02. BOARD ESTABLISHED/NUMBER OF MEMBERS/TERMS ESTABLISHED/QUALIFICATIONS “The Parks and Recreation Board consisting of seven (7) regular members is hereby established as follows: … 3. “Staggered Terms. Members’ terms shall be for two (2) years each and expiration of those terms shall be staggered. Places on the Board shall be numbered 1 through 7. Places 1 through 3 on the initial Board shall serve for a term of two (2) years, and Places 4 through 7 shall serve an initial term of one (1) year. Upon expiration of that one (1) year term, members appointed to those seats shall serve on a regular two (2) year term interval.” … 5. “Officers. The Council shall annually elect a Chairperson. The Board shall annually elect a Vice-Chairperson and a Secretary.” ORD 2015-22 Page 2 of 4 Town Council Page 339 of 437 Meeting Date: August 25, 2015 SECTION 3. CUMULATIVE REPEALER 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 and where such other Ordinance(s) do not specifically state that fees contained therein take precedence. 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 any such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain 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 this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity or unconstitutionality and that such 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 State law and the Town’s Home Rule Charter. SECTION 6. 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. ORD 2015-22 Page 3 of 4 Town Council Page 340 of 437 Meeting Date: August 25, 2015 PASSED AND APPROVED by the Town of Trophy Club, Texas this the 25th day of August, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] 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 2015-22 Page 4 of 4 Town Council Page 341 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0536-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding the approval or rejection of the Trophy Club Crime Control and Prevention District (CCPD) Budget for Fiscal Year 2015-2016 submitted to the Town Council by the CCPD Board. Attachments:Staff Report - CCPD Budget FY 16.pdf CCPD Five Year Forecast.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the approval or rejection of the Trophy Club Crime Control and Prevention District (CCPD) Budget for Fiscal Year 2015-2016 submitted to the Town Council by the CCPD Board. Town Council Page 342 of 437 Meeting Date: August 25, 2015 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: CCPD Budget Town Council Meeting, August 25, 2015 Agenda Item: Consider and take appropriate action regarding the approval or rejection of the Trophy Club Crime Control and Prevention District (CCPD) Budget for Fiscal Year 2015-2016 submitted to the Town Council by the CCPD Board. Explanation: On July 8, 2015, the CCPD Board met and approved its budget for Fiscal Year 2016. At the August 11th Council meeting a public hearing was held regarding the CCPD budget for Fiscal Year 2015-2016. The budget includes revenue, all from sales tax, in the amount of $186,433. Expenditures for the proposed budget total $182,400 of which $125,000 is for the purchase of equipment and furnishings for a new police station and $57,400 is for the purchase small equipment and uniforms. The estimated beginning fund balance for FY 2016 is $38,491. The net increase in fund balance is estimated at $4,033, leaving an estimated ending fund balance of $42,524 at the end of FY 2016. Rejecting the proposed CCPD budget triggers joint meetings between the CCPD and Council until a budget can be agreed upon between both bodies. Attachments: • CCPD Five Year Forecast Recommendation: Staff recommends approval of the Fiscal Year 2016 CCPD Budget. Town Council Page 343 of 437 Meeting Date: August 25, 2015 FY 15 FY 16 FY 17 FY 18 FY 19 FY 20 Estimate Proposed Planning Planning Planning Planning Beginning Fund Balance 93,746$ 38,491$ 42,524$ 38,368$ 41,856$ 46,709$ Revenue: Sales Tax 166,361 186,433 217,345 222,488 227,753 233,142 Interest Revenue 100 - - - - - Total Revenue 166,461 186,433 217,345 222,488 227,753 233,142 Expenditures: Debt Service - - 150,000 150,000 150,000 150,000 Services/Supplies 54,216 57,400 29,500 38,500 40,900 41,500 Capital 167,500 125,000 42,000 30,500 32,000 32,000 Total Expenditures 221,716 182,400 221,500 219,000 222,900 223,500 Net Increase (Decrease)(55,255) 4,033 (4,155) 3,488 4,853 9,642 Ending Fund Balance 38,491$ 42,524$ 38,368$ 41,856$ 46,709$ 56,351$ Fund Balance as % of Expenditures 17.36%23.31%17.32%19.11%20.95%25.21% Trophy Club CCPD - Five Year Forecast CCPD Five Year Forecast Town Council Page 344 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0551-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Discuss and receive update regarding Fiscal Year 2016 Budget. Attachments:Revised Fiscal Year 2016 Proposed Budget.pdf Revised Changes to Proposed Budget.pdf Harmony Playground.pdf Action ByDate Action ResultVer. Discuss and receive update regarding Fiscal Year 2016 Budget. Town Council Page 345 of 437 Meeting Date: August 25, 2015 Proposed Budget August 25, 2015 Town Council Page 346 of 437 Meeting Date: August 25, 2015 Town of Trophy Club Annual Program of Services Fiscal Year 2015‐2016 This budget will raise more total property taxes than last year’s budget by $845,118, which is a 12.73% increase from last year’s budget. The property tax revenue to be raised from new property added to the tax roll this year is $400,165. 2014‐2015 2015‐2016 LAST YEAR CURRENT YEAR Maintenace & Operations $0.380000/$100 $0.374000/$100 Debt $0.110000/$100 $0.110000/$100 Total Property Tax Rate $0.490000/$100 $0.484000/$100 Effective Tax Rate $0.468137/$100 $0.462128/$100 Effective Maintenance and Operations Rate $0.360315/$100 $0.352128/$100 Rollback Tax Rate $0.499140/$100 $0.496987/$100 Debt Rate $0.110000/$100 $0.110000/$100 Tax Supported Debt Service $1,573,662 $1,727,067 MUNICIPAL TAX RATES NAME:TITLE:YES NO Nick Sanders MAYOR Greg Lamont MAYOR PRO TEM Jim Parrow COUNCIL MEMBER Garrett Reed COUNCIL MEMBER Rhylan Rowe COUNCIL MEMBER Philip Shoffner COUNCIL MEMBER Tim Kurtz COUNCIL MEMBER RECORD VOTE ON ADOPTION OF BUDGET September 22, 2015 TOTAL 1Town Council Page 347 of 437 Meeting Date: August 25, 2015 PREPARED BY: STEPHEN SEIDEL TOWN MANAGER STEVEN GLICKMAN, CPA ASSISTANT TOWN MANAGER/CHIEF FINANCIAL OFFICER AMBER KARKAUSKAS CONTROLLER JOHN ZAGURSKI STRATEGIC SERVICES COORDINATOR 2Town Council Page 348 of 437 Meeting Date: August 25, 2015 ELECTED OFFICIALS Mayor Nick Sanders Mayor Pro Tem Greg Lamont Council Member Jim Parrow Council Member Garrett Reed Council Member Rhylan Rowe Council Member Philip Shoffner Council Member Tim Kurtz APPOINTED OFFICIALS Town Manager Stephen Seidel Town Attorney Patricia Adams Town Secretary Holly Fimbres Municipal Judge Honorable Mark Chambers MANAGEMENT TEAM Assistant Town Manager/Chief Financial Officer Steven Glickman, CPA Emergency Medical Services & Fire Chief Danny Thomas Information Systems Director Mike Pastor Infrastructure & Development Services Manager Pat Cooke Parks & Recreation Director Adam Adams Police Chief Patrick Arata Public Information Officer/Marketing Manager April Reiling 3Town Council Page 349 of 437 Meeting Date: August 25, 2015 January 23-24 Friday & Saturday • Town Council and Management Retreat/Strategic Planning April 10 Friday • Denton Central Appraisal District begins sending out weekly preliminary appraisal totals April 27 Monday • Tarrant Appraisal District submits 1st preliminary appraisal totals April 28 Tuesday • Workshop with Council over FY 16 Tax Rate and revenue diversification May 12 Tuesday • Mid-Year Review presentation to Council May 18 - 29 • Departmental budget meetings May 26 Tuesday • Workshop with Council to discuss FY 16 compensation June 9 Tuesday • Workshop with Council to discuss General Fund revenues July 14 Tuesday • Workshop with Council to discuss General Fund expenditures & supplemental items • Receive CCPD Budget July 24 Friday • Certified Appraisal Roll due from Denton & Tarrant Appraisal Districts July 28 Tuesday • Workshop with Council to discuss all other funds July 31 Friday • Hand deliver hard copy Proposed Budget to Council members • Publish Notice of Public Hearing on CCPD Budget August 3 Monday • Denton County Tax Assessor/Collector provides Effective and Rollback Tax Rates • Workshop with Council on the Proposed Budget • Public Hearing on CCPD Budget • Submit Effective & Rollback Rate calculations to Town Council • Vote to Propose Tax Rate (if over Effective Rate) • Set Public Hearings for August 25th and September 8th (if applicable) • Publish Notice of Public Hearing on the Budget • Publish Notice of Proposed Tax Rate (if applicable) • Publish Notice of Public Hearing on PID Service Assessment August 25 Tuesday • Workshop with Council on the Proposed Budget • First Public Hearing on Tax Rate (if applicable) • CCPD Budget Adoption September 8 Tuesday • Second Public Hearing on Tax Rate (if applicable) • Public Hearing on Budget • Resolution accepting proposed SAP & set Public Hearing date • Joint meeting with the CCPD (If applicable) September 22 Tuesday • Budget adoption • Tax Rate adoption • Approve Tax Roll • Public Hearing on PID Service Assessment • Vote to ratify Property Tax revenue • Adopt PID Assessment Rate October 1 Thursday • Fiscal Year 2015-2016 begins August 14 Friday August 11 Tuesday BUDGET CALENDAR Fiscal Year 2016 4Town Council Page 350 of 437 Meeting Date: August 25, 2015 August 25, 2015 Trophy Club Town Council 100 Municipal Drive Trophy Club, TX 76262 Dear Town Council: In accordance with the Trophy Club Town Charter and the State of Texas Local Government Code, the proposed Fiscal Year 16 Budget for the fiscal year beginning October 1, 2015 and ending September 30, 2016 is presented along with an attached five‐year Capital Improvement Program. In financial terms, the proposed FY 16 Budget presents the plan for accomplishment of municipal objectives during the forthcoming fiscal year. Preparation of this document requires a comparison of the anticipated revenues with adopted programs and priorities that are based on Town Council priorities, service demands or prior project commitments. While the proposed budget does not fund all departmental requests, it meets Town Council goals expressed during the planning process. The proposed budget has been formulated by reflecting the core values of: Providing exceptional governmental services Remaining fiscally sound Effectively allocating resources to meet citizen needs Valuing our employees The FY 16 Budget is a responsible financial plan developed utilizing advanced planning methods and Governmental Accounting Standards Board (GASB) 34 provisions and complying with the adopted Fund Balance Policy (GASB 54). Prudent financial and operational philosophies have guided budget development. Every budget seeks to allocate scarce resources, and there will always be more needs than available funds. The FY 16 Budget highlights include: Personnel New Police Officer Sergeant promotion for an existing Police Officer New Firefighter/Paramedic (50% funded by Trophy Club MUD #1) $135,000 for merit increases & Police salary true‐up Intern/Part‐Time Network Specialist 5Town Council Page 351 of 437 Meeting Date: August 25, 2015 Equipment Replacement & Capital •Bleacher replacement program for Harmony Park •Replacement grandstand lawnmower for Parks •Water slide run and barrier reconfiguration at pool •Spray pad feature replacement at pool •Small pool resurface •Small pool filter replacement •Various IT related purchases and upgrades •Stryker Power Cot for EMS (replaces manual cot) •Replacement Police Vehicle •Toddler Playground at Harmony Park •Shade structure for toddler playground at Harmony Park •Furniture, Fixtures, and Equipment funded by the CCPD for the Police in a proposed new facility Capital Improvement Program •Capital Improvement Projects totaling $8,978,531 including a proposed joint Town Hall/Police Station Facility FFYY 1166 BBUUDDGGEETT DDEEVVEELLOOPPMMEENNTT CCOONNSSIIDDEERRAATTIIOONNSS The proposed budget includes total revenues of $12,421,418 and expenditures of $20,815,382. Expenditures exceed revenues by $8,393,964 due to $8,978,531 of improvements in the Capital Projects Fund and Storm Drainage Fund in which debt was issued in prior periods or is anticipated to be issued in the budget year. Excluding the capital improvements, the overall budget contains a surplus (revenues over expenditures) of $584,567. The fund balance of the General Fund is anticipated to increase $73,844 despite a transfer of $385,000 to fund capital projects. This section discusses, by fund, the major issues addressed in the FY 16 budget. GENERAL FUND Revenues – Each revenue source is carefully evaluated during the budget process to ensure adequate levels of funding. As the Town reaches substantial build out, with accompanying smaller increases in assessed value and sharp decreases in licensing and permitting revenue, it endeavors to diversify its revenue sources to reduce reliance on property taxes. Identified diversification areas include maximization of sales tax revenue along the Highway 114 corridor and accompanying increased franchise fee collections that are included with substantial build‐ out. 6Town Council Page 352 of 437 Meeting Date: August 25, 2015 •Property Tax – The largest revenue source in the General Fund is the ad valorem tax. A tax rate of 0.484/$100 is proposed, a decrease from the previous year’s tax rate of 0.49/$100. Property tax revenue in FY 16 is expected to increase by $581,246 over the FY 15 estimate. Of this amount, $309,218 can be attributed to over $82M in new properties added to the tax roll in FY 16. Strong growth is expected over the next fiscal year, and is a major consideration when projecting future property tax revenues. o Property Tax Rate ‐ The FY 16 Budget is based on a property tax rate of $0.484 per $100 assessed valuation, a $0.006 decrease from FY 15. A Council and staff goal was to propose a tax rate below the FY 15 tax rate. The proposed tax rate includes $0.11 to service debt and $0.374 to fund maintenance and operations. o Property Tax Base ‐ The certified 2015 appraisal rolls show an increase of 13.1% over the 2014 certified values. The majority of the increase, 6.75%, is attributed to new properties added to the tax roll this year, while existing properties increased by 6.41%. The average appraised home value is $352,731. FY 16 projects 100 homes to be built which will continue to increase the total assessed value of Trophy Club, and thus increase total revenues derived from property tax at the proposed tax rate. •Franchise Fees – The second largest revenue source in the General Fund is franchise fees. The fees are projected based on the past and current trends and franchisees’ estimates. Franchise fees are projected to increase 13.40% in FY 16 over the FY 15 estimate, and should continue to increase as the Town approaches build out. On May 12, 2015, the Town Council took action to increase the solid waste franchise fees from 6% to 12% and the gas franchise from 4% to 5%. This was done to diversify the Town’s revenue stream. It also allowed the Council to reduce property taxes by $0.006/$100 and save the average residential taxpayer approximately $7 per year. •Sales Tax – Sales tax receipts are the third largest revenue source in the General Fund. The FY 16 budget projects a 4.50% growth in receipts over the FY 15 estimate. Included in the sales tax are general sales taxes and mixed beverage taxes. Sales tax revenue is wholly dependent on the local economic conditions and can fluctuate. The Town has a potential for major commercial development along the corridor of Highway 114 that could help diversify the Town’s revenue sources in future years. Two destination restaurants, Meat U Anywhere and Breadwinners are anticipated to be operational beginning sometime in FY 2016, with more expected in FY 2017. Additionally, the Economic Development Corporation 4B (EDC 4B) is in the process of purchasing over seven acres of land in the Trophy Wood District to control the future development of the area with hopes of enticing future commercial development to increase sales tax in the future. 7Town Council Page 353 of 437 Meeting Date: August 25, 2015 Licensing and Permits – Licensing and Permits are the fourth largest revenue source for the General Fund. This revenue source grouping contains Building Permits and Miscellaneous Permits. This revenue source is expected to decrease 22.82% from the FY 15 estimate due to the Town approaching substantial build‐out. The heavy reduction in revenue derived from licensing and permits is considered when looking to the future. Increased property valuation from new properties on future tax rolls will make up for the substantial loss of this revenue source along with increased collections of sales taxes and franchise fees. Fines and Fees – Fines and fees represent revenue generated from the municipal court, development related fees, and recreation based fees. This revenue source is expected to decrease 23.69% compared to the FY 15 estimate, due to new developments approaching build‐out which decreases the number of development related fees collected, and further strengthens the Town’s need to diversify its revenue sources. Strategic Management Planning – The Town evaluates all current and future spending and revenue projections in the context of the Town’s Five Year Forecast. The Five Year Forecast provides a responsible estimate of the Town’s future financial position based on past and future trend analysis, expectations, and the regional economy. Municipal Utility District Services Contract – A significant change to previous years is the relationship between the Town and Utility District. The Town is in the process of negotiating a new contract with the MUD. In that contract no exchange of money is proposed, only an exchange of services which are rendered to the other entity. Personnel – As municipal governments are primarily service‐oriented they are extremely reliant on their employees. The Town of Trophy Club is no different, for a department to add positions, a need must first exist. Citizens and Council have come to expect the highest level of service at the lowest possible cost, all while being competitive in the marketplace. The proposed budget exemplifies this exact sentiment. Compensation ‐ The FY 16 Budget includes a point/performance based merit distribution of up to 2% per employee/evaluation on October 1st and April 1st, an annual stipend of $750 per employee, and Police Salary True‐Up with base pay increases of up to 4% increase or adjustment to range minimum on October 1st (would not be eligible for additional 2% on October 1st). The overall effort to bring employees salaries to competitive rates will continue, and the Town’s strategy will be reviewed annually to determine the extent of future endeavors. Health Insurance ‐ The Health insurance program in FY 16 continues with the Texas Municipal League Intergovernmental Employees Benefit Pool (TML IEBP). The Town offers three plans: a PPO, an HRA, and an HSA; rates for the plans increased 3%, 15%, and 3% respectively. TML IEBP is a non‐profit health provider centered on providing full service health protection of political subdivisions of Texas. 8Town Council Page 354 of 437 Meeting Date: August 25, 2015 Personnel Changes – Personnel changes are considered on an as needed basis after a demonstrated need exists. As the Town grows, service level demand also grows. In order to meet increasing service demand the FY 16 budget includes the following personnel changes: New Police Officer Sergeant promotion for an existing Police Officer New Firefighter/Paramedic (50% funded by Trophy Club MUD #1) Intern/Part‐Time Network Specialist Services and Supplies – One area where fiscal responsibility can be applied most effectively are in the services and supplies the Town purchases. The services and supplies budget increased 12.58% from the FY 15 estimate with 2.88% of that increase coming from supplemental items. Any new programs that require the purchase of services or supplies will be carefully examined in the context of any potential revenue they generate and benefit they bring to Town citizens. Equipment Replacement – The Town funds equipment replacement by setting aside an amount each year equal to each department’s equipment depreciation. Expenditures for FY 16 include the following items: Police Replacement Police Patrol Vehicle Parks Replacement grandstand lawnmower Bleacher replacement program for Harmony Park Recreation Slide run and barrier reconfiguration for pool Spray pad feature replacement for pool Small pool resurface Small pool filter replacement Information Technology Various IT related purchases and upgrades Emergency Medical Service Stryker Power Cot for EMS (replaces manual cot) 9Town Council Page 355 of 437 Meeting Date: August 25, 2015 Fund Balance – The Town has a Fund Balance Policy with a goal of 30% of the Town’s annual General Fund expenditures being classified as unassigned fund balance. An unassigned fund balance of less than 15% is a cause for concern unless it is planned or deliberate. The Town’s budgeted fund balance in the General Fund is projected at 43% of expenditures, which is well above the Town’s policy. The Town endeavors to maintain its current strong fund balance levels, but will consider use of fund balance to fund major capital projects and/or acquisitions while maintaining an ending fund balance within the Town’s policy. OTHER FUNDS Capital Improvement Program – The five‐year Capital Improvement Program includes scheduled construction of major capital improvements such as streets, facilities, parks, etc. These improvements are generally funded by debt, but may be funded by existing fund balances or grants when available. In FY 13 the Town issued $3M in Certificates of Obligation (CO) with $1.3M to fund identified streets projects and $1.7M to fund identified drainage improvements. In FY 14 the Town issued $2.5M in Certificates of Obligation to fund the purchase of land for a joint Town Hall and Police Station. Additionally, in FY 14 a $600,000 Tax Note was issued to fund various streets projects and park improvements. When considering capital improvements the Town considers federal and state mandates, the effect on Town citizens, and the effect a project will have on future operating budgets. The following projects are included in the Capital Improvement Program for FY 16: Street and drainage improvements to Pin Oak Court Street improvements to Timberline Court Street and drainage improvements to Pebble Beach Drive Construction of a new joint Town Hall and Police Station Broadway Creek improvements and amenity lake slopes Cypress Court drainage inlets Construction of practice soccer fields at Lakeview Elementary Street and drainage improvements to Trophy Club Dr. (Roundabout to Meadow Creek) Park Monument Signs Debt Service Fund – In FY 14 the Town issued a $2.5M CO for the purchase of land for a joint Town Hall and Police Station. Also in FY 14, a $600,000 Tax Note was issued to fund street and parks projects. Additionally, in FY 14 the Town adopted a debt management policy and had its bond rating upgraded from AA to AA+ by Standard and Poor’s. In FY 2015 the Town refunded the 2007 GO bonds and realized $218,000 in interest savings. The proposed I&S tax rate for FY 16 is $0.11 per $100 of valuation, which is the same I&S tax rate adopted in FY 2015. The budget includes total proposed debt issuances of $9.75M in FY 16 to fund a joint Town Hall and Police Facility and street and drainage improvements. 10Town Council Page 356 of 437 Meeting Date: August 25, 2015 Economic Development Fund 4B – In FY 13 the Town of Trophy Club dissolved the Economic Development Fund 4A. The 0.50% 4A sales tax was reallocated between the Economic Development Fund 4B and a new Crime Control Prevention District. This essentially doubled the revenues for the 4B. Both 4A and 4B combined to service the 2002‐A GO Bonds, which were to be defeased prior to dissolving the 4A. Due to a lack of fund balance in 4B the Town defeased the debt with $660,000 of fund balance from the General Fund. To repay this debt the 4B Fund has an inter‐local agreement with the Town to pay $54,964 every year through FY 28 to the General Fund. However, it is proposed to eliminate or postpone those payments beginning in FY 16 due to the EDC 4B issuing $2.65M in debt to finance the purchase to two parcels of land for the purpose of economic development that is expected to generate sales tax to further diversify the Town’s revenue. Crime Control and Prevention District (CCPD) ‐ The fund receives its revenues from a 0.25% sales tax. This fund is to help the police department with capital replacement costs, supplies, and activities related to crime control and prevention. The FY 16 CCPD budget contains $6,400 for uniforms, $51,000 for small equipment such as Taser’s, duty weapons, protective clothing, rapid response equipment, etc., and $125,000 to purchase furniture, fixtures, and equipment for the new Police building. Starting in FY 17 the CCPD will begin to service $2,000,000 of debt issued for the Town Hall/Police Facility. Street Maintenance Sales Tax Fund ‐ In May 2014, citizens reauthorized a 0.25% Street Maintenance Sales Tax. The sales tax is needed to augment the funding provided in the General Fund for the maintenance of Town streets. State law requires that the tax be reauthorized by the citizens after the initial four years. In order for the tax to not lapse, the Council held a reauthorization election on May 8, 2010 in which voters approved the reauthorization of the sales tax. As of FY 10, the Street Maintenance sales tax receipts and expenditures were reported as a separate fund. The FY 16 budget projects a 4.48% growth in receipts along with $100,000 in street maintenance projects and $24,940 in vehicle maintenance, signs and markings, fuel and small tools. This fund also finances the personnel cost of 70% of a streets employee. Storm Drainage Utility Fund ‐ The Town of Trophy Club charges a fee to Trophy Club property owners to cover the costs of providing the infrastructure and facilities that permit the safe drainage of storm water, the prevention of surface water stagnation, and the prevention of pollution arising from nonpoint runoff. The Town engaged the services of Freese and Nichols, Inc. (FNI) to conduct a master drainage study in order to better assess current infrastructure and future needs. Phase I of this study was completed and identified five major areas of concern related to storm drainage. The Town also engaged FNI to complete a financial analysis to correctly identify revenue options, appropriate expenses, and residential/commercial storm drainage fees necessary to accomplish these storm water improvement projects. Based on those recommendations, the fee for residential home owners increased from $3 to $6 in FY 13, and commercial entities were increased based on an Equivalent Residential Unit (ERU) system. 11Town Council Page 357 of 437 Meeting Date: August 25, 2015 The Town has commenced Phase I implementation and issued $1.7 million in Certificates of Obligation backed by storm water fee revenue to address three areas identified by FNI. Additionally, the Town has retained FNI to initiate Phase II which will include a regional analysis on water drainage and the impact on Trophy Club. The Town is looking to partner with surrounding municipalities, counties, and a developer as well as seeking grant funding. The FY 16 Budget for the Storm Drainage Utility Fund includes funding for 25% of the personnel cost of the Infrastructure and Development Services Manager, mosquito abatement, debt service related to the 2007 GO, 2013 CO, and 2015 GO Refunding, and drainage capital projects totaling $242,627. FFUUTTUURREE CCHHAALLLLEENNGGEESS AANNDD OOPPPPOORRTTUUNNIITTIIEESS With regards to the long and short term, the most significant challenge Trophy Club Faces is heavy reliance on property tax revenue. In FY 2014, 57% of the revenue for the Town was property tax revenue; by FY 2019 it is projected to be up to 67%. The Town endeavors to maintain a mix of revenue where property does not exceed 65% of total revenue generated in the General Fund. The Town is only a few years away from build out, which has already decreased permitting revenue and has pushed the Town into an even deeper reliance on property tax revenue. The administration has focused on a multi‐faceted solution to address the revenue issue. In May 2015, the Council passed a proposal to increase franchise fees associated with solid waste and natural gas while decreasing the property tax rate. On the Economic Development front, the Town staff has been working with Council and the EDC4B board to recruit and develop new opportunities for destination restaurants that will increase the Town’s sales tax revenues. The first steps were taken by creating a Tax Incremental Revenue Zone #1 (TIRZ#1) in the Trophy Wood District in FY 13. Next, the Town entered into a public‐private partnership with Old Town Development, to bring about high‐end, destination eateries within TIRZ#1. The first of these restaurants to sign a lease is Bread Winners/Quarter Bar. The eatery/bar will feature classical architectural touches, a court yard fee, a rooftop space and old‐world charm. The restaurant will not only be a strong addition to the region but a great place for our residents to eat, drink, and mingle. In the coming months the Town will be announcing the other slated restaurants and plans for the area. Additionally, acclaimed BBQ restaurant Meat U Anywhere has purchased land on the corner of Trophy Club Drive and State Highway 114 to begin construction of a new restaurant. This is a regionally and state recognized, award‐winning BBQ destination that will be a great place to eat for Trophy Club residents and will draw in diners from around the metroplex and beyond. Another great opportunity is the growth in the number of hotels established. The Town already has Hampton Inn & Suites and Value Place Extended Stay Hotel, and two more hotels Homewood Suites and the Holiday Inn will be completed in FY 16. All of the hotels are located 12Town Council Page 358 of 437 Meeting Date: August 25, 2015 in the Trophy Wood District and will help create a unique destination for overnight travelers or those just wanting to visit Trophy Club for a sumptuous dining experience. SSUUMMMMAARRYY && CCOONNCCLLUUSSIIOONN The Town of Trophy Club is poised to have a strong and exciting upcoming fiscal year. This year’s budget for FY 16 represents a collective effort by the Town Council and the Town Staff to meet that challenges facing our community. This budget is more than a financial document; it is a policy document that lays the groundwork for a continuation of current services and stabilizes the future financial position in order to carry on the Town’s duties and responsibilities, while meeting the goals and objectives outlined in the Town’s Strategy Map. The Town staff will continue to work to review, evaluate, and innovate to improve service delivery. I appreciate the opportunity to lead an organization that provides our community with exceptional services, strong public safety, and an excellent quality of life. I would like to thank the Town Council for volunteering their time to serve their community and providing leadership to continue to make the Town of Trophy Club “a great place to call home!” Sincerely, Stephen Seidel Town Manager August 25, 2015 13Town Council Page 359 of 437 Meeting Date: August 25, 2015 Town Secretary Citizens of Trophy Club Mayor & Council Town Manager Town Attorney Parks & Recreation Finance & Court Human Resources Information Technology Assistant Town Manager/CFO Police EMS Marketing/PIO Infrastructure & Community Development Economic Development Town Judge Town Organizational Chart 14Town Council Page 360 of 437 Meeting Date: August 25, 2015 Th e Ge n e ra l Fu n d De b t Se r v i c e Fu n d Ca p i t a l Pr o j e c t s Fu n d CC P D Fu n d St r e e t Ma i n t . Fu n d St o r m w a t e r Dr a i n a g e Ut i l i t y Fu n d Tr o p h y Cl u b Pa r k Fu n d Ho t e l Oc c u p a n c y Fu n d Co u r t Te c h n o l o g y Fu n d Co u r t Se c u r i t y Fu n d Gr a n t s Fu n d 25 t h An n i v e r s a r y Fu n d EDC 4B Fund T I R Z #1 Recreation Program Fund Total Be g i n n i n g Fu n d Ba l a n c e 3, 6 8 5 , 1 9 7 $ 10 5 , 3 6 7 $ 1, 2 9 3 , 0 2 7 $ 38 , 4 9 1 $ 52 , 2 2 0 $ 43 6 , 0 2 7 $ (7 0 , 4 5 8 ) $ 45 1 , 9 3 1 $ 21 , 4 3 7 $ 21 , 7 9 3 $ (6 , 3 3 3 ) $ 5, 3 1 2 $ 495,753 $ 8,291 $ 2,812 $ 6,540,867 $ Re v e n u e Pr o p e r t y Ta x 5, 8 0 1 , 5 4 4 1, 7 0 4 , 7 1 8 6,095 7,512,357 Sa l e s Ta x 76 3 , 9 1 8 18 6 , 4 3 3 18 5 , 2 5 3 370,506 1,000 1,507,110 Fr a n c h i s e Fe e s 94 7 , 2 5 7 947,257 Li c e n s e s an d Pe r m i t s 55 8 , 6 0 6 558,606 In t e r g o v e r n m e n t a l ‐ Fi n e s an d Fe e s 42 0 , 3 5 9 41 4 , 7 0 0 16 5 , 0 0 0 4, 0 0 0 3, 0 0 0 8,000 1,015,059 Ch a r g e s fo r Se r v i c e 27 4 , 9 0 9 274,909 Oc c u p a n c y Ta x 35 4 , 5 2 0 354,520 In v e s t m e n t In c o m e 10 , 2 0 0 25 0 10 0 10 0 50 0 450 11,600 Mi s c e l l a n e o u s In c o m e 24 0 , 0 0 0 240,000 To t a l Re v e n u e 9, 0 1 6 , 7 9 3 $ 1, 7 0 4 , 9 6 8 $ 10 0 $ 18 6 , 4 3 3 $ 18 5 , 2 5 3 $ 41 4 , 8 0 0 $ 16 5 , 0 0 0 $ 35 5 , 0 2 0 $ 4, 0 0 0 $ 3, 0 0 0 $ ‐ $ ‐ $ 370,956 $ 7,095 $ 8,000 $ 12,421,418 $ Ex p e n d i t u r e s Ge n e r a l Go v e r n m e n t 97 , 5 0 0 362,477 459,977 Ma n a g e r ' s Of f i c e 83 9 , 5 7 4 839,574 Hu m a n Re s o u r c e s 12 2 , 0 6 9 122,069 In f o r m a t i o n Se r v i c e s 53 1 , 2 6 2 531,262 Le g a l 19 6 , 9 7 2 196,972 Po l i c e 2, 3 5 2 , 8 7 1 18 2 , 4 0 0 2,535,271 Em e r g e n c y Me d i c a l Se r v i c e s 91 6 , 0 5 9 916,059 St r e e t s & Dr a i n a g e 42 0 , 1 2 0 16 0 , 4 1 2 14 0 , 6 1 5 721,147 Pa r k s 1, 4 0 7 , 1 9 3 15 3 , 0 0 6 1,560,199 Re c r e a t i o n 65 8 , 6 4 7 8,000 666,647 Co m m u n i t y Ev e n t s 31 , 8 8 1 15 5 , 8 2 5 187,706 Co m m u n i t y De v e l o p m e n t 58 2 , 7 2 6 582,726 Fi n a n c e 41 0 , 4 1 9 410,419 Mu n i c i p a l Co u r t 87 , 0 7 7 5, 2 0 0 92,277 Fa c i l i t y Ma n a g e m e n t 11 2 , 0 7 9 112,079 De b t Se r v i c e 1, 7 2 7 , 0 6 7 17 5 , 4 0 0 1,902,467 Ca p i t a l ‐ Pr o j e c t s 8, 7 3 5 , 9 0 4 24 2 , 6 2 7 8,978,531 To t a l Ex p e n d i t u r e s 8 , 6 6 8 , 9 4 9 $ 1, 7 2 7 , 0 6 7 $ 8, 8 3 3 , 4 0 4 $ 18 2 , 4 0 0 $ 16 0 , 4 1 2 $ 55 8 , 6 4 2 $ 15 3 , 0 0 6 $ 15 5 , 8 2 5 $ 5, 2 0 0 $ ‐ $ ‐ $ ‐ $ 362,477 $ ‐$ 8,000 $ 20,815,382 $ Ot h e r So u r c e s (U s e s ) : De b t Is s u a n c e 9, 7 5 0 , 0 0 0 9,750,000 Tr a n s f e r s In 11 1 , 0 0 0 87 , 2 0 6 38 5 , 0 0 0 583,206 Tr a n s f e r s Ou t (3 8 5 , 0 0 0 ) (2 5 , 0 0 0 ) (6 2 , 2 0 6 ) (8 , 0 0 0 ) (1 0 0 , 0 0 0 ) (3 , 0 0 0 ) (583,206) To t a l Ot h e r So u r c e s (U s e s ) ( 2 7 4 , 0 0 0 ) $ 87 , 2 0 6 $ 10 , 1 3 5 , 0 0 0 $ ‐ $ (2 5 , 0 0 0 ) $ (6 2 , 2 0 6 ) $ (8 , 0 0 0 ) $ (1 0 0 , 0 0 0 ) $ ‐ $ (3 , 0 0 0 ) $ ‐ $ ‐ $ ‐$ ‐$ 9,750,000 $ Ne t In c r e a s e (D e c r e a s e ) 73 , 8 4 4 $ 65 , 1 0 7 $ 1, 3 0 1 , 6 9 6 $ 4, 0 3 3 $ (1 5 9 ) $ (2 0 6 , 0 4 8 ) $ 3, 9 9 4 $ 99 , 1 9 5 $ (1 , 2 0 0 ) $ ‐ $ ‐ $ ‐ $ 8,479 $ 7,095 $ ‐$ 1,356,036 $ En d i n g Fu n d ba l a n c e 3, 7 5 9 , 0 4 1 $ 17 0 , 4 7 4 $ 2 ,5 9 4 , 7 2 3 $ 42 , 5 2 4 $ 52 , 0 6 1 $ 22 9 , 9 7 9 $ (6 6 , 4 6 4 ) $ 55 1 , 1 2 6 $ 20 , 2 3 7 $ 21 , 7 9 3 $ (6 , 3 3 3 ) $ 5, 3 1 2 $ 504,231 $ 15,386 $ 2,812 $ 7,896,903 $ Al l Fu n d s Su m m a r y ‐ Fi s c a l Ye a r 20 1 6 To w n C o u n c i l Pa g e 3 6 1 o f 4 3 7 Meeting Date: August 25, 2015 Department Item Amount Description Parks 36' Grandstand Mower 7,600$ Scheduled replacement due to age/condition. Parks Harmony Park Bleachers 15,000$ Replacement plan to convert wooden bleachers at Harmony Park to metal bleachers. Police Ford Patrol Vehicle (Fully Equipped)45,800$ Replaces 2008 Ford Expedition. Recreation Slide Run and Barrier Relocation 15,000$ Reconfigure existing slide run at pool, replace plumbing as needed, so that it runs onto the splash pad rather than onto a hard surface. Recreation Spray Pad Feature Refurbishing 25,000$ Refurbishes worn spray pad features. Recreation Small Pool Resurface 21,000$ Resurfaces and renovates small pool. Recreation Small Pool Filter 19,000$ Replaces small pool filter and equipment. IS Server Replacement 8,500$ Scheduled IT replacement. IS Computer Replacement 14,613$ Scheduled IT replacement. IS Printer and Copier Replacement 9,100$ Scheduled IT replacement. IS Infrastructure Replacement.15,000$ Scheduled IT replacement. IS Software Replacement 2,250$ Scheduled IT replacement. EMS Stryker Powercot 18,000$ Replaces manual cot. Supplemental Parks Toddler Playground - Harmony Park 50,000$ Replaces NEOS system with small toddler playground Harmony Park. Parks Shade Structure for Toddler Playground - Harmony Park 22,000$ Adds a shade structure to supplemental small toddler playground at Harmony Park. General Fund Total 287,863$ Department Item Amount Description Police Furniture Fixtures & Equipment 125,000$ For new Police facility. CCPD Total 125,000$ Fiscal Year 2016 Capital and Equipment Replacement General Fund Crime Control and Prevention District (CCPD) 16Town Council Page 362 of 437 Meeting Date: August 25, 2015 Department Item Amount Description Parks NEOS Relocation 4,000$ Move NEOS System from Harmony Park to Independence Park West. Parks Hardscapes 7,500$ Convert non-irrigated medians to hardscapes. Parks Playground - Harmony Park 50,000$ Replaces NEOS system with small toddler playground at Harmony Park. Parks Shade Structure - Harmony Park 22,000$ Adds shade structure to supplemental small toddler playground at Harmony Park. Police New Police Officer & Sergeant Promotion Equipment 8,200$ Equipment for new patrol officer. IS Cloud Backup and Recovery 35,000$ Cloud backup and recovery solution. IS Intern/Part-Time Network Specialist 25,498$ Provide network and desktop support to Town Employees. EMS Firefighter/Paramedic 22,504$ Adds one firefighter/paramedic to a shift to make five scheduled per shift. Police New Police Officer & Sergeant Promotion Personnel Cost 82,248$ Adds one patrol officer and promotes one officer to Sergeant. 256,950$ Note: Supplemental items represent new or upgraded programs or equipment to the Town. Total Supplemental (General Fund) One-Time Expenditures Ongoing Expenditures Fiscal Year 2016 Supplemental Items General Fund 17Town Council Page 363 of 437 Meeting Date: August 25, 2015 Full Time Equivalent (FTE) Summary 2011-12 ACTUAL 2012-13 ACTUAL 2013-14 ACTUAL 2014-15 ESTIMATE 2015-16 CHANGES 2015-16 PROPOSED GENERAL FUND Administrative Services Manager's Office 4.80 4.00 6.00 5.00 - 5.00 Human Resources 1.00 1.00 1.00 1.00 - 1.00 Information Services 2.00 2.00 2.00 2.00 0.50 2.50 Legal 1.00 1.00 1.00 1.00 - 1.00 Public Safety Services Police 16.50 20.80 23.60 24.60 0.55 25.15 Emergency Medical Services 6.60 6.80 7.80 7.80 0.50 8.30 Streets 4.00 3.80 3.80 2.30 0.50 2.80 Parks 11.50 9.50 10.30 10.50 2.50 13.00 Medians -3.00 3.00 3.00 -3.00 - Recreation* 2.10 2.10 2.10 2.10 -2.10 Planning and Zoning 1.00 1.00 2.00 - - - Community Development 3.50 5.00 5.00 5.75 - 5.75 Financial Services Finance 3.00 3.00 3.40 3.00 - 3.00 Municipal Court 1.00 1.00 1.00 1.00 - 1.00 Facilities Management N/A N/A N/A N/A N/A N/A TOTAL GENERAL FUND 58.0 63.0 72.00 69.05 1.55 70.60 TROPHY CLUB PARK FUND 2.70 1.40 1.50 1.50 - 1.50 STREET MAINTENANCE SALES TAX FUND 0.60 0.70 0.70 .70 - 0.70 STORM DRAINAGE UTILITY FUND 0.30 0.50 0.50 0.50 -0.25 0.25 TOTAL FULL TIME EQUIVALENTS (FTEs) 61.60 66.60 74.70 71.75 1.3 73.05 *Does not Include Seasonal FTEs for FY 15 •Proposed Part-Time Intern for IT •Proposed Police Offer and decreased the number of crossing guards by 0.45 FTEs •Proposed Firefighter/Paramedic split with the Trophy Club MUD #1 •Streets Supervisor is now 100% funded by the General Fund (Previously Split with Storm Drainage) •Medians was consolidated with Parks, and a full-time position was made into a part-time position •The Infrastructure & Development Coordinator is now split 75%/25% between the General Fund and the Storm Drainage Utility Fund 18Town Council Page 364 of 437 Meeting Date: August 25, 2015 FY 15 FY 16 FY 17 FY 18 FY 19 FY 20 Estimate Proposed Planning Planning Planning Planning Beginning Fund Balance 3,045,021$ 3,685,197$ 3,759,041$ 3,356,073$ 3,612,348$ 3,686,272$ Revenue: Property Tax 5,220,298 5,801,544 6,132,903 6,306,686 6,402,741 6,517,666 Franchise Fees 835,341 947,257 951,693 952,372 967,668 983,430 Sales Tax 731,044 763,918 893,180 916,502 940,594 965,496 Licenses and Permits 723,794 558,606 281,326 247,560 199,482 189,520 Fines and Fees 550,857 420,359 426,793 433,626 439,458 446,589 Charges for Service 309,150 274,909 279,096 283,996 289,011 294,144 Interest Revenue 5,500 10,200 18,700 22,000 25,000 28,000 Grant Revenue 77,018 - - - - - Miscellaneous 83,655 240,000 85,050 86,823 88,618 90,438 Total Revenue 8,662,791 9,016,793 9,068,741 9,249,565 9,352,572 9,515,283 Expenditures: Personnel 5,923,406 6,243,461 6,498,189 6,742,422 6,977,090 7,234,119 Services/Supplies 1,898,698 2,137,625 2,142,396 2,193,218 2,137,145 2,189,052 Capital 211,511 287,863 442,125 168,650 275,413 187,337 Total Expenditures 8,033,615 8,668,949 9,082,710 9,104,289 9,389,648 9,610,508 Other Sources (Uses): Transfers In 11,000 111,000 111,000 111,000 111,000 111,000 Transfers Out - (385,000) (500,000) - - - Total Other Sources (Uses)11,000 (274,000) (389,000) 111,000 111,000 111,000 Net Increase (Decrease)640,176 73,844 (402,969) 256,276 73,924 15,775 Ending Fund Balance 3,685,197$ 3,759,041$ 3,356,073$ 3,612,348$ 3,686,272$ 3,702,047$ Fund Balance as % of Expenditures 45.87%43.36%36.95%39.68%39.26%38.52% Town of Trophy Club - Five-Year Forecast - General Fund General Fund Five-Year Forecast 19Town Council Page 365 of 437 Meeting Date: August 25, 2015 Revenues FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Property Tax 3,852,874$ 4,149,900$ 4,547,901$ 5,166,466$ 5,220,298$ 5,801,544$ 6,132,903$ 6,306,686$ Licenses and Permits 1,112,979 947,870 893,733 710,631 723,794 558,606 281,326 247,560 Franchise fees 693,722 718,952 772,621 812,506 835,341 947,257 951,693 952,372 Sales Tax 606,714 609,889 662,723 676,324 731,044 763,918 893,180 916,502 Fines and Fees 688,797 644,609 551,899 466,101 550,857 420,359 426,793 433,626 Intergovernmental 265,686 184,689 386,879 192,901 126,134 ‐ ‐ ‐ Charges for Service 210,831 235,594 236,719 260,852 309,150 274,909 279,096 283,996 Investment Income 5,632 4,919 2,942 6,000 5,500 10,200 18,700 22,000 Grant Revenue ‐ 75,599 58,892 77,018 77,018 ‐ ‐ ‐ Prior Year Adjustment (217,750) (96,870) ‐ ‐ ‐ ‐ ‐ ‐ Miscellaneous Income 87,000 203,766 109,621 118,550 83,655 240,000 85,050 86,823 Total Revenues 7,306,485$ 7,678,919$ 8,223,930$ 8,487,349$ 8,662,791$ 9,016,793$ 9,068,741$ 9,249,565$ ‐$ (96,870)$ ‐$ (0)$ Expenditures FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Manager's Office 636,758$ 707,166$ 829,603$ 899,938$ 1,052,177$ 839,574$ 862,996$ 903,658$ Human Resources 94,839 102,771 74,282 92,495 95,940 122,069 125,474 129,618 Information Services 330,204 342,319 333,769 423,312 478,244 531,262 571,241 550,284 Legal 154,236 171,157 196,520 193,389 177,963 196,972 203,401 210,230 Police 1,638,863 2,068,309 2,065,029 2,110,098 2,005,029 2,352,871 2,371,290 2,489,830 Emergency Medical Services 695,139 768,367 808,788 1,016,722 845,096 916,059 1,154,578 965,188 Streets 417,998 766,411 403,868 411,677 421,966 420,120 472,753 491,260 Medians ‐ ‐ 294,342 299,310 300,369 ‐ ‐ ‐ Parks 1,141,216 947,734 1,020,004 1,043,416 985,603 1,407,193 1,351,073 1,387,129 Recreation 470,551 496,388 503,373 550,039 542,083 658,647 659,909 626,738 Community Events 47,889 47,374 38,805 60,201 24,932 31,881 32,688 33,614 Planning & Zoning 233,134 257,138 260,939 ‐ ‐ ‐ ‐ ‐ Community Development 248,339 319,168 326,821 572,921 556,846 582,726 649,029 667,225 Finance 528,143 372,816 392,220 387,097 351,707 410,419 423,075 439,407 Municipal Court 78,929 68,731 79,573 85,936 83,111 87,077 89,984 93,050 Facilities Maintenance 65,341 75,344 81,550 111,042 112,550 112,079 115,220 117,059 Total Expenditures 6,781,579$ 7,511,193$ 7,709,485$ 8,257,594$ 8,033,615$ 8,668,949$ 9,082,710$ 9,104,289$ (0)$ 0$ 0$ (0)$ Other Sources (Uses)FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Transfers In 64,019$ 12,300$ 11,000$ 11,000$ 11,000$ 111,000$ 111,000$ $ 111,000 Transfers Out (100,615) (780,734) (10,818) (385,000) ‐ (385,000) (500,000) ‐ Total Other Sources (Uses)(36,596)$ (768,434)$ 182$ (374,000)$ 11,000$ (274,000)$ (389,000)$ 111,000$ Fund Balance FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Beginning fund balance 2,642,792$ 3,131,102$ 2,530,394$ 2,960,660$ 3,045,021$ 3,685,197$ 3,759,041$ 3,356,073$ Net increase (Decrease)488,310 (600,708) 514,627 (144,245) 640,176 73,844 (402,969) 256,276 Ending Fund Balance 3,131,102$ 2,530,394$ 3,045,021$ 2,816,415$ 3,685,197$ 3,759,041$ 3,356,073$ 3,612,348$ 0$ (96,870)$ 0$ 0$ Fund Balance Detail FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Reserve Fund balance (30% of Total Expenditures) $ 2,034,474 $ 2,253,358 $ 2,312,846 $ 2,477,278 $ 2,410,085 $ 2,600,685 $ 2,724,813 2,731,287$ Assigned Fund Balance 228,138 228,138 228,138 228,138 228,138 ‐ ‐ ‐ Committed Fund Balance ‐ ‐ ‐ ‐ 200,000 166,000 144,000 122,000 Unassigned Fund Balance in Excess (Deficit) of 30% 868,491 48,898 504,038 110,999 846,974 992,357 487,260 759,061 Total Fund balance 3,131,102$ 2,530,394$ 3,045,021$ 2,816,415$ 3,685,197$ 3,759,041$ 3,356,073$ 3,612,348$ Equipment Replacement FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Contribution 435,939$ 231,209$ 194,034$ 233,243$ 259,555$ 259,555$ 259,555$ 259,555$ Capital Purchases (314,285) (285,172) (105,772) (275,803) (114,330) (215,863) (442,125) (168,650) Increase (Decrease)121,654 (53,963) 88,263 (42,560) 145,225 43,692 (182,570) 90,905 Beginning Reserve Balance 34,265 155,919 101,956 190,219 147,659 292,884 336,576 154,006 **Ending Reserve Balance 155,919$ 101,956$ 190,219$ 147,659$ 292,884$ 336,576$ 154,006$ 244,911$ The General Fund 20Town Council Page 366 of 437 Meeting Date: August 25, 2015 The Managers Office ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. vs. Pro) Personnel $ 495,718 $ 562,769 $ 682,554 $ 757,082 $ 928,877 $ 685,189 ‐9% Services & Supplies 141,040 144,397 147,049 142,856 123,300 154,385 8% TOTAL $ 636,758 $ 707,166 $ 829,603 $ 899,938 $1,052,177 $ 839,574 ‐7% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ POSITION TITLE FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED TOWN MANAGER 1.00 1.00 1.00 ASST TOWN MANAGER 1.00 1.00 1.00 TOWN SECRETARY 1.00 1.00 1.00 EXECUTIVE SECRETARY 1.00 1.00 1.00 ECONOMIC DEVELOPMENT COORDINATOR 1.00 0.00 0.00 PIO/MARKETING MANAGER 1.00 1.00 1.00 TOTAL FTEs 6.00 5.00 5.00 PERSONNEL SCHEDULE 10% 1% 6% 2% 27% 11% 5% 16% 8% 0% 7% 5% 1%1% 0% 5% 10% 15% 20% 25% 30% Percent of General Fund Expenditures 21Town Council Page 367 of 437 Meeting Date: August 25, 2015 Managers Office FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Personnel Salaries $ 382,616 $ 416,592 $ 489,071 $ 523,682 $ 688,406 $ 501,738 $ 519,299 $ 537,474 Longevity 1,288 1,728 1,583 1,863 1,883 1,283 1,643 2,003 Stipend ‐ 10,000 7,200 4,500 4,000 3,750 3,750 3,750 Retirement 53,290 64,353 93,378 115,002 128,400 76,938 80,785 84,824 Medical Insurance 18,770 19,864 34,842 51,838 45,350 50,969 53,517 56,193 Dental Insurance 1,501 1,709 2,828 3,828 3,250 3,381 3,550 3,728 Vision Insurance 383 422 654 819 685 624 655 688 Life Insurance & Other 1,172 3,886 2,840 3,445 3,115 3,227 3,388 3,558 Social Security Taxes 21,813 23,950 27,690 29,400 32,200 27,174 28,125 29,109 Medicare Taxes 5,578 6,250 7,207 7,686 9,904 7,348 7,605 7,871 Unemployment Taxes 1,086 58 1,247 1,242 2,020 1,035 1,071 1,109 Workman's Compensation 796 1,192 1,377 1,327 1,459 1,272 1,317 1,363 Physical/Testing 62 125 105 ‐ 115 ‐ ‐ ‐ Auto Allowance 7,207 12,161 12,039 12,000 7,640 6,000 6,000 6,000 Employee Relations 157 482 493 450 450 450 450 450 Total Personnel $ 495,718 $ 562,769 $ 682,554 $ 757,082 $ 928,877 $ 685,189 $ 711,156 $ 738,120 Services/Supplies Professional Outside Services $ 9,475 $ 7,500 $ 8,911 $ 2,000 $ ‐ $ 2,000 $ 2,000 $ 2,500 Records Management 1,316 1,451 1,628 1,584 1,988 2,042 2,097 2,154 Newsletter/Year‐In‐Review 10,000 4,720 6,634 10,000 10,000 10,600 11,000 11,500 Elections 5,509 25,627 16,351 24,000 12,000 22,000 8,000 8,000 Meals on Wheels 3,000 2,000 2,000 ‐ ‐ ‐ ‐ ‐ Advertising 1,661 1,516 2,302 3,000 1,500 3,900 3,900 3,900 Printing 290 94 144 2,000 1,500 2,980 2,980 3,050 Schools & Training 4,752 1,433 3,665 3,775 3,920 4,255 4,505 4,305 Service Charges & Fees 723 ‐ ‐ ‐ ‐ ‐ ‐ ‐ Telephone 750 1,205 200 500 ‐ ‐ ‐ ‐ Communications/Pagers/Mobiles 2,094 2,541 4,326 4,980 3,800 4,060 4,060 4,060 Independent Labor 1,783 1,625 1,652 1,700 1,700 1,800 1,800 2,000 Dues & Membership 15,322 12,386 15,096 19,294 17,199 20,775 21,102 21,465 Travel & Per Diem 7,162 3,696 6,450 7,678 4,915 7,938 7,810 7,885 Meetings 7,880 6,591 3,949 9,608 8,080 9,688 9,814 10,824 Office Supplies 4,935 3,041 2,672 3,000 2,500 3,500 3,500 3,500 Postage 1,368 2,043 1,727 2,187 1,500 2,300 2,425 2,550 Publications/Books/Subscriptions 281 283 199 48 48 48 48 48 Mayor/Council Expense 44,759 34,298 23,419 20,402 13,100 23,399 24,274 24,889 Furniture/Equipment <$5,000 3,764 60 1,943 ‐ 500 1,000 1,000 1,000 Maintenance Supplies 82 51 ‐ 100 ‐ ‐ ‐ ‐ Contingency Expense 14,136 24,669 42,495 25,000 25,000 25,000 25,000 35,000 Miscellaneous Expense ‐ 7,567 1,287 2,000 1,000 7,100 7,100 7,200 Incentive Program ‐ ‐ ‐ ‐ ‐ ‐ 9,425 9,708 Total Services/Supplies $ 141,040 $ 144,397 $ 147,049 $ 142,856 $ 123,300 $ 154,385 $ 151,840 165,538$ Total Expenditures $ 636,758 $ 707,166 $ 829,603 $ 899,938 $ 1,052,177 $ 839,574 $ 862,996 $ 903,658 22Town Council Page 368 of 437 Meeting Date: August 25, 2015 Legal ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. vs. Pro) Personnel $140,092 $147,427 $155,337 $162,446 $162,018 $ 165,480 2% Services & Supplies 14,143 23,731 41,183 30,943 15,945 31,492 2% TOTAL $154,236 $171,157 $196,520 $193,389 $177,963 $ 196,972 2% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ POSITION TITLE FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED TOWN ATTORNEY 1.00 1.00 1.00 TOTAL FTEs 1.00 1.00 1.00 PERSONNEL SCHEDULE 10% 1% 6% 2% 27% 11% 5% 16% 8% 0% 7% 5% 1%1% 0% 5% 10% 15% 20% 25% 30% Percent of General Fund Expenditures 23Town Council Page 369 of 437 Meeting Date: August 25, 2015 LEGAL FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Personnel Salaries 110,636$ 112,759$ 115,964$ 116,233$ 118,419$ 122,200$ 126,477$ 130,904$ Longevity ‐ 878 968 1,058 1,060 1,148 1,238 1,328 Stipend ‐ 2,500 1,800 750 750 750 750 750 Retirement 15,370 16,265 20,860 28,203 25,100 24,820 26,061 27,364 Medical Insurance 4,432 4,463 5,334 5,570 5,730 5,781 6,070 6,374 Dental Insurance 344 363 364 387 440 414 435 456 Vision Insurance 82 81 81 81 88 81 85 89 Life Insurance & Other 366 1,238 692 696 710 716 752 789 Social Security Taxes 6,772 6,960 7,129 7,254 7,600 7,254 7,508 7,771 Medicare Taxes 1,601 1,677 1,722 1,712 1,810 1,799 1,862 1,927 Unemployment Taxes 261 9 207 207 50 207 214 222 Workman's Compensation 229 234 216 295 261 310 321 332 Total Personnel 140,092$ 147,427$ 155,337$ 162,446$ 162,018$ 165,480$ 171,773$ 178,306$ Services/Supplies Professional Outside Services 4,421$ 13,225$ 33,024$ 20,000$ 5,200$ 20,000$ 20,000$ 20,000$ Schools & Training 175 250 270 450 450 450 475 475 Telephone 90 258 7 76 ‐ ‐ ‐ ‐ Communications/Pagers/Mobiles 641 564 614 624 624 696 696 696 Dues & Membership 380 390 315 475 500 495 515 535 Travel & Per Diem 1,192 1,269 559 1,500 1,000 1,550 1,600 1,650 Office Supplies 5 132 147 130 100 130 130 130 Postage 5 ‐ ‐ 10 50 50 50 50 Publications/Books/Subscriptions 7,235 7,643 6,247 7,628 8,021 8,021 8,062 8,288 Miscellaneous Expense ‐ ‐ ‐ 50 ‐ 100 100 100 Total Services/Supplies 14,143$ 23,731$ 41,183$ 30,943$ 15,945$ 31,492$ 31,628$ 31,924$ Total Expenditures 154,236$ 171,157$ 196,520$ 193,389$ 177,963$ 196,972$ 203,401$ 210,230$ 24Town Council Page 370 of 437 Meeting Date: August 25, 2015 Police ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. vs. Pro) Personnel $ 1,369,687 $ 1,595,503 $ 1,785,362 $ 1,868,734 $ 1,743,557 $ 2,022,142 8% Services & Supplies 196,455 376,205 230,562 241,364 261,472 284,929 18% Capital 72,721 96,601 49,105 ‐ ‐ 45,800 N/A TOTAL $ 1,638,863 $ 2,068,309 $ 2,065,029 $ 2,110,098 $ 2,005,029 $ 2,352,871 12% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ POSITION TITLE FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED POLICE CHIEF 1.00 1.00 1.00 POLICE LIEUTENANT 1.00 1.00 1.00 CID SERGEANT 0.00 1.00 1.00 POLICE SERGEANT 3.00 3.00 4.00 ANIMAL CONTROL OFFICER 1.00 1.00 1.00 DETECTIVE/JUVENILE INVESTIGATOR 1.00 1.00 1.00 SRO 2.00 2.00 2.00 POLICE OFFICER 11.00 10.00 10.00 POLICE ADMINISTRATIVE ASSISTANT 1.00 1.00 1.00 SEASONAL SCHOOL CROSSING GUARDS 3.60 3.60 3.15 TOTAL FTEs 24.60 24.60 25.15 PERSONNEL SCHEDULE 10% 1% 6% 2% 27% 11% 5% 16% 8% 0% 7% 5% 1%1% 0% 5% 10% 15% 20% 25% 30% Percent of General Fund Expenditures 25Town Council Page 371 of 437 Meeting Date: August 25, 2015 Police FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Personnel Salaries 949,327$ 1,137,839$ 1,208,716$ 1,249,755$ 1,189,046$ 1,386,202$ 1,434,719$ 1,484,934$ Overtime 59,287 44,773 56,032 46,324 65,086 61,420 63,570 65,795 Longevity 8,578 10,140 11,828 12,728 12,073 11,170 11,530 11,890 Stipend ‐ 20,000 24,900 15,750 16,600 15,750 3,750 3,750 Certification 6,575 1,025 14,049 12,000 11,600 10,200 10,200 10,200 Holiday Pay 17,007 ‐ 24,890 25,080 20,000 30,327 31,388 32,487 Retirement 133,034 157,574 183,548 217,589 169,593 186,621 195,952 205,750 Medical Insurance 80,859 87,756 109,937 127,636 109,716 143,875 151,069 158,622 Dental Insurance 7,072 8,298 9,150 10,321 8,679 10,478 11,002 11,552 Vision Insurance 1,709 1,963 2,165 2,271 1,901 2,352 2,470 2,593 Life Insurance & Other 5,405 14,931 9,769 10,882 8,980 12,336 12,953 13,600 Social Security Taxes 61,328 71,609 79,741 83,445 75,697 92,390 95,624 98,970 Medicare Taxes 14,347 16,748 18,649 19,752 17,502 21,969 22,738 23,534 Unemployment Taxes 6,061 678 5,594 5,085 3,870 5,001 5,176 5,357 Workman's Compensation 17,272 19,382 23,699 27,116 30,514 28,851 29,861 30,906 Pre‐Employment Physicals/Testing 660 2,639 714 1,200 1,100 2,000 1,500 1,500 Clothing Allowance 1,168 150 1,979 1,800 1,600 1,200 ‐ ‐ Total Personnel 1,369,687$ 1,595,503$ 1,785,362$ 1,868,734$ 1,743,557$ 2,022,142$ 2,083,501$ 2,161,441$ Services & Supplies Professional Outside Services ‐$ ‐$ ‐$ ‐$ 9,500$ 14,500$ 2,500$ 2,750$ Advertising ‐ ‐ 148 ‐ ‐ 7,000 5,000 5,000 Printing 583 606 339 800 800 700 600 600 Schools & Training 4,181 4,918 6,693 5,500 6,000 9,900 8,800 9,650 Electricity 12,907 18,317 15,953 18,500 15,000 15,500 16,000 16,500 Water 873 802 1,203 1,500 1,100 1,650 1,700 1,750 Telephone 975 1,520 221 1,000 ‐ ‐ ‐ ‐ Communications/Pagers/Mobiles 7,045 8,292 9,654 12,864 13,124 13,189 13,189 13,189 Building Maintenance 10,264 148,093 6,457 12,500 18,850 12,500 12,500 12,500 Vehicle Maintenance 19,041 21,022 30,551 21,730 19,000 20,000 20,000 21,200 Equipment Maintenance 4,120 4,373 3,813 4,250 4,500 3,450 3,450 4,550 Cleaning Services 560 ‐ ‐ ‐ 400 ‐ ‐ ‐ Qualifying Expenses 3,168 3,867 981 5,400 5,400 11,400 7,100 7,100 Emergency Management 1,000 2,000 ‐ 2,000 1,500 2,000 2,000 2,000 Dispatch ‐ Denton County 45,553 51,141 51,141 34,600 34,600 33,000 42,000 42,000 Independent Labor 4,150 2,550 4,710 6,000 6,000 7,000 7,500 8,500 Dues & Membership 1,724 2,003 1,702 2,250 1,250 1,500 1,500 1,650 Travel & Per Diem 3,725 3,053 5,024 5,000 5,400 8,500 7,000 7,500 Meetings 282 75 153 375 240 500 500 500 Office Supplies 1,564 2,638 2,087 2,500 2,500 2,350 2,350 2,450 Postage 351 383 1,099 900 500 550 550 550 Publications/Books/Subscription 1,396 ‐ 1,296 350 500 1,600 600 1,600 Fuel 40,647 55,886 48,207 58,995 34,000 42,240 45,000 50,000 Uniforms 4,777 12,281 14,319 14,500 20,000 17,500 15,300 15,800 Protective Clothing 3,319 8,334 2,268 3,950 7,600 900 ‐ ‐ Investigative Materials 1,780 4,073 6,041 6,500 6,808 6,000 6,000 6,000 Golf Cart Stickers ‐ 425 ‐ ‐ ‐ 750 ‐ 500 Animal Control 7,288 4,399 4,772 6,250 6,250 6,250 6,250 6,750 Small Equipment 10,696 9,583 4,382 6,150 8,150 9,200 3,600 3,600 Furniture/Equipment <$5,000 225 1,691 479 2,000 2,500 2,000 2,000 2,000 Maintenance Supplies 2,283 2,370 2,832 2,000 2,500 2,600 2,600 1,000 Miscellaneous Expense 1,460 736 750 1,500 2,000 1,500 1,500 1,500 Programs & Special Projects 521 773 3,286 1,500 25,500 29,200 16,200 16,200 Total Services/Supplies 196,455$ 376,205$ 230,562$ 241,364$ 261,472$ 284,929$ 253,289$ 264,889$ Capital Capital Outlay 72,721$ 96,601$ 49,105$ ‐$ ‐$ 45,800$ 34,500$ 63,500$ Total Capital 72,721$ 96,601$ 49,105$ ‐$ ‐$ 45,800$ 34,500$ 63,500$ Total Expenditures 1,638,863$ 2,068,309$ 2,065,029$ 2,110,098$ 2,005,029$ 2,352,871$ 2,371,290$ 2,489,830$ 26Town Council Page 372 of 437 Meeting Date: August 25, 2015 Emergency Medical Services ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. vs. Pro) Personnel $ 588,560 $658,407 $711,887 $ 764,304 $749,373 $ 793,590 4% Services & Supplies 64,700 63,919 64,208 73,058 77,723 104,469 43% Capital 41,879 46,041 32,693 179,360 18,000 18,000 ‐90% TOTAL $ 695,139 $768,367 $808,788 $1,016,722 $845,096 $ 916,059 ‐10% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ POSITION TITLE FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED DRIVER/ENGINEER 1.50 1.50 1.50 FIRE CHIEF 0.50 0.50 0.50 FIREFIGHTER‐EMT‐P4.00 4.00 4.50 FIRE CAPTAIN 1.50 1.50 1.50 PART TIME FF 0.30 0.30 0.30 TOTAL FTEs 7.80 7.80 8.30 PERSONNEL SCHEDULE 10% 1% 6% 2% 27% 11% 5% 16% 8% 0% 7% 5% 1%1% 0% 5% 10% 15% 20% 25% 30% Percent of General Fund Expenditures 27Town Council Page 373 of 437 Meeting Date: August 25, 2015 EMS FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Personnel Salaries 395,406$ 443,107$ 455,011$ 471,029$ 476,000$ 500,453$ 517,969$ 536,098$ Overtime 36,777 40,233 40,075 45,258 44,000 48,735 50,441 52,206 Longevity 3,271 4,099 4,655 5,501 5,300 5,761 6,511 7,261 Stipend ‐ 8,575 9,150 11,250 10,200 11,250 12,000 12,000 Certification 1,350 360 5,119 4,800 5,060 4,200 4,200 4,200 Holiday Pay 8,829 ‐ 13,290 14,749 14,500 15,873 16,429 17,004 Retirement 59,260 67,164 75,410 91,367 74,950 76,167 79,975 83,974 Medical Insurance 36,711 41,410 54,500 59,167 60,900 65,597 68,877 72,321 Dental Insurance 3,209 3,775 4,154 4,387 4,388 4,871 5,115 5,370 Vision Insurance 723 783 824 807 782 859 902 947 Life Insurance & Others 2,085 5,835 3,861 4,030 3,881 4,585 4,814 5,055 Social Security Taxes 25,613 28,357 30,189 33,563 33,146 35,675 36,924 38,216 Medicare Taxes 5,990 6,632 7,062 8,013 7,581 8,507 8,805 9,113 Unemployment Taxes 2,046 206 1,648 1,620 ‐ 1,699 1,758 1,820 Workman's Compensation 7,222 7,421 6,768 8,763 8,425 9,358 9,686 10,025 Pre‐Employment Physicals/Testing 67 451 171 ‐ 260 ‐ ‐ ‐ Total Personnel 588,560$ 658,407$ 711,887$ 764,304$ 749,373$ 793,590$ 824,404$ 855,609$ Services/Supplies Collection Fees 18,071$ 10,514$ 14,989$ 14,006$ 17,500$ 18,000$ 18,000$ 18,000$ Hazmat Disposal 2,576 499 3,194 500 1,150 1,131 1,131 1,131 Radios ‐ ‐ ‐ 500 335 1,000 1,000 1,000 Schools & Training 1,989 1,732 1,150 1,575 1,100 3,830 2,830 2,830 Electricity ‐ 4,021 6,960 6,700 7,200 7,400 7,600 7,800 Water ‐ 984 1,353 1,750 1,500 1,900 1,950 2,000 Telephone 157 226 7 120 ‐ ‐ ‐ ‐ Communications/Pagers/Mobiles 4,870 3,555 2,658 2,616 2,200 2,790 2,790 2,790 Building Maintenance ‐ 110 326 200 700 700 700 700 Vehicle Maintenance 3,437 4,859 5,424 4,500 4,500 9,200 6,500 9,200 Equipment Maintenance 1,623 1,541 799 4,700 4,000 5,700 5,700 5,700 Emergency Management ‐ ‐ ‐ ‐ 2,180 2,500 2,500 2,500 Dispatch ‐ Denton County ‐ 1,315 1,295 2,216 2,216 2,379 2,379 2,379 Dues & Membership 474 800 1,727 1,332 1,432 884 884 884 Flags & Repairs 4,687 2,462 1,767 2,000 2,000 2,000 2,000 2,000 Travel & Per Diem 1,801 1,748 636 1,600 800 2,325 2,325 2,325 Meetings 75 22 28 100 100 100 100 100 Safety Programs ‐ ‐ ‐ 500 500 1,170 920 920 Inspection Fees ‐ ‐ ‐ ‐ ‐ 870 ‐ 870 Office Supplies 101 103 180 150 150 225 225 225 Postage 53 44 12 70 70 100 100 100 Publications/Books/Subscriptions ‐ ‐ ‐ 200 200 300 300 300 Fuel 5,756 6,034 5,714 6,423 6,250 8,060 8,250 8,500 Uniforms 3,177 2,566 2,698 2,500 2,500 3,140 2,515 2,000 Medical Control 3,024 6,924 3,024 7,000 7,000 12,750 12,750 12,750 Pharmacy 3,512 2,382 2,579 2,750 2,750 3,710 3,710 3,710 Oxygen 674 1,241 1,078 900 900 1,050 1,050 1,050 Disposable Supplies 7,739 6,747 5,949 5,400 5,400 6,140 6,140 6,140 Small Equipment 875 2,906 ‐ 2,200 2,540 4,740 3,450 2,500 Maintenance Supplies ‐ ‐ ‐ 150 150 150 150 150 Miscellaneous Expense 31 584 663 400 400 225 225 225 Total Services/Supplies 64,700$ 63,919$ 64,208$ 73,058$ 77,723$ 104,469$ 98,174$ 100,779$ Capital Capital Outlay 41,879$ 46,041$ 32,693$ 179,360$ 18,000$ 18,000$ 232,000$ 8,800$ Total Capital 41,879$ 46,041$ 32,693$ 179,360$ 18,000$ 18,000$ 232,000$ 8,800$ Total Expenditures 695,139$ 768,367$ 808,788$ 1,016,722$ 845,096$ 916,059$ 1,154,578$ 965,188$ 28Town Council Page 374 of 437 Meeting Date: August 25, 2015 Streets ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. vs. Pro) Personnel $268,817 $401,150 $234,485 $222,195 $191,936 $ 220,656 ‐1% Services & Supplies 149,181 365,261 169,383 189,482 174,849 199,464 5% Capital ‐ ‐ ‐ ‐ 55,181 ‐ N/A TOTAL $417,998 $766,411 $403,868 $411,677 $421,966 $ 420,120 2% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Projected Year‐‐‐‐‐ POSITION TITLE FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED DIRECTOR OF STREETS SERVICES 1.00 0.00 0.00 PROJECT MANAGER 0.00 1.00 1.00 STREETS SUPERVISOR 0.50 0.00 0.50 STREETS MAINTENANCE WORKER 1 1.30 1.30 1.30 TOTAL FTEs 2.80 2.30 2.80 PERSONNEL SCHEDULE 10% 1% 6% 2% 27% 11% 5% 16% 8% 0% 7% 5% 1%1% 0% 5% 10% 15% 20% 25% 30% Percent of General Fund Expenditures 29Town Council Page 375 of 437 Meeting Date: August 25, 2015 Streets FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Personnel Salaries 188,402$ 270,120$ 156,796$ 148,225$ 131,100$ 150,174$ 178,034$ 184,266$ Overtime 599 1,773 1,111 3,000 2,598 3,000 3,000 3,000 Longevity 1,752 3,834 1,894 1,961 1,962 1,773 2,133 2,493 Stipend ‐ 8,530 4,086 2,085 2,015 1,725 2,475 2,475 Retirement 26,846 39,794 23,872 26,229 19,600 20,367 24,558 25,786 Medical Insurance 23,692 37,729 21,498 19,860 18,360 23,530 30,207 31,717 Dental Insurance 1,962 3,124 1,580 1,541 1,335 1,660 2,093 2,198 Vision Insurance 497 710 330 298 281 329 420 441 Life Insurance & Other 1,046 4,239 1,318 1,288 1,118 1,536 1,590 1,645 Social Security Taxes 10,981 15,859 9,339 9,498 7,760 9,607 11,400 11,799 Medicare Taxes 2,563 3,709 2,184 2,251 1,870 2,272 2,692 2,786 Unemployment Taxes 1,059 70 848 573 ‐ 580 683 706 Workman's Compensation 9,418 11,560 9,453 5,386 3,927 4,103 4,482 4,638 Pre‐Employment Physicals/Testing ‐ 100 176 ‐ 10 ‐ ‐ ‐ Total Personnel 268,817$ 401,150$ 234,485$ 222,195$ 191,936$ 220,656$ 263,767$ 273,951$ Services/Supplies Professional Services‐PID Utility ‐$ ‐$ 5,522$ 5,000$ 4,000$ 5,000$ 5,000$ 5,000$ Advertising ‐ 475 200 ‐ ‐ ‐ ‐ ‐ Schools & Training 398 693 ‐ 600 1,570 1,175 1,945 1,175 Electricity 127,292 173,475 155,159 173,237 160,000 181,899 190,994 200,544 Water 5,017 42,239 ‐ ‐ ‐ ‐ ‐ ‐ Telephone 76 115 15 125 ‐ ‐ ‐ ‐ Communications/Pagers/Mobiles 2,671 3,980 2,427 2,580 2,100 2,100 2,100 2,100 Property Maintenance 1,295 113,845 ‐ ‐ ‐ ‐ ‐ ‐ Building Maintenance ‐ 2,030 ‐ ‐ ‐ ‐ ‐ ‐ Vehicle Maintenance 626 4,371 126 ‐ ‐ ‐ ‐ ‐ Equipment Maintenance 1,312 4,156 2,159 3,000 2,000 3,000 3,000 3,000 Storage Rental ‐ 2,242 ‐ ‐ ‐ ‐ ‐ ‐ Dues & Membership 155 174 179 428 210 428 428 428 Travel & Per Diem 798 567 ‐ 812 1,269 812 1,269 812 Meetings ‐ 37 75 150 150 150 150 150 Safety Program ‐ 41 ‐ ‐ ‐ ‐ ‐ ‐ Office Supplies 192 291 356 200 200 200 200 200 Postage 3 30 3 100 100 100 100 100 Fuel 5,436 9,678 ‐ ‐ ‐ ‐ ‐ ‐ Uniforms 1,900 2,086 1,645 1,750 1,750 3,100 2,300 2,300 Small Tools 2,011 4,565 1,517 1,500 1,500 1,500 1,500 1,500 Safety Equipment ‐ 170 ‐ ‐ ‐ ‐ ‐ ‐ Total S ervices/Supplies 149,181$ 365,261$ 169,383$ 189,482$ 174,849$ 199,464$ 208,986$ 217,309$ Capital Capital Outlay ‐$ ‐$ ‐$ ‐$ 55,181$ ‐$ ‐$ ‐$ Total Capital ‐$ ‐$ ‐$ ‐$ 55,181$ ‐$ ‐$ ‐$ Total Expenditures 417,998$ 766,411$ 403,868$ 411,677$ 421,966$ 420,120$ 472,753$ 491,260$ 30Town Council Page 376 of 437 Meeting Date: August 25, 2015 Parks ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. vs. Pro) Personnel $ 653,640 $ 549,713 $ 601,121 $ 657,422 $ 616,626 $ 789,725 20% Services & Supplies 480,576 299,313 382,801 321,164 304,147 522,868 63% Capital 7,000 98,708 36,083 64,830 64,830 94,600 46% TOTAL $ 1,141,216 $ 947,734 $1,020,004 $1,043,416 $ 985,603 $1,407,193 35% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ POSITION TITLE FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED P & R DIRECTOR 0.50 0.50 0.50 PARKS SUPERINTENDENT 1.00 1.00 1.00 PARKS SUPERVISOR 2.00 1.00 1.00 ATHLETIC CREW LEADER 1.00 1.00 1.00 PARK IRRIGATOR 1.00 1.00 2.00 LANDSCAPE MAINTENANCE WORKER 3.00 3.00 5.00 ATHLETIC FIELD TECHNICIAN 1.00 1.00 0.00 SPRAY TECHNICIAN CREW LEADER 0.00 1.00 1.00 APPLICATOR SPRAY TECHNICIAN 1.00 1.00 1.00 PART‐TIME MAINTENANCE 0.00 0.00 0.50 TOTAL FTEs 10.50 10.50 13.00 PERSONNEL SCHEDULE *The Medians Department is combined with the Parks Department in FY 16. 10% 1% 6% 2% 27% 11% 5% 16% 8% 0% 7% 5% 1%1% 0% 5% 10% 15% 20% 25% 30% Percent of General Fund Expenditures 31Town Council Page 377 of 437 Meeting Date: August 25, 2015 *The Medians Department is combined with the Parks Department in FY 16. Parks FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Personnel Salaries 439,757$ 368,787$ 392,610$ 428,803$ 409,369$ 526,542$ 544,971$ 564,045$ Overtime 20,119 12,838 18,271 12,500 14,600 15,000 15,000 15,000 Longevity 3,345 2,267 2,880 3,461 3,490 4,466 4,826 5,186 Stipend ‐ 8,750 10,800 7,125 7,375 7,875 7,875 7,875 Certification 1,250 205 1,510 1,500 1,835 3,600 3,600 3,600 Retirement 66,301 55,305 62,411 76,589 61,600 70,553 74,081 77,785 Medical Insurance 64,901 51,148 57,647 68,640 65,650 91,330 95,897 100,691 Dental Insurance 5,007 3,919 4,102 4,861 4,495 6,015 6,316 6,632 Vision Insurance 1,166 887 939 1,050 1,043 1,269 1,332 1,399 Life Insurance & Other 2,982 5,494 3,436 3,762 3,552 5,262 5,525 5,801 Social Security Taxes 27,918 23,050 25,158 27,668 25,650 34,076 35,269 36,503 Medicare Taxes 6,529 5,391 5,884 6,574 6,020 8,084 8,367 8,660 Unemployment Taxes 3,908 243 2,755 2,174 142 2,691 2,785 2,883 Workman's Compensation 9,009 8,771 10,126 10,300 11,680 12,647 13,090 13,548 Pre‐Employment Physicals/Testing 435 503 547 315 125 315 ‐ ‐ Auto Allowance 1,012 2,156 2,044 2,100 ‐ ‐ ‐ ‐ Total Personnel 653,640$ 549,713$ 601,121$ 657,422$ 616,626$ 789,725$ 818,933$ 849,607$ Services/Supplies Professional Outside Services 1,015$ ‐$ 1,220$ ‐$ ‐$ ‐$ ‐$ ‐$ Advertising 2,274 175 1,025 1,000 2,200 825 825 825 Printing ‐ 85 ‐ ‐ ‐ ‐ ‐ ‐ Schools & Training 912 2,731 1,918 4,596 4,072 4,845 4,097 4,370 Electricity 34,195 33,354 33,437 41,695 29,444 38,639 39,639 40,139 Water 145,812 79,152 82,743 73,315 71,500 121,000 121,050 123,500 Telephone 394 393 23 435 ‐ ‐ ‐ ‐ Communications/Pagers/Mobiles 6,131 6,648 6,765 7,220 8,300 8,926 8,926 8,926 Property Maintenance 211,702 89,737 156,335 113,100 106,500 185,000 176,900 180,300 Building Maintenance 3,787 3,155 2,090 2,500 3,500 3,500 3,500 2,500 Vehicle Maintenance 7,692 13,108 9,315 8,241 10,288 10,288 10,288 10,288 Equipment Maintenance 12,053 13,776 10,403 11,032 11,000 11,000 11,000 11,000 Independent Labor ‐ ‐ ‐ ‐ ‐ 53,600 53,600 53,600 Equipment Rental/Lease ‐ 121 8 ‐ ‐ ‐ ‐ ‐ Storage Rental 2,222 6,866 14,097 14,008 14,008 11,408 11,408 11,408 Portable Toilets 1,646 2,693 1,999 4,243 1,900 3,556 4,588 4,727 Dues & Membership 318 250 511 1,189 1,030 1,430 1,430 1,430 Travel & Per Diem 1,704 1,028 4,487 2,155 2,180 2,692 210 710 Meetings 787 388 778 900 900 750 750 750 Safety Program 900 18 165 464 750 600 600 600 Tree City ‐ ‐ ‐ ‐ ‐ 10,000 10,000 10,000 Office Supplies 379 444 983 372 500 383 402 422 Postage 15 19 65 52 25 25 25 25 Publications/Books/Subscriptions 151 254 405 515 500 500 500 500 Fuel 23,713 23,946 24,714 17,013 17,000 25,149 26,250 27,000 Uniforms 8,705 9,416 8,622 6,750 6,750 9,432 9,432 9,432 Small Tools 12,719 9,464 13,811 7,000 7,000 16,450 13,850 13,850 Safety Equipment 965 947 1,844 2,039 3,500 2,070 2,070 2,070 Small Equipment ‐ 558 1,802 ‐ ‐ ‐ ‐ ‐ Furniture/Equipment <$5,000 285 505 1,368 1,030 1,000 500 500 500 Hardware ‐ 84 ‐ ‐ ‐ ‐ ‐ ‐ Miscellaneous Expense 100 ‐ 1,869 300 300 300 300 300 Total Services/Supplies 480,576$ 299,313$ 382,801$ 321,164$ 304,147$ 522,868$ 512,140$ 519,172$ Capital Capital Outlay 7,000$ 98,708$ 36,083$ 64,830$ 64,830$ 94,600$ 20,000$ 18,350$ Total Capital 7,000$ 98,708$ 36,083$ 64,830$ 64,830$ 94,600$ 20,000$ 18,350$ Total Expenditures 1,141,216$ 947,734$ 1,020,004$ 1,043,416$ 985,603$ 1,407,193$ 1,351,073$ 1,387,129$ 32Town Council Page 378 of 437 Meeting Date: August 25, 2015 Medians ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. vs. Pro) Personnel $ ‐ $ ‐ $145,412 $151,083 $ 153,719 $ ‐ N/A Services & Supplies ‐ ‐ 148,930 148,227 146,650 ‐ N/A TOTAL $ ‐ $ ‐ $294,342 $299,310 $ 300,369 $ ‐ N/A ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ POSITION TITLE FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED PARK IRRIGATOR 1.00 1.00 0.00 LANDSCAPE MAINTENANCE WORKER 2.00 2.00 0.00 TOTAL FTEs 3.00 3.00 0.00 PERSONNEL SCHEDULE *The Medians Department is combined with the Parks Department in FY 16 MEDIANS FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Personnel Salaries ‐$ ‐$ 94,632$ 98,876$ 100,639$ ‐$ ‐$ ‐$ Overtime ‐ ‐ 3,022 2,000 5,000 ‐ ‐ ‐ Longevity ‐ ‐ 1,063 285 200 ‐ ‐ ‐ Stipend ‐ ‐ 3,600 2,250 2,000 ‐ ‐ ‐ Retirement ‐ ‐ 14,882 17,469 15,150 ‐ ‐ ‐ Medical Insurance ‐ ‐ 15,656 16,709 16,430 ‐ ‐ ‐ Dental Insurance ‐ ‐ 1,168 1,442 1,300 ‐ ‐ ‐ Vision Insurance ‐ ‐ 260 300 277 ‐ ‐ ‐ Life Insurance & Other ‐ ‐ 868 985 969 ‐ ‐ ‐ Social Security Taxes ‐ ‐ 6,109 6,272 6,760 ‐ ‐ ‐ Medicare Taxes ‐ ‐ 1,429 1,499 1,604 ‐ ‐ ‐ Unemployment Taxes ‐ ‐ 830 621 107 ‐ ‐ ‐ Workman's Compensation ‐ ‐ 1,824 2,375 3,283 ‐ ‐ ‐ Pre‐Employment Physicals/Testing ‐ ‐ 70 ‐ ‐ ‐ ‐ ‐ Total Personnel ‐$ ‐$ 145,412$ 151,083$ 153,719$ ‐$ ‐$ ‐$ Services/Supplies Electricity ‐$ ‐$ 9,263$ 1,030$ 3,250$ ‐$ ‐$ ‐$ Water ‐ ‐ 31,257 32,273 40,000 ‐ ‐ ‐ Communications/Pagers/Mobiles ‐ ‐ 1,317 1,200 1,100 ‐ ‐ ‐ Property Maintence ‐ ‐ 98,319 84,000 84,000 ‐ ‐ ‐ Building Maintenance ‐ ‐ 197 ‐ ‐ ‐ ‐ ‐ Vehicle Maintenance ‐ ‐ 1,883 2,048 ‐ ‐ ‐ ‐ Equipment Maintenance ‐ ‐ 250 3,167 ‐ ‐ ‐ ‐ Meetings ‐ ‐ ‐ 103 ‐ ‐ ‐ ‐ Safety Program ‐ ‐ 296 155 ‐ ‐ ‐ ‐ Tree City ‐ ‐ ‐ 10,000 7,500 ‐ ‐ ‐ Fuel ‐ ‐ 2,432 5,447 5,400 ‐ ‐ ‐ Uniforms ‐ ‐ 927 2,444 2,400 ‐ ‐ ‐ Small Tools ‐ ‐ 2,790 6,360 3,000 ‐ ‐ ‐ Total Services/Supplies ‐$ ‐$ 148,930$ 148,227$ 146,650$ ‐$ ‐$ ‐$ Total Expenditures ‐$ ‐$ 294,342$ 299,310$ 300,369$ ‐$ ‐$ ‐$ 33Town Council Page 379 of 437 Meeting Date: August 25, 2015 Recreation ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. vs. Pro) Personnel $324,286 $346,991 $357,015 $393,165 $382,166 $ 417,042 6% Services & Supplies 146,266 149,397 146,358 156,874 159,917 161,605 3% Capital ‐ ‐ ‐ ‐ ‐ 80,000 N/A TOTAL $470,551 $496,388 $503,373 $550,039 $542,083 $ 658,647 20% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ POSITION TITLE FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED P & R DIRECTOR 0.50 0.50 0.50 RECREATION SUPERINTENDENT 0.60 0.60 0.60 RECREATION SUPERVISOR 1.00 1.00 1.00 CAMP DIRECTOR 0.27 0.27 0.27 ASSISTANT CAMP DIRECTOR 0.21 0.21 0.21 CAMP COUNSELOR 1.69 1.69 1.69 ASSISTANT POOL MANAGER 0.28 0.28 0.28 HEAD LIFEGUARDS 0.74 0.74 0.74 LIFEGUARDS 3.84 3.84 3.84 CASHIER 0.93 0.93 0.93 SWIM TEAM 0.69 0.69 0.69 TOTAL FTEs 10.76 10.76 10.76 PERSONNEL SCHEDULE 10% 1% 6% 2% 27% 11% 5% 16% 8% 0% 7% 5% 1%1% 0% 5% 10% 15% 20% 25% 30% Percent of General Fund Expenditures 34Town Council Page 380 of 437 Meeting Date: August 25, 2015 RECREATION FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Personnel Salaries 258,705$ 275,485$ 279,981$ 309,673$ 307,500$ 335,983$ 347,742$ 359,913$ Overtime 1,616 1,011 2,647 3,800 3,800 3,800 3,800 3,800 Longevity 383 524 760 892 901 1,135 1,315 1,495 Stipend ‐ 3,650 3,300 1,575 1,575 1,575 1,575 1,575 Retirement 15,716 18,524 19,957 23,140 19,540 18,912 19,858 20,850 Medical Insurance 10,114 11,348 12,489 13,341 13,150 14,032 14,734 15,470 Dental Insurance 711 835 840 891 997 1,055 1,108 1,163 Vision Insurance 184 199 199 199 208 199 209 219 Life Insurance & Other 769 1,945 1,133 1,141 1,151 1,270 1,334 1,400 Social Security Taxes 17,673 17,274 17,589 19,491 19,150 21,137 22,194 23,304 Medicare Taxes 4,133 4,040 4,113 4,581 4,500 4,966 5,140 5,320 Unemployment Taxes 4,986 165 3,743 2,198 605 2,203 2,280 2,360 Workman's Compensation 5,720 6,836 5,210 7,438 6,589 8,070 8,352 8,645 Pre‐Employment Physicals/Testing 2,564 3,000 3,012 2,705 2,500 2,705 2,800 2,898 Auto Allowance 1,012 2,156 2,044 2,100 ‐ ‐ ‐ ‐ Total Personnel 324,286$ 346,991$ 357,015$ 393,165$ 382,166$ 417,042$ 432,440$ 448,412$ Services/Supplies Software & Support 8,500$ 3,500$ 3,648$ 4,805$ 4,009$ 4,009$ 1,109$ 1,109$ Collection Fees 3,531 158 ‐ ‐ ‐ ‐ ‐ ‐ Health Inspections ‐ ‐ ‐ 261 261 269 277 285 Advertising 2,970 862 2,957 2,716 1,895 1,976 1,996 2,017 Printing 2,592 4,749 ‐ 5,813 7,500 8,500 8,500 8,900 Schools & Training 1,257 1,227 1,038 5,733 3,055 3,075 3,265 1,975 Service Charges & Fees ‐ 4,440 8,407 5,700 15,300 15,300 15,300 15,300 Electricity 7,929 18,958 18,573 19,500 17,500 19,000 19,000 19,000 Water 18,377 9,519 8,036 13,138 11,000 14,000 14,300 14,600 Telephone 1,672 1,681 1,728 1,295 1,907 1,916 1,920 1,923 Communications/Pagers/Mobiles 2,562 2,847 2,887 3,000 3,000 4,196 4,196 4,196 Insurance ‐ ‐ ‐ 501 ‐ ‐ ‐ ‐ Property maintenance 13,656 7,338 17,072 6,221 11,433 6,407 6,599 6,796 Equipment Maintenance 1,182 250 86 ‐ ‐ ‐ ‐ ‐ Library Services ‐ 15,000 15,000 ‐ ‐ ‐ ‐ ‐ Independent Labor 408 ‐ ‐ 2,824 ‐ ‐ ‐ ‐ Equipment rental/Lease 4,885 5,454 6,386 5,901 7,400 7,622 7,851 8,087 Building rental/Lease (2,896) ‐ ‐ ‐ ‐ ‐ ‐ ‐ Dues & Membership 6,787 5,807 6,510 7,367 7,932 8,024 8,219 8,420 Travel & Per Diem 5,262 3,197 3,944 5,910 4,573 5,495 5,456 5,526 Meetings 505 1,083 366 1,191 669 669 674 679 Field Trips 4,974 4,066 5,452 5,665 5,665 5,835 6,010 6,190 Office Supplies 1,417 824 2,126 1,988 1,895 1,625 1,632 1,639 Postage 113 483 ‐ 777 1,324 1,363 1,404 1,446 Publications/Books/Subscriptions ‐ 208 200 478 478 300 300 300 Fuel ‐ 10 438 ‐ ‐ ‐ ‐ ‐ Uniforms 9,281 5,809 9,676 8,110 7,950 8,386 8,623 8,866 Chemicals 20,286 18,811 12,622 19,156 12,622 13,000 13,000 13,000 Concessions 8,167 9,885 7,103 10,400 7,103 8,000 8,000 8,000 Program Supplies 3,800 4,573 2,644 3,578 6,408 6,624 4,455 4,475 Special Events 1,322 1,310 1,047 1,914 2,313 1,971 2,030 2,091 Community Events 2,502 ‐ ‐ ‐ ‐ ‐ ‐ ‐ Safety Equipment 1,271 1,629 1,364 1,190 1,160 1,225 1,262 1,300 Small Equipment 5,893 2,770 1,146 2,500 5,391 3,540 2,750 2,800 Furniture/Equipment <$5,000 2,990 9,900 3,340 5,509 5,700 5,212 5,216 5,219 Hardware 3,463 ‐ 870 1,500 2,233 1,800 1,800 1,800 Maintenance Supplies 677 1,042 1,498 1,909 1,940 1,966 2,025 2,086 Miscellaneous Expenses 928 2,010 194 324 300 300 300 300 Total Services/Supplies 146,266$ 149,397$ 146,358$ 156,874$ 159,917$ 161,605$ 157,469$ 158,325$ Capital Capital Outlay ‐$ ‐$ ‐$ ‐$ ‐$ 80,000$ 70,000$ 20,000$ Total Capital ‐$ ‐$ ‐$ ‐$ ‐$ 80,000$ 70,000$ 20,000$ Total Expenditures 470,551$ 496,388$ 503,373$ 550,039$ 542,083$ 658,647$ 659,909$ 626,738$ 35Town Council Page 381 of 437 Meeting Date: August 25, 2015 Community Events ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. vs. Pro) Services & Supplies $ 47,889 $ 47,374 $ 38,805 $ 60,201 $ 24,932 $ 31,881 ‐47% TOTAL $ 47,889 $ 47,374 $ 38,805 $ 60,201 $ 24,932 $ 31,881 ‐47% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ 10% 1% 6% 2% 27% 11% 5% 16% 8% 0% 7% 5% 1%1% 0% 5% 10% 15% 20% 25% 30% Percent of General Fund Expenditures Community Events FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Services/Supplies Advertising 3,030$ 300$ 512$ 1,288$ 300$ 530$ 546$ 563$ Printing 783 1,288 364 3,914 2,759 1,650 1,650 1,750 Schools & Training ‐ ‐ 230 ‐ 205 205 205 225 Event Rentals 33,073 33,466 26,399 37,690 9,101 15,799 16,268 16,772 Dues & Membership ‐ ‐ 200 124 205 205 205 215 Travel & Per Diem ‐ ‐ 428 567 567 583 601 619 Uniforms 756 ‐ ‐ 606 800 800 850 850 Program Supplies 9,502 12,535 10,572 13,231 9,295 11,366 11,598 11,832 Miscellaneous Expense 746 (214) 100 2,781 1,700 743 765 788 Total Services/Supplies 47,889$ 47,374$ 38,805$ 60,201$ 24,932$ 31,881$ 32,688$ 33,614$ Total Expenditures 47,889$ 47,374$ 38,805$ 60,201$ 24,932$ 31,881$ 32,688$ 33,614$ 36Town Council Page 382 of 437 Meeting Date: August 25, 2015 Planning & Zoning ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. vs. Pro) Personnel $ 99,378 $ 104,932 $ 125,871 $ ‐ $ ‐ $ ‐ N/A Services & Supplies 133,756 152,206 135,068 ‐ ‐ ‐ N/A TOTAL $ 233,134 $ 257,138 $ 260,939 $ ‐ $ ‐ $ ‐ N/A ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ *The Planning & Zoning Department was combined with the Community Development Department in FY 15 Planning & Zoning FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Personnel Salaries 76,872$ 78,257$ 94,418$ ‐$ ‐$ ‐$ ‐$ ‐$ Longevity 280 510 600 ‐ ‐ ‐ ‐ ‐ Stipend ‐ 2,500 1,800 ‐ ‐ ‐ ‐ ‐ Retirement 10,719 11,380 14,113 ‐ ‐ ‐ ‐ ‐ Medical Insurance 4,432 4,463 5,886 ‐ ‐ ‐ ‐ ‐ Dental Insurance 344 363 394 ‐ ‐ ‐ ‐ ‐ Vision Insurance 82 81 88 ‐ ‐ ‐ ‐ ‐ Life Insurance & Other 366 1,034 580 ‐ ‐ ‐ ‐ ‐ Social Security Taxes 4,752 5,001 5,944 ‐ ‐ ‐ ‐ ‐ Medicare Taxes 1,111 1,170 1,390 ‐ ‐ ‐ ‐ ‐ Unemployment Taxes 261 9 414 ‐ ‐ ‐ ‐ ‐ Workman's Compensation 159 165 244 ‐ ‐ ‐ ‐ ‐ Total Personnel 99,378$ 104,932$ 125,871$ ‐$ ‐$ ‐$ ‐$ ‐$ Services/Supplies Professional Outside services ‐$ 27,459$ 30,875$ ‐$ ‐$ ‐$ ‐$ ‐$ Engineering 115,243 116,150 96,647 ‐ ‐ ‐ ‐ ‐ Advertising 3,628 357 1,275 ‐ ‐ ‐ ‐ ‐ Printing 453 228 45 ‐ ‐ ‐ ‐ ‐ Computer Mapping 1,829 5,196 465 ‐ ‐ ‐ ‐ ‐ Schools & Training 455 55 430 ‐ ‐ ‐ ‐ ‐ Telephone 510 628 111 ‐ ‐ ‐ ‐ ‐ Communications/Pagers/Mobiles 616 615 717 ‐ ‐ ‐ ‐ ‐ Dues & Membership 334 (425) 525 ‐ ‐ ‐ ‐ ‐ Travel & Per Diem 525 28 ‐ ‐ ‐ ‐ ‐ ‐ Meetings 85 40 153 ‐ ‐ ‐ ‐ ‐ Plat Filing Fees 1,657 790 951 ‐ ‐ ‐ ‐ ‐ Office Supplies 259 402 2,557 ‐ ‐ ‐ ‐ ‐ Postage 61 565 51 ‐ ‐ ‐ ‐ ‐ Publications/Books/Subscriptions ‐ 119 57 ‐ ‐ ‐ ‐ ‐ Miscellaneous Expense 31 ‐ 211 ‐ ‐ ‐ ‐ ‐ Planning 8,070 ‐ ‐ ‐ ‐ ‐ ‐ ‐ Total Services/Supplies 133,756$ 152,206$ 135,068$ ‐$ ‐$ ‐$ ‐$ ‐$ Total Expenditures 233,134$ 257,138$ 260,939$ ‐$ ‐$ ‐$ ‐$ ‐$ 37Town Council Page 383 of 437 Meeting Date: August 25, 2015 Community Development ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. vs. Pro) Personnel $185,085 $287,778 $302,809 $429,897 $397,029 $ 451,227 5% Services & Supplies 45,890 31,390 24,013 143,024 117,817 131,499 ‐8% Capital 17,364 ‐ ‐ ‐ 42,000 ‐ N/A TOTAL $248,339 $319,168 $326,821 $572,921 $556,846 $ 582,726 2% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ POSITION TITLE FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED INFRASTRUCTURE & DEVELOPMENT SERVICES MANAGER 0.00 0.75 0.75 TOWN PLANNER 1.00 1.00 1.00 BUILDING SERVICES MANAGER 1.00 0.00 0.00 CUSTOMER SVC/CODE ENFORCEMENT 1.00 1.00 1.00 BUILDING INSPECTOR 1.00 1.00 1.00 PERMIT OFFICIAL 1.00 1.00 1.00 ADMINISTRATIVE ASSISTANT CD 1.00 1.00 1.00 TOTAL FTEs 6.00 5.75 5.75 PERSONNEL SCHEDULE *The Planning & Zoning Department was combined with the Community Development Department in FY 15. 10% 1% 6% 2% 27% 11% 5% 16% 8% 0% 7% 5% 1%1% 0% 5% 10% 15% 20% 25% 30% Percent of General Fund Expenditures 38Town Council Page 384 of 437 Meeting Date: August 25, 2015 *The Planning & Zoning Department was combined with the Community Development Department in FY 15. Community Development FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Personnel Salaries 138,964$ 206,471$ 211,862$ 298,068$ 280,385$ 318,266$ 329,405$ 340,934$ Overtime 247 895 3,607 3,000 6,800 5,000 5,000 5,000 Longevity 915 1,005 1,235 1,595 1,530 1,900 2,290 2,680 Stipend ‐ 5,500 4,100 4,500 4,000 4,312 4,312 4,312 Retirement 18,943 29,778 32,154 51,888 40,648 42,832 44,974 47,222 Medical Insurance 11,012 21,504 26,738 38,871 35,208 36,455 38,278 40,192 Dental Insurance 902 2,015 1,968 2,603 2,350 2,535 2,662 2,795 Vision Insurance 214 450 429 543 500 523 549 577 Life Insurance & Other 950 3,373 1,953 2,745 2,345 2,967 3,115 3,271 Social Security Taxes 8,724 12,777 13,083 18,765 17,600 20,160 21,168 22,226 Medicare Taxes 2,040 2,988 3,060 4,454 4,160 4,777 4,944 5,117 Unemployment Taxes 1,391 259 1,170 1,242 65 1,190 1,232 1,275 Workman's Compensation 451 757 1,203 1,623 1,438 10,310 10,671 11,044 Pre‐Employment Physicals/Testing 332 7 247 ‐ ‐ ‐ ‐ ‐ Total Personnel 185,085$ 287,778$ 302,809$ 429,897$ 397,029$ 451,227$ 468,600$ 486,646$ Services/Supplies Professional Outside Services 2,812$ ‐$ ‐$ 12,000$ 12,000$ 8,000$ 83,000$ 83,000$ Engineering ‐ ‐ ‐ 75,000 75,000 75,000 50,000 50,000 Plan Review Services ‐ 4,709 ‐ 5,000 ‐ 5,000 5,000 5,000 Appraisal ‐ ‐ ‐ 500 ‐ ‐ ‐ ‐ Health Inspections 6,000 5,975 5,350 6,100 6,100 6,900 7,200 7,200 Inspection Services 16,300 ‐ ‐ 8,000 2,000 8,000 8,000 8,000 Advertising ‐ 461 33 1,100 1,100 1,100 1,100 1,100 Printing 890 734 1,679 1,100 1,100 1,100 1,100 1,100 Computer Mapping ‐ ‐ ‐ 4,000 ‐ ‐ ‐ ‐ Abatements 2,055 2,920 190 3,000 1,800 3,000 3,000 3,000 Schools & Training 1,365 1,187 1,519 2,800 2,400 1,950 1,950 1,950 Service Charges & Fees ‐ 331 ‐ ‐ ‐ ‐ ‐ ‐ Telephone 337 794 85 600 ‐ ‐ ‐ ‐ Communications/Pagers/Mobiles 1,506 1,609 2,199 3,672 2,500 4,512 4,512 4,512 Vehicle maintenance 862 869 3,973 3,000 3,000 3,000 3,000 3,000 Dues & Membership 421 260 251 1,627 1,227 1,307 1,307 1,307 Travel & Per Diem 517 117 123 1,000 800 1,000 1,000 1,000 Meetings 22 75 ‐ 240 240 240 240 240 Plat Filing Fees ‐ ‐ ‐ 1,100 ‐ ‐ ‐ ‐ Office Supplies 1,367 1,106 559 2,500 1,500 1,500 1,500 1,500 Postage 825 798 470 500 500 500 500 500 Publications/Books/Subscriptions 661 454 225 700 350 2,000 500 500 Fuel 3,978 6,217 5,060 6,245 4,000 4,870 5,000 5,150 Uniforms 1,181 1,527 1,726 2,340 1,600 1,920 1,920 1,920 Miscellaneous Expense 4,792 1,248 571 900 600 600 600 600 Total Services/Supplies 45,890$ 31,390$ 24,013$ 143,024$ 117,817$ 131,499$ 180,429$ 180,579$ Capital Capital Outlay 17,364$ ‐$ ‐$ ‐$ 42,000$ ‐$ ‐$ ‐$ Total Capital 17,364$ ‐$ ‐$ ‐$ 42,000$ ‐$ ‐$ ‐$ Total Expenditures 248,339$ 319,168$ 326,821$ 572,921$ 556,846$ 582,726$ 649,029$ 667,225$ 39Town Council Page 385 of 437 Meeting Date: August 25, 2015 Finance ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. vs. Pro) Personnel $259,681 $254,187 $267,197 $266,946 $240,576 $ 285,126 7% Services & Supplies 117,623 108,978 125,023 120,151 111,131 125,293 4% Capital 150,839 9,650 ‐ ‐ ‐ ‐ N/A TOTAL $528,143 $372,816 $392,220 $387,097 $351,707 $ 410,419 6% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ POSITION TITLE FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FINANCE DIRECTOR 1.00 0.00 0.00 CONTROLLER 0.00 1.00 1.00 CHIEF FINANCIAL ANALYST 1.00 1.00 1.00 STRATEGIC SERVICES COORDINATOR 0.00 1.00 1.00 BUDGET ANALYST 1.00 0.00 0.00 TOTAL FTEs 3.00 3.00 3.00 PERSONNEL SCHEDULE 10% 1% 6% 2% 27% 11% 5% 16% 8% 0% 7% 5% 1%1% 0% 5% 10% 15% 20% 25% 30% Percent of General Fund Expenditures 40Town Council Page 386 of 437 Meeting Date: August 25, 2015 Finance FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Personnel Salaries 196,651$ 188,446$ 200,610$ 188,912$ 186,600$ 209,643$ 216,981$ 224,575$ Longevity ‐ 135 140 270 200 455 665 875 Stipend ‐ 4,500 3,500 2,250 1,500 2,250 2,250 2,250 Retirement 27,484 24,776 28,135 32,338 21,300 27,605 28,985 30,435 Medical Insurance 17,992 19,291 16,940 23,861 16,930 23,995 25,195 26,454 Dental Insurance 1,004 1,262 1,333 1,665 1,325 1,731 1,818 1,908 Vision Insurance 229 144 346 398 274 357 375 394 Life Insurance & Other 994 2,508 1,463 1,671 1,163 1,833 1,897 1,964 Social Security Taxes 11,148 10,238 11,063 11,729 8,600 13,026 13,482 13,954 Medicare Taxes 2,713 2,394 2,587 2,776 2,080 3,079 3,187 3,298 Unemployment Taxes 1,044 31 634 597 105 621 643 665 Workman's Compensation 422 398 382 479 424 531 550 569 Pre‐Employment Physicals/Testing ‐ 64 64 ‐ 75 ‐ ‐ ‐ Total Personnel 259,681$ 254,187$ 267,197$ 266,946$ 240,576$ 285,126$ 296,386$ 308,061$ Services/Supplies Professional Outside Services ‐$ 13,320$ ‐$ 2,100$ 2,145$ 2,100$ 2,100$ 2,100$ Auditing 58,000 35,000 44,000 32,750 32,750 35,500 34,750 37,500 Appraisal 40,886 43,407 45,724 46,394 46,832 51,629 54,210 55,470 Tax Administration 2,971 3,831 3,987 4,416 3,291 3,312 3,478 3,513 Advertising 2,339 2,140 2,631 3,800 3,800 3,800 3,800 3,800 Printing 2,135 1,948 2,309 750 1,731 5,750 5,750 5,750 Schools & Training 1,666 371 1,564 2,855 3,199 2,830 2,230 2,555 Service Charges & Fees ‐ 200 16,954 18,120 10,800 10,956 11,116 11,278 PID (84) 87 114 100 ‐ 100 100 100 Telephone 347 222 22 100 ‐ ‐ ‐ ‐ Communications/Pagers/Mobiles 685 664 821 900 375 900 900 900 Building Maintenance 6 ‐ ‐ ‐ ‐ ‐ ‐ ‐ Dues & Membership 1,175 1,310 1,313 1,500 1,540 1,370 1,375 1,450 Travel & Per Diem 2,360 1,460 2,165 2,916 1,768 3,096 2,930 2,980 Meetings 95 311 ‐ 100 100 100 100 100 Office Supplies 1,480 1,657 1,753 1,800 1,800 1,800 1,800 1,800 Postage 1,212 891 1,463 1,000 1,000 1,500 1,500 1,500 Publications/Books/Subscriptions 26 576 57 250 ‐ 250 250 250 Furniture/Equipment <$5000 ‐ 1,150 146 200 ‐ 200 200 200 Miscellaneous Expense 2,325 435 ‐ 100 ‐ 100 100 100 Total Services/Supplies 117,623$ 108,978$ 125,023$ 120,151$ 111,131$ 125,293$ 126,689$ 131,346$ Capital Capital Outlay 150,839$ 9,650$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ Total Capital 150,839$ 9,650$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ Total Expenditures 528,143$ 372,816$ 392,220$ 387,097$ 351,707$ 410,419$ 423,075$ 439,407$ 41Town Council Page 387 of 437 Meeting Date: August 25, 2015 Municipal Court ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. vs. Pro) Personnel $ 68,308 $ 55,108 $ 71,725 $ 75,397 $ 75,227 $ 77,388 3% Services & Supplies 10,621 13,623 7,848 10,539 7,884 9,689 ‐8% TOTAL $ 78,929 $ 68,731 $ 79,573 $ 85,936 $ 83,111 $ 87,077 1% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ POSITION TITLE FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED SENIOR COURT CLERK 1.00 1.00 1.00 TOTAL FTEs 1.00 1.00 1.00 PERSONNEL SCHEDULE 10% 1% 6% 2% 27% 11% 5% 16% 8% 0% 7% 5% 1%1% 0% 5% 10% 15% 20% 25% 30% Percent of General Fund Expenditures 42Town Council Page 388 of 437 Meeting Date: August 25, 2015 Municipal Court FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Personnel Salaries 50,763$ 40,796$ 52,306$ 54,747$ 54,100$ 56,867$ 58,857$ 60,917$ Longevity 140 200 ‐ 80 ‐ 140 200 260 Stipend ‐ 1,000 1,200 750 750 750 750 750 Certifications 718 557 ‐ ‐ 2,025 900 900 900 Retirement 6,854 4,949 7,492 8,714 7,260 7,106 7,461 7,834 Medical Insurance 4,671 3,281 5,334 5,570 5,730 5,781 6,070 6,374 Dental Insurance 358 261 364 387 440 414 435 456 Vision Insurance 86 58 81 81 88 81 85 89 Life Insurance & Other 343 597 508 512 529 552 571 591 Social Security Taxes 3,197 2,636 3,317 3,399 3,380 3,590 3,716 3,846 Medicare Taxes 748 617 776 806 790 851 881 912 Unemployment Taxes 329 50 250 222 21 222 230 238 Workman's Compensation 101 106 97 129 114 134 139 144 Total Personnel 68,308$ 55,108$ 71,725$ 75,397$ 75,227$ 77,388$ 80,295$ 83,311$ Services/Supplies Professional Outside Services 1,458$ 643$ 1,467$ 1,890$ 1,400$ 1,890$ 1,890$ 1,890$ Judge's Compensation 3,900 3,900 3,600 4,500 4,350 4,500 4,500 4,500 Advertising ‐ ‐ 742 ‐ ‐ ‐ ‐ ‐ Printing 982 870 630 1,100 665 1,100 1,100 1,100 Schools & Training 500 400 50 350 150 350 350 350 Service Charges & Fees 1,301 4,949 ‐ ‐ ‐ ‐ ‐ ‐ Telephone 169 285 69 150 ‐ ‐ ‐ ‐ Jury Fees ‐ ‐ 36 144 108 144 144 144 Dues & Membership 101 130 60 130 ‐ 130 130 130 Travel & Per Diem 1,043 1,136 ‐ 625 125 375 375 375 Meetings ‐ 29 ‐ ‐ ‐ ‐ ‐ ‐ Office Supplies 299 287 278 450 250 300 300 300 Postage 465 460 916 1,000 500 600 600 650 Warrant Round‐Up 272 422 ‐ ‐ ‐ ‐ ‐ ‐ Furniture/Equipment <$5000 ‐ 113 ‐ 200 200 200 200 200 Miscellaneous Expense 131 ‐ ‐ ‐ 136 100 100 100 Total Services/Supplies 10,621$ 13,623$ 7,848$ 10,539$ 7,884$ 9,689$ 9,689$ 9,739$ Total Expenditures 78,929$ 68,731$ 79,573$ 85,936$ 83,111$ 87,077$ 89,984$ 93,050$ 43Town Council Page 389 of 437 Meeting Date: August 25, 2015 Human Resources ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. vs. Pro) Personnel $ 90,623 $ 97,595 $ 70,840 $ 87,655 $ 91,990 $ 117,754 34% Services & Supplies 4,215 5,176 3,442 4,840 3,950 4,315 ‐11% TOTAL $ 94,839 $102,771 $ 74,282 $ 92,495 $ 95,940 $ 122,069 32% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ POSITION TITLE FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED HR MANAGER 0.00 1.00 1.00 HR COORDINATOR 1.00 0.00 0.00 TOTAL FTEs 1.00 1.00 1.00 PERSONNEL SCHEDULE 10% 1% 6% 2% 27% 11% 5% 16% 8% 0% 7% 5% 1%1% 0% 5% 10% 15% 20% 25% 30% Percent of General Fund Expenditures 44Town Council Page 390 of 437 Meeting Date: August 25, 2015 Human Resources FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Personnel Salaries 56,305$ 60,012$ 42,830$ 51,765$ 58,600$ 70,013$ 72,463$ 75,000$ Longevity 473 563 ‐ 65 ‐ ‐ 90 180 Stipend ‐ 2,500 500 750 ‐ 750 750 750 Retirement 7,824 8,830 6,485 8,882 8,350 9,199 9,659 10,142 Medical Insurance 4,945 4,301 341 ‐ 4,830 10,333 10,850 11,392 Dental Insurance 344 353 330 387 390 714 750 787 Vision Insurance 82 79 73 81 78 138 145 152 Life Insurance & Other 366 922 358 474 490 626 648 671 Social Security Taxes 3,453 3,911 2,739 3,213 3,650 4,341 4,493 4,650 Medicare Taxes 808 915 641 762 886 1,026 1,062 1,099 Unemployment Taxes 261 9 213 207 ‐ 207 214 222 Workman's Compensation 111 131 91 131 116 177 183 190 Pre‐Employment Physicals/Testing ‐ ‐ 147 ‐ 450 ‐ ‐ ‐ Employee Relations 4,475 5,257 6,603 8,150 7,550 10,850 10,280 10,280 Tuition Reimbursement 8,451 7,509 7,049 10,100 4,100 6,500 6,500 6,500 Employee Assistance Program 2,727 2,303 2,442 2,688 2,500 2,880 3,072 3,264 Total Personnel 90,623$ 97,595$ 70,840$ 87,655$ 91,990$ 117,754$ 121,159$ 125,278$ Services/Supplies Physicals/Testing 1,909$ 295$ 190$ 540$ 150$ 540$ 540$ 540$ Advertising ‐ ‐ 345 ‐ 800 ‐ ‐ ‐ Printing 8 20 45 150 ‐ 150 150 150 Schools & Training 299 2,095 300 1,000 1,300 1,000 1,000 1,000 Telephone 132 89 13 100 ‐ ‐ ‐ ‐ Communications/Pagers/Mobiles 228 857 454 900 625 900 900 900 Dues & Membership 240 255 315 250 300 300 300 300 Travel & Per Diem ‐ 168 699 500 ‐ 500 500 500 Meetings 20 ‐ 39 ‐ ‐ ‐ ‐ ‐ Office Supplies 544 1,030 723 1,000 600 600 600 600 Postage 236 307 139 300 175 325 325 350 Publications/Books/Subscriptions 600 60 180 100 ‐ ‐ ‐ ‐ Total Services/Supplies 4,215$ 5,176$ 3,442$ 4,840$ 3,950$ 4,315$ 4,315$ 4,340$ Total Expenditures 94,839$ 102,771$ 74,282$ 92,495$ 95,940$ 122,069$ 125,474$ 129,618$ 45Town Council Page 391 of 437 Meeting Date: August 25, 2015 Information Services ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. vs. Pro) Personnel $172,777 $181,544 $186,288 $191,325 $190,312 $ 218,142 14% Services & Supplies 92,431 124,270 139,203 200,374 256,432 263,657 32% Capital 64,996 36,506 8,278 31,613 31,500 49,463 56% TOTAL $330,204 $342,319 $333,769 $423,312 $478,244 $ 531,262 26% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ POSITION TITLE FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED INFORMATION TECHNOLOGY DIRECTOR 1.00 1.00 1.00 NETWORK SUPPORT SPECIALIST 1.00 1.00 1.00 PART‐TIME INTERN 0.00 0.00 0.50 TOTAL FTEs 2.00 2.00 2.50 PERSONNEL SCHEDULE 10% 1% 6% 2% 27% 11% 5% 16% 8% 0% 7% 5% 1%1% 0% 5% 10% 15% 20% 25% 30% Percent of General Fund Expenditures 46Town Council Page 392 of 437 Meeting Date: August 25, 2015 Information Services FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Personnel Salaries 131,133$ 133,759$ 137,092$ 139,358$ 142,080$ 167,773$ 173,645$ 179,723$ Longevity 975 1,125 1,455 1,620 1,635 1,800 1,890 1,980 Stipend ‐ 3,500 3,000 1,500 1,500 1,500 1,500 1,500 Retirement 18,293 19,320 20,584 24,068 20,120 19,197 19,197 19,197 Medical Insurance 9,921 10,166 10,664 11,139 11,350 11,562 12,140 12,747 Dental Insurance 687 726 727 774 820 828 869 913 Vision Insurance 163 163 163 162 181 162 170 179 Life Insurance & Other 732 1,932 1,118 1,130 1,143 1,238 1,300 1,365 Social Security Taxes 8,167 8,554 8,765 8,741 8,980 10,514 10,882 11,263 Medicare Taxes 1,910 2,000 2,050 2,066 2,140 2,481 2,568 2,658 Unemployment Taxes 524 18 414 414 50 621 643 665 Workman's Compensation 272 281 257 353 313 466 482 499 Total Personnel 172,777$ 181,544$ 186,288$ 191,325$ 190,312$ 218,142$ 225,777$ 233,679$ Services/Supplies So ftware & Support 43,013 79,168 92,954 147,602 176,090 170,947 172,602 174,261 Security 1,499 663 859 1,350 956 1,350 1,350 1,350 Schools & Training 3,352 2,800 840 3,500 3,200 3,650 3,650 3,650 Telephone 5,248 6,218 6,073 5,808 5,040 9,488 9,488 9,488 Communications/Pagers/Mobiles 1,506 2,036 2,358 2,716 3,436 30,476 30,476 30,476 Independent Labor 1,002 1,696 1,346 3,000 8,000 10,500 10,500 10,500 Copier Rental/Leases 6,202 6,164 9,634 7,908 7,908 9,136 9,136 9,136 Dues & Membership 100 300 100 250 150 250 250 250 Travel & Per Diem ‐ 1,534 ‐ 2,849 2,355 2,869 2,022 2,353 Meetings ‐ ‐ 56 72 50 122 122 122 Office Supplies 666 852 648 721 600 721 721 721 Printer Supplies 9,171 8,030 8,647 7,500 7,500 7,500 7,500 7,500 Postage 86 108 307 250 55 250 300 300 Uniforms ‐ ‐ ‐ 225 225 125 125 125 Hardware 20,584 14,701 15,382 16,623 40,867 16,273 11,598 8,373 Total Services/Supplies 92,431$ 124,270$ 139,203$ 200,374$ 256,432$ 263,657$ 259,840$ 258,605$ Capital Capital Outlay 64,996$ 36,506$ 8,278$ 31,613$ 31,500$ 49,463$ 85,625$ 58,000$ Total Capital 64,996$ 36,506$ 8,278$ 31,613$ 31,500$ 49,463$ 85,625$ 58,000$ Total Expenditures 330,204$ 342,319$ 333,769$ 423,312$ 478,244$ 531,262$ 571,241$ 550,284$ 47Town Council Page 393 of 437 Meeting Date: August 25, 2015 Facilities Maintenance ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. vs. Pro) Services & Supplies $ 65,341 $ 75,344 $ 81,550 $ 111,042 $112,550 $ 112,079 1% TOTAL $ 65,341 $ 75,344 $ 81,550 $ 111,042 $112,550 $ 112,079 1% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ 10% 1% 6% 2% 27% 11% 5% 16% 8% 0% 7% 5% 1%1% 0% 5% 10% 15% 20% 25% 30% Percent of General Fund Expenditures Facilities Maintenance FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Services/Supplies Electricity 13,584$ 14,948$ 12,870$ 15,000$ 12,000$ 14,500$ 14,500$ 14,500$ Water 1,027 926 1,038 1,860 1,100 1,200 1,250 1,300 Insurance 42,305 44,241 51,788 54,265 54,242 56,971 59,812 61,601 Building Maintenance 3,029 12,251 14,142 10,000 15,000 15,000 15,000 15,000 Equipment Maintenance ‐ 150 362 250 500 250 250 250 Cleaning Services 2,801 448 ‐ 17,292 18,208 17,658 17,658 17,658 Vending Machine Supplies 41 ‐ ‐ ‐ ‐ ‐ ‐ ‐ Furniture/Equipment<$5,000 ‐ ‐ ‐ 10,875 10,000 5,000 5,000 5,000 Maintenance Supplies 2,553 2,381 1,350 1,500 1,500 1,500 1,750 1,750 Total Services/Supplies 65,341$ 75,344$ 81,550$ 111,042$ 112,550$ 112,079$ 115,220$ 117,059$ Total Expenditures 65,341$ 75,344$ 81,550$ 111,042$ 112,550$ 112,079$ 115,220$ 117,059$ 48Town Council Page 394 of 437 Meeting Date: August 25, 2015 Other Major Funds 49Town Council Page 395 of 437 Meeting Date: August 25, 2015 Capital Projects Fund -Budget- Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. Vs. Pro.)Beginning Fund Balance 1,599,988$ 996,425$ 2,065,909$ 4,275,854$ 4,505,273$ 1,293,027$ -70% Revenues 323,781 61,809 57,540 200,500 201,661 100 -100% Expenditures (1,427,344) (318,392) (768,476) (4,627,524) (3,413,907) (8,833,404)91% Other Sources (Uses) 500,000 1,326,067 3,150,300 385,000 - 10,135,000 2532% Net Increase (Decrease)(603,563) 1,069,484 2,439,364 (4,042,024) (3,212,246) 1,301,696 -132% Ending Fund Balance 996,425$ 2,065,909$ 4,505,273$ 233,830$ 1,293,027$ 2,594,723$ 1010% ----------------Past---------------------Projected Year----- $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 Ending Fund Balance Capital Projects Fund FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Beginning Fund Balance 1,599,988$ 996,425$ 2,065,909$ 4,275,854$ 4,505,273$ 1,293,027$ 2,594,723$ 3,372,823$ Revenue Contributions/Grants 322,536$ 30,230$ -$ 200,000$ 200,061$ -$ -$ -$ Interest Revenue 1,245 1,429 1,548 500 1,600 100 100 100 Miscellaneous Revenue - 30,000 - - - - - - Intergovernmental Revenue - - 55,992 - - - - - Prior Year Adjustment - 150 - - - - - - Total Revenue 323,781$ 61,809$ 57,540$ 200,500$ 201,661$ 100$ 100$ 100$ Expenditures General Government 2,453$ 51,089$ 18,070$ -$ 125,000$ -$ -$ -$ Bond Issuance Costs 21,200 29,367 68,850 - - 97,500 40,000 32,500 Capital Outlay 1,403,691 237,936 681,556 4,627,524 3,288,907 8,735,904 3,682,000 2,203,000 Total Expenditures 1,427,344$ 318,392$ 768,476$ 4,627,524$ 3,413,907$ 8,833,404$ 3,722,000$ 2,235,500$ Other Sources (Uses) Debt Proceeds 500,000$ 1,300,000$ 3,100,000$ -$ -$ 9,750,000$ 4,000,000$ 2,000,000$ Bond Premium - 33,794 50,329 - - - - - Transfer In - - - 385,000 - 385,000 500,000 - Transfer Out - (7,727) (29) - - - - - Total Other Sources (Uses 500,000$ 1,326,067$ 3,150,300$ 385,000$ -$ 10,135,000$ 4,500,000$ 2,000,000$ Net Increase (Decrease)(603,563)$ 1,069,484$ 2,439,364$ (4,042,024)$ (3,212,246)$ 1,301,696$ 778,100$ (235,400)$ Ending Fund Balance 996,425$ 2,065,909$ 4,505,273$ 233,830$ 1,293,027$ 2,594,723$ 3,372,823$ 3,137,423$ 50Town Council Page 396 of 437 Meeting Date: August 25, 2015 Debt Service Fund -Budget- Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. Vs. Pro.) Beginning Fund Balance $ 85,388 $ 94,267 $ 119,722 $ 122,222 $ 118,092 $ 105,367 -14% Revenues 1,287,814 1,911,619 1,361,109 1,498,553 1,507,248 1,704,968 14% Expenditures (1,360,266) (2,750,417) (1,403,122) (1,573,662) (1,575,613) (1,727,067)10% Other Sources (Uses) 81,331 864,253 40,383 127,350 55,640 87,206 -32% Net Increase (Decrease) 8,879 25,455 (1,630) 52,241 (12,725) 65,107 25% Ending Fund Balance $ 94,267 $ 119,722 $ 118,092 $ 174,463 $ 105,367 $ 170,474 -2% ----------------Past---------------------Projected Year----- $- $50,000 $100,000 $150,000 $200,000 $250,000 Ending Fund Balance DEBT SERVICE FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Beginning Fund Balance 85,388$ 94,267$ 119,722$ 122,222$ 118,092$ 105,367$ 170,474$ 214,943$ Revenue Property Taxes 1,049,656$ 1,163,144$ 1,351,988$ 1,490,172$ 1,489,851$ 1,697,277$ 1,815,800$ 1,984,452$ Property Taxes/Delinquent 7,389 11,959 5,091 4,356 11,598 4,465 4,499 4,784 Property Taxes/Penalty & Interest 6,967 5,774 3,784 3,775 5,799 2,976 2,999 3,189 Intergovernmental Transfer EDC 222,922 729,909 - - - - - - Interest Income 880 833 246 250 - 250 300 400 Total Revenue 1,287,814$ 1,911,619$ 1,361,109$ 1,498,553$ 1,507,248$ 1,704,968$ 1,823,598$ 1,992,825$ Expenditures Bond Principal 885,000$ 2,294,000$ 998,000$ 1,088,000$ 1,088,000$ 1,339,500$ 1,293,600$ 1,563,600$ Bond Interest 471,016 451,417 398,872 481,912 441,127 383,067 682,916 619,296 Paying Agent Fees 4,250 5,000 6,250 3,750 3,750 4,500 4,500 4,500 Bond/CO Issuance cost - - - - 42,736 - - - Total Expenditures 1,360,266$ 2,750,417$ 1,403,122$ 1,573,662$ 1,575,613$ 1,727,067$ 1,981,016$ 2,187,396$ Other Sources (Uses) Bond Proceeds -$ -$ -$ -$ 2,030,000$ -$ -$ -$ Refund Cost - - - - (2,026,710) - - - Transfer In 81,331 864,253 40,383 127,350 52,350 87,206 201,887 202,209 Total Other Sources (Uses)81,331$ 864,253$ 40,383$ 127,350$ 55,640$ 87,206$ 201,887$ 202,209$ Net Increase (Decrease)8,879$ 25,455$ (1,630)$ 52,241$ (12,725)$ 65,107$ 44,468$ 7,637$ Ending Fund Balance 94,267$ 119,722$ 118,092$ 174,463$ 105,367$ 170,474$ 214,943$ 222,580$ 51Town Council Page 397 of 437 Meeting Date: August 25, 2015 Proprietary Funds 52Town Council Page 398 of 437 Meeting Date: August 25, 2015 Storm Drainage Utility Fund -Budget- Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. Vs. Pro.) Beginning Working Capital $ 47,183 $ 72,981 $ 237,062 $ 120,619 $ 199,172 $ 229,888 91% Revenues 186,668 375,542 425,718 423,900 407,000 414,800 -2% Expenses (96,487) (174,116) (443,001) (504,136) (358,973) (352,503)-30% Other Sources (Uses) (64,382) (37,344) (20,607) (27,350) (17,311) (62,206)127% Net Increase (Decrease) 25,798 164,081 (37,890) (107,586) 30,716 91 -100% Ending Working Capital $ 72,981 $ 237,062 $ 199,172 $ 13,033 $ 229,888 $ 229,979 1665% ----------------Past---------------------Projected Year----- POSITION TITLE FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED INFRASTRUCTURE & DEVELOPMENT SERVICES MANAGER 0.0 0.3 0.3 STREETS SUPERVISOR 0.5 0.0 0.0 TOTAL FTEs 0.0 0.3 0.3 PERSONNEL SCHEDULE $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 Ending Working Capital 53Town Council Page 399 of 437 Meeting Date: August 25, 2015 Storm Drainage Utility FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Beginning Working Capital 47,183$ 72,981$ 237,062$ 120,619$ 199,172$ 229,888$ 229,979$ 302,184$ Revenue Storm Drainage Fee 180,668$ 370,042$ 394,692$ 402,800$ 407,000$ 414,700$ 418,300$ 421,180$ Hazardous Waste Stipend 6,000 5,500 5,000 - - - - - Miscellaneous Revenue - - 26,001 21,000 - - - - Interest Income - - 25 100 - 100 100 100 Total Revenue 186,668$ 375,542$ 425,718$ 423,900$ 407,000$ 414,800$ 418,400$ 421,280$ Expenses Personnel Services Salaries 15,203$ 23,214$ 23,864$ 24,238$ 16,940$ 21,814$ 22,577$ 23,255$ Overtime 118 253 575 - 250 - - - Longevity 171 304 349 394 395 65 77 102 Stipend - 750 750 375 375 188 188 188 Retirement 2,148 3,433 3,715 4,224 2,520 2,869 2,969 3,058 Medical Insurance 1,657 2,537 2,665 2,785 1,495 1,445 1,517 1,593 Dental Insurance 115 185 298 334 135 104 109 115 Vision Insurance 27 41 41 41 22 20 20 20 Life Insurance & Other 223 402 234 250 139 168 174 179 Social Security Taxes 946 1,501 1,559 1,527 1,100 1,356 1,403 1,446 Medicare Taxes 221 351 365 363 269 320 331 341 Unemployment Taxes 86 4 103 104 - 52 54 55 Workman's Compensation 752 1,183 1,295 1,472 1,304 127 131 135 Total Personnel 21,666$ 34,156$ 35,812$ 36,107$ 24,944$ 28,528$ 29,552$ 30,488$ Services & Supplies Professional Outside Services -$ -$ -$ -$ 18,081$ 18,200$ 18,700$ 19,200$ Engineering/Construction 3,998 40,339 5,356 100,000 80,000 80,000 80,000 80,000 Trash Removal/Recycling 12,896 19,359 2,021 1,500 1,500 2,000 2,000 2,000 Vehicle Maintenance 464 - - - - - - - Equipment Maintenance 567 - - - - - - - Street Sweeping 3,850 3,850 4,720 6,000 6,000 12,000 12,000 12,000 Independent Labor 8,000 9,011 30,070 17,366 17,366 17,887 18,781 19,720 Dues & Membership 2,555 2,570 200 200 200 200 200 200 Fuel 1,675 69 446 - - - - - Small Tools 565 - - - - - - - Miscellaneous Expense - 110 1,331 - - - - - Total Services & Supplies 34,571$ 75,308$ 44,145$ 125,066$ 105,066$ 112,087$ 112,981$ 113,920$ Capital Transfer to Drainage Capital Projects 40,251$ 61,603$ 200,000$ 164,000$ 50,000$ 36,488$ -$ -$ Total Capital 40,251$ 61,603$ 200,000$ 164,000$ 50,000$ 36,488$ -$ -$ Debt Service Principal -$ -$ 140,000$ 140,000$ 140,000$ 140,000$ 145,000$ 145,000$ Interest - 3,049 23,045 38,963 38,963 35,400 31,775 28,088 Total Debt Service -$ 3,049$ 163,045$ 178,963$ 178,963$ 175,400$ 176,775$ 173,088$ Total Expenses 96,487$ 174,116$ 443,001$ 504,136$ 358,973$ 352,503$ 319,308$ 317,496$ Other Sources (Uses) Transfer In -$ -$ 6,460$ -$ -$ -$ -$ -$ Transfer Out (64,382) (37,344) (27,067) (27,350) (17,311) (62,206) (26,887) (27,209) Total Other Sources (64,382)$ (37,344)$ (20,607)$ (27,350)$ (17,311)$ (62,206)$ (26,887)$ (27,209)$ Net Increase (Decrease)25,798$ 164,081$ (37,890)$ (107,586)$ 30,716$ 91$ 72,205$ 76,576$ Ending Working Capital 72,981$ 237,062$ 199,172$ 13,033$ 229,888$ 229,979$ 302,184$ 378,760$ 54Town Council Page 400 of 437 Meeting Date: August 25, 2015 Storm Drainage Capital Projects FY 2015 FY 2016 FY 2017 FY 2018 Previous Balance 578,174$ 206,139$ -$ -$ Sources of Funds Bond Proceeds - - - - Capital Funding from Operations 50,000 36,488 - - Total Sources 628,174$ 242,627$ -$ -$ Expenses Indian Creek 227,076$ -$ -$ -$ Cypress Court Drainage Inlets 74,756 20,000 Pin Oak Court - 51,260 - - Pebble Beach Drive 71,368 71,367 - - Broadway Creek Improvements and Amenity Lake Slopes 48,835 100,000 - - Total Expenses 422,035$ 242,627$ -$ -$ Remaining Balance 206,139$ -$ -$ -$ 55Town Council Page 401 of 437 Meeting Date: August 25, 2015 Trophy Club Park Fund -Budget- Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. Vs. Pro.) Beginning Working Capital $ (34,642) $ (26,115) $ (6,470) $ 4,389 $ 1,830 $ (70,458)-1705% Revenues 138,712 130,663 150,925 153,752 90,000 165,000 7% Expenses 130,185 98,717 134,625 150,327 154,288 153,006 2% Other Sources (Uses) - (12,300) (8,000) (8,000) (8,000) (8,000)0% Net Increase (Decrease)8,527 19,645 8,300 (4,575) (72,288) 3,994 -187% Ending Working Capital (26,115)$ (6,470)$ 1,830$ (186)$ (70,458)$ (66,464)$ 35703% ----------------Past---------------------Projected Year----- POSITION TITLE ACTUAL 2013 ESTIMATE 2014 ADOPTED 2015 RECREATION SUPERINTENDENT 0.4 0.4 0.4 TCP GATE ATTENDANT 1.1 1.1 1.1 TOTAL FTEs 1.5 1.5 1.5 PERSONNEL SCHEDULE $(80,000) $(70,000) $(60,000) $(50,000) $(40,000) $(30,000) $(20,000) $(10,000) $- $10,000 Ending Working Capital 56Town Council Page 402 of 437 Meeting Date: August 25, 2015 Trophy Club Park FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Beginning Working Capital (34,642)$ (26,115)$ (6,470)$ 4,389$ 1,830$ (70,458)$ (66,464)$ (54,426)$ Revenue Park Revenue 138,712$ 130,663$ 150,925$ 153,752$ 90,000$ 165,000$ 168,000$ 171,000$ Interest Income - - - - - - - - Total Revenue 138,712$ 130,663$ 150,925$ 153,752$ 90,000$ 165,000$ 168,000$ 171,000$ Expenses Personnel Salaries 36,506$ 38,612$ 40,096$ 43,008$ 40,600$ 45,544$ 47,138$ 48,552$ Longevity - 64 88 112 112 204 286 368 Stipend - 600 600 300 900 300 300 300 Retirement 2,939 3,117 3,487 4,222 3,620 3,504 3,627 3,735 Medical Insurance 1,984 2,029 2,520 2,826 2,620 3,000 3,150 3,308 Dental Insurance 137 145 147 155 227 233 245 257 Vision Insurance 33 33 33 32 39 32 32 32 Life Insurance & Other 146 357 209 211 245 239 247 255 Social Security Taxes 2,240 2,433 2,457 2,673 2,400 2,836 2,935 3,023 Medicare Taxes 524 569 574 630 600 668 688 709 Unemployment taxes 489 59 403 306 84 306 315 325 Workman's Compensation 877 896 768 1,033 915 1,094 1,127 1,161 Pre-Employment Physicals/Testing 102 4 - - - - - - Total Personnel 45,976$ 48,917$ 51,383$ 55,508$ 52,362$ 57,960$ 60,090$ 62,024$ Services & Supplies Professional Outside Services -$ -$ -$ 5,000$ 2,500$ 2,500$ -$ -$ Auditing - 1,000 1,000 1,000 1,000 1,000 1,000 1,000 Software & Support 453 3,493 2,444 3,849 6,596 7,241 4,316 4,316 Collection Fees - 1,215 - - - - - - Advertising 1,514 1,808 2,640 1,500 1,650 1,235 1,235 1,235 Printing 712 - - 1,416 1,244 - - 1,000 Schools & Training 879 663 1,825 340 200 - - - Service Charges & Fees 6,043 3,298 2,859 6,000 6,495 8,495 8,495 8,495 Electricity 2,068 3,392 2,625 3,600 2,500 2,800 2,800 2,800 Water 2,054 1,650 1,720 1,697 2,905 1,747 1,799 1,852 Telephone 998 1,178 1,521 1,600 1,825 1,900 1,900 1,900 Communications/Pagers/Mobiles 1,547 1,626 2,001 1,560 1,700 933 933 933 Insurance - - - - - 1,200 1,200 1,200 Property Maintenance 37,382 7,131 26,249 10,500 15,674 10,500 10,500 10,500 Equipment Maintenance 2,176 (911) 5,243 2,426 2,576 2,384 2,384 2,384 Independent Labor - 11,798 10,800 10,200 8,000 26,600 26,600 26,600 Portable toilets 3,590 3,590 3,944 4,000 3,644 3,644 3,644 3,644 Dues & Membership 200 199 60 320 250 250 250 250 Travel & Per Diem 854 424 776 387 505 492 507 522 Office Supplies 151 294 347 1,013 1,013 1,044 1,075 1,107 Postage 169 25 94 318 200 327 336 346 Fuel 259 374 1,232 1,490 1,000 1,250 1,300 1,350 Uniforms 456 383 333 645 520 520 520 520 Community Events 5,587 5,269 8,362 6,500 12,000 14,900 14,900 14,900 Small Tools 1,883 1,384 1,010 1,400 1,000 1,200 1,200 1,200 Furniture/Equipment<$5,000 - - 590 1,720 1,866 1,920 - - Maintenance Supplies 2,185 515 717 451 451 464 478 493 Miscellaneous Expense 426 - - 557 500 500 500 500 Total Services & Supplies 71,586$ 49,800$ 78,393$ 69,489$ 77,814$ 95,046$ 87,872$ 89,047$ Capital Capital Expenses 12,623$ -$ 4,850$ 25,330$ 24,112$ -$ -$ -$ Total Capital 12,623$ -$ 4,850$ 25,330$ 24,112$ -$ -$ -$ Total Expenses 130,185$ 98,717$ 134,625$ 150,327$ 154,288$ 153,006$ 147,962$ 151,071$ Other Sources (Uses) Transfer Out -$ (12,300)$ (8,000)$ (8,000)$ (8,000)$ (8,000)$ (8,000)$ (8,000)$ Total Other Sources (Uses)-$ (12,300)$ (8,000)$ (8,000)$ (8,000)$ (8,000)$ (8,000)$ (8,000)$ Net Increase (Decrease)8,527$ 19,645$ 8,300$ (4,575)$ (72,288)$ 3,994$ 12,038$ 11,929$ Ending Working Capital (26,115)$ (6,470)$ 1,830$ (186)$ (70,458)$ (66,464)$ (54,426)$ (42,497)$ 57Town Council Page 403 of 437 Meeting Date: August 25, 2015 Other Funds 58Town Council Page 404 of 437 Meeting Date: August 25, 2015 Court Security Fund ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. Vs. Pro.) Beginning Fund Balance $ ‐ $ 17,448 $ 22,147 $ 22,526 $ 22,293 $ 21,793 ‐3% Revenues 3,499 4,699 3,146 3,788 2,500 3,000 ‐21% Expenditures ‐ ‐ ‐ ‐ ‐ ‐ N/A Other Sources (Uses) 13,949 ‐ (3,000) (3,000) (3,000) (3,000) 0% Net Increase (Decrease)17,448 4,699 146 788 (500) ‐ N/A Ending Fund Balance 17,448$ 22,147$ 22,293$ 23,314$ 21,793$ 21,793$ ‐7% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ $‐ $5,000 $10,000 $15,000 $20,000 $25,000 Ending Fund Balance Court Security FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Beginning Fund Balance ‐$ 17,448$ 22,147$ 22,526$ 22,293$ 21,793$ 21,793$ 21,893$ Revenue Municipal Court Security Fee 3,499$ 4,699$ 3,146$ 3,788$ 2,500$ 3,000$ 3,100$ 3,200$ Total Revenue 3,499$ 4,699$ 3,146$ 3,788$ 2,500$ 3,000$ 3,100$ 3,200$ Total Expenditures ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ Other Sources (Uses) Transfer In 13,949$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ Transfer Out ‐ ‐ (3,000) (3,000) (3,000) (3,000) (3,000) (3,000) Total Other Sources (Uses) 13,949$ ‐$ (3,000)$ (3,000)$ (3,000)$ (3,000)$ (3,000)$ (3,000)$ Net Increase (Decrease) 17,448$ 4,699$ 146$ 788$ (500)$ ‐$ 100$ 200$ Ending Fund Balance 17,448$ 22,147$ 22,293$ 23,314$ 21,793$ 21,793$ 21,893$ 22,093$ 59Town Council Page 405 of 437 Meeting Date: August 25, 2015 Court Technology Fund ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. Vs. Pro.) Beginning Fund Balance $ ‐ $ 32,514 $ 38,780 $ 22,071 $ 23,960 $ 21,437 ‐3% Revenues 4,510 6,265 6,944 5,000 3,400 4,000 ‐20% Expenditures (1,240) ‐ (21,764) (5,730) (5,923) (5,200)‐9% Other Sources (Uses) 29,244 ‐ ‐ ‐ ‐ ‐ N/A Net Increase (Decrease) 32,514 6,265 (14,819) (730) (2,523) (1,200) 64% Ending Fund Balance $ 32,514 $ 38,780 $ 23,960 $ 21,341 $ 21,437 $ 20,237 ‐5% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ $‐ $5,000.00 $10,000.00 $15,000.00 $20,000.00 $25,000.00 $30,000.00 $35,000.00 $40,000.00 $45,000.00 Ending Fund Balance Court Technology FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Beginning Fund Balance ‐$ 32,514$ 38,780$ 22,071$ 23,960$ 21,437$ 20,237$ 19,072$ Revenue Municipal Court Technology Fee 4,510$ 6,265$ 4,194$ 5,000$ 3,400$ 4,000$ 4,135$ 4,270$ Miscellaneous Revenue ‐ ‐ 2,750 ‐ ‐ ‐ ‐ ‐ Total Revenue 4,510$ 6,265$ 6,944$ 5,000$ 3,400$ 4,000$ 4,135$ 4,270$ Expenditures Services & Supplies Software & Support ‐$ ‐$ 2,494$ 5,730$ 5,118$ 5,200$ 5,300$ 5,400$ Hardware 1,240 ‐ 5,830 ‐ 805 ‐ ‐ ‐ Total Services & Supplies 1,240$ ‐$ 8,324$ 5,730$ 5,923$ 5,200$ 5,300$ 5,400$ Capital Capital Expenses ‐$ ‐$ 13,440$ ‐$ ‐$ ‐$ ‐$ ‐$ Total Capital Expenses ‐$ ‐$ 13,440$ ‐$ ‐$ ‐$ ‐$ ‐$ Total Expenditures 1,240$ ‐$ 21,764$ 5,730$ 5,923$ 5,200$ 5,300$ 5,400$ Other Sources (Uses) Transfer In 29,244$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ Total Other Sources (Uses) 29,244$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ Net Increase (Decrease) 32,514$ 6,265$ (14,819)$ (730)$ (2,523)$ (1,200)$ (1,165)$ (1,130)$ Ending Fund Balance 32,514$ 38,780$ 23,960$ 21,341$ 21,437$ 20,237$ 19,072$ 17,942$ 60Town Council Page 406 of 437 Meeting Date: August 25, 2015 Crime Control Prevention District Fund ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. Vs. Pro.) Beginning Fund Balance $ ‐ $ ‐ $ 23,007 $ 92,246 $ 93,746 $ 38,491 ‐58% Revenues ‐ 23,007 141,900 147,272 166,461 186,433 27% Expenditures ‐ ‐ (71,161) (83,464) (221,716) (182,400) 119% Other Sources (Uses) ‐ ‐ ‐ (75,000) ‐ ‐ ‐100% Net Increase (Decrease)‐ 23,007 70,740 (11,192) (55,255) 4,033 ‐136% Ending Fund Balance ‐$ 23,007$ 93,746$ 81,054$ 38,491$ 42,524$ ‐48% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ $‐ $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 $100,000 Ending Fund Balance CCPD FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Beginning Fund Balance ‐$ ‐$ 23,007$ 92,246$ 93,746$ 38,491$ 42,524$ 38,369$ Revenue Sales Tax ‐$ 23,007$ 141,855$ 147,272$ 166,361$ 186,433$ 217,345$ 222,488$ Interest Income ‐ ‐ 45 ‐ 100 ‐ ‐ ‐ Total Revenue ‐$ 23,007$ 141,900$ 147,272$ 166,461$ 186,433$ 217,345$ 222,488$ Expenditures Services & Supplies Uniforms ‐$ ‐$ ‐$ ‐$ 5,400$ 6,400$ 5,500$ 6,000$ Small Equipment ‐ ‐ 27,564 36,285 48,816 51,000 24,000 32,500 Total Services & Supplies ‐$ ‐$ 27,564$ 36,285$ 54,216$ 57,400$ 29,500$ 38,500$ Capital Capital Outlay ‐$ ‐$ 43,597$ 47,179$ 167,500$ 125,000$ 42,000$ 30,500$ Total Capital ‐$ ‐$ 43,597$ 47,179$ 167,500$ 125,000$ 42,000$ 30,500$ Total Expenditures ‐$ ‐$ 71,161$ 83,464$ 221,716$ 182,400$ 71,500$ 69,000$ Other Sources (Uses) Transfer Out ‐$ ‐$ ‐$ (75,000)$ ‐$ ‐$ (150,000)$ (150,000)$ Total Other Sources (Uses)‐$ ‐$ ‐$ (75,000)$ ‐$ ‐$ (150,000)$ (150,000)$ Net Increase (Decrease)‐$ 23,007$ 70,740$ (11,192)$ (55,255)$ 4,033$ (4,155)$ 3,488$ Ending Fund Balance ‐$ 23,007$ 93,746$ 81,054$ 38,491$ 42,524$ 38,369$ 41,857$ 61Town Council Page 407 of 437 Meeting Date: August 25, 2015 Economic Development Corporation 4B Fund ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. Vs. Pro.) Beginning Fund Balance $ 341,135 $ 382,708 $ 188,704 $ 332,636 $ 339,715 $ 495,753 49% Revenues 161,241 246,997 326,901 327,572 354,914 370,956 13% Expenditures (119,668) (441,001) (175,890) (324,960) (198,876) (362,477) 12% Net Increase (Decrease) 41,573 (194,004) 151,011 2,612 156,038 8,479 225% Ending Fund Balance $ 382,708 $ 188,704 $ 339,715 $ 335,248 $ 495,753 $ 504,231 50% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ $‐ $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 Ending Fund Balance EDC 4B FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Beginning Fund Balance 341,135$ 382,708$ 188,704$ 332,636$ 339,715$ 495,753$ 504,231$ 563,228$ Revenue Sales Tax ‐ General 147,391$ 246,997$ 322,784$ 327,272$ 354,614$ 370,506$ 432,273$ 442,502$ Advertising Revenue 13,850 ‐ ‐ ‐ ‐ ‐ ‐ ‐ NTX Magazine Revenue ‐ ‐ 3,938 ‐ ‐ ‐ ‐ ‐ Interest Income ‐ ‐ 179 300 300 450 600 900 Total Revenue 161,241$ 246,997$ 326,901$ 327,572$ 354,914$ 370,956$ 432,873$ 443,402$ Expenditures Auditing 1,000$ 3,500$ 1,000$ 1,000$ 1,000$ 1,000$ 1,000$ 1,000$ Election ‐ 6,116 ‐ ‐ ‐ ‐ ‐ ‐ Advertising 12,953 2,910 7,704 3,000 3,780 5,200 6,900 6,400 Printing ‐ ‐ 1,000 500 ‐ 500 500 750 Discover Trophy Club Magazine ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Schools & Training 1,766 1,955 1,430 2,120 270 1,310 1,310 1,310 Dues & Membership 300 400 650 1,050 600 1,050 1,150 1,150 Travel & Per Diem 2,396 153 132 1,533 30 694 694 694 Office Supplies 872 522 220 400 250 250 250 250 Community Events ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Miscellaneous Expense 2,983 12,427 6,059 7,100 5,234 7,950 9,950 9,950 EDC Projects 23,464 123,285 36,133 11,850 3,900 3,750 11,350 3,950 Incentive Programs ‐ ‐ ‐ 140,773 93,848 140,773 140,773 140,773 Transfer to General Fund 47,151 55,200 66,597 155,634 89,964 ‐ ‐ ‐ Transfer to Debt Service 26,783 234,533 54,964 ‐ ‐ 200,000 200,000 200,000 Total Expenditures 119,668$ 441,001$ 175,890$ 324,960$ 198,876$ 362,477$ 373,877$ 366,227$ Net Increase (Decrease) 41,573$ (194,004)$ 151,011$ 2,612$ 156,038$ 8,479$ 58,996$ 77,175$ Ending Fund Balance 382,708$ 188,704$ 339,715$ 335,248$ 495,753$ 504,231$ 563,228$ 640,403$ 62Town Council Page 408 of 437 Meeting Date: August 25, 2015 Hotel Occupancy Tax ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. Vs. Pro.) Beginning Fund Balance $ 1,890 $ 1,321 $ 87,225 $ 285,590 $ 283,481 $ 451,931 58% Revenues 20,575 108,181 235,959 233,716 252,450 355,020 52% Expenditures (21,144) (22,277) (39,703) (38,825) (84,000) (155,825) 301% Other Sources (Uses) ‐ ‐ ‐ ‐ ‐ (100,000) N/A Net Increase (Decrease) (569) 85,904 196,256 194,891 168,450 99,195 ‐49% Ending Fund Balance 1,321$ 87,225$ 283,481$ 480,481$ 451,931$ 551,126$ 15% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ $‐ $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 Ending Fund Balance Hotel Occupancy FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Beginning Fund Balance 1,890$ 1,321$ 87,225$ 285,590$ 283,481$ 451,931$ 551,126$ 714,125$ Revenue Hotel Occupancy Tax 20,543$ 108,170$ 235,796$ 233,416$ 252,000$ 354,520$ 458,065$ 462,646$ Interest Income 32 11 163 300 450 500 600 900 Total Revenue 20,575$ 108,181$ 235,959$ 233,716$ 252,450$ 355,020$ 458,665$ 463,546$ Expenditures Advertising ‐$ ‐$ ‐$ ‐$ ‐$ 83,000$ 84,500$ 64,500$ Printing ‐ ‐ ‐ ‐ 15,000 ‐ 35,000 ‐ Event Rentals 20,719 22,277 39,703 38,825 45,000 46,825 49,166 51,624 July 4 Celebration 425 ‐ ‐ ‐ 24,000 26,000 27,000 28,000 Total Expenditures 21,144$ 22,277$ 39,703$ 38,825$ 84,000$ 155,825$ 195,666$ 144,124$ Other Sources (Uses) Transfer Out ‐$ ‐$ ‐$ ‐$ ‐$ (100,000)$ (100,000)$ (100,000)$ Total Other Sources (Uses)‐$ ‐$ ‐$ ‐$ ‐$ (100,000)$ (100,000)$ (100,000)$ Net Increase (Decrease)(569)$ 85,904$ 196,256$ 194,891$ 168,450$ 99,195$ 162,999$ 219,422$ Ending Fund Balance 1,321$ 87,225$ 283,481$ 480,481$ 451,931$ 551,126$ 714,125$ 933,547$ 63Town Council Page 409 of 437 Meeting Date: August 25, 2015 Street Maintenance Sales Tax Fund ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. Vs. Pro.) Beginning Fund Balance $ 34,750 $ 75,999 $ 46,700 $ 24,268 $ 39,915 $ 52,220 115% Revenues 147,391 148,159 161,392 163,636 177,307 185,253 13% Expenditures (94,191) (139,010) (154,890) (131,300) (140,002) (160,412) 22% Other Sources (Uses) (11,951) (38,448) (13,287) (25,000) (25,000) (25,000) 0% Net Increase (Decrease) 41,249 (29,299) (6,785) 7,336 12,305 (159)‐102% Ending Fund Balance $ 75,999 $ 46,700 $ 39,915 $ 31,604 $ 52,220 $ 52,061 65% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ POSITION TITLE FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED STREET MAINTENANCE WORKER 0.7 0.7 0.7 TOTAL FTEs 0.7 0.7 0.7 PERSONNEL SCHEDULE $‐ $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 Ending Fund Balance 64Town Council Page 410 of 437 Meeting Date: August 25, 2015 Street Maintenance FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Beginning Fund Balance 34,750$ 75,999$ 46,700$ 24,268$ 39,915$ 52,220$ 52,061$ 81,297$ Revenue Sales Tax 147,391$ 148,159$ 161,392$ 163,636$ 177,307$ 185,253$ 216,137$ 221,251$ Total Revenue 147,391$ 148,159$ 161,392$ 163,636$ 177,307$ 185,253$ 216,137$ 221,251$ Expenditures Personnel Salaries 17,821$ 22,799$ 16,110$ 22,041$ 21,700$ 22,612$ 23,403$ 24,106$ Overtime 114 174 317 ‐ 1,350 ‐ ‐ ‐ Longevity 160 340 405 ‐ ‐ 59 94 129 Stipend ‐ 720 864 540 360 525 525 525 Retirement 2,517 3,365 2,615 3,814 3,160 3,016 3,122 3,215 Medical insurance 2,962 3,652 2,443 5,087 5,000 5,250 5,513 5,788 Dental Insurance 198 261 167 392 440 408 428 450 Vision Insurance 47 59 37 99 102 97 97 97 Life Insurance & Other 142 388 146 246 230 245 254 261 Social Security Taxes 1,173 1,490 1,119 1,367 1,194 1,406 1,455 1,499 Medicare Taxes 280 348 262 327 296 336 346 356 Unemployment Taxes 160 6 149 149 90 145 149 154 Workman's Compensation 972 1,166 1,630 1,338 1,185 1,373 1,414 1,457 Total Personnel 26,546$ 34,768$ 26,264$ 35,400$ 35,107$ 35,472$ 36,800$ 38,037$ Services & Supplies Vehicle Maintenance ‐$ 883$ 1,565$ 3,700$ 3,700$ 3,700$ 3,700$ 3,700$ Street Maintenance 41,495 69,958 99,456 70,000 50,000 100,000 100,000 100,000 Signs & Markings 23,166 27,790 19,687 15,000 43,995 15,000 15,000 15,000 Fuel 2,984 5,611 7,892 6,500 6,500 5,540 5,700 5,900 Small Tools ‐ ‐ ‐ 700 700 700 700 700 Miscellaneous Expense ‐ ‐ 25 ‐ ‐ ‐ ‐ ‐ Total Service & Supplies 67,645$ 104,242$ 128,626$ 95,900$ 104,895$ 124,940$ 125,100$ 125,300$ Total Expenditures 94,191$ 139,010$ 154,890$ 131,300$ 140,002$ 160,412$ 161,900$ 163,337$ Other Sources (Uses) Transfer Out (11,951)$ (38,448)$ (13,287)$ (25,000)$ (25,000)$ (25,000)$ (25,000)$ (25,000)$ Total Sources Other (Uses) (11,951)$ (38,448)$ (13,287)$ (25,000)$ (25,000)$ (25,000)$ (25,000)$ (25,000)$ Net Increase (Decreases)41,249$ (29,299)$ (6,785)$ 7,336$ 12,305$ (159)$ 29,236$ 32,915$ Ending Fund Balance 75,999$ 46,700$ 39,915$ 31,604$ 52,220$ 52,061$ 81,297$ 114,212$ 65Town Council Page 411 of 437 Meeting Date: August 25, 2015 Tax Incremental Reinvestment Zone #1 ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. Vs. Pro.) Beginning Fund Balance $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 8,291 N/A Revenues ‐ ‐ ‐ 8,766 8,291 7,095 ‐19% Expenditures $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ N/A Other Sources (Uses) ‐ ‐ ‐ ‐ ‐ ‐ N/A Net Increase (Decrease) $ ‐ $ ‐ $ ‐ $ 8,766 $ 8,291 $ 7,095 ‐19% Ending Fund Balance $ ‐ $ ‐ $ ‐ $ 8,766 $ 8,291 $ 15,386 76% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐Projected Year‐‐‐‐‐ $‐ $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Ending Fund Balance TIRZ#1 FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Beginning Fund Balance ‐$ ‐$ ‐$ ‐$ ‐$ 8,291$ 15,386$ 119,748$ Revenue Property Tax ‐$ ‐$ ‐$ 8,291$ 8,291$ 6,095$ 75,000$ 95,000$ Sales Tax ‐ ‐ ‐ 475 ‐ 1,000 29,362 37,619 Total Revenue ‐$ ‐$ ‐$ 8,766$ 8,291$ 7,095$ 104,362$ 132,619$ Total Expenditures ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ Total Other Sources (Uses)‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ Net Increase (Decrease)‐$ ‐$ ‐$ 8,766$ 8,291$ 7,095$ 104,362$ 132,619$ Ending Fund Balance ‐$ ‐$ ‐$ 8,766$ 8,291$ 15,386$ 119,748$ 252,367$ 66Town Council Page 412 of 437 Meeting Date: August 25, 2015 Recreational Program Fund ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. Vs. Pro.) Beginning Fund Balance $ ‐ $ ‐ $ ‐ $ 4,000 $ 2,812 $ 2,812 ‐30% Revenues ‐ ‐ 15,593 4,000 6,500 8,000 100% Expenditures ‐ ‐ (12,781) (4,000) (6,500) (8,000) 100% Net Increase (Decrease) ‐ ‐ 2,812 ‐ ‐ ‐ N/A Ending Fund Balance $ ‐ $ ‐ $ 2,812 $ 4,000 $ 2,812 $ 2,812 ‐30% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Projected Year‐‐‐‐‐ $‐ $500.00 $1,000.00 $1,500.00 $2,000.00 $2,500.00 $3,000.00 $3,500.00 $4,000.00 $4,500.00 Ending Fund Balance Recreation Program Fund FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Beginning Fund Balance ‐$ ‐$ ‐$ 4,000$ 2,812$ 2,812$ 2,812$ 2,812$ Revenue Recreation Programs ‐$ ‐$ 15,593$ 4,000$ 6,500$ 8,000$ 8,500$ 9,000$ Total Revenue ‐$ ‐$ 15,593$ 4,000$ 6,500$ 8,000$ 8,500$ 9,000$ Expenditures Recreational Programs ‐$ ‐$ 12,781$ 4,000$ 6,500$ 8,000$ 8,500$ 9,000$ Total Expenditures ‐$ ‐$ 12,781$ 4,000$ 6,500$ 8,000$ 8,500$ 9,000$ Net Increase (Decrease)‐$ ‐$ 2,812$ ‐$ ‐$ ‐$ ‐$ ‐$ Ending Fund Balance ‐$ ‐$ 2,812$ 4,000$ 2,812$ 2,812$ 2,812$ 2,812$ 67Town Council Page 413 of 437 Meeting Date: August 25, 2015 25th Anniversary Fund ‐Budget‐ Financial Summary FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED % Change (Bud. Vs. Pro.) Beginning Fund Balance $ 2,114 $ 2,114 $ 2,114 $ 2,114 $ 2,812 $ 5,312 151% Revenues ‐ ‐ ‐ ‐ 10,700 ‐ N/A Expenditures ‐ ‐ ‐ ‐ (8,200) ‐ N/A Net Increase (Decrease) ‐ ‐ ‐ ‐ 2,500 ‐ N/A Ending Fund Balance $ 2,114 $ 2,114 $ 2,812 $ 2,114 $ 5,312 $ 5,312 151% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Past‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Projected Year‐‐‐‐‐ $‐ $1,000.00 $2,000.00 $3,000.00 $4,000.00 $5,000.00 $6,000.00 Ending Fund Balance 25th Anniversary Fund FY 2012 ACTUAL FY 2013 ACTUAL FY 2014 ACTUAL FY 2015 BUDGET FY 2015 ESTIMATE FY 2016 PROPOSED FY 2017 PROJECTED FY 2018 PROJECTED Beginning Fund Balance 2,114$ 2,114$ 2,114$ 2,114$ 2,812$ 5,312$ 5,312$ 5,312$ Revenue Miscellaneous Contributions ‐$ ‐$ ‐$ ‐$ 10,700$ ‐$ ‐$ ‐$ Total Revenue ‐$ ‐$ ‐$ ‐$ 10,700$ ‐$ ‐$ ‐$ Expenditures Community Events ‐$ ‐$ ‐$ ‐$ 8,200$ ‐$ ‐$ ‐$ Total Expenditures ‐$ ‐$ ‐$ ‐$ 8,200$ ‐$ ‐$ ‐$ Net Increase (Decrease)‐$ ‐$ ‐$ ‐$ 2,500$ ‐$ ‐$ ‐$ Ending Fund Balance 2,114$ 2,114$ 2,812$ 2,114$ 5,312$ 5,312$ 5,312$ 5,312$ 68Town Council Page 414 of 437 Meeting Date: August 25, 2015 Project Name Fund Funding Source Project Phase Description Total Prior Funding FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Total Annual Operating Budget Impact Pin Oak Court Capital Projects Fund / Storm Drainage Fund 2014 Tax Note / Fund Balance / Drainage Fund Operations Construction Reconstruction of a neighborhood street and any needed storm drainage infrastructure repair or replacement 59,000$ 277,739$ -$ -$ -$ -$ 336,739$ -$ Timberline Court Capital Projects Fund 2014 Tax Note / Fund Balance Construction Reconstruction of a neighborhood street and any needed storm drainage infrastructure repair or replacement $ 24,000 $ 155,858 $ - $ - $ - $ - $ 179,858 $ - Pebble Beach Drive Capital Projects Fund / Storm Drainage Fund 2013 CO / 2014 Tax Note / Fund Balance / Drainage Fund Operations Construction Reconstruction of Pebble Beach Drive from Indian Creak to North Cul-De-Sac $ 400,000 $ 333,934 $ - $ - $ - $ - $ 733,934 $ - Cypress Court Drainage Inlets Storm Drainage Fund 2013 CO / Drainage Fund Operations Construction Install drainage inlets along Cypress Court $ 74,756 $ 20,000 $ - $ - $ - $ - $ 94,756 $ - Broadway Creek Improvements and Amenity Lake Slopes Storm Drainage Fund 2013 CO / Drainage Fund Operations Engineering Drainage improvements to Broadway Creek and Amenity Lake Slopes 48,845$ 100,000$ -$ -$ -$ -$ 148,845$ -$ Municipal and Police Services Facility Capital Projects Fund 2012 Tax Note / 2014 CO / Proposed Bonds/ CCPD / Fund Balance Engineering Construction of joint Town Hall / Police Station on land purchased with 2014 CO off of Trophy Wood Drive -$ 6,000,000$ 2,500,000$ -$ -$ -$ 8,500,000$ 100,000$ Trophy Club Dr. (Roundabout to Meadow Creek) Capital Projects Fund Proposed Bonds / Fund Balance Engineering Paving and storm drainage improvements from the roundabout to Meadow Creek -$ 2,000,000$ 1,235,000$ -$ -$ -$ 3,235,000$ -$ Lakeview Practice Soccer Fields Capital Projects Fund 2014 Tax Note / Fund Balance Engineering Construct youth (under age eight) practice soccer fields on leased land from NISD by Lakeview Elementary $ 150,000 $ 50,000 $ - $ - $ - $ - $ 200,000 $ 12,765 Park Monument Signs Capital Projects Fund 2010 Tax Note Planning Replaces monument signs at Harmony Park, Independence Park West, and the Pool and adds a sign at Freedom Park $ - $ 41,000 $ - $ - $ - $ - $ 41,000 $ - Harmony Park Toddler Playground and Shade Structure General Fund General Fund Operations Planning Replaces the NEOS system at Harmony Park with a small toddler playground and shade stucture $ - $ 72,000 $ - $ - $ - $ - $ 72,000 $ 1,000 Subtotal: Projects in Progress/Currently Funded 756,601$ 9,050,531$ 3,735,000$ -$ -$ -$ 13,542,132$ 113,765$ Town of Trophy Club - Five-Year Capital Improvement Program Projects in Progress and Currently Funded Projects 69Town Council Page 415 of 437 Meeting Date: August 25, 2015 Project Name Fund Funding Source Project Phase Description Total Prior Funding FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Total Annual Operating Budget Impact Indian Creek Drive Capital Projects Fund / Storm Drainage Fund Proposed Bonds Planning Reconstruction of Indian Creek Drive from Meadowbrook to Harmony Park $ - $ - $ - $ 1,256,000 $ 1,000,000 $ - $ 2,256,000 $ - Trophy Club Drive Capital Projects Fund / Storm Drainage Fund Proposed Bonds Planning Street reconstruction southbound from Durango to Bobcat $ - $ - $ - $ 1,000,000 $ 770,000 $ - $ 1,770,000 $ - Phoenix Drive Capital Projects Fund / Storm Drainage Fund Proposed Bonds Planning Reconstruction of a neighborhood street and any needed storm drainage infrastructure repair or replacement -$ -$ -$ -$ 578,813$ 245,000$ 823,813$ -$ Trophy Lake Drive Capital Projects Fund / Storm Drainage Fund Proposed Bonds Planning Street reconstruction from Village Trail to SH 114 $ - $ - $ - $ - $ 750,000 $ 397,000 $ 1,147,000 $ - Municipal Drive Street Maintenance Sales Tax Fund Street Maintenance Sales Tax Planning Street reconstruction $ - $ - $ - $ - $ - $ 70,499 $ 70,499 $ - Subtotal: Future Funded Projects -$ -$ -$ 2,256,000$ 3,098,813$ 712,499$ 6,067,312$ -$ Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Storm Drainage FundBobcat Blvd.Drainage system improvements Fiscal Year 2024 Llano Drive Street reconstruction Fiscal Year 2024 T.W. King Parking Area / Emergency Exit Parking lot / emergency exit construction Fiscal Year 2024 Glendale Court Street reconstruction Fiscal Year 2023 Ross Court Street reconstruction Fiscal Year 2024 Wilshire Court Street reconstruction Fiscal Year 2023 Lee Court Street reconstruction Fiscal Year 2023 Woodlands Court Street reconstruction Fiscal Year 2022 Portland Drive Street reconstruction Fiscal Year 2022 Troon Court Drive Street reconstruction from Indian Creek to cul-de-sac Fiscal Year 2022 Murfield Court Street reconstruction Fiscal Year 2022 Future Funded Projects Future Consideration (Unfunded Projects) Project Name Description Projected Start Date 70Town Council Page 416 of 437 Meeting Date: August 25, 2015 Changes to Proposed Budget since 7-31-15 General Fund 1.Sales Tax decreased $5,786 based on August collections and the FY 15 estimate decreased $5,653 2.Franchise Fee increased $6,211 based on 3rd quarter collections and the FY 15 estimate increased $3,713 3.Community Development expenditures decreased $4,908 based on benefit elections of previously vacant position 4.Police expenditures decreased $93 based on Full Time Equivalent true-up for Crossing Guards and FY 15 estimate increase $2850 due to increased building maintenance costs Street Maintenance Sales Tax 1.Sales Tax decreased $1,446 based on August collections and the FY 15 estimate decreased $1,413 EDC 4B 1.Sales Tax decreased $2,893 based on August collections and the FY 15 estimate decreased $2,826 Debt Service Fund 1.Due to the 2007 GO refunding estimates related to Bond Issuance Costs ($42,736) and Refunding Costs ($2,026,710) were offset by Bond Proceeds ($2,030,000) 2.Property Tax revenue increase of $2,131 Town Council Page 417 of 437 Meeting Date: August 25, 2015 © 20 1 1 P l a y w o r l d S y s t e m s ®, I n c . HARMONY PARK City of Trophy Club 49 1 51 0 - 1 A Town Council Page 418 of 437 Meeting Date: August 25, 2015 © 20 1 1 P l a y w o r l d S y s t e m s ®, I n c . HARMONY PARK City of Trophy Club Town Council Page 419 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0546-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Discuss and provide direction to Town Staff regarding repealing Ordinance No. 2011-01, creating the Citizen Financial Advisory Board. Attachments: Action ByDate Action ResultVer. Discuss and provide direction to Town Staff regarding repealing Ordinance No. 2011-01, creating the Citizen Financial Advisory Board. Town Council Page 420 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0547-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Town Council Liaison Updates; discussion of same: * Parks and Recreation Board, August 17, 2015 Council Liaison - Council Member Philip Shoffner Attachments: Action ByDate Action ResultVer. Town Council Liaison Updates; discussion of same: * Parks and Recreation Board, August 17, 2015 Council Liaison - Council Member Philip Shoffner Town Council Page 421 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0548-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Lakeview Soccer Fields *Human Resources Manager Attachments: Action ByDate Action ResultVer. Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Lakeview Soccer Fields *Human Resources Manager Town Council Page 422 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0549-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2015 Town Council On agenda:Final action:8/25/2015 Title:Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for September 8, 2015 meeting and discussion of Future Agenda Items, to include discussion of the below items from the Future Agenda list: A) 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) (4-August 11) B) Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1- Nov 13) (2-Feb 24) (3-May 26) (4-August 11) C) Consider and take appropriate action regarding reviewing schedules of fees for outside baseball tournaments and capacity. (Lamont 12/9/2014) (1-March 10) (2-June 9) (3-August 25) D) Discussion of possible uses of hotel occupancy tax funds, including the ability to use the funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14) E) Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July 28) F) Review of ordinance to allow golf carts but not including special vehicles. (Sanders 4/28/2015) (1-July 28) G) Review the overnight parking permit and review allowing an extended temporary permit. (Sanders 5/26/2015) (1-August 25) H) Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25) I) Town Staff research and present options for the Town to purchase the clock tower and the land around it. (Reed 5/26/2015) (1-August 25) Attachments:September 8, 2015 Upcoming Agenda.pdf Items for Future Agendas updated 8-18-2015.pdf Action ByDate Action ResultVer. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for September 8, 2015 meeting and discussion of Future Agenda Items, to include discussion of the below items from the Future Agenda list: A) 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) (4-August 11) B) Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1-Nov 13) (2-Feb 24) (3-May 26) (4-August 11) C) Consider and take appropriate action regarding reviewing schedules of fees for outside baseball tournaments and capacity. (Lamont 12/9/2014) (1-March 10) (2-June 9) (3-August 25) D) Discussion of possible uses of hotel occupancy tax funds, including the ability to use the funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14) E) Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July 28) F) Review of ordinance to allow golf carts but not including special vehicles. (Sanders 4/28/2015) (1-July 28) G) Review the overnight parking permit and review allowing an extended temporary permit. (Sanders 5/26/2015) (1- August 25) H) Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25) I) Town Staff research and present options for the Town to purchase the clock tower and the land around it. (Reed 5/26/2015) (1-August 25) Town Council Page 423 of 437 Meeting Date: August 25, 2015 File #:2015-0549-T,Version:1 Town Council Page 424 of 437 Meeting Date: August 25, 2015 Meeting Date 9/8/2015 JOINT MEETING WITH CCPD (if applicable) Consent STAFF RPT RES ORD PROC File ID Dept Consider and take appropriate action regarding the Minutes dated August 11, 2015.Town Sec Consider and take appropriate action regarding an Agreement between the Town and Allied Waste for solid waste collection and recycling transportation and disposal services;and authorizing the Mayor or his designee to execute all necessary documents. Asst Town Mgr Consider and take appropriate action regarding an Agreement between the Town and Atmos Energy;and authorizing the Mayor or his designee to execute all necessary documents. Asst Town Mgr Public Hearing STAFF RPT RES ORD PROC File ID Dept Conduct a Public Hearing regarding the First Public Hearing for the proposed fiscal year October 1, 2015 to September 30, 2016 budget pursuant to Section 9.05 of the Town Charter; making appropriations and providing for expenditures. Asst Town Mgr Conduct a Public Hearing regarding the Second Public Hearing for the proposed tax rate for fiscal year October 1, 2015 to September 30, 2016,and Mayor to announce the date, time and place of the vote on the tax rate. Asst Town Mgr Regular Session STAFF RPT RES ORD PROC File ID Dept Receive public input regarding the Police and Town Hall facility.Town Sec Consider and take appropriate action regarding a Resolution accepting proposed SAP and set public hearing date. Asst Town Mgr Consider and take appropriate action regarding an Agreement for Professional Engineering Services between the Town and GSBS Architects for the Police and Town Hall facility; and authorizing the Mayor or his designee to execute all necessary documents. Town Mgr Discuss and take appropriate action regarding Lakeview Elementary soccer fields; and receive an update from Town Engineer Tom Rutledge.Town Mgr Consider and take appropriate action regarding a Non-Exclusive Use Agreement between the Town and KTCW for the Community Garden project.Parks Schedule of Fees for Trophy Club Park Parks Town Council Liaison Updates; discussion of same: Town Sec Town Manager Seidel's update regarding the following; discussion and provide input regarding same.Town Mgr Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for September 22, 2015 meeting and discussion of Future Agenda Items. Town Sec Executive Session STAFF RPT RES ORD PROC File ID Dept 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: Town Sec Regular Session STAFF RPT RES ORD PROC File ID Dept Consider and take appropriate action regarding the Executive Session.Town Sec Town Council Page 425 of 437 Meeting Date: August 25, 2015 Town Council Future Agenda Items List (Updated 8/18/2015) 1. 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) (4-August 11) 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. 5/12/2015 – No new update provided. 7/15/2015 – Will be placed on the August 25, 2015 agenda for an update. 2. Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1- Nov 13) (2-Feb 24) (3-May 26) (4-August 11) 2/24/2015 – Acting Town Manager Seidel provided update (waiting to fill vacant Planning position). 5/12/2015 – Mayor Sanders provided an update that this item will be discussed once the vacant Planning position is filled. 7/15/2015 – Will be placed on the August 25, 2015 agenda for an update. 3. Consider and take appropriate action regarding parking on Parkview and Park Lane, and options for Police Department mitigation, to include adding a parking lot between the baseball fields. (Rowe 9/9/2014) (1-Jan 13) (2-April 14) (3-July 14) (Reed 8/11/2015) (1- November 10) 2/10/2015 – Discussed and staff will work on school and traffic counts. 4/14/2015 – Received an update from Police Chief Arata proposing to let the current school year finish and then look at the option of removing the no parking restriction on Parkview from Park Lane south to Durango (currently working with the school). 7/14/2015 – Update provided that this item is scheduled to be placed for action on the August 11, 2015 agenda. 8/11/2015 – Council approved Ordinance No. 2015-18 regarding parking on Parkview and Park Lane; Council Member Reed asked to add to the item the ability to add a parking lot between the baseball fields. 4. Consider and take appropriate action regarding reviewing schedules of fees for outside baseball tournaments and capacity. (Lamont 12/9/2014) (1-March 10) (2-June 9) (3-August 25) Note: Town Manager Seidel is meeting with Baseball President during the week of March 9th. 5/26/2015 – Council appointed an Organized Sports Council subcommittee to work with Town Staff and representatives of Sports Associations and other organized sports groups. 5. Discussion of possible uses of hotel occupancy tax funds, including the ability to use the funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14) 7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda. 6. Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July 28) 7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda. 7. Review of ordinance to allow golf carts but not including special vehicles. (Sanders 4/28/2015) (1-July 28) 7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda. Page 1 of 2 Town Council Page 426 of 437 Meeting Date: August 25, 2015 8. Receive an update only regarding the Holiday Inn and have the owner and general contractor present in order to inform the citizens of their status. (Reed 4/28/15) (1-July 28) (2-October 13) 7/14/2015 – Town Manager Seidel provided an update that Holiday Inn is making progress and that Town Staff has been meeting with their Structural Engineer. 9. Review the overnight parking permit and review allowing an extended temporary permit. (Sanders 5/26/2015) (1-August 25) 10. Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25) 11. Town Staff research and present options for the Town to purchase the clock tower and the land around it. (Reed 5/26/2015) (1-August 25) 12. Discuss authorizing the Mayor to issue a proclamation to lower flags to half staff at times of National tragedy when the current Administration chooses to delay doing so. (Parrow 7/28/2015) (1-October 27) Page 2 of 2 Town Council Page 427 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0560-T Name: Status:Type:Agenda Item Executive Session File created:In control:8/19/2015 Town Council On agenda:Final action:8/25/2015 Title:Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071(1) Consultation with Attorney regarding pending or contemplated litigation and Section 551.071(2) “Consultation with Attorney” in order to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Legal Advice regarding litigation threatened against the Town by Trophy Club Municipal Utility District No. 1 relative to the Wastewater Treatment Facility Attachments: Action ByDate Action ResultVer. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071(1) Consultation with Attorney regarding pending or contemplated litigation and Section 551.071(2) “Consultation with Attorney” in order to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Legal Advice regarding litigation threatened against the Town by Trophy Club Municipal Utility District No. 1 relative to the Wastewater Treatment Facility Town Council Page 428 of 437 Meeting Date: August 25, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0559-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/19/2015 Town Council On agenda:Final action:8/25/2015 Title:Consider and take appropriate action regarding the Executive Session. Attachments:tcmud1.ltr.adams.wwtp protest and litigation.8.17.15.pdf tcmud1.ltr.adams.wwtp.OFFER.8.19.15.pdf Picture1.pdf 23710D SURVEY.pdf Notice to Town of TC of Sewer Suspension 082015.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Executive Session. Town Council Page 429 of 437 Meeting Date: August 25, 2015 THE LISTON LAW FIRM,P.C. ATTORNEYS AND COUNSELORS P.O.Box 1882 Rowlett, Texas 75030-1882 TEL:972.4-75.2794 FAX:972.4-63.4158 Pamela I-l.Liston pamela .liston(a}listontm ..net August 17,2015 Ms. Patricia Adams,Town Attorney Town of Trophy Club,Texas 100 Municipal Drive Trophy Club, Texas 76262 RE:Wastewater Treatment Plant Upgrades,Second Letter Dear Patricia: This letter is to protest the adverse ruling of the Town against the District at the Tuesday, August 11, 2015 Town Council meeting.As you know,the District requested waivers from the subdivision ordinance that were not approved.The waivers were based on plural legitimate factors including,but not limited to,undue hardship; conflict in town ordinance provisions (the District cannot meet some of the Town ordinance provisions without violating others); the Town's landlocking of District property;the lack of any road,thoroughfare, or comprehensive map or plan causing, supporting, or suggesting the placement of the right-of-way where it is currently being required of the District; the length of time that the wastewater treatment plant upgrade has been designed and in process (which is over a year);the existing structures that will have to be torn down; the TCEQ mandate that the wastewater treatment plant be upgraded to protect the health, safety, and welfare of the public;and the fundamental issue posed from the beginning of the process -that the subdivision ordinance does not apply to the wastewater treatment plant property in the first place. The foregoing list is not exhaustive.You have a copy of the record, and I understand that you were at the meeting, so I know you will recall the myriad of matters discussed in favor of the waivers. This letter is also a follow up to the letter I sent you on July 16,2015 (dated the wrong date of June 16,2015)regarding which I received no response.As I stated in that letter,it is my legal opinion that the Town's subdivision ordinances do not apply to the wastewater treatment plant site. Despite the District's legal position, the District has chosen to try to work with the Town in order to grow and maintain goodwill between the two entities and expedite resolution of the delays. As clearly outlined in my July 16, 2015 correspondence to you, the wastewater treatment plant upgrade involves the most critical of governmental functions and public safety. The District continues to experience delays from the Town that are unsupported by the law and by the totality of the circumstances surrounding this project.The time has come that the District must seriously consider legal action.In addition to the jeopardy of non-compliance with the TCEQ order and subsequent penalties,the delays the Town has caused are now actively damaging the District economically.As I was afraid would happen and outlined in my July 16, 2015 letter to you, costs of delay are beginning to accrue.Delay damages are now accruing at a monthly rate of $74,848.73. There have been other costs incurred by the contractor totaling $228,913.00 for potential total damages of up to $303,761.73 at this point.I I Not all of the $228,913.00 is associated with the delay.The exact percentage of$228,913.00 constituting delay damages is forthcoming from the contractor. Town Council Page 430 of 437 Meeting Date: August 25, 2015 The real crux of this matter is that the Town is requiring the District to meet ordinances that do not apply to the site in question.The wastewater treatment plant has been in existence since prior to June 8, 1987. As has been previously pointed out, the language of the ordinance exempts the wastewater treatment plant site from the permitting requirements under this provision. Furthermore, the District is not a subdivider under the plain meaning of the ordinance. The District is not subdividing any property. The District is not combining any property.The same property that has been in existence since before the Town and the Town's regulations is in existence today. The subdivision regulations that are being thrust upon the District are intended for developers.The District is not a developer.The District is a service provider of the most important of public functions and has reached its ability to do so safely. The District is being mandated to improve its existing facilities by the TCEQ and is doing so within existing parameters of the lot that has existed since before the ordinance's effective date.The delay being caused by the Town under this scenario is unfathomable and unconscionable. The District is not a developer subject to the myriad of requirements of the subdivision ordinance. Simply and fundamentally, the ordinance regulations do not apply to this property. The District's best efforts to cooperate with the Town's requirements have not been fruitful.Part of the issue is that many of the items being required by the Town are in direct conflict with the Town's own ordinances and public requirements.For example, the Town has stated that it will require the District to construct half of the road,but construction of half of a road is prohibited by the Town's ordinance. The Town also refused to allow payment of perimeter fees as required by the ordinance in lieu of construction of the half-road. No road adjacent to the south side of the property has been shown in any document made available to the public, yet the Town persists in requiring the road to be placed in a location that will cause undue hardship for the District and for which the placement has no documented source.Furthermore,the Town's action last Tuesday night will require the District to demolish an existing building which it cannot do without fair compensation. There is the additional matter that the Town has caused many of the problems that it is now trying to force the District to address.It was the Town's decisions that landlocked the wastewater treatment plant property.It was the Town that didn't follow its own plans and maps regarding road placement. It was the Town that re-routed the streets in the nearby neighborhood to accommodate the developer of that property.The Town has not required of any other enterprise what it is requiring of the District.I understand that the golf course plat did not require a right-of-way dedication and did not abut a public road at the time of platting.The Town has approved other plats and plans that have caused the District harm and have landlocked the District at the wastewater treatment plant site.The Town cannot now come to the District requiring it to fix the problems the Town created. Not only is such legally insupportable, in this scenario, the Town is causing the added issue of damages to the District and delay of the critical improvement of the public wastewater system thereby jeopardizing the health, safety,and welfare of the community. I believe you know this would not pass judicial muster. You should also note that the District has received unclear direction from Town staff throughout the process.The District has been given contradictory instructions repeatedly.On numerous occasions, District staff has returned to Town staff after attempting to meet what Town staff had required only to be told that additional work or additional platting or additional plans were needed.This phenomenon occurred as recently as last Tuesday night when District staff was informed that the District would nced to go before the Board of Adjustment for additional matters Town Council Page 431 of 437 Meeting Date: August 25, 2015 to be considered. The District had not been told it would be required to go before the Board of Adjustment prior to that meeting, and we are many months into the process. Another example is the subdivision ordinance stating that the perimeter street cost of improvements "shall be determined by the Town Engineer and made available for the subdivider." Town staff informed District staff that this cost would have to be determined by the Town Attorney.It is a recurring problem that the District is required to meet new, diverse,and differing instructions.The delaying effect of this fragmented and inconsistent approach cannot continue.There is too much on the line with this particular project. Please be advised that the actions of the Town are insupportable by law.I will be giving the District legal advice regarding proceeding with the protection of its rights under the various remedies afforded to it under these facts including the vested rights statute, inverse condemnation, and the Declaratory Judgment Act. As outlined above, there was no plan or map outlining the roadway being required of the District at the time the District began the Town's approval process for the wastewater treatment plant upgrades; the Town cannot take property without fair compensation; and the subdivision regulations being exacted on the District do not apply.I am confident in the District's ability to prevail on these matters. Given the abundance of notice the Town has had regarding these issues,I also believe that attorneys'fees and costs of litigation are likely to be awarded against the Town.If bad faith is discovered,it is foreseeable that punitive damages would also be awarded to the District. This situation cannot continue to get worse. A resolution is imperative.If the Town and District cannot agree on an acceptable resolution that protects the District and the public,the only available recourse will be to seek the intervention of the courts. cc: Jennifer McKnight, General Manager of Trophy Club Municipal Utility District No.1 Town Council Page 432 of 437 Meeting Date: August 25, 2015 THE LISTON LAW FIRM,P. C. ATTORNEYS AND COUNSELORS P.o.Box 1882 Rowlett,Texas 75030-1882 TEL:972.475.2794 FAX:972.463.4158 Pamela H.Liston pamela.liston@;listonlaw.net August 19, 2015 Ms.Patricia Adams,Town Attorney Town of Trophy Club, Texas 100 Municipal Drive Trophy Club, Texas 76262 RE: Wastewater Treatment Plant Upgrades,Offer Letter Dear Patricia: This letter will confirm the terms that you and I discussed last night after the District meeting.The District proposes that the conflict in matters involving the wastewater treatment plant site be resolved as follows: 1.The routing and positioning of the right-of-way to be dedicated to the Town will be in the location approved by the Planning and Zoning Commission (P&Z).(See picture attached to the email through which this letter is transmitted.It is the same picture that was provided to you last night.Also attached to the email is the drawing showing the connector road issue that we discussed last night.) 2. The District will pay a perimeter street fee in an amount determined by the City Engineer for 1/2 of the cost of the roadway.The District proposes to pay the perimeter street fee for the entire length of the property (or, pursuant to your comments last night, less than the entire length of the property if that is what is desired).please provide the perimeter street fee amount. 3.The Town Council will waive any requirement that would cause demolition of any structures on the wastewater treatment plant site.(If the P&Z alignment is utilized, it does not appear that the demolition of structures would be necessary.) This proposal must be considered at the Tuesday, August 25,2015 Town Council meeting with an answer provided to the District no later than the close of business on August 26,2015. As we discussed last night,please note that the District cannot agree to or implement any action that will encumber future District boards.The District believes this is a fair and just offer that will resolve the issues and avoid further delays.The District strongly believes that the action taken by the Town Council at the August 11,2015 Town Council meeting was against its own ordinances and invokes legal protections that would be afforded to the District in a court of law.It is our hope that the offer contained in this letter will be acceptable to the Town and litigation will be avoided. 11Liston rney for Trophy Club Municipal Utility District No.1 cc:Jennifer McKnight, General Manager of Trophy Club Municipal Utility District No.1 Town Council Page 433 of 437 Meeting Date: August 25, 2015 Town Council Page 434 of 437 Meeting Date: August 25, 2015 Town Council Page 435 of 437 Meeting Date: August 25, 2015 T o w n C o u n c i l P a g e 4 3 6 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5 T o w n C o u n c i l P a g e 4 3 7 o f 4 3 7 M e e t i n g D a t e : A u g u s t 2 5 , 2 0 1 5