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Agenda Packet TC 11/10/2015Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMTuesday, November 10, 2015 CALL TO ORDER AND ANNOUNCE A QUORUM 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. INTRODUCTION 1.2015-0741-T Introduction of Police Officer Barry Sullivan with Police K-9 Officer Indy. 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. 2.2015-0720-T Consider and take appropriate action regarding the Minutes dated October 13, 2015. Draft TC Minutes October 13, 2015.pdfAttachments: 3.2015-0721-T Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and Blue Emergency Services Team Emergency Medical Services (BEST EMS) for Medical Director for operations in Emergency Medical Services; and authorizing the Mayor or his designee to execute all necessary documents. Staff Report - Medical Director Agreement.pdf Fire Department EMS Medical Director Agreement.pdf Attachments: Town Council Page 1 of 282 Meeting Date: November 10, 2015 November 10, 2015Town Council Meeting Agenda 4.2015-0740-T Consider and take appropriate action regarding a Resolution to evidence the adoption of the Town of Trophy Club’s Hazardous Mitigation Action Plan (HMAP); and providing an effective date. Staff Report - HMAP Resolution.pdf RES 2015-35 - Adopting Hazard Mitigation Action Plan.pdf Attachments: REGULAR SESSION 5.2015-0722-T Consider and take appropriate action regarding a Resolution adopting a policy authorizing the Mayor to direct that the United States flag be lowered to half-staff at designated times; and providing an effective date. RES 2015-38 - Proposed Flag Lowering Policy.pdfAttachments: 6.2015-0723-T Consider and take appropriate action regarding a Resolution of the Town Council casting it's twenty-two (22) allocated votes for a person or persons to serve as a member of the Denton Central Appraisal District Board of Directors; and providing an effective date. Denton Central Appraisal District Letter.pdf RES 2015-36 - DCAD Board Votes.pdf Attachments: 7.2015-0724-T Consider and take appropriate action regarding a Resolution of the Town Council casting it's one (1) allocated vote for a person to serve as a member of the Tarrant Appraisal District Board of Directors; and providing an effective date. Tarrant Appraisal District Letter.pdf RES 2015-37 - TAD Board Vote.pdf Attachments: 8.2015-0727-T Consider and take appropriate action regarding a Non-Exclusive Use Agreement between the Town and Bobcat Youth Football Organization for the use of portions of Independence Park for football events; providing terms of usage; and authorizing the Mayor or his designee to execute all necessary documents. Staff Report - Bobcat Youth Football Organization Non-Exclusive Use Agreement.pdf Bobcat Youth Football Organization Non-Exclusive Use Agreement.pdf Independence East Football Facility Location Map.pdf Attachments: 9.2015-0730-T Consider and take appropriate action regarding an ordinance of the Town amending Article 2, “Traffic and Vehicles” of Chapter 10, “Public Safety” of the Code of Ordinances repealing Section 2.05(E), “Overnight Parking” and adopting a new Section 2.05(E) “Overnight Parking” regulating the parking of vehicles between the hours of 3:00 a.m. and 5:00 a.m. each day; providing a penalty; and providing an effective date. Staff Report - Amending Overnight Parking.pdf Current ORD 2011-39.pdf Draft ORD 2015-40 - Amending Overnight Parking.pdf Attachments: Town Council Page 2 of 282 Meeting Date: November 10, 2015 November 10, 2015Town Council Meeting Agenda 10.2015-0732-T Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Joint Police and Town Hall Facility *Christmas Event *Police K-9 Officer Badge Pinning Ceremony *PID Bond Refunding *Pebble Beach *Economic Development 11.2015-0733-T Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for December 8, 2015 meeting and discussion of Future Agenda Items, to include discussion of the below item from the Future Agenda List: A) Consider and take appropriate action regarding adding a parking lot between the baseball fields. (Reed 8/11/2015) (1-November 10) December 8, 2015 Upcoming Agenda.pdf Items for Future Agendas updated 11-3-2015.pdf Attachments: EXECUTIVE SESSION 12.2015-0734-T Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into closed executive session to discuss the following: Texas Government Code 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: A) Legal Advice regarding water rate review request, and Public Utility Commission of Texas appeal process RECONVENE INTO REGULAR SESSION 13.2015-0735-T Consider and take appropriate action regarding the Executive Session. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council Page 3 of 282 Meeting Date: November 10, 2015 November 10, 2015Town Council Meeting Agenda 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 November 5, 2015, by 5:30 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 4 of 282 Meeting Date: November 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0741-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/3/2015 Town Council On agenda:Final action:11/10/2015 Title:Introduction of Police Officer Barry Sullivan with Police K-9 Officer Indy. Attachments: Action ByDate Action ResultVer. Introduction of Police Officer Barry Sullivan with Police K-9 Officer Indy. Town Council Page 5 of 282 Meeting Date: November 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0720-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:10/30/2015 Town Council On agenda:Final action:11/10/2015 Title:Consider and take appropriate action regarding the Minutes dated October 13, 2015. Attachments:Draft TC Minutes October 13, 2015.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Minutes dated October 13, 2015. Town Council Page 6 of 282 Meeting Date: November 10, 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, October 13, 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, October 13, 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: Steven Glickman Assistant Town Manager/CFO Patricia Adams Town Attorney Holly Fimbres Town Secretary/RMO Patrick Arata Police Chief Pat Cooke Development Services Manager Ron Ruthven Town Planner John Zagurski Strategic Services Coordinator Mayor Sanders announced the date of Tuesday, October 13, 2015, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Mayor Sanders. The Pledges were led by Council Member Rowe. (Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations; Consent Agenda; Item No. 11; Item No. 12; Item No. 13; Item No. 15; Item No. 16; Item No. 17; Item No. 14; Executive Session; Item No. 22; Item No. 18; Item No. 19; and Item No. 20) 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. Town Council Minutes October 13, 2015 Page 1 of 213Town Council Page 7 of 282 Meeting Date: November 10, 2015 DR A F T 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 September 8, 2015. (Town Secretary Note: Approved as presented at the dais) 2. Consider and take appropriate action regarding an Interlocal Joint Election Agreement between the Town and the Tarrant County Elections Administrator 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. Attachment A – Interlocal Joint Election Agreement 3. Consider and take appropriate action regarding financial and variance report dated August 2015. 4. Consider and take appropriate action regarding an agreed termination of Service Contract between the Town and Economic Development Corporation 4B for payment of principal and interest for the construction of a municipal park and swimming pool. Attachment B – Partially Executed – Termination of Service Contract 5. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Denton County for Public Safety Application Support and Maintenance; and authorizing the Mayor or his designee to execute all necessary documents. Attachment C – Partially Executed – Public Safety Application Support and Maintenance Agreement 6. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-41 authorizing participation in various cooperative purchasing programs and adopting a new resolution authorizing participation in various cooperative purchasing programs in accordance with the Town’s Procurement Policies and Procedures; authorizing execution of any and all necessary agreements for participation in the cooperative programs by the Mayor or his designee; approving related contracts and the payment of related fees in accordance with the budget; and providing an effective date. Attachment D – Resolution No. 2015-33 7. Consider and take appropriate action regarding a Meritorious Exception for a wall sign proposal located at 800 Trophy Club Drive, the property being located in the NS-Neighborhood Services zoning district. 8. Consider and take appropriate action regarding a Meritorious Exception for a development sign proposal located at 3000 SH 114, the property being located in the PD 25 zoning district. 9. Consider and take appropriate action regarding a Lease Agreement between the Town and Verizon Wireless, and authorizing the Mayor or his designee to execute all necessary documents. Attachment E – Partially Executed – Verizon Land Lease Agreement (Crooked Creek) 10. Consider and take appropriate action regarding a Resolution of the Town Council adopting an investment policy; and providing an effective date. Attachment F - Resolution No. 2015-32 Town Council Minutes October 13, 2015 Page 2 of 213Town Council Page 8 of 282 Meeting Date: November 10, 2015 DR A F T Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve the Consent Agenda Items 1 through 10. Motion passed unanimously. REGULAR SESSION 11. Receive public input regarding the Police and Town Hall facility; discussion of same. There was no one present that wished to speak regarding the item. No action was taken on this item. 12. Receive an update from Freese and Nichols regarding the Hazardous Mitigation Action Plan (HMAP); consider and take appropriate action regarding same; discussion of same. Attachment G – Freese and Nichols HMAP Presentation Katie Hogan, Stormwater Engineer with Freese and Nichols, provided a presentation regarding the HMAP, which included: What is an HMAP; Why; When - Project Timeframe; How – HMAP Development; Public Involvement; Risk Assessment for 8 Hazards; Example – Tornado Risk Assessment; Mitigation Action Plan; Mitigation Actions – Tornado; Plan Adoption and Approval; and Plan Maintenance. Mayor Pro Tem Lamont commented that the list of Steering Committee members is outdated. Discussion took place that the study was funded through the drainage fund and that having an approved HMAP allows the ability to apply for various grant programs through Federal Emergency Management Agency (FEMA). Kelly Dillard, Stormwater Group Manager with Freese and Nichols, commented that the HMAP will have to be updated every five years. She added that there is an opportunity every year to apply for funding through the grant assistance program for construction projects that eliminate or prevent flooding within the community. Motion: Motion made by Council Member Parrow, seconded by Council Member Rowe, to approve the HMAP as presented with the appropriate changes to the personnel listed under the Steering Committee members. Motion passed unanimously. 13. Consider and take appropriate action regarding an Economic Development Agreement between the Town, Tax Increment Reinvestment Zone No. 1, Economic Development Corporation 4B, and Old Town Development (OTD) TC, LLC and OTD TC2, LLC, and authorizing the Mayor or his designee to execute all necessary documents. Attachment H – OTD Economic Development Agreement Town Attorney Adams commented that there were some slight differences between the term sheet and agreement due to amendments that were made by the developer’s lender, as necessary for the financing of the project. Motion: Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to approve the Economic Development Agreement between the Town, Tax Increment Reinvestment Zone No. 1, Economic Development Corporation 4B, and Old Town Development (OTD) TC, LLC and OTD TC2, LLC, as presented, and authorize the Mayor or his designee to execute all necessary documents. Motion passed unanimously. Town Council Minutes October 13, 2015 Page 3 of 213Town Council Page 9 of 282 Meeting Date: November 10, 2015 DR A F T 14. Discussion regarding a resident request for a water rate review; and consider and take appropriate action regarding same. Attachment I – Bill Rose Winter Averaging - Rate Appeal Presentation Bill Rose, 219 Inverness Drive, provided an update regarding the request for a water rate review and stated that the Public Utility Commission of Texas appeal process requires 10 percent of the Trophy Club Municipal Utility District (TCMUD) No. 1 customers, 429 signatures were obtained, and that the appeal was mailed on October 8, 2015 but is pending a docket number. He commented that the TCMUD No. 1 has funded an amount within their legal budget for a rate appeal, and that the Texas Office of Public Utility Counsel remarked that the cost of a rate appeal is approximately $100,000 plus depending upon the duration of a contested case hearing. He added that he would advocate that the TCMUD No. 1 not be allowed to pass the cost on to the customers. Additionally, he commented that he will be proposing to the TCMUD No. 1, at their next meeting, to end the rate appeal with a just and reasonable resolution. Mayor Sanders commented that several emails have come through from PID residents encouraging the Town to join the appeal, and he noted that if the Town were to join there would be a cost to hire consultants to manage the appeal process. Discussion took place regarding the cost of the appeal and the potential to have those costs passed on to the TCMUD No. 1 customers. Council Member Kurtz inquired what the benefit was for the PID residents to participate with the appeal. Mr. Rose commented that he personally believed that the benefit would be that it would offer them a seat at the table. Discussion ensued related to how the Texas Office of Public Utility Counsel is funded, the possibility that the Counsel may not take the case and if they do not take the case then Mr. Rose would still receive a hearing. Additional conversation took place that if the PID residents joined the appeal, there would be another $100,000 added to the cost, which could be passed on to both TCMUD No. 1 customers and PID residents. Mr. Rose displayed charts that he produced regarding possible winter averaging savings. TCMUD No. 1 Board Director Neil Twomey stated that he does not want his taxpayer dollars used to go towards this. He commented that the Board reviewed winter averaging and that they did not observe any cost savings. He added that if the rate formula were changed, there would be a possibility that residents with smaller homes would end up paying more. Additionally, he stated that he was unable to see any cost savings from any documentation that Mr. Rose had provided to the Board, and commented that their rates are lower than the surrounding areas. (Town Secretary Note: Council entered into Executive Session to seek Legal Advice on the item) 15. Consider and take appropriate action regarding a request for a Site Plan for the expansion of the Trophy Club Municipal Utility District Wastewater Treatment Facility including consideration and action on related waivers to the Town’s Landscaping, Parking Lot Paving and Fire Lane Requirements on 10.58 acres located in the Mary Medlin Survey, Abstract 832 on Junction Way; discussion of terms of the October 7, 2015 Right of Way Encroachment and Joint Use Agreement letter. Attachment J – TCMUD No. 1 Site Plat Presentation Town Council Minutes October 13, 2015 Page 4 of 213Town Council Page 10 of 282 Meeting Date: November 10, 2015 DR A F T Town Planner Ruthven recommended incorporating Exhibit F, revised sheets showing all existing fences, and to replace the corresponding pages listed in Exhibit B, Site Plan. Additionally, he provided an update regarding the Planning and Zoning Commission recommendations at their October 1, 2015, meeting. Mayor Pro Tem Lamont requested that the Council discuss each of the waiver requests and inquired about the fire lane dimensions. Fire Chief Thomas commented that the adopted 2009 International Fire Code requires that the fire lane width be 20 feet but that the adopted North Central Texas Council of Governments (NCTCOG) amendments extended the width to 24 feet. Development Services Manager Cooke added that the minimum turning radius is 25 feet. Discussion took place that the new fire truck would be able to make the turn without hitting the building. Additional discussion took place regarding the closest fire hydrant from the front of the property and from the rear of the property. There was discussion that it is common to have water lines within right-of-way. Main Motion: Motion made by Council Member Rowe, seconded by Council Member Kurtz, to approve the Site Plan with Exhibit F and Exhibit G, subject to the conditions approved by the P&Z Commission with the exception of the tree requirement: 1) Show the location of all existing fences on the entire lot including the fence around the Parks barn; and 2) Recommend approval of all waivers as requested including a full landscape waiver. Motion to Amend: Motion to Amend made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to require the complete removal of the non-conforming large billboard sign on the northeast side of the property. Mayor Sanders asked if the applicant had any questions and there was no one that wished to speak. The vote for the Motion to Amend was taken, to require the complete removal of the non-conforming large billboard sign on the northeast side of the property. Motion passed unanimously. Mayor Sanders asked if there was anyone who wished to speak regarding the item and there was no one that wished to speak. The vote for the Main Motion as Amended was taken, to approve the Site Plan with Exhibit F and Exhibit G subject to the conditions approved by the P&Z Commission with the exception of the tree requirement: 1) Show the location of all existing fences on the entire lot including the fence around the Parks barn; and 2) Recommend approval of all waivers as requested including a full landscape waiver; and to require the complete removal of the non-conforming large billboard sign on the northeast side of the property. Motion passed unanimously. 16. Consider and take appropriate action regarding proposed Town Council meeting dates for November and December 2015. Discussion took place to cancel the regularly scheduled Council meetings on November 24, 2015 and December 22, 2015, and to call a Special Council meeting on November 11, 2015, to canvass the election results. Additional discussion took place that there may be a need to call a Special Council meeting in November in order to take action on a bond refunding regarding the Public Improvement District (PID) No. 1. Town Council Minutes October 13, 2015 Page 5 of 213Town Council Page 11 of 282 Meeting Date: November 10, 2015 DR A F T 17. 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. Attachment K - Ordinance No. 2015-23 Discussion took place that the requirement for written permission from a property owner, within the ordinance, would include electronic permission. Additional discussion took place that the drought contingency signs are allowable as one method for the TCMUD No. 1 to provide public notification, but the signs would have to comply with the ordinance provisions. Mayors Sanders commented that he did not believe that citizens had adequate time to review the changes made to the sign ordinance. Motion: Motion made by Council Member Reed, seconded by Council Member Parrow, to approve Ordinance 2015-23, 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, as presented at the dais. Motion carried 6-1-0 with Mayor Pro Tem Lamont and Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner voting for, and Mayor Sanders voting against. 18. Town Council Liaison Updates; discussion of same: *Economic Development Corporation 4B, October 5, 2015 Council Liaison - Council Member Rhylan Rowe Provided update, no action taken, just discussion. 19. Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Early Voting Dates *Fall Fest *Community Garage Sale Assistant Town Manager/CFO Glickman updated the Council and addressed questions, no action taken, update only. 20. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for October 27, 2015 meeting and discussion of Future Agenda Items, to include discussion of the below item from the Future Agenda List: 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. A) 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) Mayor Pro Tem Lamont inquired about revising the language of Item A, under the Future Agenda Items, that was listed on the October 27, 2015, Council agenda. Town Council Minutes October 13, 2015 Page 6 of 213Town Council Page 12 of 282 Meeting Date: November 10, 2015 DR A F T Council Member Parrow stated that he agreed to revise the language to state, “Discuss authorizing the Mayor to issue a proclamation to lower flags to half-staff at times of National tragedy when there is a delay in doing so”. Mayor Sanders requested to have Item No. 7, Review of ordinance to allow golf carts but not including special vehicles, and Item No. 9, Review the overnight parking permit and review allowing an extended temporary permit, from the Town Council Future Agenda List to be presented in the near future. EXECUTIVE SESSION 21. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into closed executive session to discuss the following: Texas Government Code 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: (A) Legal Advice regarding water rate review request, and Public Utility Commission of Texas appeal process CONVENED INTO EXECUTIVE SESSION – START TIME – 8:27 P.M. RECONVENED INTO REGULAR SESSION – START TIME – 9:07 P.M. RECONVENED INTO REGULAR SESSION 22. Consider and take appropriate action regarding the Executive Session. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to refer the item to the Town Attorney and Town Manager to seek further legal advice. Substitute Motion: Substitute Motion made by Council Member Shoffner, seconded by Council Member Rowe, to refer the item to the newly formed Town Council Finance Subcommittee for further evaluation. Council Member Shoffner commented that it was warranted to have the Subcommittee evaluate the options and review the item further before the Council made a decision. Council Member Reed and Council Member Rowe spoke in favor of the Substitute Motion. The vote was taken for the Substitute Motion, to refer the item to the newly formed Town Council Finance Subcommittee for further evaluation. Motion passed unanimously. ADJOURN Motion made by Council Member Parrow, seconded by Council Member Reed, to adjourn. Motion carried unanimously. Meeting adjourned at 9:20 p.m. ___________________________________ ___________________________________ Holly Fimbres, Town Secretary/RMO C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes October 13, 2015 Page 7 of 213Town Council Page 13 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A Interlocal Joint Election Agreement Town Council Minutes October 13, 2015 Page 8 of 213Town Council Page 14 of 282 Meeting Date: November 10, 2015 DR A F T THE STATE OF TEXAS COUNTY OF TARRANT JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT for election services is made by and between the Tarrant County Elections Administrator and the following political subdivisions located entirely or partially inside the boundaries of Tarrant County: City of Benbrook City of Richland Hills Town of Flower Mound Town of Trophy Club City of Grapevine City of White Settlement City of Haltom City Godley Independent School District City of Keller Mansfield Independent School District City of Lake Worth 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 Frank Phillips, Tarrant County Elections Administrator, hereinafter referred to as "Elections Administrator." RECITALS Each participating authority listed above plans to hold a general and/or special election on November 3, 2015. Tarrant County plans to hold a special election county -wide for the purpose of voting on proposed constitutional amendments on November 3, 2015. 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 desire to use the County's electronic voting system and 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 parties agree to hold a "Joint Election" with Tarrant County and each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Tarrant County 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 Tarrant County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The Tarrant 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 authority 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. Page 1 of 9 Town Council Minutes October 13, 2015 Page 9 of 213Town Council Page 15 of 282 Meeting Date: November 10, 2015 DR A F T 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 polling places 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. 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 system testing notices that are required by the Texas Election Code. 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 Tarrant County Elections Administrator. It is understood by all parties that there will be no preclearance submission to the United States Department of Justice made by the Elections Administrator related to the joint election. 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). The proposed voting locations are listed in Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. 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 2, 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 Tarrant 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 official who is 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. Page 2 of 9 Town Council Minutes October 13, 2015 Page 10 of 213Town Council Page 16 of 282 Meeting Date: November 10, 2015 DR A F T 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 ensure 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 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 Tarrant County pursuant to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the election supplies prior to election day and for returning the supplies and equipment to the central counting station after the polls close. Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at the same hourly rate that they are to be paid on election day. 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 as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Tarrant 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, 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. 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). Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates and/or propositions. Early Voting by Personal Appearance shall be conducted exclusively on Tarrant County's eSlate electronic voting system. On election day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper ballot that is scanned at the polling place using Tarrant County's eScan voting system. Provisional ballots cast on election day will be cast only on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from being immediately counted via the eScan ballot scanner. The number of paper ballots printed for election day voting shall be, at a minimum, equal to the same election day turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per polling place or precinct adjusted upward to end in a number divisible by 50. Page 3 of 9 Town Council Minutes October 13, 2015 Page 11 of 213Town Council Page 17 of 282 Meeting Date: November 10, 2015 DR A F T 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 relevant employees upon hiring as required by Election Code Section 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 Tarrant County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Tarrant County Elections Administrator or any participating authority 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 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 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 AM each business day. VII. EARLY VOTING BALLOT BOARD Tarrant 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. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central and remote counting stations 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: Page 4 of 9 Town Council Minutes October 13, 2015 Page 12 of 213Town Council Page 18 of 282 Meeting Date: November 10, 2015 DR A F T Counting Station Manager: Frank Phillips, Tarrant County Elections Administrator Tabulation Supervisor: Stephen Vickers, Assistant Elections Administrator Presiding Judge: David Herrington Alternate Judge: Emma Allen The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central and remote counting stations 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 Tarrant County web site. To ensure the accuracy of reported election returns, results printed on the tapes produced by Tarrant 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 these unofficial canvass reports to each participating authority as soon as possible after all returns have been tabulated. Each participating authority shall be responsible for the official canvass of its respective election(s). The Elections Administrator will prepare the electronic precinct -by -precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these reports for each participating authority unless requested otherwise. 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 authority and the Secretary of State's Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE TARRANT COUNTY The Elections Administrator shall administer only the Tarrant County portion of the election held by the City of Azle, City of Burleson, City of Crowley, Town of Flower Mound, City of Fort Worth, City of Grand Prairie, City of Grapevine, City of Haslet, City of Mansfield, City of Newark, City of Reno, City of Roanoke, City of Southlake, Town of Trophy Club, City of Westlake, Aledo ISD, Azle ISD, Burleson ISD, Crowley ISD, Godley ISD, Grapevine-Colleyville ISD, Lewisville ISD Mansfield ISD, Northwest ISD and Trophy Club MUD #1. 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 authority notifies the Elections Administrator in writing within 3 business days of the original election. Each participating authority 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 December 8, 2015 with early voting held November 23, 2015 through December 4, 2015. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS Page 5 of 9 Town Council Minutes October 13, 2015 Page 13 of 213Town Council Page 19 of 282 Meeting Date: November 10, 2015 DR A F T The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro -rated equally among the participants utilizing that polling place. It is agreed that charges for election day judges and clerks and election day polling place rental fees shall be directly charged to the appropriate participating authority rather than averaging those costs among all participants. If a participating authority's election is conducted at more than one election day polling place, there shall be no charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the authority's polling places is less than the 50% threshold, the participating authority shall pay a pro -rata share of the costs associated with the polling place where it has the greatest number of registered voters. 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. Participating authorities having the majority of their voters in another county, and fewer than 500 registered voters in Tarrant County, and that do not have an election day polling place or early voting site within their jurisdiction shall pay a flat fee of $400 for election expenses. Each participating authority agrees to pay the Tarrant 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 Tarrant 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. 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. The withdrawing authority is fully liable for any expenses incurred by the Tarrant County Elections Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fee if applicable. It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the remaining participating authorities, with the exception of the early voting site located at the Tarrant County Elections Center, may be dropped from the joint election unless one or more of the remaining participating authorities agree to fully fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract shall be provided to the remaining participants within five days after notification of all intents to withdraw have been received by the Elections Administrator. 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. Page 6 of 9 Town Council Minutes October 13, 2015 Page 14 of 213Town Council Page 20 of 282 Meeting Date: November 10, 2015 DR A F T 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 authority. 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 authority 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 authority's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. 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 Tarrant County Judge and the Tarrant 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 Tarrant County, Texas. 5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision 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. Page 7 of 9 Town Council Minutes October 13, 2015 Page 15 of 213Town Council Page 21 of 282 Meeting Date: November 10, 2015 DR A F T 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. Each participating authority agrees to pay the Tarrant County Elections Administrator a deposit of approximately 75% of this estimated obligation no later than 15 days after execution of this agreement. 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), and if the amount of an authority's total obligation exceeds the amount deposited, the authority shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections Administrator. However, if the amount of the authority's total obligation is less than the amount deposited, the Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated. The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall be as follows: THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Page 8 of 9 Actual # Billed # Estimated Deposit Political Subdivision Polls Polls Cost Due City of Benbrook 8 3 12,872.00 9,700.00 Town of Flower Mound 1 0 400.00 400.00 City of Grapevine 10 4 15,650.00 11,800.00 City of Haltom City 12 4 15,623.00 11,800.00 City of Keller 10 3. 5 14,767.00 11,100.00 City of Lake Worth 4 0.5 6,141.00 4,700.00 City of Richland Hills 3 1.5 8,821.00 6,700.00 City of White Settlement 3 1.5 12,524.00 9,400.00 Town of Trophy Club 1 0 400.00 400.00 Godley ISD 2 0. 5 5,723.00 4,300.00 Mansfield ISD 30 11 44,021.00 33,100.00 Tarrant County 358 328.5 1,240,718.00 N/A TOTALS 358 358 1,377,660.00 103,400.00 THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Page 8 of 9 Town Council Minutes October 13, 2015 Page 16 of 213Town Council Page 22 of 282 Meeting Date: November 10, 2015 DR A F T 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 i G day of ( c+o be r , 2015 been executed by the Tarrant County Elections Administrator pursuant to the Texas Election Code so authorizing; 2) It has on the day of C t( (- 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 THE TARRANT COUNTY ELECTIONS ADMINISTRATOR: APPROVED: FRANK PHILLIPS ACCEPTED AND AGREED TO BY THE TROPHY CLUB TOWN COUNCIL: APPROVED: cl- G C. NICK SANDERS, MAYOR ATTEST: HOLLY FIM ES, TOWN SECRETARY Page 9 of 9 Town Council Minutes October 13, 2015 Page 17 of 213Town Council Page 23 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/ 16/15) Precincts at Site 1001, 1376, 4458, 4494 1005, 1444, 1677, 4006 1008, 1544, 1550 1009 1010 1012 1013 1014, 1237, 1594 1015, 1684 1019, 1476 1021 1023 1024, 1394, 1418, 1431 Election Day Polling Location Entity Tarrant County Plaza Building 201 Burnett Street Fort Worth, Texas 76102 Van Zandt-Guinn Elementary School 501 Missouri Avenue Fort Worth, Texas 76104 Versia L. Williams Elementary School 901 Baurline Street Fort Worth, Texas 76111 Western Hills High School City of Benbrook 3600 Boston Avenue Benbrook, Texas 76116 Community Christian Church Education Building 1720 Vickery Boulevard East Fort Worth, Texas 76104 Handley-Meadowbrook Community Center 6201 Beaty Street Fort Worth, Texas 76112 Harlean Beal Elementary School 5615 Forest Hill Drive Fort Worth, Texas 76119 Edge Park United Methodist Church 5616 Crowley Road Fort Worth, Texas 76134 Texas Academy of Biomedical Sciences 3813 Valentine Street Fort Worth, Texas 76107 Andrew "Doc" Session Community Center 201 South Sylvania Avenue Fort Worth, Texas 76111 City of Benbrook Municipal Complex 911 Winscott Road Benbrook, Texas 76126 St. Matthew's Lutheran Church 5709 Wedgwood Drive Fort Worth, Texas 76133 First United Methodist Church 509 Peach Street Crowley, Texas 76036 Precinct One Garage 800 East Rendon Crowley Road Burleson, Texas 76028 1 City of Benbrook Town Council Minutes October 13, 2015 Page 18 of 213Town Council Page 24 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/ 15) Precincts at Site Election Day Polling Location 1025, 1244, 1439, 1578 Jefferson Davis 9th Grade Center 1621 615 Townley Drive Everman, Texas 76140 1034 Retta Baptist Church 13201 Rendon Road Burleson, Texas 76028 1056 I. M. Terrell Elementary School 1411 I. M. Terrell Circle Fort Worth, Texas 76102 1059 Antioch Missionary Baptist Church 1063 East Rosedale Street Fort Worth, Texas 76104 1061 Greenway Church 1816 Delga Street Fort Worth, Texas 76102 1062, 1455, 1457, 1608 E. M. Daggett Elementary School 1611, 4077, 4096 958 Page Avenue Fort Worth, Texas 76110 1066, 1236, 1479, 1617 Christ Cathedral Church 1672 3201 Purington Avenue Fort Worth, Texas 76103 1074 D. McRae Elementary School 3316 Avenue N Fort Worth, Texas 76105 1075, 1011 Sycamore Recreation Center 2525 East Rosedale Street Fort Worth, Texas 76105 1076 Lily B. Clayton Elementary School 2000 Park Place Avenue Fort Worth, Texas 76110 1079, 1090 Pilgrim Rest Missionary Baptist Church 960 East Baltimore Avenue Fort Worth, Texas 76104 1080 Greater Harvest Church of God in Christ 2900 Mitchell Boulevard Fort Worth, Texas 76105 1081, 1095 St. Stephen Presbyterian Church 2700 McPherson Avenue Fort Worth, Texas 76109 1082, 1198 Riverside Community Center 3700 East Belknap Street Fort Worth, Texas 76111 2 Entity Mansfield ISD Town Council Minutes October 13, 2015 Page 19 of 213Town Council Page 25 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15) Precincts at Site Election Day Polling Location Entity 1083 Beth Eden Missionary Baptist Church 3309 Wilbarger Street Fort Worth, Texas 76119 1085 Rosemont Middle School 1501 West Seminary Drive Fort Worth, Texas 76115 1088, 1415 Sagamore Hill Elementary School 701 South Hughes Avenue Fort Worth, Texas 76103 1089, 1078, 1619 Morningside Elementary School 2601 Evans Avenue Fort Worth, Texas 76104 1094, 1472, 1674 Lena Pope Home 3200 Sanguinet Street Fort Worth, Texas 76107 1098 S. S. Dillow Elementary School 4000 Avenue N Fort Worth, Texas 76105 1103, 1348 First Baptist Church of Crowley Godley ISD - 1348 400 Eagle Drive South Crowley, Texas 76036 1104 Bradley Center 2601 Timberline Drive Fort Worth, Texas 76119 1106 Grace Temple Seventh -day Adventist Church 4200 East Berry Street Fort Worth, Texas 76105 1108, 1298, 1408, 1434 R. L. Paschal High School 1633 3001 Forest Park Boulevard Fort Worth, Texas 76110 1109, 1416, 1473 Fort Worth Harvest Baptist Church 620 North Chandler Drive Fort Worth, Texas 76111 1117 McLean 6th Grade School 3201 South Hills Avenue Fort Worth, Texas 76109 1119 Westminster Presbyterian Church 7001 Trail Lake Drive Fort Worth, Texas 76133 1120, 1676 JPS Health Center Viola M. Pitts/Como 4701 Bryant Irvin Road North Fort Worth, Texas 76107 3 Town Council Minutes October 13, 2015 Page 20 of 213Town Council Page 26 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15) Precincts at Site Election Day Polling Location 1126 First Jefferson Unitarian Universalist Church 1959 Sandy Lane Fort Worth, Texas 76112 1127 Martin Luther King Community Center 5565 Truman Drive Fort Worth, Texas 76112 1132 Griffin -Poly Sub -Courthouse 3212 Miller Avenue Fort Worth, Texas 76119 1133, 1445 St. Christopher's Episcopal Church 3550 Southwest Loop 820 Fort Worth, Texas 76133 1142 Bruce Shulkey Elementary School 5533 Whitman Avenue Fort Worth, Texas 76133 1146, 1099, 1407, 1414 Eastern Hills High School 1491 5701 Shelton Street Fort Worth, Texas 76112 1149, 1184, 2600, 2601 W. M. Green Elementary School 4612 David Strickland Road Fort Worth, Texas 76119 1150, 1543, 1549, 1559 New Hope Fellowship 6410 South Freeway Fort Worth, Texas 76134 1153, 1301 City of Forest Hill Civic and Convention Center 6901 Wichita Street Forest Hill, Texas 76140 1154, 1555, 1576, 1597 Carter Park Elementary School 1652, 4495 1204 East Broadus Avenue Fort Worth, Texas 76115 1165 South Hills Elementary School 3009 Bilglade Road Fort Worth, Texas 76133 1170 Victory Temple Worship Center 2001 Oakland Boulevard Fort Worth, Texas 76103 1175, 1547, 1586, 1589 St. John Missionary Baptist Church 3560, 3653, 3654 3324 House Anderson Road Euless, Texas 76040 1186 St. Francis Village 4125 St. Francis Village Road St. Francis Village, Texas 76036 4 Entity Was Stadium Drive Baptist Church Town Council Minutes October 13, 2015 Page 21 of 213Town Council Page 27 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/ 15) Precincts at Site Election Day Polling Location Entity 1188 Paul Laurence Dunbar High School 5700 Ramey Avenue Fort Worth, Texas 76112 1189 Edgecliff Village Community Center 1605 Edgecliff Road Edgecliff Village, Texas 76134 1197, 1064 River Trails Elementary School 8850 Elbe Trail Fort Worth, Texas 76118 1206 Benbrook Fire Station City of Benbrook 528 Mercedes Street Benbrook, Texas 76126 1207 Southwest Sub -Courthouse 6551 Granbury Road Fort Worth, Texas 76133 1208, 1111, 4480 Restoration Family Church City of Benbrook 10201 Jerry Dunn Parkway Godley ISD - 1111 Benbrook, Texas 76126 1211 Sunrise -McMillian Elementary School 3409 Stalcup Road Fort Worth, Texas 76119 1227, 1437, 1490 Pantego Bible Church 8001 Anderson Boulevard Fort Worth, Texas 76120 1238 Trinity Cumberland Presbyterian Church 7120 West Cleburne Road Fort Worth, Texas 76133 1251 Meadowcreek Elementary School 2801 Country Creek Lane Fort Worth, Texas 76123 1255 Grace Lutheran Church 7900 McCart Avenue Fort Worth, Texas 76123 1257, 1004, 1167 Fort Worth Education Association 6021 Westcreek Drive Fort Worth, Texas 76133 1264, 1105 Southwest Community Center 6300 Welch Avenue Fort Worth, Texas 76133 1265 Genesis United Methodist Church 7635 South Hulen Street Fort Worth, Texas 76133 5 Town Council Minutes October 13, 2015 Page 22 of 213Town Council Page 28 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15) Precincts at Site Election Day Polling Location Entity 1270, 2419 Handley United Methodist Church 2929 Forest Avenue Fort Worth, Texas 76112 1271, 1345, 1627 St. Ann's Catholic Church 100 Southwest Alsbury Boulevard Burleson, Texas 76028 1273 EI Buen Pastor Baptist Church 4800 Merida Avenue Fort Worth, Texas 76115 1277, 1151, 1199, 1622 The Potter's House Youth Center City of Haltom City - 1199 4632 1238 Woodhaven Boulevard 1622, 4632 Fort Worth, Texas 76112 City of Richland Hills - 1199 1278 New Life Baptist Deaf Fellowship 6917 Brentwood Stair Road Fort Worth, Texas 76112 1279 Atwood McDonald Elementary School 1850 Barron Lane Fort Worth, Texas 76112 1291 Highland Hills Community Center 1600 Glasgow Road Fort Worth, Texas 76134 1293 Forest Hill United Methodist Church 6401 Hartman Road Forest Hill, Texas 76119 1294, 1501 Crowley Community Center 900 East Glendale Street Crowley, Texas 76036 1295, 1084, 1577 Everman City Hall Annex 213 North Race Street Everman, Texas 76140 1296, 1423 St. Peter's Antiochian Orthodox Church 7601 Bellaire Drive South Fort Worth, Texas 76132 1297 A. M. Pate Elementary School ADA Issues 3800 Anglin Drive Fort Worth, Texas 76119 1300 St. Luke Cumberland Presbyterian Church 1404 Sycamore School Road Fort Worth, Texas 76134 1311 St. Matthew United Methodist Church 2414 Hitson Lane Fort Worth, Texas 76112 6 Town Council Minutes October 13, 2015 Page 23 of 213Town Council Page 29 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15) Precincts at Site Election Day Polling Location Entity 1339 Fort Worth Country Day School City of Benbrook 4200 Country Day Lane Fort Worth, Texas 76109 1346 Brighter Outlook Center 4910 Dunbar Street Fort Worth, Texas 76105 1377, 1071 Fort Worth Presbyterian Church 6251 Oakmont Trail Fort Worth, Texas 76132 1378 Hanmaum International Baptist Church Precinct 1352 key) 1501 West Everman Parkway Fort Worth, Texas 76134 1440, 1292 Southwood Baptist Church 2633 Altamesa Boulevard Fort Worth, Texas 76133 1459 Christ United Methodist Church 3301 Sycamore School Road Fort Worth, Texas 76123 1460, 1679 East Regional Library 6301 Bridge Street Fort Worth, Texas 76112 1463, 2281, 2467 Shepherd of Life Lutheran Church Precinct 2281 was at 715 East Lamar Boulevard Roquemore Elementary. Arlington, Texas 76011 1477, 1482 Glen Park Elementary School 3601 Pecos Street Fort Worth, Texas 76119 1489, 1518, 1651 Bill J. Elliott Elementary School 2501 Cooks Lane Fort Worth, Texas 76120 1504, 1352 Hill Top Church Mansfield ISD Precinct 1352 key) 4909 Rendon Road Was Ponder Elementary Fort Worth, Texas 76140 12350 Rendon Road 1603 Candlewood Suites Hotel 4200 Reggis Court Fort Worth, Texas 76155 1639, 1347 Hallmark Baptist Church 4201 West Risinger Drive Fort Worth, Texas 76123 1641, 1424 North Crowley High School 9100 South Hulen Street Fort Worth, Texas 76123 7 Town Council Minutes October 13, 2015 Page 24 of 213Town Council Page 30 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/ 16/ 15) Precincts at Site Election Day Polling Location Entity 1642, 1436 Sidney Poynter Elementary School 521 Ashdale Drive Fort Worth, Texas 76140 2003, 1605, 2303, 2606 Berta May Pope Elementary School 901 Chestnut Drive Arlington, Texas 76012 2007, 2505 Southwest Branch Library Mansfield ISD - 2505 3311 Southwest Green Oaks Boulevard Arlington, Texas 76017 2026, 2670 W. R. Wimbish Elementary School 1601 Wright Street Arlington, Texas 76012 2027, 2002, 2461, 2675 Atherton Elementary School 2101 Overbrook Drive Arlington, Texas 76014 2028, 2358, 2506 Truett Boles Junior High School 3900 Southwest Green Oaks Boulevard Arlington, Texas 76017 2031, 2453, 2613 Timberview High School Mansfield ISD 7700 South Watson Road Arlington, Texas 76002 2033 Mansfield Sub -Courthouse Mansfield ISD 1100 East Broad Street Mansfield, Texas 76063 2052 Ruby Ray Swift Elementary School 1101 South Fielder Road Arlington, Texas 76013 2055, 1380, 1631 Sherrod Elementary School 2626 Lincoln Drive Arlington, Texas 76006 2100 Meadowbrook Recreation Center 1400 Dugan Street Arlington, Texas 76010 2112 Pantego Town Hall Council Chambers 1614 South Bowen Road Pantego, Texas 76013 2143, 2403 Louise Blanton Elementary School 1900 South Collins Street Arlington, Texas 76010 2145, 2673 Veda Knox Elementary School 2315 Stonegate Street Arlington, Texas 76010 8 Town Council Minutes October 13, 2015 Page 25 of 213Town Council Page 31 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/ 15) Precincts at Site Election Day Polling Location 2147, 2401, 2451 Fielder Church Annex 1333 West Pioneer Parkway Arlington, Texas 76013 2158, 1382, 1404, 2274 Myrtice and Curtis Larson Elementary School 2546, 2561, 2616, 2681 2620 Avenue K Grand Prairie, Texas 75050 2161 Tarrant County Sub -Courthouse in Arlington 700 East Abram Street Arlington, Texas 76010 2168, 2513 South Davis Elementary School 2001 South Davis Drive Arlington, Texas 76013 2169, 2134, 2263, 2569 City of Arlington Senior Center 2015 Craig Hanking Drive Arlington, Texas 76010 2171, 2310 Woodland West Church of Christ 3101 West Park Row Arlington, Texas 76013 2174 Key Elementary School 3621 Roosevelt Drive Arlington, Texas 76016 2180, 2402, 2411, 2680 UAW Local #276 2505 W.E. Roberts Street Grand Prairie, Texas 75051 2181 Westminster Presbyterian Church 1330 South Fielder Road Arlington, Texas 76013 2190, 2148, 2655, 2656 John Webb Elementary School 2657 1200 North Cooper Street Arlington, Texas 76011 2205 Bailey Junior High School 2411 Winewood Lane Arlington, Texas 76013 2210 Myrtle Thornton Elementary School 2301 East Park Row Drive Arlington, Texas 76010 2217, 2058 St. Stephen United Methodist Church 1800 West Randol Mill Road Arlington, Texas 76012 2219 Miller Elementary School 6401 West Pleasant Ridge Road Arlington, Texas 76016 9 Entity Precincts 2134, 2263, 2569 were at Hutcheson Jr. High Town Council Minutes October 13, 2015 Page 26 of 213Town Council Page 32 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15) Precincts at Site Election Day Polling Location Entity 2220, 1514 Arlington First Church of the Nazarene 1301 West Green Oaks Boulevard Arlington, Texas 76013 2221 Roberta Tipps Elementary School Mansfield ISD 3001 North Walnut Creek Drive Mansfield, Texas 76063 2223 Dalworthington Gardens City Hall 2600 Roosevelt Drive Dalworthington Gardens, Texas 76016 2224, 1442 Elzie Odom Athletic Center 1601 Northeast Green Oaks Boulevard Arlington, Texas 76006 2225, 2413, 2428 Beth Anderson Elementary School 1101 Timberlake Drive Arlington, Texas 76010 2226, 2268, 2269, 2658 Bob Duncan Center 2800 South Center Street Arlington, Texas 76014 2228, 1420, 1607 Shackelford Junior High School 2000 North Fielder Road Arlington, Texas 76012 2229 Beatrice Short Elementary School 2000 California Lane Arlington, Texas 76015 2235, 2659 Ethel Goodman Elementary School 1400 Rebecca Lane Arlington, Texas 76014 2246 Butler Elementary School 2121 Margaret Drive Arlington, Texas 76012 2262, 2258 New Hope Baptist Church Mansfield ISD 6765 Dick Price Road Mansfield, Texas 76063 2267 Foster Elementary School 1025 High Point Road Arlington, Texas 76015 2280 Interlochen Health and Rehabilitation Center Was Arlington Villa 2645 West Randol Mill Road Retirement Community Arlington, Texas 76012 2305, 2425 Kennedale High School 901 Wildcat Way Kennedale, Texas 76060 10 Town Council Minutes October 13, 2015 Page 27 of 213Town Council Page 33 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/ 15) Precincts at Site Election Day Polling Location Entity 2306, 2521 Cliff Nelson Recreation Center 4600 West Bardin Road Arlington, Texas 76017 2308 Living Word Outreach 107 North First Avenue Mansfield, Texas 76063 2309, 2660 Prince of Peace Church 1701 Martin Luther Drive Arlington, Texas 76010 2313 Jason B. Little Elementary School 3721 Little Road Arlington, Texas 76016 2314, 2266, 2468 Charles W. Young Junior High School 3200 Woodside Drive Arlington, Texas 76016 2316, 1441, 1564, 2315 Northeast Branch Library 1905 Brown Boulevard Arlington, Texas 76006 2317 Lamar High School 1400 Lamar Boulevard West Arlington, Texas 76012 2318 Gunn Junior High School 3000 South Fielder Road Arlington, Texas 76015 2319, 2464 Ruth Ditto Elementary School 3001 Quail Lane Arlington, Texas 76016 2320, 2302, 2393 Mayfield Road Baptist Church 1701 East Mayfield Road Arlington, Texas 76014 2355 Linda Jobe Middle School 2491 Gertie Barrett Road Mansfield, Texas 76063 2356, 2304 The Church on Rush Creek 2350 Southwest Green Oaks Boulevard Arlington, Texas 76017 2357 Donna Shepard Intermediate School 1280 FM Road 1187 Mansfield, Texas 76063 2360 Walnut Ridge Baptist Church 1201 North State Highway 360 Mansfield, Texas 76063 11 Mansfield ISD Mansfield ISD Mansfield ISD Mansfield ISD Mansfield ISD Town Council Minutes October 13, 2015 Page 28 of 213Town Council Page 34 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15) Precincts at Site Election Day Polling Location Entity 2379 Louise Cabaniss Elementary School Mansfield ISD 6080 Mirabella Boulevard Grand Prairie, Texas 75052 2381, 2484 J. M. Farrell Elementary School 3410 Paladium Drive Grand Prairie, Texas 75052 2383 New Life Fellowship Mansfield ISD 201 East Sublett Road Arlington, Texas 76018 2438, 2275, 2466 Cross Point Church of Christ 3020 West Bardin Road Grand Prairie, Texas 75052 2448, 2353 Southeast Branch Library 900 Southeast Green Oaks Boulevard Arlington, Texas 76018 2449 St. Andrews United Methodist Church Mansfield ISD 2045 Southeast Green Oaks Boulevard Arlington, Texas 76018 2450 Alpha International Seventh -day Adventist Church 6000 South Collins Street Arlington, Texas 76018 2462, 2581 Kenneth Davis Elementary School Mansfield ISD 900 Eden Road Arlington, Texas 76001 2474, 1427, 1515, 2029 Kennedale Community Center Mansfield ISD - 2029 316 West 3rd Street Kennedale, Texas 76060 2488, 2299, 2349 West Elementary School Mansfield ISD - 2488 2911 Kingswood Boulevard Grand Prairie, Texas 75052 2519, 2030 City of Arlington South Service Center Mansfield ISD 1100 Southwest Green Oaks Boulevard Arlington, Texas 76017 2520 Pleasant Ridge Church of Christ 6102 West Pleasant Ridge Road Arlington, Texas 76016 2522 R. F. Patterson Elementary School Mansfield ISD 6621 Kelly Elliott Road Arlington, Texas 76001 2523, 2354 New York Avenue Church of Christ 5371 New York Avenue Arlington, Texas 76018 12 Town Council Minutes October 13, 2015 Page 29 of 213Town Council Page 35 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15) Precincts at Site Election Day Polling Location Entity 2525 D. P. Morris Elementary School Mansfield ISD 7900 Tin Cup Drive Arlington, Texas 76001 2535, 2307 T. A. Howard Middle School Mansfield ISD 7501 Calender Road Arlington, Texas 76001 2536, 2537, 2571 Dora E. Nichols Junior High School 2201 Ascension Boulevard Arlington, Texas 76006 2541, 2341, 2405 Odeal Pearcy Elementary School Mansfield ISD — 2341, 2405 601 East Harris Road Arlington, Texas 76002 2548, 2426, 2524, 2636 Brooks Wester Middle School Mansfield ISD 1520 North Walnut Creek Mansfield, Texas 76063 2553 Grace Community Church Mansfield ISD 801 West Bardin Road Arlington, Texas 76017 2556, 1610, 2173, 2609 St. John Cumberland Presbyterian Church 6007 West Pleasant Ridge Road Arlington, Texas 76016 2557, 2435 Janet Brockett Elementary School Mansfield ISD 810 Dove Meadows Drive Arlington, Texas 76002 2635 Imogene Gideon Elementary School Mansfield ISD 1201 Mansfield Webb Road Was The Community at Arlington, Texas 76002 Lake Ridge 2643, 2612, 2614, 2618 Mansfield I.S.D. Sports Complex Mansfield ISD 3700 East Broad Street Mansfield, Texas 76063 2644 Anna May Daulton Elementary School Mansfield ISD 2607 North Grand Peninsula Drive Grand Prairie, Texas 75054 2645 Martha Reid Elementary School Mansfield ISD 500 Country Club Drive Arlington, Texas 76002 3032, 3575, 3661 Hurst Public Library 901 Precinct Line Road Hurst, Texas 76053 3036 Euless Public Library 201 North Ector Drive Euless, Texas 76039 13 Town Council Minutes October 13, 2015 Page 30 of 213Town Council Page 36 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15) Precincts at Site Election Day Polling Location Entity 3037 Shady Brook Elementary School 2601 Shady Brook Drive Bedford, Texas 76021 3038 Timberline Elementary School City of Grapevine 3220 Timberline Drive Grapevine, Texas 76051 3039 Lonesome Dove Church City of Grapevine 2380 Lonesome Dove Road Southlake, Texas 76092 3040, 3671 Keller Church of Christ City of Keller 205 South Elm Street Keller, Texas 76248 3041 Davis Memorial United Methodist Church 5301 Davis Boulevard North Richland Hills, Texas 76180 3049, 3209, 3447 Green Valley Elementary School 7900 Smithfield Road North Richland Hills, Texas 76182 3054, 3072 New Hope Lutheran Church City of Keller 2105 Willis Lane Keller, Texas 76248 3063, 3367, 3387 North Ridge Elementary School 7331 Holiday Lane North Richland Hills, Texas 76182 3114 The REC of Grapevine City of Grapevine 1175 Municipal Way Grapevine, Texas 76051 3131 Richland Middle School City of Richland Hllls 7400 Hovenkamp Avenue Richland Hills, Texas 76118 3139 Hurst Christian Church 745 Brown Trail Hurst, Texas 76053 3140 Dan Echols Senior Adult Center 6801 Glenview Drive North Richland Hills, Texas 76180 3152, 3043, 3185 Haslet Community Center 105 Main Street Haslet, Texas 76052 3156 First Baptist Church of Hurst 1801 Norwood Drive Hurst, Texas 76054 14 Town Council Minutes October 13, 2015 Page 31 of 213Town Council Page 37 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/ 15) Precincts at Site Election Day Polling Location Entity 3157 Stonegate Elementary School 900 Bedford Road East Bedford, Texas 76022 3160, 1388 South Euless Baptist Church 1000 Simmons Drive Euless, Texas 76040 3164, 3406, 4620 Richland Hills Community Center City of Haltom City - 4620 3204 Diana Drive City of Richland Hllls Richland Hills, Texas 76118 3166, 3409, 3590 North Pointe Baptist Church of Hurst - 147 East Hurst Boulevard Hurst, Texas 76053 3172, 3282, 3664, 3665 St. Andrew Lutheran Church 504 West Bedford Euless Road Hurst, Texas 76053 3176 Hurst Hills Elementary School 525 Billie Ruth Lane Hurst, Texas 76053 3177, 3584 Fine Arts Athletic Complex 9200 Mid Cities Boulevard North Richland Hills, Texas 76180 3183 Calvary Baptist Church 304 Calvary Drive Euless, Texas 76040 3187, 3398 Northside Church of the Nazarene 6750 Denton Highway Watauga, Texas 76148 3194, 4191 First Baptist Church of Watauga City of Haltom City - 4191 6124 Plum Street Watauga, Texas 76148 3196, 3585 Northeast Courthouse Newly constructed site. 645 Grapevine Highway Both precincts voted with Hurst, Texas 76054 Precinct 3433 3200 Bedford Boys Ranch 2801 Forest Ridge Drive Bedford, Texas 76021 3212 Central Baptist Church of Bedford 1120 Central Drive Bedford, Texas 76022 3213 Hurst Recreation Center 700 Mary Drive Hurst, Texas 76053 15 Town Council Minutes October 13, 2015 Page 32 of 213Town Council Page 38 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/ 16/15) Precincts at Site Election Day Polling Location Entity 3214, 3364 Immanuel Lutheran Church 7321 Lola Drive North Richland Hills, Texas 76180 3215, 4399 St. Paul Presbyterian Church City of Haltom City - 4399 4517 Rufe Snow Drive North Richland Hills, Texas 76180 3216 Bear Creek Elementary School 401 Bear Creek Drive Euless, Texas 76039 3247 Central Junior High School 3191 West Pipeline Road Euless, Texas 76040 3254, 3327, 3517 Pat May Center 1849-B Central Drive Bedford, Texas 76022 3283, 3260, 3516 Airport Area YMCA 3524 Central Drive Bedford, Texas 76021 3287 Watauga City Hall 7105 Whitley Road Watauga, Texas 76148 3289 North Richland Hills Baptist Church 6955 Boulevard 26 North Richland Hills, Texas 76180 3323 Colleyville Municipal Court Building 5201 Riverwalk Drive Colleyville, Texas 76034 3324 College Hill Church of Christ 7447 North College Circle North Richland Hills, Texas 76180 3325 Baker Boulevard Church of Christ 7139 Baker Boulevard Richland Hills, Texas 76118 3326 Ashwood Court 7501 Glenview Drive North Richland Hills, Texas 76180 3329, 3446 South Euless Elementary School 605 South Main Street Euless, Texas 76040 3330, 3510 Colleyville Assembly of God Church 4309 Colleyville Boulevard Colleyville, Texas 76034 16 City of Richland Hllls Town Council Minutes October 13, 2015 Page 33 of 213Town Council Page 39 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15) Precincts at Site Election Day Polling Location Entity 3331 3332, 3667 3333 3334 3335 3336 3359, 3538 3361, 3321 3363, 3192, 3567 3368, 3539, 3562, 3669 3372, 3417 3384 3386 3389 The Church of Jesus Christ of Latter -Day Saints 500 West McDonwell School Road Colleyville, Texas 76034 Watauga Middle School 6300 Maurie Drive Watauga, Texas 76148 North Richland Hills Public Library 9015 Grand Avenue North Richland Hills, Texas 76180 First Baptist Church of Bedford 2045 Bedford Road Bedford, Texas 76021 Lakewood Elementary School 1600 Donley Drive Euless, Texas 76039 Metroplex Chapel 601 East Airport Freeway Euless, Texas 76039 Carroll Senior High School 1501 West Southlake Boulevard Southlake, Texas 76092 St. Francis Catholic Church 861 Wildwood Lane Grapevine, Texas 76051 Heritage Baptist Church 1200 FM 156 South Haslet, Texas 76052 Bedford Junior High School 325 Carolyn Drive Bedford, Texas 76021 Town of Flower Mound - 3321 City of Grapevine The Villages of Woodland Springs Amenity Building 12209 Timberland Boulevard Fort Worth, Texas 76244 Dove Elementary School City of Grapevine 1932 Dove Road Grapevine, Texas 76051 First United Methodist Church of Keller City of Keller 1025 Johnson Road Keller, Texas 76248 Life Connection Church 208 Nutmeg Lane Euless, Texas 76039 17 Town Council Minutes October 13, 2015 Page 34 of 213Town Council Page 40 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/ 16/ 15) Precincts at Site Election Day Polling Location Entity 3390, 3385, 3530, 3574 Covenant Church City of Grapevine — 3385, 3508 Glade Road 3390, 3530 Colleyville, Texas 76034 3391, 3511 United Memorial Christian Church 1401 North Main Street Euless, Texas 76039 3396, 3566 Grapevine Elementary School City of Grapevine - 3396 1801 Hall -Johnson Road Grapevine, Texas 76051 3421, 3193, 3662 First Baptist Church Colleyville 5300 Colleyville Boulevard Colleyville, Texas 76034 3422 Ridgeview Elementary School City of Keller 1601 Marshall Ridge Parkway Keller, Texas 76248 3433, 3248, 3582, 3583 W. A. Porter Elementary School 3663 2750 Prestondale Drive Hurst, Texas 76054 3443, 3249, 3322 Concordia Lutheran Church 3705 Harwood Road Bedford, Texas 76021 3465, 3647 The Met Church Was Heritage Church of 11301 Old Denton Road Christ Fort Worth, Texas 76244 3469 Dancing River Assisted Living Center City of Grapevine 3735 Ira E. Woods Avenue Grapevine, Texas 76051 3471, 3365, 3580 WestWind Church City of Keller 1300 Sarah Brooks Drive Precincts 3365, 3580 were at Keller, Texas 76248 Hidden Lakes HOA Clubhouse 3486, 3240 Independence Elementary School City of Keller - 3240 11773 Bray Birch Lane Fort Worth, Texas 76244 3502, 3286, 3500, 3579 Fellowship Church Keller City of Keller - 3502 2525 Florence Road Town of Trophy Club - 3500 Keller, Texas 76262 Was River of Grace Church 3507 North Park Baptist Church 7025 Mid Cities Boulevard North Richland Hills, Texas 76182 3509 Watauga Community Center 7901 Indian Springs Road Watauga, Texas 76148 18 Town Council Minutes October 13, 2015 Page 35 of 213Town Council Page 41 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/ 15) Precincts at Site Election Day Polling Location Entity 3526, 3470, 3558 Southlake Town Hall City of Grapevine - 3470 1400 Main Street Southlake, Texas 76092 3527 Wellspring Church 7300 Smithfield Road North Richland Hills, Texas 76182 3529, 3545 New Day Church 101 East Highland Street Southlake, Texas 76092 3542, 3035 First Presbyterian Church Grapevine City of Grapevine 1002 Park Boulevard Was Grapevine Church of Grapevine, Texas 76051 Christ 3552 Northpark YMCA 9100 North Beach Street Fort Worth, Texas 76244 3554 Bear Creek Bible Church City of Keller 1555 North Tarrant Parkway Keller, Texas 76248 3570 Lone Star Elementary School 4647 Shiver Road Fort Worth, Texas 76244 3626, 3392, 3624, 3668 St. Martin in -the -Fields Episcopal Church City of Keller — 3392,3624,3668 223 South Pearson Lane Precincts 3668, 3624 were at Keller, Texas 76248 Hidden Lakes HOA Clubhouse 3637 Light of the World Church 8750 Old Denton Road Keller, Texas 76248 3646 John M. Tidwell Middle School 3937 Haslet -Roanoke Road Fort Worth, Texas 76262 3648 Woodland Springs Elementary School City of Keller 12120 Woodland Springs Drive Fort Worth, Texas 76244 4016, 4350 South Hi Mount Elementary School 4101 Birchman Avenue Fort Worth, Texas 76107 4018, 4531, 4666 Saginaw Senior Center Log Cabin - 405 South Belmont Street Saginaw, Texas 76179 4020 West Freeway Church of Christ City of White Settlement 8000 Western Hills Boulevard White Settlement, Texas 76108 19 Town Council Minutes October 13, 2015 Page 36 of 213Town Council Page 42 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15) Precincts at Site 4042, 4239, 4362 4044, 4371 4046 4047, 4395 4048, 4051 4050 4057, 4492, 4493, 4634 4060 4067 4068, 4685 4069 4070,1241 4086 Election Day Polling Location Landmark Baptist Church 1909 Thomas Road Haltom City, Texas 76117 Lakeview Fellowship 9940 Morris Dido Newark Road Fort Worth, Texas 76179 B. J. Clark Annex 603 Southeast Parkway Azle, Texas 76020 Azle ISD Instructional Support Center 483 Sandy Beach Road, Suite C Azle, Texas 76020 M. G. Ellis Early Childhood School 215 Northeast 14th Street Fort Worth, Texas 76164 Thompson Chapel United Methodist Church 2804 Prospect Avenue Fort Worth, Texas 76106 Trinity Terrace 1600 Texas Street Fort Worth, Texas 76102 De Zavala Elementary School 1419 College Avenue Fort Worth, Texas 76104 Rufino E. Mendoza, Sr. Elementary School 1412 Denver Avenue Fort Worth, Texas 76164 Entity City of Haltom City Was Eagle Mountain Elem. New site requested by EMS ISD. Rosen Heights Baptist Church Family Life Center 2519 Prairie Avenue Fort Worth, Texas 76164 Lost Creek Golf Course 4101 Lost Creek Boulevard Aledo, Texas 76008 Southwest YMCA 4750 Barwick Drive Fort Worth, Texas 76132 Connell Baptist Church 4736 Bryce Avenue Fort Worth, Texas 76107 4087, 4092 Northside Family Resource Center 2011 Prospect Avenue Fort Worth, Texas 76164 20 Town Council Minutes October 13, 2015 Page 37 of 213Town Council Page 43 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15) Precincts at Site Election Day Polling Location Entity 4091 Sheriffs Office North Patrol Division City of Lake Worth 6651 Lake Worth Boulevard Lake Worth, Texas 76135 4093 Diamond Hill Community Center 1701 Northeast 36th Street Fort Worth, Texas 76106 4097, 4312, 4475, 4478 George C. Clarke Elementary School 3300 South Henderson Street Fort Worth, Texas 76110 4101 Knights of Columbus 3809 Yucca Avenue Fort Worth, Texas 76111 4102, 1430, 1623, 1625 Moose Lodge 1889 Haltom City City of Haltom City — 4102, 4483, 4485 5001 Bernice Street 4483, 4485 Haltom City, Texas 76117 4107, 1412 Worth Heights Community Center 3551 New York Avenue Fort Worth, Texas 76110 4110, 4563 Northside Community Center 1100 Northwest 18th Street Fort Worth, Texas 76164 4115 Westover Hills Town Hall 5824 Merrymount Road Westover Hills, Texas 76107 4116, 4496 North Hi Mount Elementary School 3801 West 7th Street Fort Worth, Texas 76107 4118 Ridglea Theater Lounge 6031 Camp Bowie Boulevard Fort Worth, Texas 76116 4121 River Oaks United Methodist Church 4800 Ohio Garden Road River Oaks, Texas 76114 4122, 4017, 4073, 4397 Azle Avenue Baptist Church 4565, 4568, 4688, 4689 2901 Azle Avenue Fort Worth, Texas 76106 4123 Decatur Avenue Baptist Church 3715 Decatur Avenue Fort Worth, Texas 76106 4124, 4573 Calvary Cathedral 1701 Oakhurst Scenic Drive Fort Worth, Texas 76111 21 Town Council Minutes October 13, 2015 Page 38 of 213Town Council Page 44 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/ 15) Precincts at Site Election Day Polling Location Entity 4125, 4512, 4592, 4687 Trinity Baptist Church 620 Churchill Road Fort Worth, Texas 76114 4128 Hawaiian Falls — Aloha Event Center City of White Settlement 8905 Clifford Street Was Wesley United Methodist White Settlement, Texas 76108 Church 4130 Congregation Ahavath Sholom 4050 South Hulen Street Fort Worth, Texas 76109 4135, 1337 Western Hills Church of Christ City of Benbrook - 1337 8800 Chapin Road Fort Worth, Texas 76116 4136, 4129, 4630 Agape Baptist Church City of Benbrook - 4630 3900 Southwest Boulevard Fort Worth, Texas 76116 4137 Jo Kelly School 201 North Bailey Avenue Fort Worth, Texas 76107 4138, 4285, 4400, 4487 Sansom Park City Hall City of Lake Worth - 4285 4593, 4595, 4686, 4690 5705 Azle Avenue 4691, 4692, 4693 Sansom Park, Texas 76114 4141, 4629 Haltom City Public Library City of Haltom City - 4141 4809 Haltom Road Haltom City, Texas 76117 4144, 4252 Westworth Village City Hall City of White Settlement - 311 Burton Hill Road 4144 Westworth Village, Texas 76114 4155 Grace Fellowship Baptist Church 3801 McCart Avenue Fort Worth, Texas 76110 4159, 4218, 4602 Haltom City Northeast Center City of Haltom City — 4159, 3201 Friendly Lane 4218 Haltom City, Texas 76117 4162, 4245, 4596, 4682 4163 Riverside Applied Learning Center 3600 Fossil Drive Fort Worth, Texas 76111 Southcliff Baptist Church 4100 Southwest Loop 820 Fort Worth, Texas 76109 4178 Brookdale Ridgmar 2151 Green Oaks Road Fort Worth, Texas 76116 22 Town Council Minutes October 13, 2015 Page 39 of 213Town Council Page 45 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/ 15) Precincts at Site Election Day Polling Location Entity 4179 R. D. Evans Community Center 3242 Lackland Road Fort Worth, Texas 76116 4182 Tanglewood Elementary School 3060 Overton Park Drive West Fort Worth, Texas 76109 4195 Richard J. Wilson Elementary School 900 West Fogg Street Fort Worth, Texas 76110 4201 Worth Heights Elementary School 519 East Butler Street Fort Worth, Texas 76110 4202, 4598 River Oaks Library 4900 River Oaks Boulevard River Oaks, Texas 76114 4203 Holiday Inn Express 2730 South Cherry Lane Fort Worth, Texas 76116 4204 White Settlement Public Library City of White Settlement 8215 White Settlement Road White Settlement, Texas 76108 4222, 4452 L. A. Gilliland Elementary School 701 Waggoman Road Blue Mound, Texas 76131 4230 Bethel United Methodist Church City of Benbrook 5000 Southwest Boulevard Fort Worth, Texas 76116 4231 Diamond Hill -Jarvis Branch Library 1300 Northeast 35th Street Fort Worth, Texas 76106 4232 Creekview Middle School 6716 Bob Hanger Street Fort Worth, Texas 76179 4233, 4370, 4432 Southside Church of Christ 2101 Hemphill Street Fort Worth, Texas 76110 4234 Park Glen Elementary School 5100 Glen Canyon Road Fort Worth, Texas 76137 4242, 4373 Lake Patrol Headquarters City of Lake Worth - 4242 7501 Surfside Drive Fort Worth, Texas 76135 23 Town Council Minutes October 13, 2015 Page 40 of 213Town Council Page 46 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15) Precincts at Site Election Day Polling Location Entity 4243, 4113 Westside Victory Church City of White Settlement - 6154 Meandering Road 4113 Fort Worth, Texas 76114 4250, 4604 American Paint Horse Association Office 2800 Meacham Boulevard Fort Worth, Texas 76137 4253, 1678, 4572, 4615 Charles E. Nash Elementary School 4640, 4683 401 Samuels Avenue Fort Worth, Texas 76102 4256, 1351, 1481, 1628 Hubbard Heights Elementary School 1333 West Spurgeon Street Fort Worth, Texas 76115 4259, 4065 Lakeside Town Hall 9830 Confederate Park Road Lakeside, Texas 76108 4261, 4528 Bluebonnet Elementary School 7000 Teal Drive Fort Worth, Texas 76137 4272 Grace Baptist Church 1501 Jim Wright Freeway Fort Worth, Texas 76108 4276 Redeemer Bible Church 100 Verna Trail North Fort Worth, Texas 76108 4290 O. H. Stowe Elementary School City of Haltom City 4201 Rita Lane Haltom City, Texas 76117 4328 W. G. Thomas Coliseum City of Haltom City 6108 Broadway Avenue Haltom City, Texas 76117 4338 Highland Middle School 1001 East Bailey Boswell Road Saginaw, Texas 76131 4340, 4284 Good Shepherd Lutheran Church 1313 Southeast Parkway Azle, Texas 76020 4342 Faith Lutheran Church 4551 Southwest Boulevard Fort Worth, Texas 76116 4343, 1366 Arborlawn United Methodist Church Annex Building 4917 Briarhaven Road Fort Worth, Texas 76109 24 Town Council Minutes October 13, 2015 Page 41 of 213Town Council Page 47 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/ 16/15) Precincts at Site Election Day Polling Location Entity 4344 Arlington Heights Christian Church 4629 Bryce Avenue Fort Worth, Texas 76107 4374 Summerglen Branch Library 4205 Basswood Boulevard Fort Worth, Texas 76137 4375 Lighthouse Fellowship 7200 Robertson Road Fort Worth, Texas 76135 4410 Glenview Baptist Church City of Haltom City 4805 N.E. Loop 820 Fort Worth, Texas 76137 4454, 4429, 4694 Wayside Middle School 1300 North Old Decatur Road Saginaw, Texas 76179 4456 Ridglea United Methodist Church 6036 Locke Avenue Fort Worth, Texas 76116 4497 Birchman Baptist Church 2700 Dale Lane Fort Worth, Texas 76116 4498 Trinity Episcopal Church 3401 Bellaire Drive South Fort Worth, Texas 76109 4499 Northbrook Elementary School 2500 Cantrell Sansom Road Fort Worth, Texas 76131 4503 Springdale Baptist Church 3016 Selma Street Fort Worth, Texas 76111 4508 Parkview Elementary School 6900 Bayberry Drive Fort Worth, Texas 76137 4532, 4045 Eagle Mountain Fire Hall 1 9500 Live Oak Lane Saginaw, Texas 76179 4533 First Baptist Church of Fort Worth City of Haltom City 5001 Northeast Loop 820 Haltom City, Texas 76137 4534, 4369 Chapel Creek Fellowship Was Normandale Baptist 501 Academy Boulevard Church Fort Worth, Texas 76108 25 Town Council Minutes October 13, 2015 Page 42 of 213Town Council Page 48 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT A - November 3, 2015 Elections — 358 sites total (as of 9/16/15) Precincts at Site 4540 4551,4053 4587, 4288 4588 4591 4599, 4638 4649 4650 Election Day Polling Location Remarkable Health Care 6649 North Riverside Drive Fort Worth, Texas 76137 Northwest Baptist Church 5500 Boat Club Road Fort Worth, Texas 76135 Entity City of Lake Worth - 4053 Macedonia Missionary Baptist Church Ministry Center 2740 South Freeway Fort Worth, Texas 76104 Hillwood Middle School 8250 Parkwood Hill Boulevard Fort Worth, Texas 76137 Chisholm Ridge Elementary School 8301 Running River Lane Fort Worth, Texas 76131 Destiny Center 10200 FM 156 Fort Worth, Texas 76131 Saginaw Church of Christ 201 Western Avenue Saginaw, Texas 76179 Northwest Branch Library 6228 Crystal Lake Drive Fort Worth, Texas 76179 3e] Town Council Minutes October 13, 2015 Page 43 of 213Town Council Page 49 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT B - TARRANT COUNTY EARLY VOTING VowON ADELANTADA DEL CONDADO DE TARRANT) NOVEMBER 3, 2015 3 DE NOVIEMBRE DE 2015) CONSTITUTIONAL AMENDMENTS AND JOINT ELECTIONS ELECCIONES SOBRE ENMIENDAS CONSTITUCIONAL Y CONJUNTAS) This schedule of Early Voting locations, dates and times applies to voters in Tarrant County and the following cities, towns, schools, library and water districts (Este horario de casetas de votacidn adelantada, sus fechas y tiempos aplican a votantes del Condado de Tarrant y los siguientes ciudades, pueblos, esco/ares, biblioteca y distritos de agua): Benbrook, Flower Mound, Grapevine, Haltom City, Keller, Lake Worth, Richland Hills, Trophy Club, White Settlement, Godley ISD, Mansfield ISD, Benbrook Library District and Benbrook Water District. EARLY VOTING BY PERSONAL APPEARANCE DAYS AND HOURS DIAS Y HORAS DE VOTACION TEMPRANO POR APARICION PERSONAL) October (Octubre) 19 — 23 Monday — Friday (tunes — Viernes) 8:00 a.m. — 5:00 p.m. October (Octubre) 24 Saturday (S6bado) 7:00 a.m. — 7:00 p.m. October (Octubre) 25 Sunday (Domingo) 11:00 a.m. — 4:00 p.m. October (Octubre) 26 — 28 Monday— Wednesday (tunes — Miercoles) 8:00 a.m. — 5:00 p.m. October (Octubre) 29 — 30 Thursday — Friday (Jueves — Viernes) 7:00 a.m. — 7:00 p.m. Location Address City zip Code Ubicaci6n) (Direcci6n) (Ciudad) (C6digo oostal) 1 Bob Duncan Center 2800 S Center Street Arlington 76014 2 Elzie Odom Athletic Center 1601 NE Green Oaks Boulevard Arlington 76006 3 Center for Community Service Junior League of Arlington 4002 W Pioneer Parkway Arlington 76013 4 South Service Center 1100 SW Green Oaks Boulevard Arlington 76017 5 Tarrant County Sub -Courthouse in Arlington 700 E Abram Street Arlington 76010 6 Tarrant County College Southeast Campus EMB - C Portable Building 2100 Southeast Parkway Arlington 76018 7 B J Clark Annex Room 4 603 Southeast Parkway Azle 76020 8 Bedford Public Library 2424 Forest Ridge Drive Bedford 76021 9 Benbrook Community Center 228 San Angelo Avenue Benbrook 76126 10 Colleyville City Hall 100 Main Street Colleyville 76034 11 Crowley Community Center 900 E Glendale Street Crowley 76036 12 Euless Public Library 201 N Ector Drive Euless 76039 13 Forest Hill Civic and Convention Center 6901 Wichita Street Forest Hill 76140 14 All Saints Catholic Church Parish Hall 200 NW 20`h Street Fort Worth 76164 15 Diamond Hill/Jarvis Library 1300 NE 35`h Street Fort Worth 76106 16 Griffin Sub -Courthouse 3212 Miller Avenue Fort Worth 76119 17 Handley-Meadowbrook Community Center 6201 Beaty Street Fort Worth 76112 18 James Avenue Service Center 5001 James Avenue Fort Worth 76115 19 JPS Health Center Viola M. Pitts/Como Lower Level —Suite 100 4701 Bryant Irvin Road N Fort Worth 76107 20 Southside Community Center 959 E Rosedale Street Fort Worth 76104 21 Southwest Sub -Courthouse 6551 Granbury Road Fort Worth 76133 22 Summerglen Branch Library 4205 Basswood Boulevard Fort Worth 76137 23 Tarrant County Election Center Main Early Voting Site Principal sitio de votacidn adelantoda) 2700 Premier Street Fort Worth 76111 24 Tarrant County Plaza Building 201 Burnett Street Fort Worth 76102 25 Villages of Woodland Springs Amenity Center 12209 Timberland Boulevard Fort Worth 76244 26 Worth Heights Community Center 3551 New York Avenue Fort Worth 76110 27 Godley ISD Administration Building 313 N Pearson Street Godley 76004 28 Asia Times Square 2615 W Pioneer Parkway Corner Pioneer Pkwy and Great Southwest Pkwy) Grand Prairie 75051 9117/2015 9:40:27 AM Town Council Minutes October 13, 2015 Page 44 of 213Town Council Page 50 of 282 Meeting Date: November 10, 2015 DR A F T TARRANT COUNTY EARLY VOTING VOTAC16N ADELANTADA DEL CONDADO DE TARRANT) NOVEMBER 3, 2015 3 DE NOVIEMBRE DE 2015) CONSTITUTIONAL AMENDMENTS AND JOINT ELECTIONS ELECCIONES SOBRE ENMIENDAS CONSTITUCIONAL y CONJUNTAS) List of Early Voting locations continued Lista de cosetas de votaci6n adelantoda continu6) Location Address City Zip Code Ubicaci6n) (Direcci6n) (Ciudad) (C6digo postal) 29 Lake Park Operations Center 5610 Lake Ridge Parkway Grand Prairie 75052 30 The REC of Grapevine 1175 Municipal Way Grapevine 76051 31 Haltom City Northeast Center 3201 Friendly Lane Haltom City 76117 32 Hurst Recreation Center 700 Mary Drive Hurst 76053 33 Northeast Courthouse Community Room 645 Grapevine Highway Hurst 76054 34 Keller Town Hall 1100 Bear Creek Parkway Keller 76248 35 Kennedale Community Center 316 W 3rd Street Kennedale 76060 36 Sheriff's Office North Patrol Division 6651 Lake Worth Boulevard Lake Worth 76135 37 Mansfield Sub -Courthouse 1100 E Broad Street Mansfield 76063 38 Dan Echols Center 6801 Glenview Drive N Richland Hills 76180 39 Richland Hills Community Center 3204 Diana Drive Richland Hills 76118 40 Eagle Mountain -Saginaw ISD Administration Building 6—Training Room 1200 Old Decatur Road Saginaw 76179 41 Southlake Town Hall 1400 Main Street Southlake 76092 42 White Settlement Public Library 8215 White Settlement Road White Settlement 76108 Application for a Ballot by Mail may be downloaded from our website: www.tarrantcounty.com/elections Solicitud para Boleta par Correa se puede descorgar de nuestro sitio web): www.tarrantcounty.com/elections Information by phone: Tarrant County Elections Administration, 817-831-8683 Informacion por telefono): (Administraci6n de Elecciones del Condado de Tarrant 817-831-8683) Applications for a Ballot by Mail may be submitted between September 1, 2015 and October 23, 2015 by mail, fax or email to: Solicitudes para una Boleto par Correa pueden ser sometidas entre el 1 de Septiembre de 2015 y 23 de Octubre de 2015 par correo, fax o email a): Early Voting Clerk (Secretario De Votacidn Adelontoda) PO Box 961011 Fort Worth TX 76161-0011 Fax: 817-831-6118 Email: votebymail@tarrantcounty.com WIVI IOMMOU/t1SJ Town Council Minutes October 13, 2015 Page 45 of 213Town Council Page 51 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT B Partially Executed – Termination of Service Contract Town Council Minutes October 13, 2015 Page 46 of 213Town Council Page 52 of 282 Meeting Date: November 10, 2015 DR A F T AGREED TERMINATION OF SERVICE CONTRACT THIS AGREED TERMINATION OF SERVICE CONTRACT is entered into by and between the Town of Trophy Club , Texas , a home rule municipality located within Denton and Tarrant Counties (hereinafter "Town ") and Trophy Club Economic Development Corporation 4B , a corporation formed pursuant to the laws of the State of Texas (hereinafter "EDC4B ") for the purpose of terminating all contractual obligations between the parties arising from and pursuant to a "Service Contract" executed by the parties on or about January 7 , 2013 wherein EDC4B agreed to make debt service payments on a Town bond issuance , as more fully described below (hereinafter "Contract"). AGREEMENT OF THE PARTIES Town and EDC4B entered into the Contract wherein EDC4B agreed to make debt service payments for the 2002 Bond Issuance of $1,400 ,000.00 (hereinafter "Bond Issuance ") approved by the Town voters for the purpose of constructing and equipping a municipal park and swimming pool (hereinafter "Project"). Pursuant to Section II of the Contract, the cost participation of EDC4B was to be seventy-two percent (72%) of the principal and interest for the Bond Issuance paid in annual installments for a period of sixteen (16) years , unless that period was extended as provided in the Contract. As a result of recent economic development activities within the Town , both the Town and EDC4B have agreed that it serves their mutual best interests for EDC4B to be released from its obligations under the Contract and to utilize its revenue on new projects to promote economic development within the Town and for Town to pay the costs of the Bond Issuance and Project from other municipal revenues legally available to the Town. Page I Town Council Minutes October 13, 2015 Page 47 of 213Town Council Page 53 of 282 Meeting Date: November 10, 2015 DR A F T IN WITNESS WHEREOF, the parties hereto agree that it serves their mutual best interests to terminate the Contract and that the cross promises provided herein are valid consideration for the execution of this Agreed Termination. Therefore, EDC4B shall have no further obligations under the Service Contract, and the Contract shall be terminated upon the approval and execution of this Agreed Termination by both parties hereto. EDC4B and the Town , acting under authority of their respective governing bodies , have caused this Agreed Termination to be approved and duly executed by the respective parties identified below , and this Agreed Termination shall become effective on the date of the last signature hereto. Date : l0/6/15 • I Date : ------ TOWN OF TROPHY CLUB, TEXAS e~~- C. Nick Sanders, Mayor Town of Trophy Club TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION 4B Gregory Wilson , President, Board of Directors Page 2 Town Council Minutes October 13, 2015 Page 48 of 213Town Council Page 54 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT C Partially Executed – Public Safety Application Support and Maintenance Agreement Town Council Minutes October 13, 2015 Page 49 of 213Town Council Page 55 of 282 Meeting Date: November 10, 2015 DR A F T STATE OF TEXAS § § COUNIY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR PUBLIC SAFITY APPLICATION SUPPORT AND MAINTENANCE This Interlocal Cooperation Agreement for Pub lic Safety Application Support and Maintenance, hereinafter referred to as "Agreement'', is made by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as the "County", and I Na me o f Age n cy: TQWD Qf Irooby Club . Tuxas hereinafter referred to as "Agency1'. WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County, Texas; and WHEREAS, Agency is duly organized and operating under the laws of the State of Texas engaged in the provision of munic ipal government and/ or related services for the benefit of the citizens of Agency; and WHEREAS, County and Agency agree that the uti lization of combined support and maintenance of public safety systems wi ll be in the best interests of both County and Agency, WHEREAS, County and Agency desire to maximize the value in the utilized public safety applications to improve public safety and law enforcement throughout Denton County, WHEREAS, County and Agency mutuall y desire to be subject to the provisions of the Interlocal Cooperation Act of the V.T.C.A. Government Code, Chapter 791; and NOW THEREFORE, Coun ty and Agency, for the mutual consideration hereinafter stated, agree and understand as follows : 1. PURPOSE. The Denton County Department of Technology Services has the resources to provide public safety application support service throughout Denton County. Agency wishes to utilize County's available public safety application support se rvic es ("Services") during the term of this agreement. 2 . TERM OF AGREEMENT . The term of this Agreement shall be for a one year period beginning October 1, 2015 and ending on September 30, 2016. Agency may select the desired level of support (either Basic or Enhanced) for each term of Agreement. 3. TERMINATION OF AGREEMENT . Either party may terminate this agreement, with or without cause, after providing sixty (60) days written notice to the other party. lnterlocal Coo p eration Agreem e nt fo r 2015-16 Page lof6 Publi c Safety Appli cation Suppor t and M a inte na nce Town Council Minutes October 13, 2015 Page 50 of 213Town Council Page 56 of 282 Meeting Date: November 10, 2015 DR A F T 4. BASIC SUPPORT. Each Agency that participates in the Denton County Shared Governance Communications & Dispatch Services System shall be eligible to receive basic support (as defined in Exhibit "A" -Service Level Agreement) from County at no additional cost. 5. ENHANCED SUPPORT. Each Agency that participates in the Denton County Shared Governance Communications & Dispatch Services System shall be eligible to select optional enhanced support (as defined in Exhibit "A" -Service Level Agreement) from County. 5.1 If this Agreement is terminated prior to the expiration of the term of Agreement, County shall send a pro-rated refund of the optional enhanced support fees back to Agency based on the amount of time left on the original agreement term. 5.2 In the initial term of Agreement, Enhanced Support services will begin in January 2015 and will be pro-rated for 9 months of services. In future years the Enhanced Support services will begin in October. Before January 201 ?, participating agencies will automatically receive Basic Support services. 5.3. Agency shall pay to County the Total Amount more fully described on Exhibit "B". 6. SOITW ARE LICENSES AND MAINI'ENANCE. "Software" shall be defined as supported applications as described in Exhibit "A" -Service Level Agreement. Each Agency that participates in the Denton County Shared Governance Communications & Dispatch ~ervices System shall be responsible for its own Software licenses and maintenance. 6.1. Agency is responsible for purchasing any new Software licenses required by Agency. 6.2. Agency is responsible for payment of all maintenance fees on Software currently in use by Agency. Payment may be made either directly to the software manufacturer or as a reimbursement to County for maintenance paid on Agency's behalf. Maintenance fees that are paid by County on behalf of Agency are described in Exhibit "B". County will work with Agency and software manufacturer to transfer Agency specific maintenance costs to bill directly to Agency (instead of billing to County and requiring reimbursement from Agency). 6.3 If this Agreement is terminated prior to the expiration of the term of Agreement, maintenance fees already paid to the software manufacturer are not eligible for refund. 7. COUNIY SERVICES AND RESPONSIBILITIES . County agrees to provide the following services and responsibilities: 7 .1 County shall provide either Basic Support Services or Enhanced Support Services as more fully described on Exhibit "A" based on Agency's selection. 7 .2 If applicable, County shall provide any mutually agreed Additional Agency Specific Services as more fully described on Exhibit "A". 7 .3 County shall have the sole discretion as to the method of providing the Services and shall be the sole judge as to the most expeditious and effective manner of handling and responding to service requests. County will devote sufficient time to insure the performance of all duties and obligations· set forth herein. Interlocal Cooperation Ag r eem ent fo r 2015 -16 Page 2 of 6 Public Safety Appli cation Support a nd M a inten a n ce Town Council Minutes October 13, 2015 Page 51 of 213Town Council Page 57 of 282 Meeting Date: November 10, 2015 DR A F T 8. AGENCY RESPONSIBILmES. Agency agree s to the fo ll owing responsibilities: 8.1 Furnish County with a current list of key contacts including an IT coordinator contact on page 1 of Exhibit "A". 8.2 Except as oth erwise specificall y provided by County Services and Responsibi lities (in section 7 above), Agency is responsible for the costs and upgrades associated with maintaining all Agency computer equipment, network equipment, and software. 8 .3 Agency agrees to abide by a ll laws of the United States and the State of Texas and a ll present or h ereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the future associated with TLETS concerning the collection , storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes. 8.4 Agency shall select the desired level of support (either Basic or Enhanced) on the signature page to this Agreement. 8.5 Agency is responsible for sending payments to County (Denton County Auditor, Attn: Public Safety App lication Support & Maintenance, 401 W. Hickory St, Ste 423, De n ton, TX 76201) as more fully described in Exhibit "B" to this Agreement within 3 0 calendar days of approval of Agreement. 9. AGREEMENf. The parties acknowledge they have read and understand and intend to be bound by the terms and conditions of this Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof. No prior understandings , whether verbal or written, between the parties or their agents are enforceable unless included in writing in this agreement. This Agreement may be amended only by written insh'ument signed by both parties. 10. AGREEMENf LIASONS. Each party to this agreement shall designate a Liaison to insure the performance of all duties and obligations of the parties. The Liaison for each party shall devote sufficient time and attention to the execution of said duties on behalf of the Party to ensure full compliance with the terms and conditions of this Agreement. 11 . ASSIGNMENf. Neither party shall assign, transfer, or sub -contract any of its rights, burdens, duties, or obligations under this Agreement without the prior written permission of the othe r party to this Agreement. 12. AGENCY LIABILITY. Agency understands and agrees that Agency, its employees , servants, agents , and representatives shall at no time represent themselves to be employees, servants, agents, or representatives of County. Agency shall not be required to indemnify nor defend County for any liability arising out of the wrongful acts of employees or agents of County to the extent allowed by Texas law. 13 . COUNfY LIABILITY. County understands and agrees that County, its employees , servants, agents , and representatives shall at no time represent themselves to be employees , servants, agents, or representatives of Agency. County shall not be required to indemnify nor defend Agency for any liability arising out of the wrongful acts of employees or agents of Ag ency to the extent allowed by Texas law. Inte rl oca l Cooperation Agr ee ment fo r 2015 -16 Page 3 of6 Public Sa fety Appli ca tion Suppor t a nd Ma inten a nce Town Council Minutes October 13, 2015 Page 52 of 213Town Council Page 58 of 282 Meeting Date: November 10, 2015 DR A F T 14. DISPlITES/RECOURSE. County and Agency agree that any disputes or disagreements that may arise w h ich are not reso lved at th e staff leve l by the parties should be referred to the Appointed Liai sons for each entity. Any further disputes arising from the failure of either Agency or County to perform sh a ll be submitted to mediation, with the parties splitting the mediation fees equall y. It is further agreed and understood that the scope of matters to be submitted to dispute med iation as referenced above is limited to disputes concerning sufficiency of performance and duty to pay or entitlement, if any, to any reduced fee or compensation. Any other disputes or conflicts involving damages or claimed remedies outside the scope of sufficiency of performance and compensation adjustment shall be referred to a court of competent jurisdiction in Denton County, Texas. 15. EXHIBITS. Attached hereto, and referred to elsewhere in this Agreement are the following Exhibits, which are hereby incorporated by reference. Exhibit A ExhibitB Cost Schedule for Maintenance and Enhanced Su rt 16. MULTIPLE ORIGINAfS. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 1 7 . NOTICES. All notices, demands or other writings may be delivered by either party by U.S. First Class Mail or by other reliable courier to the parties at the following addresses: County: 1 Denton County Judge Denton County Commissioners Court 110 West Hickory , Room #207 Denton, Texas 76201 2 Chief Information Officer (CIO) Denton County Technology Services 701 Kimberly Drive, Suite 285 Denton, Texas 76208 3 Assistant District Attorney Denton County Criminal District Attorney's Office 14 50 E. McKinney Street, 3rct Floor PO Box 2344 Denton, Texas 76202 Name of Agency: Town of Trophy Club Contact Person Stephen Seidel Town Manaqer Address 100 Municipal Drive City, State, Zip Trophy Club , TX 76262 Telephone 682-831 -4600 Interlocal Coop eration Agreement fo r 2015-16 Page 4of6 Publi c Sa fety Appli ca tion Support a nd Ma inten an ce Town Council Minutes October 13, 2015 Page 53 of 213Town Council Page 59 of 282 Meeting Date: November 10, 2015 DR A F T 18. SEVERABILTIY. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be performed and all compensation payable in Denton County, Texas. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 19. TIURD PARTY. This Agreement is made for the express purpose of providing public safety application support and maintenance services, which both parties recognize to be a governmental function. Except as provided in this Agreement, neither party assumes any liability beyond that provided by law. This Agreement is not intended to create any liability for the benefit of third parties. 20. VENUE. This agreement will be governed and construed according to the laws of the State of Texas. This agreement shall be performed in Denton County, Texas. 21. WAIVER. The failure of County or Agency to insist upon the performance of any term or provision of this Agreement or to exercise or enforce any right herein conferred, or the waiver of a breach of any provision of this Agreement by either party, shall not be construed as a waiver or relinquishment to any extent of either party's right to assert or rely upon any such term or right, or future breach of such provision, on any future occasion. 22. AUTIIORIZED OmCIALS. Each party has the full power and authority to enter into and perform this Agreement. The persons executing this Agreement represent they have been properly authorized to sign on behalf of their governmental entity. 23. CURRENf FUNDS. All payments made by Agency to County pursuant to this Agreement shall be from current revenues available to Agency. Interlocal Coop er a tion Agreement for 2015 -16 Page 5of 6 Public Sa fety Appli cation Support and M a inten a n ce Town Council Minutes October 13, 2015 Page 54 of 213Town Council Page 60 of 282 Meeting Date: November 10, 2015 DR A F T DENTON COUNIY, TEXAS Mary Horn, County Judge Denton County Commissioners Court 110 West Hickory, Room #207 Denton, Texas 76201 (940)349 -2820 EXECUT.ED duplicate originals on this Date:. __________ _ Approved as to form: Assistant District Attorney Denton County Criminal District Attorney's Office lnterlocal Cooper a tion Ag r eem ent for Public Safety Appli cation Support a nd Mainten a nce AGENCY Please select the desired support level: Basic Support -or- l><] Enhanced Support ~~ Sig nature C. Nick Sanders , Mayor Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 682 -831 -4608 EXECUTED duplicate originals on this Date: ID / 15 / 15 Approved as to form: W,u~ Attorney for Agency 2015-16 Page 6of 6 Town Council Minutes October 13, 2015 Page 55 of 213Town Council Page 61 of 282 Meeting Date: November 10, 2015 DR A F T DENroN CouNTY-DEPARThENTOFTEctN:x..ooY SERvlces SERVICE LEVEL AGREBv1ENT-~ St>J:ET'f f.GN::Es Version Version Date Revision I Description 1.0 10/1/2014 Initial Version Name of "Agency " I Town of Trophy Club. TX Agency Locations Agency Contacts Title Name Email Agreement Liason Patrick Arata parata@trophyclub .org IT Coordinator Mike Pastor m pastor@trop hycl u b. org Additional Agency Specific Services Exhibit A -Service Level Agreement vi .0 -Public Safety Agencies Exl-erA Phone 682-831-4650 682-831-4604 Page l of 11 Town Council Minutes October 13, 2015 Page 56 of 213Town Council Page 62 of 282 Meeting Date: November 10, 2015 DR A F T DENroNCouNTY-0EPART111ENTOFTEcl-to..oGYSeRvlces SERVICE 1..E\113.. AGREEMENT -F\e..c $A.FETY /lraas County Contacts Title Name Email Agreement Liason & Isaac White Isaac. Wh ite @ dentoncounty .com Aoolication Support Manager Application Support Administrator Cathy Stanley Cathy. Stan ley @ dentoncounty .com Chief Information Officer Kevin Carr Kevin . Carr@ dentoncounty.com Deputy Chief Information Officer Brian King Brian. King@ dentoncounty .com Technical Services Manager Damian Van Zile Damian.VanZile@ dentoncounty.com Desktop Operations Manager Shawn Buchanan Shawn. B uchanan @dentoncounty.com Server Operations Manager Ray Rose Ray . Rose @ dentoncounty.com Network Operations Manager Don Click Don . Click@ dentoncounty .com HELP DESK HelpDesk@ dentoncounty .com Exhibit A -Service Leve l Agreement vi .0 -Pub lic Safety Agencies Exl-mA Phone 940-349-4357 940-349-4357 940-349-4500 940-349-4500 940-349-4357 940-349-4357 940-349-4357 940-349-4357 940-349-4357 Page 2 of I I Town Council Minutes October 13, 2015 Page 57 of 213Town Council Page 63 of 282 Meeting Date: November 10, 2015 DR A F T 0ENroN COUNTY-DEPAR111ENTOFTEcl-Nx.oGY5ERvlc::Es SERVICE LEVEL AGREEMENT-F\B..c ScffTy /lrao=s Table of Contents B<ttiTA 1. Service Overview ................................................................................................................................................................... 4 2. Service Description ................................................................................................................................................................ 4 2.1 Assumptions ...................................................................................................................................................................... 4 2.2 Supported Applications ...................................................................................................................................................... 4 2.3 Available Services ............................................................................................................................................................... 5 3.1 County Responsibility ......................................................................................................................................................... 5 3.2 Agency Responsibility ......................................................................................................................................................... 6 4. Service Support ...................................................................................................................................................................... 7 4.1 Requesting Service ............................................................................................................................................................. 7 4.2 Hours of Coverage .............................................................................................................................................................. 7 4.3 Incident and Request Response and Prioritization .............................................................................................................. 7 4.4 Resolution .......................................................................................................................................................................... 7 4.5 Service Escalation ............................................................................................................................................................... 7 4.6 Priority Levels .................................................................................................................................................................... 8 4.7 Priority level Determination ............................................................................................................................................... 9 4.8 Service Level Measurements .............................................................................................................................................. 9 4.9 Scheduled Maintenance ..................................................................................................................................................... 9 4.10 Unscheduled Maintenance ................................................................................................................................................. 9 5. Customer Service Survey ...................................................................................................................................................... 10 Exhi b it A -Serv ice Leve l Agreeme nt v 1.0 -Publi c Safety Age ncies Page 3of 11 Town Council Minutes October 13, 2015 Page 58 of 213Town Council Page 64 of 282 Meeting Date: November 10, 2015 DR A F T DeNroNCOUNTY-DEPARTlllENTOFTEaflol.oGY SeR\«:es SERVICE LEVEL AGREEMENT-A..w; $6J:Ery Preas 1. Service Overview This is a Service Level Agreement ("SLA ") between the Agency and the Denton County Department of Technology Services ("DTS") to document: • the technical services provided to the Agency; • the general levels of response , availability, and maintenance associated with these services; 8G-erA • the responsibilities of DTS as a provider of these services and of Agency users receiving services ; and • processes for requesting services. 2. Service Description 2.1 Assumptions • An "Incident" is defined as any interruption in the normal functioning of a supported service or system. Incidents that cannot be legitimately resolved within the timeframe of th is SLA or tha t do not have an available workaround, will become part of a Problem Management process . • A "Request " is defined as any new service, a change to an existing service, or removal of an existing service . • An "Inquiry" is defined as a request for information. • Services will be provided in adherence to any related policies, processes and procedures. 2.2 Supported Applications The following software applications will be supported : • SunGard MCT/MFR • ONESolution RMS • OpCenter • Police2Police, Police2Citizen • Any additional SunGard applications purchased under the Denton County contra ct and made available to other agencies. • FIREHOUSE Software Exhibit A -Service Leve l Agreement v l .0 -Pu b lic Safety Agencies Page 4of11 Town Council Minutes October 13, 2015 Page 59 of 213Town Council Page 65 of 282 Meeting Date: November 10, 2015 DR A F T DENroNCouNTY-DEPARTIVENTOFTEaH>L.ooY 5ERW:ES SERVICE LEVEL AGRE8v1ENT -Pt.e..r; SAfETy PaN:F, Exl-erA 2.3 Available Services . Basic Support Services: Agencies that choose the Basic Support option will be provided the following services: • Client support services will be provided through the software vendor. • Remote access to county hosted systems for supported applications . • Password resets during normal business hours. • Software update notifications for supported applications. • Maintenance and support of Site -to-Site connections for County owned equipment only. • Participation in the Denton County Law Enforcement Portal (p2c .dentoncounty.com). • Access to the OpCenter web site . Enhanced Support Services: Agencies that choose the Enhanced Support option will be provided the following services : • All services provided under Basic Support Services . • Access to Help Desk after-hours support for critical business issues . • Software update assistance for supported applications. • Maintenance and support of the Site -to-Site connection for both County and Agency equipment. • Access to Training classes for the supported applications provided by DTS as well as other DTS training services. Additional Services: Agencies may negotiate additional services specific to their own agency . Additional agency specific services are included on the first page of this SLA in the "Additional Agency Specific Services" section . ' 3. Roles and Responsibilities 3.1 County Responsibility County responsibilities and/or requirements in support of this Agreement include: • Making best efforts to resolve problems (or find workarounds) within the expected completion times based on the priority for all incidents and requests . Completion times depend on a number of factors including complexity, the availability of the user, access to external resources such as software fixes, and the existence of a solution. • Providing assistance with basic installation of software relating to the listed applications. • Acting as the liaison with vendors or external resources for supported services . • Maintaining and updating all county owned software and hardware required to provide Services for the Supported Applications. • Generating annual reports on service level performance. • Notifying agencies of all scheduled and unscheduled maintenance via e-mail notifications from the DTS Help Desk . • The County is responsible for the costs and maintenance of all County computer equipment, network equipment, and software . • Ensuring the security of the County computer systems and network. Exhibit A -Service Leve l Agreement vi .0 -Public Safety Agenc ies Page 5of11 Town Council Minutes October 13, 2015 Page 60 of 213Town Council Page 66 of 282 Meeting Date: November 10, 2015 DR A F T DENroNCouNTY-DEPARTIIENTOFTEctNx.ooY 5ERvK:Es SERVICE LEVEL AGREEMENT-F\H.c SAFETY kea:s • Preventing unauthorized access to Agency information . • Maintaining regular backups of files and data stored on county owned equipment. 3.2 Agency Responsibility Agency responsibilities and/or requirements in support of this Agreement include: • Payment of all maintenance fees on software currently in use by the Agency. • Payment of all support services selected by the Agency . • Notifying the County of personnel changes in a timely manner. E»erA • Making best effort for availability of user(s) when resolving a service related incident or request. • Submitting requests for service to the Denton County Help Desk . • Communicating plans, changes of needs, and problems to the County in a timely manner. • Except as otherwise specifically provided by this SLA, the Agency is responsible for the costs and maintenance of all Agency computer equipment, network equipment, and software. • Ensuring all Agency owned systems meet minimum requirements for the Supported Applications . • Ensuring the security of the Agency computer systems and network. • Preventing unauthorized access to County information. • Maintaining regular backups of files and data stored on agency owned equipment. • Designating an "Information Technology (IT) Coordinator" to ensure that these responsibilities are carried out and to serve as the primary contact person between the agency and DTS. For Agencies who use the SunGard RMS and/or have a Site-to -Site connection, the IT Coordinator will also be responsible for resetting user passwords for their agency utilizing the SMS application. Because agencies have different needs, IT resources , and levels of internal expertise, the needs and resources of a given agency may not require the IT Coordinator to have an extensive technical background . Exhibit A -Service Level Agreement v 1.0 -Public Safety Agencies Page 6of11 Town Council Minutes October 13, 2015 Page 61 of 213Town Council Page 67 of 282 Meeting Date: November 10, 2015 DR A F T DENroNColMY-DEPARTillENTOFTEafloloGYSERw::e.s SERVICE LEVEL AGREEMENT -A.ru:: &J:£TY IGN:J:s 4. Service Support 4.1 Requesting Service ExttirA • Contact the Denton County Help Desk by one of the options below. In order to ensure the fastest possible service, please do not send requests to a specific County employee. Except for emergencies, drop-ins should be scheduled through the Help Desk. • Phone -Call 940 -349-HELP (4357) Phone service is available during normal hours of operation . Messages left outside of normal hours will be processed the next business day . An on-call technician will be available outside of normal hours for emergency calls only. • Email -Helpdesk@dentoncounty.com E-mail requests will be processed during regular business hours. Email requests can be sent 24 hours a day, 7 days a week. • Information Technology (IT) Coordinator Please contact your IT Coordinator for services not listed . 4.2 Hours of Coverage Service is available during standard operating hours of 8:00am -S:OOpm Monday-Friday, except on County holidays. 4.3 Incident and Request Response and Prioritization • Incoming Service Requests will fall into priority levels of 'Critical', 'Urgent', 'High', 'Medium', 'Normal' and 'Low'. These levels will be identified by type (incident, request for service or inquiry), urgency and impact of the Service Request . If the incident cannot be resolved during the initial call, a DTS technician will be contacted to further research the issue . For responses to Service Requests, the goal for DTS is to respond in a timely manner. 4.4 Resolution • DTS will use reasonable efforts to resolve Service Requests that are within the control of DTS responsibilities. Circumstances beyond DTS control (waiting for parts, response from user, or third party involvement) will constitute a temporary suspension of the SLA clock until appropriate response, replacement parts or services have been received . 4.5 Service Escalation • If you are not satisfied with the level of service on a request, contact your IT Coordinator or the Technical Services Manager of DTS . They will respond to you with the action taken or to develop a solution that meets your needs . Exhibit A -Service Level Agreement vi .0 -Public Safety Agencies Page 7of11 Town Council Minutes October 13, 2015 Page 62 of 213Town Council Page 68 of 282 Meeting Date: November 10, 2015 DR A F T OENroNCol.MTY-DEPARTNENTOFTEct-Nx..ooVSER\nces SERVICE LEVELAGREEMENT-R..ac Stffrv /laJ.as E»erA 4.6 Priority Levels • DTS provides service based on the following Priority Levels. Priority Level Characteristics Priority Level Expected Completion Time Description I ncident Le v els (Standard Business Hou rs Sam -Spm, Monday through Friday) Critical 8 hours • An incident where systems are down or seriously 80% of the time. impacted and/or products/services are unavailable . (Continued repair until ' -operational) • Normally a global issue or a large number of Agency users are being affected . • There is no acceptable workaround to the problem (i.e ., the job cannot be performed in any other way). The commitment of incident management resources is critical. Urgent 1 business day • Issues affecting a large number of users 80% of the time . • Requests that require immediate attention High 2 business days • The issue causes any Agency user to be unable to work 80% of the time. or perform some significant portion of their job. • Incidents where systems are degraded/unreliable; performance and/or legal agreements are at risk. • There is an acceptable and implemented workaround to the problem (i.e., the job can be performed in some other way). The commitment of incident management resources is high . Medium 3 business days • An incident where performance and/or legal agreements 80% of the time . may be degraded . The actual and potential business impact is low in terms of the user. (a few or less users are affected) • The issue causes a Agency user to be unable to perform some small portion of their job, but they are still able to complete most other tasks . May also include questions and requests for information . Exhibit A -Service Leve l Agreeme nt v 1.0 -Public Safety Agenc ies Page 8of 11 Town Council Minutes October 13, 2015 Page 63 of 213Town Council Page 69 of 282 Meeting Date: November 10, 2015 DR A F T DENroN COUNrv-DEPARTllENTOFTEctmL.ooY 5ERvlcEs SER\llCE LEVEL AGRES\llENT -Pl..e..c SAJ:ETy Pa:J..as Exl-DTA • A temporary workaround, alternative, or circumvention is available. There is no commitment of incident management resources outside of business as usual. ' No rma l 5 business days • An incident where performance and/or legal agreements Low 80% of the time . are not at risk . The actual and potential business impact is minimal in terms of the user. 10 days • The cust o mer has requested a new service or 80% of the time . information pertaining to a feature, system or service. 4. 7 Pr iority lev e l Determination • Priority levels will be automatically determined by: • Service Request Type (incident, request for service or inquiry). • Impact {Sing le user, 2 -9 users or 10 or more users). • Urgency {Hig h -User(s) is unable to work, Mediu m -User's work is impacted, Low -A workaround can be implemented or a user's ability to work is not greatly impacted.) Priority Levels (Incidents) Single User 2-9 users 10+ Users High High High Urgent Medium Medium High High Low Normal Medium Medium 4.8 Service Level Measurements • Service levels will be measured based on the overall service level targets for each agency broken out by Priority Levels {Critical, Urgent, High, Medium, Normal, Low). These targets are based on each priority's expected completion times . Service level reports will be run on a yearly basis and reviewed by DTS and Agencies at that time. The minimum number of total Service Requests required to meet the SLA percentage for a given Priority Level will be 12 or more. If an agency has less than 12 SR's in any given priority level then the overall weighted percentage will apply to that priority. 4.9 Scheduled Maintenance • DTS plans scheduled maintenance windows each week (usually on Thursday evenings, starting at 7 p .m. until 7a.m ., the next day) to maintain and increase the security, availability, and performance of the network and supported applications. DTS works to minimize or avoid any disruption to public safety agencies during the maintenance windows . Agencies will be notified if we are aware of an anticipated interruption to public safety systems. A notification reminder will be sent out the morning of the scheduled maintenance day with information about the maintenance being performed . 4.10 Unschedu led Maintenance Exhi b it A -Serv ice Leve l Agreeme nt v 1.0 -P ubl ic Safety Agencies Page 9of 11 Town Council Minutes October 13, 2015 Page 64 of 213Town Council Page 70 of 282 Meeting Date: November 10, 2015 DR A F T DeNroNCouNIY-DEPARTIVENTOFTEaHx..ooV~ SERVICE LEVEL AGRE8v1ENT -F\D.c $6J:£Jy flGN:E Exl-erA • Occasionally DTS may be required to interrupt services to Agency users due to unpredictable maintenance requirements that had not been previously planned but require prompt attention and must have action taken to allow for system restoration and protection of county resources. When possible, email notification will be sent 24 hours, or more, prior to maintenance specifying the work to be performed . 5. Customer Service Survey 5.1 Survey Form • Upon closure of a Service Request, Agency employees will receive a link to the Customer Satisfaction Survey. These surveys are important in gauging work quality within DTS and help improve customer service . 5.2 Customer Satisfaction Survey Ratings-Detailed Definitions Technician went beyond what was required • Quality of work is exceptional ; performance far exceeds the needed requirement to fulfill the request. • Quick to respond . Receptive to needs and was able to understand the request with informative questioning. • The resolution was much faster than expected . • Communication was frequent throughout the entire process and updates during the progress and upon finding a solution were completely understandable . • Actions were taken quickly and an optimal solution was found . • Technician showed an ability to quickly understand the request and utilized their skills to the fullest. • Technician went out of their way in providing support. Excellent • Quality of work is excellent and an extra effort was taken in fulfilling the request . • Quick response in initial contact. Receptive and willing to help . • The resolution was faster than expected. • Technician made sure to communicate status as well as inform user of solution. • Technician went out of their way to properly resolve the issue . • Technician came up with a solution to allow minimal interruption to the user . • Technician took a complete interest in helping . Satisfied • Quality of work is acceptable . • Initial contact was cordial and responsive to my needs . • Has demonstrated the ability to handle the Service Request within an appropr iate timeframe . • Communicated the status as well as resolution. • Solution met the requirement needed to resolve the issue. • Performed the task with the proper technical skills and expertise. • Technician was thorough in taking care of the Service Request . Needs Improvement • Quality of work is poor. Exhibit A -Service Leve l Agreement v 1.0 -Public Safety Agen cies Page 10of11 Town Council Minutes October 13, 2015 Page 65 of 213Town Council Page 71 of 282 Meeting Date: November 10, 2015 DR A F T DENroNCouNTv-DEPARTM:NTOFTEctfloL.oGY 5ERvlcEs SERVICE LEVELAGREEMENT-R.B.c S6.FETY kBas • Access to help was time consuming . 8<1-eTA • Technician did not demonstrate the ability to handle issue within an appropriate timeframe . • Poor communication. Issues were not explained or understood. • Questionable resolution . · • Technician seemed unconfident with ability. • Lack of interest, only helpful enough to get the task completed. Dissatisfied • Failed to meet expectations. • Little or no response to requests. • Issue persists . • Little or no communication during work being done . • No progress was made in response to corrective action . • There is a definite lack of ability and/or willingness . • Technician was rude . Not Applicable • Question being asked does not pertain to the request. Exhibit A -Service Leve l Agreement v 1.0 -Pub lic Safety Agencies Page 11 of 11 Town Council Minutes October 13, 2015 Page 66 of 213Town Council Page 72 of 282 Meeting Date: November 10, 2015 DR A F T EXHIBIT B FY 2016 Cost Schedule for Maintenance and Optional Enhanced Support Police Department Application Maint Amt Qty Total OSSI MCT Client for Digital Dispatch $ 113 .64 10 $ 1,136.00 OSSI Mobile Client Maps I $ 22 .90 I 10 $ 229 .00 OSSI Client AVL Mobile License $ 17.13 6 $ 103 .00 OSSI -MFR Client -Racial Profiling I $ 22 .90 I 10 $ 229.00 OSSI -MFR Client-Base Incident/Offense $ 113.64 10 $ 1,136 .00 OSSI Mob ile Arrest Module I $ 45 .45 I 10 $ 455.00 OSSI Accident Wizard Workstation License Client $ 26 .22 6 $ 157 .00 OSSI -MFR Client Citation I $ 75 .69 I 8 $ 606 .00 OSSI -MFR Client -Accident Reporting $ 75.69 6 $ 454 .00 I I OSSI Client Base Records Management System $ 1,116.77 1 $ 1, 117 .00 Upgrade to Site License I $ 1,690.39 I 1 $ 1,690.00 OSSI -Link Analysis Module $ 305.96 1 $ 306 .00 OSSI RMS Map Display and Pin Mapping License -Site 1 $ 174.84 1 License 1 $ 175.00 OSSI Multi-Jurisdictional RMS Option $ 48.08 1 $ 48.00 OSSI Notification Module [$ 196 .69 I 1 $ 197.00 OSSI Racial Profiling Module-Site $ 43.71 1 $ 44 .00 OSSI Sex Offender Module I $ 131 .13 I 1 $ 131 .00 OSSI Crime Analysis Module -Site License $ 109 .27 1 $ 109 .00 OSSI Base Mobile Server Software Client I $ 477.96 I 1 $ 478.00 OSSI AVL Server Host License $ 344.21 1 $ 344 .00 OSSI Residential Security Watch Module I $ 21 .22 I 1 $ 21 .00 OSSI Review Module for Field Reporting $ 353.61 1 $ 354 .00 OSSl's Integrated Messaging Switch Software I $ 196 .69 I 1 $ 197 .00 Total Maintenance Fees to be reimbursed to County 1 $ 9 ,716 .00 Optional Enhanced Support Fees I $ 3 ,886.00 Total Maintenance + Optional Enhanced Support [ I $13 ,602 .00 Page 1 of 1 Town Council Minutes October 13, 2015 Page 67 of 213Town Council Page 73 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT D Resolution No. 2015-33 Town Council Minutes October 13, 2015 Page 68 of 213Town Council Page 74 of 282 Meeting Date: November 10, 2015 DR A F T TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2015-33 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2014-41 AUTHORIZING PARTICIPATION IN VARIOUS COOPERATIVE PURCHASING PROGRAMS AND ADOPTING A NEW RESOLUTION AUTHORIZING PARTICIPATION IN VARIOUS COOPERATIVE PURCHASING PROGRAMS IN ACCORDANCE WITH THE TOWN'S PROCUREMENT POLICIES AND PROCEDURES; IDENTIFYING THOSE COOPERATIVE PURCHASING PROGRAMS APPROVED FOR TOWN PARTICIPATION; APPOINTING THE TOWN MANAGER OR HIS DESIGNEE AS THE PROGRAM COORDINATOR OF COOPERATIVE PURCHASING PROGRAMS; AUTHORIZING EXECUTION OF ANY AND ALL NECESSARY AGREEMENTS FOR PARTICIPATION IN THE COOPERATIVE PROGRAMS BY THE MAYOR OR HIS DESIGNEE AND APPROVING RELATED CONTRACTS AND THE PAYMENT OF RELATED FEES IN ACCORDANCE WITH THE BUDGET; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 271 of the Texas Local Government Code authorizes a local government to participate in a cooperative purchasing program and provides that purchases made pursuant to an agreement with a local cooperative organization satisfy state laws requiring the local government to seek competitive bids for the purchase of the goods or services; and WHEREAS, the Procurement Policies and Procedures of the Town of Trophy Club authorize purchases from a cooperative purchasing program or other approved state program provided that the Town Council has approved participation; and WHEREAS, Town's participation in the cooperative purchasing programs and other approved state programs will improve efficiency in the purchasing process by allowing the Town to meet competitive bid requirements, to identify and purchase goods and services from qualified vendors, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings that such programs provide; and WHEREAS, upon consideration of the cooperative purchasing programs specified in this Resolution, and all matters attendant and related thereto, the Town Council is of the opinion that the Town's participation in these programs is beneficial and should be approved, that Resolution No. 2014-41 should be repealed in its entirety, that this Resolution be adopted, and that the Town Manager or his designee is appointed as the Program Coordinator for the Town's membership in such cooperative programs; and Town Council Minutes October 13, 2015 Page 69 of 213Town Council Page 75 of 282 Meeting Date: November 10, 2015 DR A F T WHEREAS, in the event that participation in any of the cooperative purchasing programs approved by this Resolution requires the execution of an Agreement and / or the payment of a fee, such Agreement and fee are hereby approved and the Mayor or his designee is hereby authorized to execute any necessary Agreements for participation in such program(s) and the Program Coordinator is authorized to approve the payment of applicable fees provided that funds are budgeted and available for such participation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. The foregoing premises, which are hereby found to be true and to be in the best interest of the Town of Trophy Club and its citizens, are hereby adopted. Section 2. The Town's participation in the following cooperative purchasing programs is hereby authorized and approved in accordance with the terms of this Resolution and of the Town of Trophy Club Procurement Policies and Procedures: BuyBoard Choice Partners City of Frisco Denton County Department of Information Resources (DIR) Houston -Galveston Area Council Cooperative Purchasing Program (H -GAC) National Cooperative Purchasing Alliance (NCPA) National Joint Powers Alliance (NJPA) North Central Texas Council of Government Cooperative Purchasing Program ( NCTCOG) Tarrant County Texas Building and Procurement Commission (TBPC) Texas Interlocal Purchasing System (TIPS) Texas Multiple Award Schedules (TXMAS) Texas Procurement and Support Services (TPASS) The Cooperative Purchasing Network (TCPN) Trusted Purchasing Alliance (TPA) US Communities US General Services Administration (GSA) Western States Contracting Alliance Section 3. The Town Manager or his designee is appointed as the Program Coordinator for the Town's membership in approved cooperative purchasing programs. The Program Coordinator is authorized to approve the payment of applicable fees for approved programs provided that funds are budgeted and available for such participation. RES 2015-33 Page 2 of 3 Town Council Minutes October 13, 2015 Page 70 of 213Town Council Page 76 of 282 Meeting Date: November 10, 2015 DR A F T Section 4. The Mayor or his designee is hereby authorized to execute anynecessaryAgreementsforparticipationinsuch program(s) according to the terms andconditionsset forth in this Resolution and the Town's Procurement Policies andProcedures. Section 5. This Resolution shall become effective immediately upon itspassage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 13th day of October, 2015. ATTEST: C. Nick Sanders, Mayor Town of Trophy Club, Texas rl Holly Fimbr s, Town Secretary cu; Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas SEAL] RES 2015-33 Page 3 of 3 Town Council Minutes October 13, 2015 Page 71 of 213Town Council Page 77 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT E Partially Executed – Verizon Land Lease Agreement (Crooked Creek) Town Council Minutes October 13, 2015 Page 72 of 213Town Council Page 78 of 282 Meeting Date: November 10, 2015 DR A F T / CROOKED CREEK/291885 BJM/01 .16.2015 LAND LEASE AGREEMENT This Land Lease Agreement ("Agreement"), made this __ day of _______ , 20_ between TOWN OF TROPHY CLUB , a Texas home rule municipality, with an address of 100 Municipal Drive, Trophy Club, Texas 76262, hereinafter designated LESSOR and DALLAS MTA, LP. d/b/a Verizon Wireless, with its principal offices at One Verizon Way, Mail Stop 4AW100 , Basking Ridge , New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party ". 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property (the entirety of LESSOR 's property is referred to hereinafter as the Property), located off of State Highway 114 , Trophy Club , Denton County, Texas , and being described as a 240 square foot parcel (the "Land Space "), together with the air space rights for the placement of antennas on the existing electric transmission tower ("Antenna Space "), together with a ten feet (1 O') wide non-exclusive utility easement for a duct bank trench running from the Land Space to the existing power tower (the "Duct Bank Trench "), together with the non-exclusive right (the "Rights of Way") for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or motor vehicle , including trucks over or along a twenty foot (20') wide right-of-way extending from the nearest public right-of-way , State Highway 114 , to the Land Space and Duct Bank Trench , and for the installation and maintenance of utility wires, poles, cables, conduits , and pipes over, under, or along one or more rights of way from the Land Space , said Land Space, Antenna Space , Duct Bank Trench and Rights of Way (hereinafter collectively referred to as the "Premises ") being substantially as described herein in Exhibit "A" attached hereto and made a part hereof. The Property is also shown on the Tax Map of Denton County as tax identification number 563761, and is further described in Deed Book 5163 at Page 478 as recorded in the Office of the Clerk of Denton County , Texas. In the event LESSEE is unable to use the Rights of Way , the LESSOR hereby agrees to grant an additional right-of-way either to the LESSEE at no cost to the LESSEE. 2 . SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises , and said survey shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Cost for such work shall be borne by the LESSEE . 3. TERM; RENTAL. a . This Agreement shall be effective as of the date of execution by both Parties, provided , however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental of $12,000 .00, to be paid Town Council Minutes October 13, 2015 Page 73 of 213Town Council Page 79 of 282 Meeting Date: November 10, 2015 DR A F T in equal monthly installments on the first day of the month , in advance , to LESSOR , or to such other person , firm or place as LESSOR may , from time to time , designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 23 below. The Agreement shall commence based upon the date LESSEE commences installation of the equipment on the Premises . In the event the date LESSEE commences installation of the equipment on the Premises falls between the 1st and 15th of the month , the Agreement shall commence on the 1st of that month and if the date installation commences falls between the 15th and 31st of the month , then the Agreement shall commence on the 1st day of the following month (either the "Commencement Date "). LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date. LESSOR and LESSEE acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until thirty (30) days after a written acknowledgement confirming the Commencement Date. By way of illustration of the preceding sentence, if the Commencement Date is January 1 and the written acknowledgement confirming the Commencement Date is dated January 14, LESSEE shall send to the LESSOR the rental payments for January 1 and February 1 by February 13. Upon agreement of the Parties , LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE . b . LESSOR hereby agrees to provide to LESSEE certain documentation (the "Rental Documentation") evidencing LESSOR 's interest in, and right to receive payments under, this Agreement, including without limitation : (i) documentation , acceptable to LESSEE in LESSEE's reasonable discretion, evidencing LESSOR 's good and sufficient title to and/or interest in the Property and right to receive rental payments and other benefits hereunder; (ii) a complete and fully executed Internal Revenue Service Form W-9 , or equivalent, in a form acceptable to LESSEE , for any party to whom rental payments are to be made pursuant to this Agreement ; and (iii) other documentation requested by LESSEE in LESSEE 's reasonable discretion . LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. The Rental Documentation shall be provided to LESSEE in accordance with the provisions of and at the address given in Paragraph 23 . Delivery of Rental Documentation to LESSEE shall be a prerequisite for the payment of any rent by LESSEE and notwithstanding anything to the contrary herein , LESSEE shall have no obligation to make any rental payments until Rental Documentation has been supplied to LESSEE as provided herein . Within fifteen (15) days of obtaining an interest in the Property or this Agreement , any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall provide to LESSEE Rental Documentation in the manner set forth in the preceding paragraph. From time to time during the Term of this Agreement and within thirty (30) days of a written request from LESSEE, any assignee(s) or transferee(s) of LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE . 2 Town Council Minutes October 13, 2015 Page 74 of 213Town Council Page 80 of 282 Meeting Date: November 10, 2015 DR A F T Delivery of Rental Documentation to LESSEE by any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall be a prerequisite for the payment of any rent by LESSEE to such party and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments to any assignee(s), transferee(s) or other successor(s) in interest of LESSOR until Rental Documentation has been supplied to LESSEE as provided herein . 4. EXTENSIONS . This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term . 5 . EXTENSION RENTALS . Commencing on the first annual anniversary of the Commencement Date and on each annual anniversary thereafter during the term of this Agreement (including all extension terms), annual rent shall increase by an amount equal to three percent (3%) of the annual rent due for the immediately preceding lease year. 6. ADDITIONAL EXTENSIONS . If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term , this Agreement shall continue in force upon the same covenants , terms and conditions for a further term of five (5) years and for five (5) year extension terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such term . Annual rental for each such additional five (5) year term shall be equal to the annual rental payable with respect to the immediately preceding five (5) year Term. The initial term and all extensions shall be collectively referred to herein as the "Term". 7. TAXES . LESSEE shall have the responsibility to pay any personal property , real estate taxes , assessments , or charges owed on the Property which is the result of LESSEE's use of the Premises and/or the installation , maintenance , and operation of the LESSEE 's improvements , and any sales tax imposed on the rent (except to the extent that LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the Property is located), including any increase in real estate taxes at the Property which arises from the LESSEE 's improvements and/or LESSEE 's use of the Premises . LESSOR is a tax exempt entity ; LESSEE shall each be responsible for the payment of any taxes , levies , assessments and other charges imposed including franchise and similar taxes imposed upon the business conducted by LESSOR or LESSEE at the Property . Notwithstanding the foregoing , LESSEE shall not have the obligation to pay any tax , assessment, or charge that LESSEE is disputing in good faith in appropriate proceedings prior to a final determination that such tax is properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall be construed as making LESSEE liable for any portion of LESSOR 's income taxes in connection with any Property or otherwise. Except as set forth in this 3 Town Council Minutes October 13, 2015 Page 75 of 213Town Council Page 81 of 282 Meeting Date: November 10, 2015 DR A F T Paragraph , LESSOR shall have the responsibility to pay any persona l property , real estate taxes , assessments , or charges owed on the Property and shall do so prior to the imposition of any lien on the Property . LESSEE shall have the right , at its sole option and at its sole cost and expense , to appeal , challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or partly responsible for payment. In the event that as a result of any appeal or challenge by LESSEE , there is a reduction , credit or repayment received by the LESSOR for any taxes previously paid by LESSEE , LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction , credit or repayment. 8 . USE; GOVERNMENTAL APPROVALS . LESSEE shall use the Premises for the purpose of constructing , maintaining , repairing and operating a communications facility and uses incidental thereto . A security fence meeting the requirements of Ordinance No. 2015-36 , any subsequent amendments to Ordinance No . 2015-36 , and other applicable Town ordinances shall be placed around the perimeter of the Premises (not including the access easement). All improvements , equipment, antennas and conduits shall be at LESSEE's expense and their installation shall be at the discretion and option of LESSEE . LESSEE shall have the right to replace , repair , add or otherwise modify its utilities , equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates , whether the equipment, antennas , conduits or frequencies are specified or not on any exhibit attached hereto , during the Term. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates , permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal , State or Local authorities as well as satisfactory soil boring tests which will permit LESSEE use of the Premises as set forth above . LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE . In the event that (i) any of such applications for such Governmental Approvals should be finally rejected ; (ii) any Governmental Approval issued to LESSEE is canceled , expires , lapses , or is otherwise withdrawn or terminated by governmental authority ; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any soil boring tests are unsatisfactory ; (v) LESSEE determines that the Premises is no longer technically compatible for its use , or (vi) LESSEE , in its sole discretion , determines that the use of the Premises is obsolete or unnecessary , LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail , return receipt requested , and shall be effective the date as designated by LESSEE in the notice . All rentals paid to said termination date shall be retained by LESSOR Upon such termination , this Agreement shall be of no further force or effect except to the extent of the representations , warranties and indemnities made by each Party to the other hereunder. Otherwise , the LESSEE shall have no further obligations for the payment of rent to LESSOR In addition , LESSEE shall have the right to terminate this Agreement without penalty at any time and for any 4 Town Council Minutes October 13, 2015 Page 76 of 213Town Council Page 82 of 282 Meeting Date: November 10, 2015 DR A F T reason prior to the date LESSEE commences installation of the equipment on the Premises , effect ive upon the date as designated by LESSEE in such notice . Notwithstanding the foregoing or any other provision in this Agreement, LESSEE shall comply with all requirements of Ordinance No . 2015-36 . 9. INDEMNIFICATION. Subject to Paragraph 10 below, LESSEE shall indemnify and hold LESSOR harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the LESSEE , its employees , contractors or agents , except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the LESSEE , or its employees , contractors or agents . 10. INSURANCE . a. LESSEE hereby waives and releases any and all rights of action for negligence against LESSOR may hereafter arise on account of damage to the Premises or to the Property , resulting from any fire , or other casualty of the kind covered by standard fire insurance policies with extended coverage , regardless of whether or not , o r in what amounts , such insurance is now or hereafter carried by the Parties , or either of them. LESSEE 'S waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation or third party claim. All such policies of insurance obtained by LESSEE concerning the Premises or the Property shall waive the insurer's right of subrogation against the LESSOR. b. LESSEE shall maintain at its own cost ; i. Commercial General Liability insurance with limits not less than $1 ,000 ,000 for injury to or death of one or more persons in any one occurrence and $500 ,000 for damage or destruction to property in any one occurrence ii. Commercial Auto Liability insurance on all owned , non- owned and hired automobiles with a minimum combined limit of not less than one million ($1 ,000 ,000) per occurrence iii . Workers Compensation insurance providing the statutory benefits and not less than one million ($1 ,000 ,000) of Employers Liability coverage. LESSEE shall include the LESSOR as an additional insured on the Commercial General Liability and Auto Liabil ity policies . 11 . LIMITATION OF LIABILITY. Neither Party shall be liable to the other , or any of their respective agents , representatives , employees for any lost revenue , lost profits , loss of technology , rights or services , incidental , punitive , indirect , special or 5 Town Council Minutes October 13, 2015 Page 77 of 213Town Council Page 83 of 282 Meeting Date: November 10, 2015 DR A F T consequential damages , loss of data , or interruption or loss of use of service , even if advised of the possibility of such damages , whether under theory of contract , tort (including negligence), strict liability or otherwise . 12 . ANNUAL TERMINATION . Notwithstanding anything to the contrary contained herein , provided LESSEE is not in default hereunder beyond applicable notice and cure periods , either Party shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to the other Party . 13 . INTERFERENCE . LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other licensed wireless communications providers of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after-installed LESSEE's equipment causes such interference , and after LESSOR has notified LESSEE in writing of such interference , LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference , including but not limited to , at LESSEE 's option, powering down such equipment and later powering up such equipment for intermittent testing . In no event will LESSOR be entitled to terminate th is Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interference issue . LESSOR agrees that LESSOR and/or any other tenants , occupants , or users of the Property who currently have or in the future take possession of, all or a part of, the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions, of this Paragraph and therefore , either Party shall have the right to equitable remedies , such as , without limitation , injunctive relief and specific performance . 14. REMOVAL AT END OF TERM . LESSEE shall , upon expiration of the Term , or within ninety (90) days after any earlier termination of the Agreement , remove its building(s), antenna structure(s) (except footings), equipment, conduits , fixtures and all personal property and restore the Premises to its original condit ion , reasonable wear and tear and casualty damage excepted . LESSOR agrees and acknowledges that all of the equipment , conduits, and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term , (as defined in Paragraph 33 below). If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term , until such time as the removal of the building , antenna structure , fixtures and all personal property are completed. 6 Town Council Minutes October 13, 2015 Page 78 of 213Town Council Page 84 of 282 Meeting Date: November 10, 2015 DR A F T 15. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 14 herein, unless the Parties are negotiating a new lease or lease extension in good faith . In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith , LESSEE holds over in violation of Paragraph 14 and this Paragraph 15 , then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 14 shall equal to the rent applicable during the month immediately preceding such expiration or earlier termination . 16. RIGHT OF FIRST REFUSAL. If LESSOR elects , during the Term to grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE , or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, with or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of easement on the same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty (30) days after written notice thereof from LESSOR , LESSOR may grant the easement or interest in the Property or portion thereof to such third person in accordance with the terms and conditions of such third party offer. 17. RIGHTS UPON SALE. Should LESSOR , at any time during the Term decide (i) to sell or transfer all or any part of the Property to a purchaser other than LESSEE , or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith , assigns this Agreement to said third party , LESSOR shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of this Agreement. 18. QUIET ENJOYMENT . LESSOR covenants that LESSEE , on paying the rent and performing the covenants herein , shall peaceably and quietly have , hold and enjoy the Premises . 19 . TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement , and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that there are no 7 Town Council Minutes October 13, 2015 Page 79 of 213Town Council Page 85 of 282 Meeting Date: November 10, 2015 DR A F T liens , judgments or impediments of title on the Property , or affecting LESSOR's title to the same and that there are no covenants , easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 20. INTEGRATION . It is agreed and understood that this Agreement contains all agreements , promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements , promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute , controversy or proceeding at law, and any addition , variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3 . In the event any provision of the Agreement is found to be invalid or unenforceable , such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity . Notwithstanding the foregoing , LESSEE shall comply with all applicable Ordinances of the Town , including without limitation Ordinance No. 2015-36 , and in the event of conflict between this Agreement and Town Ordinance , Town Ordinance provisions shall have priority . 21. GOVERNING LAW . This Agreement and the performance thereof shall be governed , interpreted , construed and regulated by the Laws of the State in which the Property is located . Exclusive venue shall lie in Denton County , Texas. 22 . ASSIGNMENT . This Agreement may be sold , assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal , affiliates , subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization . As to other parties , this Agreement may not be sold , assigned or transferred without the prior written consent of the LESSOR , which such consent will not be unreasonably withheld , delayed or conditioned . No change of stock ownership , partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. LESSEE may sublet the Premises within its sole discretion , upon notice to LESSOR. Any sublease that is entered into by LESSEE shall be subject to the provisions of this Agreement and shall be binding upon the successors , assigns , heirs and legal representatives of the respective Parties hereto. STEVEN QUESTION: Will they sublease space? Does the Town want to be paid for additional antennas? 23. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail , return receipt requested or by commercial courier, 8 Town Council Minutes October 13, 2015 Page 80 of 213Town Council Page 86 of 282 Meeting Date: November 10, 2015 DR A F T provided the cour ier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: Town of Trophy Club 100 Municipal Drive Trophy Club , Texas 76262 LESSEE : Dallas MTA, L.P . d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention : Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 24. SUCCESSORS . This Agreement shall extend to and bind the he irs , personal representative , successors and assigns of the Parties hereto . 25 . SUBORDINATION AND NON-DISTURBANCE. LESSOR shall obtain a Non-Disturbance Agreement, as defined below, from its existing mortgagee(s), ground lessors and master lessors , if any , of the Property . At LESSOR's option , this Agreement shall be subordinate to any future master lease , ground lease , mortgage , deed of trust or other security interest (a "Mortgage ") by LESSOR which from time to time may encumber all or part of the Property or right-of-way ; provided , however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Property , LESSOR shall obtain for LESSEE's benefit a non-disturbance and attornment agreement for LESSEE's benefit in the form reasonably satisfactory to LESSEE , and containing the terms described below (the "Non-Disturbance Agreement"), and shall recognize LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods . The Non-Disturbance Agreement shall include the encumbering party 's ("Lender's") agreement that , if Lender or its successor-in-interest or any purchaser of Lender's or its successor's interest (a "Purchaser") acquires an ownership interest in the Property , Lender or such successor-in-interest or Purchaser will (1) honor all of the terms of the Agreement , (2) fulfill LESSOR's obligations under the Agreement, and (3) promptly cure all of the then-existing LESSOR defaults under the Agreement. Such Non-Disturbance Agreement must be binding on all of Lender's participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such Non-Disturbance Agreement , LESSEE will execute an agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees 9 Town Council Minutes October 13, 2015 Page 81 of 213Town Council Page 87 of 282 Meeting Date: November 10, 2015 DR A F T to attorn to Lender if Lender becomes the owner of the Property and (3) agrees to accept a cure by Lender of any of LESSOR's defaults , provided such cure is completed within the deadline applicable to LESSOR. In the event LESSOR defaults in the payment and/or other performance of any mortgage or other real property interest encumbering the Property , LESSEE , may , at its sole option and without obligation , cure or correct LESSOR's default and upon doing so , LESSEE shall be subrogated to any and all rights , titles , liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 26 . RECORDING. LESSOR agrees to execute a Memorandum of this Agreement which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments . 27 . DEFAULT. a . In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it , including the payment of rent , LESSOR shall give LESSEE written notice of such breach . After receipt of such wr itten notice , LESSEE shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to cure any non -monetary breach , provided LESSEE shall have such extended period , approved by LESSOR , as may be reasonably required beyond the th irty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph . b. In the event there is a breach by LESSOR with respect to any of the provis ions of this Agreement or its obligations under it , LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice , LESSOR shall have thirty (30) days in which to cure any such breach , provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion . LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph . Notwithstanding the foregoing to the contrary , it shall be a default under this Agreement if LESSOR fails , within five (5) days after receipt of written notice of such breach , to perform an obligation required to be performed by LESSOR if the failure to perform such an obligation interferes with LESSEE 's ability to conduct its business on the Property ; 10 Town Council Minutes October 13, 2015 Page 82 of 213Town Council Page 88 of 282 Meeting Date: November 10, 2015 DR A F T provided , however, that if the nature of LESSOR 's obligation is such that more than five (5) days after such notice is reasonably required for its performance , then it shall not be a default under this Agreement if performance is commenced within such five (5) day period and thereafter diligently pursued to completion. 28 . REMEDIES. Upon a default, the non-defaulting Party may at its option (but without obligation to do so), perform the defaulting Party 's duty or obligation on the defaulting Party 's behalf, including but not limited to the obtaining of reasonably requ ired insurance policies . The costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. In the event of a default by either Party with respect to a material provision of this Agreement , without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such default, the non- defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the state in which the Premises are located ; provided , however, LESSOR shall use reasonable efforts to mitigate its damages in connection with a default by LESSEE. If LESSOR does not pay LESSEE the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount due from LESSOR , LESSEE may offset the full undisputed amount, due against all fees due and owing to LESSOR until the full undisputed amount, is fully reimbursed to LESSEE . 29. ENVIRONMENTAL. a . LESSOR shall be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws , including any regulations , guidelines , standards , or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity that has been or is currently being now conducted in , on , or in any way related to the Property , except to the extent such conditions or concerns are caused by the activities of LESSEE in the Premises . LESSOR agrees to sign any necessary waste manifest associated with the removal , transportation and/or disposal of soils excavated at the Property during construction of LESSEE 's facility. b. To the extent allowed by law , LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties , responsibility and liability at LESSOR's sole cost and expense , for all duties , responsibilities , and liability (for payment of penalties , sanctions , forfeitures , losses , costs , or damages) and for responding to any action , notice , claim , order , summons , citation , directive , litigation , investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law , including without limitation any regulations , guidelines , standards , or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or 11 Town Council Minutes October 13, 2015 Page 83 of 213Town Council Page 89 of 282 Meeting Date: November 10, 2015 DR A F T industrial hygiene concerns or conditions as may now or at any time in the past or hereafter be in effect, except to the extent such non-compliance results from conditions or concerns caused by LESSEE ; and b) any environmental or industrial hygiene conditions or concerns arising out of or in any way related to the condition of the Property or activities conducted thereon , except to the extent such environmental conditions are caused by LESSEE . 30. CASUAL TY . In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within forty -five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days , then LESSEE may , at any time following such fire or other casualty , provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises , terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment , as of such termination date , with respect to payments due to the other under this Agreement. Notwithstanding the foregoing , the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE 's use of the Premises is impaired. 31 . CONDEMNATION . In the event of any condemnation of all or any portion of the Property , this Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession , whichever occurs first. If as a result of a partial condemnation of the Premises or Property , LESSEE , in LESSEE 's sole discretion , is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days , LESSEE may , at LESSEE 's option , to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice , within fifteen (15) days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment , conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If LESSEE does not terminate this Agreement in accordance with the foregoing , this Agreement shall remain in full force and effect as to the portion of the Premises remaining , except that the rent shall be reduced to the amount agreed upon by the Parties . In the event that this Agreement is not terminated by reason of such condemnation , LESSOR shall promptly repair any damage to the Premises caused by such condemning authority. 12 Town Council Minutes October 13, 2015 Page 84 of 213Town Council Page 90 of 282 Meeting Date: November 10, 2015 DR A F T LESSOR shall be entitled to funds from all damages and proceeds paid as a result of the partial or whole condemnation of the LESSOR 'S leasehold interest. 32 . SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY . The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid , it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right , power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 33 . APPLICABLE LAWS. During the Term , LESSOR shall maintain the Property in compliance with all applicable laws , rules , regulations , ordinances , directives , covenants , easements , zoning and land use regulations , and restrictions of record , permits , building codes , and the requirements of any applicable fire insurance underwriter or rating bureau , now in effect or which may hereafter come into effect (including , without limitation , the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws "). LESSEE shall , in respect to the condition of the Premises and at LESSEE 's sole cost and expense , comply with (a) all Laws relating solely to LESSEE 's specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises . 34. SURVIVAL . The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally , any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration . 35 . CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. [SIGNATURE PAGE IMMEDIATELY FOLLOWING] 13 Town Council Minutes October 13, 2015 Page 85 of 213Town Council Page 91 of 282 Meeting Date: November 10, 2015 DR A F T IN WITNESS WHEREOF , the Parties hereto have set their hands and affixed their respective seals the day and year first above written . Witness LESSOR: TOWN OF TROPHY CLUB, A Texas home rule municipality By 6~~ Print Name : C . bhcJL Exu'")cl e.Gl 6i!I~: ~J~5 LESSEE: DALLAS MTA, L.P. D/B/A VERIZON WIRELESS By: Verizon Wireless Texas, LLC, Its: General Partner By: _____________ _ Print Name : Aparna Khurjekar Title: Area Vice President Network Date: ------------~ 14 Town Council Minutes October 13, 2015 Page 86 of 213Town Council Page 92 of 282 Meeting Date: November 10, 2015 DR A F T Exhibit "A" A tract of land lying in and being a part of The Trophy Club Section Eight, Tract C, an Addition to the Town of Trophy Club, Denton County, Texas as recorded in Volume 15, Page 12 , Plat records of Denton County, Texas ; Said tract being more particularly described as follows: Commencing at a % inch iron rod found for the Southeast corner of Lot 587 of the Trophy Club Section Eight Addition, as recorded in Volume 15 , Page 12 , Plat Records of Denton County , Texas ; Thence N 54°47'04" Won the South line of said Lot 587, a distance of 38.11 feet to a point on said South line; Thence S 35°12'56" W perpendicular to said South line, a distance of 39.71 feet to a 1/2 inch iron rod with cap set for the Northwest corner , said corner being the Point of Beginning; Thence S 68°17'17" Ea distance of 20 .00 feet to a% inch iron rod with cap set for the Northeast corner; Thence S 21°42'33" W a distance of 12 .00 feet to a% inch iron rod with cap set for the Southeast corner; Thence N 68°17'17" W a distance of 20.00 feet to a% inch iron rod with cap set for the Southwest corner ; Thence N 21°42 '33" Ea distance of 12 .00 feet to the point of Beginning, containing 240 .00 square feet or 0 .006 acres , more or less. 15 Town Council Minutes October 13, 2015 Page 87 of 213Town Council Page 93 of 282 Meeting Date: November 10, 2015 DR A F T 1A 1tion r;:::--:--:~--..J AP.0.8. · ccess/Utilit ~sement ;:y Exhibit "B" 16 Town Council Minutes October 13, 2015 Page 88 of 213Town Council Page 94 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT F Resolution No. 2015-32 Town Council Minutes October 13, 2015 Page 89 of 213Town Council Page 95 of 282 Meeting Date: November 10, 2015 DR A F T TOWN OF TROPHY CLUB RESOLUTION NO. 2015-32 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING RESOLUTION NO. 2014-11 AND APPROVING A NEW RESOLUTION ADOPTING AN INVESTMENT POLICY FOR FUNDS FOR THE TOWN OF TROPHY CLUB, A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 21, 2014 by passage of Resolution 2014-11, the Town Council adopted an Investment Policy; and WHEREAS, by passage of this Resolution, the Town Council hereby repeals Resolution No. 2014-11 in its entirety and adopts this Resolution adopting a new Investment Policy; and WHEREAS, the Town Council has reviewed the Investment Policy attached hereto as Exhibit A, for compliance with the Public Funds Investment Act, Texas Government Code Chapter 2256. et seq.; and WHEREAS, upon consideration, the Town Council finds and determines it to be in the best interests of the Town to adopt Exhibit "A" as the Town's Investment Policy. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: Section 1. That Resolution No. 2014-11 is hereby repealed in its entirety. Section 2. That the Town Council has reviewed the attached Investment Policy, which contains investment strategies and policies that the Council has determined to be beneficial to the Town and hereby adopts the attached Investment Policy set forth in Exhibit "A', a copy of which is attached hereto and incorporated herein in its entirety. Section 3. That the Assistant Town Manager/CFO is hereby designated as the Town's primary investment officer to perform the functions required by the attached policy, and the investment officer is hereby authorized to perform the functions required under the Investment Policy and Chapter 2256 of the Texas Government Code. Section 4. That this Resolution shall take effect immediately upon its passage and approval. Town Council Minutes October 13, 2015 Page 90 of 213Town Council Page 96 of 282 Meeting Date: November 10, 2015 DR A F T PASSED AND APPROVED this 13th day of October, 2015. ATTEST: 1: C. Nick Sanders, Wyor Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams, own Attorney Town of Trophy Club, Texas RES 2015-32 Page 2 of 3 Town Council Minutes October 13, 2015 Page 91 of 213Town Council Page 97 of 282 Meeting Date: November 10, 2015 DR A F T EXHIBIT A RES 2015-32 Page 3 of 3 Town Council Minutes October 13, 2015 Page 92 of 213Town Council Page 98 of 282 Meeting Date: November 10, 2015 DR A F T TOWN OF TROPHY CLUB INVESTMENT POLICY I. POLICY It is the policy of the Town of Trophy Club that after allowing for the anticipated cash flow requirements of the Town of Trophy Club and giving due consideration to the safety and risk of investment, all available funds shall be invested in conformance with these legal and administrative guidelines, seeking to optimize interest earnings to the maximum extent possible. Effective cash management is recognized as essential to good fiscal management. Investment interest is a source of revenue to Trophy Club funds. Trophy Club's investment portfolio shall be designed and managed in a manner designed to maximize this revenue source, to be responsive to public trust, and to be in compliance with legal requirements and limitations. Investments shall be made with the primary objectives of: Safety and preservation of principal Maintenance of sufficient liquidity to meet operating needs Public trust from prudent investment activities Optimization of interest earnings on the portfolio II. PURPOSE The purpose of this investment policy is to comply with Chapter 2256 of the Government Code ("Public Funds Investment Act"), which requires the Town of Trophy Club to adopt a written investment policy regarding the investment of its funds and funds under its control. The Investment Policy addresses the methods, procedures and practices that must be exercised to ensure effective and judicious fiscal management of Trophy Club's funds. III. SCOPE This Investment Policy shall govern the investment of all financial assets of the Town of Trophy Club. These funds are accounted for in the Town of Trophy Club's Comprehensive Annual Financial Report CAFR) and include: General Fund Special Revenue Funds Capital Projects Funds Proprietary Funds Debt Service Funds, including reserves and sinking funds, to the extent not required by law or existing contract to be kept segregated and managed separately Any new fund created by the Town of Trophy Club, unless specifically exempted from this Policy by the Town Council or by law. The Town of Trophy Club consolidates fund cash balances to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. This Investment Policy shall apply to all transactions involving the financial assets and related activity for all the foregoing funds. However, this policy does not apply to the assets administered for the benefit of the Town of Trophy Club by outside agencies under deferred compensation programs. Town Council Minutes October 13, 2015 Page 93 of 213Town Council Page 99 of 282 Meeting Date: November 10, 2015 DR A F T IV. INVESTMENT OBJECTIVES The Town of Trophy Club shall manage and invest its cash with four primary objectives, listed in order of priority: safety, liquidity, public trust, and yield, expressed as optimization of interest earnings. The safety of the principal invested always remains the primary objective. All investments shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. The Town of Trophy Club shall maintain a comprehensive cash management program, which includes collection of accounts receivable, vendor payments in accordance with the Town's purchasing policies, and prudent investment of available cash. Cash management is defined as the process of managing monies in order to insure maximum cash availability and maximum earnings on short-term investment of idle cash. Safety rPFIA 2256.005(b)(2)1 Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit and interest rate risk. Credit Risk and Concentration of Credit Risk — The Town of Trophy Club will minimize credit risk, the risk of loss due to the failure of the issuer or backer of the investment, and concentration of credit risk, the risk of loss attributed to the magnitude of investment in a single issuer, by: Limiting investments to the safest types of investments Pre -qualifying the financial institutions and broker/dealers with which the Town of Trophy Club will do business Diversifying the investment portfolio so that potential losses on individual issuers will be minimized. Interest Rate Risk — the Town of Trophy Club will manage the risk that the interest earnings and the market value of investments in the portfolio will fall due to changes in general interest rates by limiting the maximum weighted average maturity of the investment portfolio to 365 days. The Town of Trophy Club will, in addition,: Structure the investment portfolio so that investments mature to meet cash requirements for ongoing operations, thereby avoiding the need to liquidate investments prior to maturity. Invest operating funds primarily in certificates of deposit, shorter -term securities, money market mutual funds, or local government investment pools functioning as money market mutual funds. Diversify maturities and staggering purchase dates to minimize the impact of market movements over time. Liquidity fPFIA 2256.005(b)(2)1 The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that investments mature concurrent with cash needs to meet anticipated demands. Because all possible cash demands cannot be anticipated, a portion of the portfolio will be invested in shares of money market mutual funds or local government investment pools that offer same-day liquidity. In addition, a portion of the portfolio will consist of securities with active secondary or resale markets. 2 Town Council Minutes October 13, 2015 Page 94 of 213Town Council Page 100 of 282 Meeting Date: November 10, 2015 DR A F T Public Trust All participants in the Town of Trophy Club's investment process shall seek to act responsibly as custodians of the public trust. The investment officer shall avoid any transaction that might impair public confidence in the Town of Trophy Club's ability to govern effectively. Yield (Optimization of Interest Earninas) rPFIA 2256.005(b)(3 The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. V. INVESTMENT STRATEGY STATEMENTS The Town of Trophy Club portfolio will be structured to benefit from anticipated market conditions and to achieve a reasonable return. Relative value among asset groups shall be analyzed and pursued as part of the investment program within the restrictions set forth by the investment policy. The Town of Trophy Club maintains portfolios which utilize four specific investment strategy considerations designed to address the unique characteristics of the fund groups represented in the portfolios. Operating Funds Suitability - All investments authorized in the Investment Policy are suitable for Operating Funds Preservation and Safety of Principal - All investments shall be high quality securities with no perceived default risk. Liquidity - Investment strategies for the pooled operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The dollar -weighted average maturity of operating funds, based on the stated final maturity date of each security, will be calculated and limited to one year or less. Constant $1 net asset value investment pools and money market mutual funds shall be an integral component in maintaining daily liquidity. Investments for these funds shall not exceed an 18 -month period from date of purchase. Marketability - Securities with active and efficient secondary markets will be purchased in the event of an unanticipated cash requirement. Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on anticipated needs. Investment risks will be reduced through diversification among authorized investments. Yield - The Town's objective is to attain a competitive market yield for comparable securities and portfolio constraints. The benchmark for Operating Funds shall be the 91 day Treasury bill. 3 Town Council Minutes October 13, 2015 Page 95 of 213Town Council Page 101 of 282 Meeting Date: November 10, 2015 DR A F T Reserve and Deposit Funds Suitability - All investments authorized in the Investment Policy are suitable for Reserve and Deposit Funds. Preservation and Safety of Principal - All investments shall be high quality securities with no perceived default risk. Liquidity - Investment strategies for reserve and deposit funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate reserve fund from investments with a low degree of volatility. Except as may be required by the bond ordinance specific to an individual issue, investments should be of high quality, with short -to -intermediate-term maturities. The dollar -weighted average maturity of reserve and deposit funds, based on the stated final maturity date of each security, will be calculated and limited to two years or less. Marketability - Securities with active and efficient secondary markets will be purchased in the event of an unanticipated cash requirement. Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on anticipated needs. Investment risks will be reduced through diversification among authorized investments. Yield - The Town's objective is to attain a competitive market yield for comparable securities and portfolio constraints. The benchmark for Reserve and Deposit Funds shall be the 91 day Treasury bill. Bond and Certificate Capital Proiect Funds and Special Purpose Funds Suitability - All investments authorized in the Investment Policy are suitable for Bond and Certificate Capital Project Funds and Special Purpose Funds. Preservation and Safety of Principal - All investments shall be high quality securities with no perceived default risk. Liquidity - Investment strategies for bond and certificate capital project funds, special projects and special purpose funds portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The stated final maturity dates of investments held should not exceed the estimated project completion date or a maturity of no greater than three years. The dollar - weighted average maturity of bond and certificate capital project funds and special purpose funds, based on the stated final maturity date of each security, will be calculated and limited to two years or less. Marketability - Securities with active and efficient secondary markets will be purchased in the event of an unanticipated cash requirement. Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on anticipated needs. Investment risks will be reduced through diversification among authorized investments. Yield - The Town's objective is to attain a competitive market yield for comparable securities and portfolio constraints. The benchmark for Bond and Certificate Capital Project Funds and Special Purpose Funds shall be the 91 day Treasury bill. A secondary objective of these funds is to achieve a yield equal to or greater than the arbitrage yield of the applicable bond or certificate. 4 Town Council Minutes October 13, 2015 Page 96 of 213Town Council Page 102 of 282 Meeting Date: November 10, 2015 DR A F T Debt Service Funds Suitability - All investments authorized in the Investment Policy are suitable for Debt Service Funds Preservation and Safety of Principal - All investments shall be high quality securities with no perceived default risk. Liquidity - Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date which exceeds the debt service payment date. The dollar -weighted average maturity of debt service funds, based on the stated final maturity date of each security, will be calculated and limited to one year or less. Marketability - Securities with active and efficient secondary markets will be purchased in the event of an unanticipated cash requirement. Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on anticipated needs. Investment risks will be reduced through diversification among authorized investments. Yield - The Town's objective is to attain a competitive market yield for comparable securities and portfolio constraints. The benchmark for Debt Service Funds shall be the 91 day Treasury bill. VI. RESPONSIBILITY AND CONTROL Delegation of Authority WF1A 2256.005(1)1 In accordance with the Town of Trophy Club and the Public Funds Investment Act, the Town Council designates the Assistant Town Manager/CFO as the Town of Trophy Club's Investment Officer. The Investment Officer is authorized to execute investment transactions on behalf of the Town of Trophy Club and may designate a secondary investment officer to act in his/her absence. No other person may engage in an investment transaction or the management of the Town of Trophy Club funds except as provided under the terms of this Investment Policy. The investment authority granted to the investing officer is effective until rescinded. Quality and Capability of Investment Management I•PFIA 2256.005(b)(3)1 The Town of Trophy Club shall provide periodic training in investments for the designated investment officers and other investment personnel through courses and seminars offered by professional organizations, associations, and other independent sources in order to insure the quality and capability of investment management in compliance with the Public Funds Investment Act. Training Requirement fPF1A 2256.008 — Local Governmentsl In accordance with the Town of Trophy Club and the Public Funds Investment Act, designated Investment Officers shall attend an investment training session no less often than once every two years and shall receive not less than 8 hours of instruction relating to investment responsibilities. A newly appointed Investment Officer must attend a training session of at least 10 hours of instruction within twelve months of the date the officer took office or assumed the officer's duties. The investment training session shall be provided by an independent source. For purposes of this policy, an "independent source" from which investment training shall be obtained shall include a professional organization, an institution of higher education or any other sponsor other than a business organization with whom the Town of Trophy Club may engage in an investment transaction. 5 Town Council Minutes October 13, 2015 Page 97 of 213Town Council Page 103 of 282 Meeting Date: November 10, 2015 DR A F T Internal Controls (Best Practice The Investment Officer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the Town of Trophy Club are protected from loss, theft, or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. Accordingly, the Investment Officer shall establish a process for annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points. Control of collusion. Separation of transactions authority from accounting and record keeping. Custodial safekeeping. Avoidance of physical delivery securities. Clear delegation of authority to subordinate staff members. Written confirmation for telephone (voice) transactions for investments and wire transfers. Development of a wire transfer agreement with the depository bank or third party custodian. Investment Policy Certification rPFIA 2256.005(k-I)l A qualified representative, as defined by PFIA section 2256.002(l 0), of all investment providers, including financial institutions, banks, money market mutual funds, and local government investment pools, must sign a certification acknowledging that the organization has received and reviewed the Town of Trophy Club's investment policy and that reasonable procedures and controls have been implemented to preclude investment transactions that are not authorized by the Town of Trophy Club's policy. Prudence rPFIA 2256.0061 The standard of prudence to be applied by the Investment Officer shall be the "prudent investor" rule. This rule states that "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." In determining whether an Investment Officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: The investment of all funds, or funds under the Town of Trophy Club's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment. Whether the investment decision was consistent with the written approved investment policy of the Town of Trophy Club. C.1 Town Council Minutes October 13, 2015 Page 98 of 213Town Council Page 104 of 282 Meeting Date: November 10, 2015 DR A F T Indemnification The Investment Officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific investment's credit risk or market price changes, provided that these deviations are reported immediately and the appropriate action is taken to control adverse developments. Ethics and Conflicts of Interest WFIA 2256.005(ill Officers and employees involved in the investment process shall refrain from personal business activity that would conflict with the proper execution and management of the investment program, or that would impair their ability to make impartial decisions. Employees and Investment Committee (see Section XIII) members shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and Investment Committee members shall refrain from undertaking personal investment transactions with the same individual with which business is conducted on behalf of the Town of Trophy Club. An Investment Committee member of the Town of Trophy Club who has a personal business relationship with an organization seeking to sell an investment to the Town of Trophy Club shall file a statement disclosing that personal business interest. An Investment Committee member who is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the Town of Trophy Club shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the Town Council. VII. SUITABLE AND AUTHORIZED INVESTMENTS Portfolio Management The Town of Trophy Club currently has a "buy and hold" portfolio strategy. Maturity dates are matched with cash flow requirements and investments are purchased with the intent to be held until maturity. However, investments may be liquidated prior to maturity for the following reasons: An investment with declining credit may be liquidated early to minimize loss of principal. Cash flow needs of the Town of Trophy Club require that the investment be liquidated. Investments WFIA 2256.005(b)(4)(A)l Trophy Club funds governed by this policy may be invested in the instruments described below, all of which are authorized by Chapter 2256 of the Government Code (Public Funds Investment Act). Investment of Town of Trophy Club funds in any instrument or security not authorized for investment under the Act is prohibited. The Town of Trophy Club will not be required to liquidate an investment that becomes unauthorized subsequent to its purchase. I. Authorized 1. Obligations of the United States of America, its agencies and instrumentalities. 2. Certificates of Deposit issued by a depository institution that has its main office or a branch office in Texas. The certificate of deposit must be guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor and secured by obligations in a manner and amount as provided by law. In addition, 7 Town Council Minutes October 13, 2015 Page 99 of 213Town Council Page 105 of 282 Meeting Date: November 10, 2015 DR A F T certificates of deposit obtained through a depository institution that has its main office or a branch office in Texas and that contractually agrees to place the funds in federally insured depository institutions in accordance with the conditions prescribed in Section 2256.010(b) of the Public Funds Investment Act are authorized investments. Additionally, funds invested by the Town through a broker that has a main office or branch office in Texas and is selected from a list approved by the Town as required by section 2656.025of the Public Funds Investment Act or a depository institution that has a main office or branch office in Texas and is selected by the Town are authorized investments if the following conditions are met: a. the broker or depository institution selected by the Town as specified above arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located, for the account of the Town; b. the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; and c. the Town appoints a depository bank or a clearing broker registered with the Securities and Exchange Commission Rule 15c-3 (17CFR, Section 240 15c3-3) as custodian for the Town with respect to the certificates of deposit issued for account to the Town. Fully collateralized direct repurchase agreements with a defined termination date secured by obligations of the United States or its agencies and instrumentalities. These shall be pledged to the Town of Trophy Club, held in the Town of Trophy Club's name, and deposited at the time the investment is made with the Town of Trophy Club or with a third party selected and approved by the Town of Trophy Club. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in Texas. A Master Repurchase Agreement must be signed by the bank/dealer prior to investment in a repurchase agreement. All repurchase agreement transactions will be on a delivery vs. payment basis. Securities received for repurchase agreements must have a market value greater than or equal to 102 percent at the time funds are disbursed. (Sweep Accounts and/or Bond Proceeds) 4. No -Load Money Market Mutual funds that: 1) are registered and regulated by the Securities and Exchange Commission and provide a prospectus and other information required by the Securities and Exchange Act of 1934 (15 U.S.C. Section 78a) or the Investment Company Act of 1940 (15 U.S.C. Section 80a-1), 2) have a dollar weighted average stated maturity of 90 days or less, 3) seek to maintain a net asset value of $1.00 per share, and 4) invest in securities authorized by this investment policy. 5. Local government investment pools, which 1) meet the requirements of Chapter 2256.016 of the Public Funds Investment Act, 2) are rated no lower than AAA or an equivalent rating by at least one nationally recognized rating service, and 3) are authorized by resolution or ordinance by the Town Council. In addition, a local government investment pool created to function as a money market mutual fund must mark its portfolio to the market daily and, to the extent reasonably possible, stabilize at $1.00 net asset value. If an Investment in the Town's portfolio becomes an unauthorized investment due to changes in the Investment Policy or the Public Funds Investment Act, or an authorized investment is rated in a way that causes it to become an unauthorized investment the investment committee of the Town shall review the investment and determine whether it would be more prudent to hold the investment until its maturity, or to redeem the investment. The investment committee shall consider the time remaining until maturity of the investment, the quality of the investment, and the quality and amounts of any collateral which may be securing the investment in determining the appropriate steps to take. (PFIA 2256.021) Additionally, Trophy Club is not required to liquidate investments that were authorized at the time of purchase. (PFIA 2256.017) E Town Council Minutes October 13, 2015 Page 100 of 213Town Council Page 106 of 282 Meeting Date: November 10, 2015 DR A F T II. Not Authorized (PFIA 2256.009(b)(1-4)1 Investments including interest -only or principal -only strips of obligations with underlying mortgage-backed security collateral, collateralized mortgage obligations with an inverse floating interest rate or a maturity date of over 10 years are strictly prohibited. VIII. INVESTMENT PARAMETERS Maximum Maturities (PFIA 2256.005(b)(4)(B The longer the maturity of investments, the greater their price volatility. Therefore, it is the Town of Trophy Club's policy to concentrate its investment portfolio in shorter -term securities in order to limit principal risk caused by changes in interest rates. The Town of Trophy Club attempts to match its investments with anticipated cash flow requirements. The Town of Trophy Club will not directly invest in securities maturing more than two years from the date of purchase; however, the above described obligations, certificates, or agreements may be collateralized using longer dated investments. Because no secondary market exists for repurchase agreements, the maximum maturity shall be 120 days except in the case of a flexible repurchase agreement for bond proceeds. The maximum maturity for such an investment shall be determined in accordance with project cash flow projections and the requirements of the governing bond ordinance. The composite portfolio will have a weighted average maturity of 365 days or less. This dollar -weighted average maturity will be calculated using the stated final maturity dates of each security. [PFIA 2256.005(b)(4)(C)] Diversification (PFIA 2256.005(b)(3)1 The Town of Trophy Club recognizes that investment risks can result from issuer defaults, market price changes or various technical complications leading to temporary illiquidity. Risk is managed through portfolio diversification that shall be achieved by the following general guidelines: Limiting investments to avoid overconcentration in investments from a specific issuer or business sector (excluding U.S. Treasury securities and certificates of deposit that are fully insured and collateralized in accordance with state and federal law), Limiting investment in investments that have higher credit, Investing in investments with varying maturities, and Continuously investing a portion of the portfolio in readily available funds such as local government investment pools ( LGIPs), money market funds or overnight repurchase agreements to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. IX. SELECTION OF BANKS AND DEALERS Depository At least every five years a Depository shall be selected through the Town of Trophy Club's banking services procurement process, which shall include a formal request for proposal (RFP). The selection of a depository will be determined by competitive bid and evaluation of bids will be based on the following selection criteria: 0 Town Council Minutes October 13, 2015 Page 101 of 213Town Council Page 107 of 282 Meeting Date: November 10, 2015 DR A F T The ability to qualify as a depository for public funds in accordance with state law. The ability to provide requested information or financial statements for the periods specified. The ability to meet all requirements in the banking RFP. Complete response to all required items on the bid form Lowest net banking service cost, consistent with the ability to provide an appropriate level of service. The credit worthiness and financial stability of the bank. Authorized Brokers/Dealers rPFIA 2256.02 The Town of Trophy Club Investment Committee (see Section XIII) shall, at least annually, review, revise, and approve a list of qualified broker/dealers and financial institutions authorized to engage in securities transactions with the Town of Trophy Club. Those firms that request to become qualified bidders for securities transactions will be required to provide a completed broker/dealer questionnaire that provides information regarding creditworthiness, experience and reputation, and 2) a certification stating the firm has received, read and understood the Town of Trophy Club's investment policy and agree to comply with the policy. Authorized firms may include primary dealers or regional dealers that qualify under Securities Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule), and qualified depositories. All investment providers, including financial institutions, banks, money market mutual funds, and local government investment pools, must sign a certification acknowledging that the organization has received and reviewed the Town of Trophy Club's investment policy and that reasonable procedures and controls have been implemented to preclude investment transactions that are not authorized by the Town of Trophy Club's policy. [PF/A 2256.005(k -n] Competitive Bids It is the policy of the Town of Trophy Club to require a minimum of two (2) quotes for all individual security purchases and sales except for: a) transactions with no-load money market mutual funds and local government investment pools and b) treasury and agency securities purchased at issue through an approved broker/dealer or financial institution. The investment officer shall develop and maintain procedures for ensuring competition in the investment of the Town of Trophy Club's funds. Delivery vs. Payment rPFIA 2256.005(b)(4)(E)l Securities shall be purchased using the delivery vs. payment method with the exception of investment pools and mutual funds. Funds will be released after notification that the purchased security has been received. X. CUSTODIAL CREDIT RISK MANAGEMENT Safekeeping and Custodial Agreements The Town of Trophy Club shall contract with a bank or banks for the safekeeping of securities either owned by the Town of Trophy Club as part of its investment portfolio or held as collateral to secure demand or time deposits. Securities owned by the Town of Trophy Club shall be held in the Town of Trophy Club's name as evidenced by safekeeping receipts of the institution holding the securities. Collateral for deposits will be held by a third party custodian designated by the Town of Trophy Club and pledged to the Town of Trophy Club as evidenced by safekeeping receipts of the institution with which the collateral is deposited. Original safekeeping receipts shall be obtained. Collateral may be held by the depository bank's trust department, a Federal Reserve Bank or branch of a Federal Reserve Bank, a Federal Home Loan Bank, or a third party bank approved by the Town of Trophy Club. Collateral Policy rPFCA 2257.0231 10 Town Council Minutes October 13, 2015 Page 102 of 213Town Council Page 108 of 282 Meeting Date: November 10, 2015 DR A F T Consistent with the requirements of the Public Funds Collateral Act, it is the policy of the Town of Trophy Club to require full collateralization of all Town of Trophy Club funds on deposit with a depository bank, other than investments. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 102% of market value of principal and accrued interest on the deposits or investments less an amount insured by the FDIC. At its discretion, the Town of Trophy Club may require a higher level of collateralization for certain investment securities. Securities pledged as collateral shall be held by an independent third party with whom the Town of Trophy Club has a current custodial agreement. The Investment Officer is responsible for entering into collateralization agreements with third party custodians in compliance with this Policy. The agreements are to specify the acceptable investment securities for collateral, including provisions relating to possession of the collateral, the substitution or release of investment securities, ownership of securities, and the method of valuation of securities. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the Town of Trophy Club and retained. Collateral shall be reviewed at least monthly to assure that the market value of the pledged securities is adequate. Collateral Defined The Town of Trophy Club shall accept only the following types of collateral: Obligations of the United States or its agencies and instrumentalities Direct obligations of the state of Texas or its agencies and instrumentalities Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized rating firm not less than A or its equivalent with a remaining maturity of ten (10) years or less A surety bond issued by an insurance company rated as to investment quality by a nationally recognized rating firm not less than A A letter of credit issued to the Town of Trophy Club by the Federal Home Loan Bank Subject to Audit All collateral shall be subject to inspection and audit by the Investment Officer or his/her designee, including the Town of Trophy Club's independent auditors. XI. PERFORMANCE Performance Standards The Town of Trophy Club's investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio shall be designed with the objective of obtaining a rate of return through budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow requirements of the Town of Trophy Club. Performance Benchmark It is the policy of the Town of Trophy Club to purchase investments with maturity dates coinciding with cash flow needs. Through this strategy, the Town of Trophy Club shall seek to optimize interest earnings utilizing allowable investments available on the market at that time. Market value will be calculated on a quarterly basis on all securities owned and compared to current book value. The Town of Trophy Club's portfolio shall be designed with the objective of regularly meeting or exceeding the average rate of return 11 Town Council Minutes October 13, 2015 Page 103 of 213Town Council Page 109 of 282 Meeting Date: November 10, 2015 DR A F T on U.S. Treasury Bills at a maturity level comparable to the Town of Trophy Club's weighted average maturity in days. XII. REPORTING ( PFIA 2256.023) Methods The Investment Officer shall prepare an investment report on a quarterly basis that summarizes investment strategies employed in the most recent quarter and describes the portfolio in terms of investment securities, maturities, and shall explain the total investment return for the quarter. The quarterly investment report shall include a summary statement of investment activity prepared in compliance with generally accepted accounting principles. This summary will be prepared in a manner that will allow the Town of Trophy Club to ascertain whether investment activities during the reporting period have conformed to the Investment Policy. The report will be provided to the Town Council. The report will include the following: A listing of individual securities held at the end of the reporting period. Unrealized gains or losses resulting from appreciation or depreciation by listing the beginning and ending book and market value of securities for the period. Additions and changes to the market value during the period. Average weighted yield to maturity of portfolio as compared to applicable benchmark. Listing of investments by maturity date. Fully accrued interest for the reporting period The percentage of the total portfolio that each type of investment represents. Statement of compliance of the Town of Trophy Club's investment portfolio with state law and the investment strategy and policy approved by the Town Council. An independent auditor will perform a formal annual review of the quarterly reports with the results reported to the governing body [PFIA 2256.023(4)]. Monitoring Market Value (PFIA 2256.005(b)(4)(D)l Market value of all securities in the portfolio will be determined on a quarterly basis. These values will be obtained from a reputable and independent source and disclosed to the governing body quarterly in a written report. XIII. INVESTMENT COMMITTEE Members An Investment Committee, consisting of the Town Manager, the Investment Officer, and the Secondary Investment Officer, shall review the Town's investment strategies and monitor the results of the investment program at least quarterly. This review can be done by reviewing the quarterly written reports and by holding committee meetings as necessary. The committee will be authorized to invite other advisors to attend meetings as needed. Scope The Investment Committee shall include in its deliberations such topics as economic outlook, investment strategies, portfolio diversification, maturity structure, potential risk to the Town's funds, evaluation and 12 Town Council Minutes October 13, 2015 Page 104 of 213Town Council Page 110 of 282 Meeting Date: November 10, 2015 DR A F T authorization of broker/dealers, rate of return on the investment portfolio, and review of compliance with the investment policy. The Investment Committee will also advise the Town Council of any future amendments to the investment policy that are deemed necessary or recommended. Procedures The investment policy shall require the Investment Committee to provide minutes of investment information discussed at any meetings held. The committee shall meet at least annually to discuss the investment program and policy. XIV. INVESTMENT POLICY ADOPTION [PFIA 2256.005(e)] The Town of Trophy Club's investment policy shall be adopted by resolution of the Town Council. It is the Town of Trophy Club's intent to comply with state laws and regulations. The Town of Trophy Club's investment policy shall be subject to revisions consistent with changing laws, regulations, and needs of the Town of Trophy Club. The Town Council shall adopt a resolution stating that it has reviewed the policy and investment strategies not less than annually, approving any changes or modifications. 13 Town Council Minutes October 13, 2015 Page 105 of 213Town Council Page 111 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT G Freese and Nichols HMAP Presentation Town Council Minutes October 13, 2015 Page 106 of 213Town Council Page 112 of 282 Meeting Date: November 10, 2015 DR A F T Trophy Club HMAP October 13, 2015 Town Council Minutes October 13, 2015 Page 107 of 213Town Council Page 113 of 282 Meeting Date: November 10, 2015 DR A F T What is an HMAP? •Hazard Mitigation Action Plan (HMAP) –Natural Hazard Risk Assessment –Mitigation actions to minimize property damage and loss of life caused by disasters –Led by a steering committee with guidance from consultants –Relies on the community and involves public input Town Council Minutes October 13, 2015 Page 108 of 213Town Council Page 114 of 282 Meeting Date: November 10, 2015 DR A F T Why? •Disaster Mitigation Act of 2000 –Requires all local governments to prepare a Hazard Mitigation Action Plan (HMAP) –An HMAP is required for HMGP and other pre-disaster related Funding –Intended to help communities minimize loss of life and property due to natural hazards Town Council Minutes October 13, 2015 Page 109 of 213Town Council Page 115 of 282 Meeting Date: November 10, 2015 DR A F T HMAP TASKS Year 2013 2014 2015 HMAP Development (Risk Assessment & Mitigation Plan) TDEM REVIEW FEMA REVIEW FEMA Approval and Council Adoption Submit Final HMAP FEMA Submit to TDEM/FEMA Council Meeting When? - Project Timeline Town Council Minutes October 13, 2015 Page 110 of 213Town Council Page 116 of 282 Meeting Date: November 10, 2015 DR A F T How - HMAP Development •Steering committee Organization/Title TC Town Manager TC Project Manager TC Finance Director TC Police Chief TC Fire Chief TC Community Development TC Director Parks & Recreation Teague Nall & Perkins NISD Denton County TC MUD Superintendent TC Public Information Officer Tarrant County Town Council Minutes October 13, 2015 Page 111 of 213Town Council Page 117 of 282 Meeting Date: November 10, 2015 DR A F T Public Involvement Information to the public: -Use the Trophy Club Web Page - www.trophyclub.org -Council meeting open to public Town Council Minutes October 13, 2015 Page 112 of 213Town Council Page 118 of 282 Meeting Date: November 10, 2015 DR A F T Risk Assessment for 8 Hazards •Eight (8) hazards selected by the steering committee: 1.Tornadoes and High Winds 2.Extreme Heat 3.Drought 4.Severe Winter and Ice Storms 5.Flooding 6.Wildland Fire 7.Thunderstorms and Lightning, and Hail 8.Dam Failure Town Council Minutes October 13, 2015 Page 113 of 213Town Council Page 119 of 282 Meeting Date: November 10, 2015 DR A F T Example – Tornado Risk Assessment Location: Historic Tornado Activity in the US EF Number Wind Estimate (MPH) EF-0 65-85 EF-1 86-1010 EF-2 111-135 EF-3 136-165 EF-4 166-200 EF-5 Over 200 Enhanced Fujita Tornado Damage Scale Extent: Rating scale for tornados Town Council Minutes October 13, 2015 Page 114 of 213Town Council Page 120 of 282 Meeting Date: November 10, 2015 DR A F T Mitigation Action Plan •At Least Two Actions Per Hazard •Focus on pre-disaster mitigation •Reduce potential for damage •Examples of Actions: –Public Education –Capital Improvement Projects –Review ordinances Town Council Minutes October 13, 2015 Page 115 of 213Town Council Page 121 of 282 Meeting Date: November 10, 2015 DR A F T Mitigation Actions – Tornado •TW-1: Public Education and Outreach –Advertise FEMA website for public education –Continue monthly testing of outdoor warning sirens •TW-2: Build Community Safe Room •TW-3: Encourage Construction of Private Safe Rooms in Residential and Commercial Developments •TW-4: Develop a Database of Community Safe Rooms in Neighboring Communities Town Council Minutes October 13, 2015 Page 116 of 213Town Council Page 122 of 282 Meeting Date: November 10, 2015 DR A F T Plan Adoption & Approval •FEMA and TDEM Approved August 19, 2015 –90 days to Adopt & Send to FEMA •Various grant programs through FEMA only offer funding to local governments with an approved HMAP. –Flood Mitigation Assistance Grant (FMA) - Annual –Hazard Mitigation Grant Program (HMGP) – Following a Presidential Disaster Declaration (HMGP requires an HMAP unless the money is being used to develop an HMAP) –Pre-Disaster Mitigation Grant (PDM) – Annual Town Council Minutes October 13, 2015 Page 117 of 213Town Council Page 123 of 282 Meeting Date: November 10, 2015 DR A F T Plan Maintenance •Update plan every 5 years •Incorporation into existing planning mechanisms: •Capital Improvement Plan Town Council Minutes October 13, 2015 Page 118 of 213Town Council Page 124 of 282 Meeting Date: November 10, 2015 DR A F T Questions? KATIE HOGAN, P.E., CFM KMH@FREESE.COM ED HELTON , TROPHY CLUB PROJECT MANAGER EHELTON@TROPHYCLUB.ORG Town Council Minutes October 13, 2015 Page 119 of 213Town Council Page 125 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT H OTD Economic Development Agreement Town Council Minutes October 13, 2015 Page 120 of 213Town Council Page 126 of 282 Meeting Date: November 10, 2015 DR A F T ECONOMIC DEVELOPMENT AGREEMENT THIS ECONOMIC DEVELOPMENT AGREEMENT (" Agreement") for a Public - Private Partnership is entered into by and between the Town of Trophy Club, Texas, a home rule municipality (hereinafter "Town"), Tax Increment Reinvestment Zone Number One (hereinafter TIRZ #1), Trophy Club Economic Development Corporation 4B ( hereinafter "EDC"), OTD TC2, LLC, and OTD TC, LLC, a Texas limited liability company (OTD TC and OTD TC2 collectively referred to hereinafter as "the Developer"), and all entities collectively referred to as Parties in this Agreement ("Parties"). WITNESSETH: WHEREAS, the Town of Trophy Club is a home rule municipal corporation; and WHEREAS, pursuant to Chapter 380 of the Texas Local Government Code (hereinafter referred to as "EDC Act"), on May 4, 1996, the Town created Economic Development Corporation 4B for the purpose of making economic development incentives and grants hereinafter referred to as 'EDC"); and WHEREAS, pursuant to Chapter 311 of the Texas Tax Code (hereinafter "TIRZ Act"), the Town created Reinvestment Zone No. 1, Town of Trophy Club, Texas (hereinafter "TIRZ") which is a tax increment fund for a designated zone within the Town, and WHEREAS, Developer is the owner of an approximate 3.88 acre tract of land generally located in the Trophy Wood Plaza project comprised of Tract 1, Lots 1 and 2, and Tract 2 Lot 2R2 and zoned as part of Planned Development, PD No. 25, more particularly described on Attachment "A", a copy of which is attached hereto and incorporated herein (hereinafter the Property"), and Developer desires to develop its Property; and WHEREAS, the Property is located within the boundaries of Tax Increment Reinvestment Zone Number One; and WHEREAS, Developer desires to enter into this Agreement with Town, EDC and TIRZ in order to develop its property; and WHEREAS, in order to maintain and/or enhance the commercial economic and employment base of the Town of Trophy Club and the surrounding region for the long-term interest and benefit of the Town, in accordance with the EDC Act and TIRZ Act, the Town, EDC, and TIRZ #1 desire to enter into this Agreement to provide the terms of a public-private partnership between the Parties providing certain incentives for the development of the property in accordance with the standards set forth herein; and Town Council Minutes October 13, 2015 Page 121 of 213Town Council Page 127 of 282 Meeting Date: November 10, 2015 DR A F T WHEREAS, on the 24th day of March 2014, after negotiations with the Developer, the Town Council of the Town, the Board of Directors for EDC, and the Board of Directors for TIRZ approved a Term Sheet with Developer pursuant to applicable state law, outlining details of the proposed development and obligations of all Parties thereto; and WHEREAS, by agreement of the Parties, the Term Sheet was amended on November 25, 2014 and February 20, 2015, with payment obligations by EDC commencing on January 22, 2015; and WHEREAS, pursuant to the EDC Act, the TIRZ Act, Chapter 380 of the Texas Local Government Code and other legal authority, the Town, EDC, and TIRZ desire to provide incentives to the Developer to develop the Property in accordance with this as more specifically set forth herein; WHEREAS, the Developer agrees to develop the Property in a manner consistent with an approved development plan as described in Attachment "B", attached hereto and made a part hereof, or as amended in accordance with all provisions of the Town; WHEREAS, the Town, EDC, and TIRZ find that the administration of an economic development agreement to provide incentives to the Developer, in return for developing the Property would promote local economic development and stimulate business and commercial activity within the Town and would directly establish a public purpose, and; WHEREAS, the Town, EDC, and TIRZ has determined that this Agreement contains sufficient controls to ensure that the above-mentioned public purposes are carried out in all transactions involving the use of public funds and resources in the establishment and administration of the Agreement; NOW, THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth, the Parties do mutually agree as follows: ARTICLE I TERM 1. 1 This Agreement shall be effective on the date that this Agreement is executed by all Parties ("Effective Date") and shall continue until January 22, 2035 or until all obligations hereunder have been met, whichever occurs first (the "Term") or, unless sooner terminated as provided herein. ARTICLE II DEFINITIONS 2.1 Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: Agreement" has the meaning set forth in the introductory paragraph of this Agreement. ECONOMIC DEVELOPMENT AGREEMENT Page 2 Town Council Minutes October 13, 2015 Page 122 of 213Town Council Page 128 of 282 Meeting Date: November 10, 2015 DR A F T Town" has the meaning set forth in the introductory paragraph of this Agreement. Construction Costs" means the costs of all construction, including but not limited to, hard construction, construction equipment charges, the costs of construction materials and the delivery thereof, contractor fees, surveying and engineering costs and fees, insurance, bonding, fees for required bonds, or Town fees, including but not limited to inspection fees, impact fees and park development fees, related to the development of the Improvements and any parking, landscaping and lighting related to same. Developer" has the meaning set forth in the introductory paragraph of this Agreement. Effective Date" means the date established in Article I of this Agreement. Force Majeure" shall mean any contingency or cause beyond the reasonable control of Developer, including without limitation, acts of God or the public enemy, war, riot, terrorism, civil commotion, insurrection, governmental or de facto governmental action including, but not limited to, government actions pertaining to the determination of flood zones or FEMA actions unless caused by acts or omissions of Developer), fire, explosion or flood, and strikes. Payments" means monetary payments made to the Town by the Developer for the Purchase Price of the Property. Property Improvement(s)" shall mean, at minimum, two (2) new restaurants including all ancillary improvements such as required parking and landscaping, more fully described in Attachment "B". Property" shall mean the 3.88 acres generally located at Trophy Wood Drive and Highway 114, as described in Attachment "A" and described by metes and bounds, lot and block or abstract and survey attached hereto, and made a part hereof, and the improvements located or to be located thereon. Public Improvements" shall mean the public streets, public infrastructure (including, but not limited to, all curb and gutter, concrete parking, site lighting, landscaping, public utilities, permit fees, sidewalks, site preparation, and engineering) and related public facilities to be constructed on or benefiting the Property and all costs associated therewith. Purchase Price" shall have the meaning set forth in Article IV of this Agreement. Sales And Use Tax" means all of the sales and use tax imposed by the Town pursuant to Chapter 321 of the Texas Tax Code, as amended, and any other applicable law, on the sale of Taxable Items consummated on the Property. Sales Tax Receipts" means 100% of the Town's annual receipts from the State of Texas from the collection of Sales and Use Tax from the Property as a result of the sale of Taxable Items on the Property. ECONOMIC DEVELOPMENT AGREEMENT Page 3 Town Council Minutes October 13, 2015 Page 123 of 213Town Council Page 129 of 282 Meeting Date: November 10, 2015 DR A F T Substantial Completion" means with regard to the Public Improvements, the date the Town issues a Letter of Acceptance for the Public Improvements. Tax Certificate" ("Certificate") means a certificate or other statement in a form reasonably acceptable to the Town setting forth the collection of Sales and Use Tax and Property Tax received by the Town, for Property Tax and the sale of Taxable Items on the Property consummated on the Property for the applicable period which are to be used to determine the Sales Tax Receipts, together with such supporting documentation as the Town may reasonably request. Taxable Items" shall have the same meaning assigned by Chapter 151, TEX. TAX CODE ANN., as amended. ARTICLE III GENERAL PROVISIONS 3.1 As soon as practical after the Effective Date of this Agreement, the Developer shall commence construction of the Property Improvements on the Property in accordance with the Town approved plans and in substantial conformance with the Concept Plan, a copy of which is attached hereto and incorporated herein as Exhibit `B". 3.1.1 The Developer has purchased the Property, as described in Exhibit A, for 1,064,278.25. The Developer shall submit or cause to be submitted to the Town for its review and approval final plans for the design of the Property Improvements in accordance with all Town ordinances and regulations. Property Improvements shall include the construction of, at minimum, two (2) high quality restaurants and associated improvements as shown on Exhibit B" and further approved final site plan and construction plans on the Property. 3.1.2 The total investment on the Property, including any of Developer's loans on the Property, construction of improvements and Public Improvements, and tenant improvements, or, alternatively, the appraised value of the Property following the improvements described herein, shall be approximately Two Million Five Hundred Thousand and 00/100 Dollars ($2,500,000). 3.2 Within twenty-four (24) months after January 22, 2015, Developer shall have obtained two (2) executed restaurant leases for two (2) restaurants located on the Property, and each lease shall have a ten (10) year minimum initial term. Additionally, within thirty-six (36) months from January 22, 2015, Developer shall also obtain two (2) Certificates of Occupancy for two (2) restaurants on the Property. 3.2.1 In the event of Force Majeure or, if in the reasonable opinion of the Town, EDC and TIRZ, the Developer has made substantial progress toward completion of construction, renovation and installation of the Property Improvements and Public Improvements, additional time may be granted to Developer by the Town, EDC and TIRZ as may be required to reasonably allow Developer to comply with its obligations under this Agreement. Developer may request additional time for compliance of its obligations hereunder to Town, EDC, and TIRZ, based upon good cause, for an event of Force Majeure or other causes of delay as ECONOMIC DEVELOPMENT AGREEMENT Page 4 Town Council Minutes October 13, 2015 Page 124 of 213Town Council Page 130 of 282 Meeting Date: November 10, 2015 DR A F T determined acceptable by Town, EDC and TIRZ in the reasonable discretion of Town, EDC, and TIRZ. 3.2.2 Developer shall use best efforts to provide two (2) separate restaurant quarterly gross sales reports to the Town within thirty (30) days following the end of each quarter, if Developer is able to obtain reports from tenants. This obligation shall end upon the date of termination of this Agreement. ARTICLE IV ECONOMIC DEVELOPMENT INCENTIVES — EDC Obligations 4.1 EDC Obligations: Pursuant to a Chapter 380 sales tax reimbursement agreement with Developer, EDC shall designate a portion of its annual budget to pay Developer's Lender a total amount not to exceed $1,064,278.25 (Purchase Price excluding interest) upon Developer's compliance with all conditions set forth in this section. EDC shall make such payments in accordance with subsection (a) of this Section and shall have the rights and remedies set forth below, and all payments shall be contingent upon Developer's compliance with each of the following conditions: a. Payment Terms by EDC and Certificate of Occupancy Deadline. EDC shall pay Developer's Lender monthly payments in the amount of $11,731.08, for a period of twenty-four (24) months, which payment by EDC commenced on January 22, 2015 pursuant to the terms of the Letter Agreement between the EDC and the Developer dated February 19, 2015, with a total payment by EDC not to exceed $140,773 annually to Developer's Lender, which amount is the equivalent of principal and interest due by Developer for the Property purchased (the "Land Repayment"). If at the end of the twenty-four (24) month period, such date being January 22, 2017, Developer has failed to obtain two (2) executed leases for two 2) restaurants, then EDC's Land Repayment obligations thereafter shall terminate, and EDC shall have the rights set forth in Section 4.1(b) (below), unless the parties agree to an extension of time as expressly authorized by this Agreement. Further, if Developer fails to obtain two (2) Certificates of Occupancy for each of the two (2) separate restaurant sites within the thirty-six 36) months after the first Land Repayment (January 22, 2018), then all further Land Repayment obligations of EDC hereunder shall terminate, unless the parties agree to an extension as expressly authorized by this Agreement, and EDC shall have the rights set forth in Sections 4.b and 4.f (below). If at the end of the initial twenty-four (24) month period, ending on January 22, 2017, Developer has complied with its obligations under this Section, EDC shall continue to make Land Repayments through the end of the thirty-six (36) month period ending on January 22, 2018. If at the end of the thirty-six (36) month period, Developer has complied with all obligations, EDC shall continue making Land Repayments in the amount of $11,731.08 with a total payment by EDC not to exceed $140,773 annually to the Developer's Lender pursuant to the Developer Agreement for a period of seven (7) additional years, ending January 22, 2025, or ECONOMIC DEVELOPMENT AGREEMENT Page 5 Town Council Minutes October 13, 2015 Page 125 of 213Town Council Page 131 of 282 Meeting Date: November 10, 2015 DR A F T upon the date that Developer's debt is paid in full, whichever occurs first. If EDC has exercised its right to purchase the Property pursuant to Section 4.1(b) (below), then EDC shall continue making Land Repayments to Developer's Lender on its own behalf and Developer shall not be a party or beneficiary thereof, but shall comply with all of its obligations as set forth under Section 4.b (below). Notwithstanding the foregoing, such Land Repayment shall not exceed 140,773.00 each year in which it is due, and debt service due on any bonds issued shall be paid by EDC prior to any payments to Developer due pursuant to this Agreement. b. EDC/Town's Right to Purchase/Financing Agreements/Mandatory Transfer of Property. The right of EDC and/or Town to purchase or require transfer of the Property by Developer shall be available at the end of the twenty four (24) month period, January 22, 2017, and again at the end of the thirty-six (36) month period, January 22, 2018, if Developer fails to comply with the requirements of Section 3.2 (above) related to such time periods. The Town and EDC's election to purchase the Property as permitted by this Section 4.1(b) shall be exercisable in its sole discretion within one hundred twenty (120) days of the passage of the twenty four (24) and/or thirty-six (36) month periods (the "Option Periods"), after which Option Periods the Town and EDC waive their right to elect to purchase the Property. Developer, Town, and EDC shall structure the bank financing agreement(s) for the Property such that Town and/or EDC has the right to step into Developer's shoes as the purchaser of the Property and/or Developer is required to transfer title to the Property to the EDC and/or Town if OTD has failed to comply with its obligations under Section 3.2 (above). All payments associated with such purchase made by EDC to Developer shall be paid directly to Developer's Lender for satisfaction of Developer's loan to purchase the Property. Developer agrees that upon request by Town and/or EDC, following Developer's failure to comply with its obligations under Section 3.2 of this Agreement, Developer shall within fifteen (15) days of written notice of default and demand by Town and/or EDC, execute all necessary documents and take all actions necessary to transfer all rights and interest to the Property, all Property Improvements, Public Improvements and all improvements of any kind to the Property, to Town and/or EDC. Developer's failure to timely comply with any requirement of this section shall be a default. c. Prepayment by EDC. The EDC has the right to pay the total principal amount to Developer's Lender at any time during the Agreement term without penalty, as well as to make additional principal payments without penalty. d. Discretionary Sale by OTD. The Town and/or EDC shall have the Right of First Refusal to purchase the Property if Developer desires to sell the Property with or without Public Improvements or Property Improvements at any time during the Right of First Refusal Term (defined below). The right of Town and/or EDC under this section shall remain in effect until such time as two (2) separate restaurants on the Property have each received a Certificate of Occupancy and ECONOMIC DEVELOPMENT AGREEMENT Page 6 Town Council Minutes October 13, 2015 Page 126 of 213Town Council Page 132 of 282 Meeting Date: November 10, 2015 DR A F T Developer complies with all of its obligations under Section 3.2 and Section 4.1(a) of this Agreement (above), at which time the Town's and EDC's right of First Refusal shall terminate and be of no further force and effect ("Right of First Refusal Term"). If at any time during the Right of First Refusal Term Developer desires to sell the Property, Developer shall first advise Town, EDC, and TIRZ in writing by providing the name of the potential purchaser of the Property. Town, EDC and TIRZ shall have the right to reasonably approve any and all future purchasers of the Property during the term of this Agreement. Upon approval by Town, EDC and TIRZ of the proposed purchaser of the Property, this Agreement shall be fully transferrable to the approved purchaser. Town, EDC and TIRZ approval shall not be unreasonably withheld or delayed. e. Lien Status. The EDC shall hold third (P) lien status and, any such lien status of EDC shall be subordinate to Developer's Lender's position on all phases of development. Such EDC lien shall exist until all required milestones as set forth in Section 4.1 (a) (above) and in this Agreement have been met by Developer, at which point it shall terminate and cease to be of any force or effect, and the EDC shall issue and file all documents necessary to terminate and remove such lien. Notwithstanding the foregoing, EDC's lien status shall only be subordinate to Developer's Lender's lien(s). f. Termination of Agreement. In addition to the rights and remedies provided to Town and EDC pursuant to Section 4.1 (a) and 4.1 (b) above for the failure of Developer to comply with the requirements of those Sections, this Agreement shall terminate, unless the parties agree to an extension of time, with no further obligation or payment of any kind by Town or EDC to Developer's Lender, if as of January 22, 2017, the expiration of twenty-four (24) months from January 22, 2015, Developer has failed to provide two (2) separate executed restaurant leases, and if as of January 22, 2018, the expiration of thirty-six (36) months from January 22, 2015, Developer has failed to timely comply with every term of this Agreement, or Developer has failed to obtain at least two (2) Certificates of Occupancy for two (2) separate restaurant sites by January 22, 2018, in which event the provisions set forth in Section 4.1 (b) (above) shall take effect. However, if Developer complies with Sections 4.1 (a), 4.1(b), 4.1.(c), and 4.1 (d) above), the EDC obligation to Developer shall terminate on January 22, 2025 or the date of payment in full of the Purchase by EDC and/or Town, whichever occurs first. Town's rights pursuant to Section 4.1 (c) (above) shall not be effected by this section. g. Dissolution or Bankruptcy of Developer. If Developer ceases to exist or files for bankruptcy during the Term of this Agreement, EDC shall be excused from making any future payments to Developer's Lender, and all agreements shall terminate pursuant to their terms. Notwithstanding the foregoing, Town's rights pursuant to Section 4.1(b) (above) shall survive termination of this Agreement. ECONOMIC DEVELOPMENT AGREEMENT Page 7 Town Council Minutes October 13, 2015 Page 127 of 213Town Council Page 133 of 282 Meeting Date: November 10, 2015 DR A F T ARTICLE V TIRZ OBLIGATIONS 5.1 TIRZ Funding. a. TIRZ Reimbursement, Term and Public Improvements. —Developer shall be eligible for payment in an amount up to $1,000,000 in reimbursement for amounts spent by Developer for eligible Public Improvements plus all interest which Developer must pay to a third party accumulated on the costs associated with such Public Improvements ("TIRZ Reimbursement"). Developer shall submit to Town proposed Public Improvements for which it seeks approval with appropriate bid and invoice documentation. Town must approve proposed Public Improvements as eligible for reimbursement by TIRZ prior to such expense being reimbursable to Developer. Town's determination shall be in the reasonable discretion of Town; such Town approval shall not be unreasonably withheld or delayed. Additionally, Developer shall comply with all applicable Town development regulations as a condition precedent to receipt of TIRZ Reimbursement. Beginning thirty days after the date of submission of the first invoice for TIRZ Reimbursement for an eligible Public Improvement, TIRZ shall pay to Developer the TIRZ Reimbursement payable to Developer at a rate of sixty percent (60%) of total incremental revenue generated from the entire TIRZ for twenty (20) years, or until such time as a maximum amount of $1,000,000 is paid to Developer in TIRZ Reimbursements, whichever occurs first. As long as there are sufficient funds available to pay the TIRZ Reimbursements, such payments shall be made monthly. Notwithstanding the foregoing, if at the time of Town's approval of Developer's reimbursable expense(s), TIRZ has not generated sufficient funds to pay Developer the full amount of the TIRZ Reimbursement, TIRZ shall be entitled to defer payment of the TIRZ Reimbursement, without interest, to Developer until such time as TIRZ has sufficient funds to provide Developer with the TIRZ Reimbursement; and such a deferment shall result in an extension of the 20 year Term of this Agreement or until such time as all TIRZ Reimbursements are paid to Developer. b. TIRZ First Priority. Developer shall have "first priority" of payment of the TIRZ Reimbursements payable pursuant to Section 5.1(a); provided however that if Developer fails to comply with its obligations under this Agreement or is in any manner in default of one or more of its obligations under this Agreement, TIRZ may in its reasonable discretion revoke Developer's first priority status upon ten 10) days prior written notice to Developer. Within thirty days (30) of date of Developer's cure of such failure, Developer's "first priority" status shall be reinstated. ECONOMIC DEVELOPMENT AGREEMENT Page 8 Town Council Minutes October 13, 2015 Page 128 of 213Town Council Page 134 of 282 Meeting Date: November 10, 2015 DR A F T 5.2 TIRZ Payment. a. Lump Sum Payment. Upon issuance of the first building permit for Bread Winners and Quarter Bar, the Town shall pay to Developer $400,000 as part of the total $1,000,000 TIRZ Reimbursement. TIRZ shall repay the Town $400,000 from forty percent (40%) of the total increment revenue generated by the TIRZ, including interest if desired by the Town. The Town shall have "first priority" of revenue and payment at a percentage rate not to exceed forty percent (40%) of total incremental revenue generated from the entire TIRZ. b. Performance Payment Reduction of Reimbursable Expenses. During years six through twenty (6-20) after the date of the execution of this Agreement, if a restaurant on the Property is continuously vacant for a period of twelve (12) months plus one (1) day, and Developer also is not in possession of: (1) a Letter Of Intent; or (2) a Building Permit; or (3) a Certificate of Occupancy, then the TIRZ Reimbursements shall be reduced by the total proportional contribution to the TIRZ of the form of ad valorem and sales tax generated by the vacant restaurant's highest incremental value generated. For example, if the former restaurant generated $10,000 to the TIRZ and the total TIRZ payment due to Developer was $20,000, then the $20,000 payment would be reduced by $10,000 until one or a combination of the foregoing events (1) through (3) occurs for a new restaurant upon the Property, at which time the TIRZ Reimbursements shall continue to be payable in full. ARTICLE VI TERMINATION 6.1 Termination of Developer Agreement. This Agreement shall terminate with no further payment of any kind by TIRZ to Developer if Developer has failed to timely comply with every term of this Agreement, and such failure has not been cured by January 22, 2018, or such later date as agreed to by the EDC. Notwithstanding the foregoing, EDC's rights pursuant to Section 4.1(b) (above) shall survive termination of this Agreement. 6.2 Dissolution or Bankruptcy of Developer. If Developer ceases to exist or files for bankruptcy during the Term, TIRZ shall be excused from making any future payments to Developer, and this Agreement shall terminate. Notwithstanding the foregoing, Town's rights pursuant to Section 4.1(b) (above) shall survive termination of this Agreement. 6.3 Default. In addition to the other events of default set forth in this Agreement, this Agreement may be terminated upon any one or more of the following: 1. By written agreement signed by both parties; 2. Expiration of the Term or fulfillment of all obligations as outlined in this Agreement; ECONOMIC DEVELOPMENT AGREEMENT Page 9 Town Council Minutes October 13, 2015 Page 129 of 213Town Council Page 135 of 282 Meeting Date: November 10, 2015 DR A F T 3. By the non -breaching Party in the event the other Party breaches any of the terms or conditions of this Agreement and such breach is not cured within sixty (60) days after written notice thereof to the breaching Party; 4. By Town, if Developer suffers an Event of Bankruptcy or dissolution; and 5. By Town, if any taxes, assessments or payments owed to the Town or the State of Texas by Developer shall become delinquent and not cured within sixty (60) days after written notice thereof if Developer is not then protesting or contesting any such taxes or assessments, in which event Developer shall not be in default due to non- payment of the protested taxes. ARTICLE VII MISCELLANEOUS 7.1 Successors and Assigns. The terms and conditions of this Agreement are binding upon the successors and assigns of all parties hereto. Except as expressly provided otherwise herein, this Agreement cannot be assigned by the Developer unless written permission is first granted by the Town, which consent shall not be unreasonably withheld, so long as the Developer's assignee agrees to be bound by all terms and conditions of this Agreement. Any party who obtains such consent shall hereafter be referred to as a "permitted assignee". It is understood and agreed between the parties that the Developer, in performing its obligations thereunder, is acting independently, and neither the Town, EDC and/or TIRZ assumes any responsibility or liabilities in connection therewith to third parties; it is further understood and agreed between the parties that the Town, EDC and/or TIRZ, in performing its obligations hereunder, is acting independently, and the Developer assumes no responsibilities in connection therewith to third parties. Notwithstanding the preceding provisions of this Section 7.1, the TOWN, EDC and TIRZ each consent to Developer's Lender as a permitted assignee hereunder. 7.2 Notices. Notices required to be given to any party to this Agreement shall be given personally or by certified mail, return receipt requested, postage prepaid, addressed to the party at its address as set forth below, and, if given by mail, shall be deemed delivered three (3) days after the date deposited in the United States' mail: For Town by notice to: Town of Trophy Club Attn: Stephen Seidel 100 Municipal Drive Trophy Club, TX 76262 For Developer by notice to: OTD TC, LLC Attn: Chris Gordon 2241 Veranda Avenue ECONOMIC DEVELOPMENT AGREEMENT Page 10 Town Council Minutes October 13, 2015 Page 130 of 213Town Council Page 136 of 282 Meeting Date: November 10, 2015 DR A F T Trophy Club, Texas 76262 With a copy to: The Law Offices of David T. Denney, P.C. Attn: David Denney 8350 N. Central Expwy., Suite 925 Dallas, Texas 75206 Any party may change the address to which notices are to be sent by giving the other parties written notice in the manner provided in this paragraph. 7.3 No Waiver. No claim or right arising out of a breach of this Agreement can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved. 7.4 Amendment. This Agreement may be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. 7.5 Venue. Exclusive venue for any litigation arising from this Agreement shall lie in Denton County, Texas. 7.6 Indemnity. Developer agrees to defend, indemnify and hold Town, EDC and/or TIRZ, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by Company's breach of this Agreement or by any negligent or strictly liable act or omission of Company, its officers, agents, employees or subcontractors, in the performance of this Agreement. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. This paragraph shall survive the termination of this Agreement. 7. 7 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto superseding all oral or written previous and contemporary agreements between the Parties relating to matters herein and, except as otherwise provided herein, cannot be modified without written agreement of all Parties. 7.8 Multiple Counterparts. This counterparts, each of which shall constitute an constitute one agreement. Agreement may be executed in multiple original, but all of which in the aggregate shall 7.9 Severability. If any provision contained in this Agreement is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof. In lieu of each invalid, illegal or unenforceable provision there ECONOMIC DEVELOPMENT AGREEMENT Page 11 Town Council Minutes October 13, 2015 Page 131 of 213Town Council Page 137 of 282 Meeting Date: November 10, 2015 DR A F T shall be added a new provision by agreement of the parties as similar in terms to such invalid, illegal or unenforceable provision as may be possible and yet be valid, legal and enforceable. 7.10 Context. Whenever the context requires, all words herein shall be deemed to include the male, female, and neuter gender, singular words shall include the plural, and vice versa. 7.11 No Third Party Beneficiary: Except as otherwise expressly provided for herein, for purposes of this Agreement, including its intended operation and effect, the parties specifically agree and Agreement that: ( 1) the Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with TOWN, EDC, TIRZ or Developer, collectively or individually; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either TOWN, EDC, TIRZ, or Developer. Except as otherwise expressly provided for herein, this Agreement shall not create any third -party beneficiaries. Notwithstanding the preceding provisions of this Section 7.11, the TOWN, EDC, TIRZ, and Developer each acknowledge that the Developer's Lender, as defined in Section 7.13 (6), will rely upon Sections 4.1(e), 7.1, 7.11, and 7. 13 of this Agreement in making a loan or loans to the Developer and is expressly included as a third party intended as a beneficiary of this Agreement relating to those express Sections and those Sections only. 7.12 Execution. This Agreement was authorized by action of the Town Council, EDC, and TIRZ and such action has authorized the Town Manager to execute this Agreement on behalf of the Town. 7.13 Developer's Lender Provisions. Notwithstanding anything to the contrary set forth in this document, the following provisions shall control: 1. TOWN, EDC, and TIRZ hereby consent to the Developer's collateral pledge and/or assignment of the Land Repayment and/or TIRZ Reimbursement to Developer's Lender in a manner the same as or similar to that provided in Chapter 64 of the Texas Property Code, as may be amended or superseded, and more commonly known as the Texas Assignment of Rents Act. 2. Before exercising any remedies of default against Developer or terminating the Land Repayment and/or TIRZ Reimbursement, the party exercising such remedies or termination shall first provide Developer's Lender with at least sixty (60) days notice of Developer's default and/or its intent to terminate the Land Repayment and/or TIRZ Repayment along with the specific reasons therefor, and allow the Developer's Lender an opportunity to cure said default and/or prevent such termination. Developer shall not be considered in default and no right of termination of the Land Repayment and/or TIRZ Repayment shall exist, so long as Developer's default under this Agreement is not creating material damage to the party exercising a remedy of default and/or termination of the Land Repayment and/or TIRZ Repayment, and Developer's Lender has begun to cure said default within the sixty (60) day period and thereafter diligently prosecutes the same to completion within a reasonable period ECONOMIC DEVELOPMENT AGREEMENT Page 12 Town Council Minutes October 13, 2015 Page 132 of 213Town Council Page 138 of 282 Meeting Date: November 10, 2015 DR A F T of time thereafter. 3. EDC's rights of purchase and/or rights of first refusal under Article IV above shall be expressly subordinate to the rights and liens of Developer's Lender, and any sale, transfer, assignment, or other conveyance of the Property shall be made expressly subject to the Developer's Lender's rights and liens. The parties hereto agree to execute in a form reasonably acceptable to Developer's Lender and suitable for recording in the public records a Subordination, Non -Disturbance, and Attornment Agreement which includes this covenant. 4. In the event that TIRZ revokes Developer's priority status, before doing so, TIRZ shall provide Developer's Lender with at least thirty (30) days prior written notice of its intent to revoke Developer's priority status, and allow Developer's Lender an opportunity to cure the reasons for such potential revocation within that thirty (30) day or other extended period provided in the written notice. Although Developer's Lender may have a right to perform an obligation or cure a default of the Developer under this Agreement, nothing herein shall require Developer's Lender to perform any such obligation or cure any default of Developer. The performance of an obligation or a cure of a default of Developer by Developer's Lender in one instance shall not operate to require the Developer's Lender to perform any other future obligations or defaults. The determination to perform any obligations or cure any defaults of the Developer hereunder shall be made in the sole and complete discretion of Developer's Lender. 6. As set forth herein, the term Developer's Lender means "First State Bank, a Texas state bank", and its successors and permitted assigns under Section 7.1 above. TOWN OF TROPHY CLUB, TEXAS Mayor, C. Nick Sanders Town of Trophy C lub, Texas Date: i Presiden&bregory Wilson EDC -413, Town of Trophy Club, Texas Date: I C)/Z-7/ 1 Chair,lDavid Brod tl \ TIRZ #1, Town of Trophy Club, Texas Date: ECONOMIC DEVELOPMENT AGREEMENT Page 13 Town Council Minutes October 13, 2015 Page 133 of 213Town Council Page 139 of 282 Meeting Date: November 10, 2015 DR A F T APPROVED TO FORM: Patricia Adams, Town Attorney ECONOMIC DEVELOPMENT AGREEMENT Page 14 Town Council Minutes October 13, 2015 Page 134 of 213Town Council Page 140 of 282 Meeting Date: November 10, 2015 DR A F T OTD TC, LLC OTD TC2, LLC ECONOMIC DEVELOPMENT AGREEMENT Page 15 Town Council Minutes October 13, 2015 Page 135 of 213Town Council Page 141 of 282 Meeting Date: November 10, 2015 DR A F T STATE OF TEXAS § COUNTY OF DENTON & TARRANT § This instrument was acknowledged before me on the Z_Pday of , 2015, by Mayor C. Nick Sanders of the Town of Trophy Club, Texas, a home -rule municipality of the State of Texas, on behalf of said political subdivision. Y'u HOLLY FIMBRES Notary Public STATE OF TEXASI j,yQpfrlrfl.7 t 19 STATE OF TEXAS COUNTY OF DENTON & TARRANT H.vc (""'L Q 10n_ Notary Publ'c, tate of Texas This instrument was acknowledged before me on the 2 -7v' -,day of r-, 2015, by President Gregory Wilson of the Economic Development Corporation 4B of the Town of Trophy Club, Texas, a home -rule municipality of said political subdivision. STATE OF TEXAS § COUNTY OF DENTON & TARRANT § on 0 -A "Mbvlxl - Notary PublLjState of Texas This instrument was acknowledged before me on the Chair David Brod of the Tax Increment Reinvestment Zone No. home -rule municipality of said political subdivision. Robbie Killingsworth gAPV PUB zO Notary Public State of Texas j9J OFZE*P Commission Expires 10/21/2018 EJday of V l 2015, by 1 of the Town of Trophy Club, Texas, a U Notary Public, ate of TQixas ECONOMIC DEVELOPMENT AGREEMENT Page 16 HOLLY FIMBRES Notary Public STATE OF TEXAS AAr C+FxrYii.111 X2019 STATE OF TEXAS § COUNTY OF DENTON & TARRANT § on 0 -A "Mbvlxl - Notary PublLjState of Texas This instrument was acknowledged before me on the Chair David Brod of the Tax Increment Reinvestment Zone No. home -rule municipality of said political subdivision. Robbie Killingsworth gAPV PUB zO Notary Public State of Texas j9J OFZE*P Commission Expires 10/21/2018 EJday of V l 2015, by 1 of the Town of Trophy Club, Texas, a U Notary Public, ate of TQixas ECONOMIC DEVELOPMENT AGREEMENT Page 16 Town Council Minutes October 13, 2015 Page 136 of 213Town Council Page 142 of 282 Meeting Date: November 10, 2015 DR A F T STATE OF TEXAS § COUNTY OF OeOALn § This instrument was acknowledged before me on the day of ()C:jj)V„r , 2015, by Q, -) ri*C)hef f1c7 & 0 OTD TC, LLC a Texas limited liability company, on behalf of said company. STATE OF TEXAS § COUNTY OF § Notary Publi , State of Texas This instrument was acknowledged before me on the 22 21ay of b , 2015, by Chrl 0unh Lnr6ovkn OTD TC2, LLC a Texas limited liability company, on behalf of said company. HOLLY FIMBRES Notiry Public S AAE CiF TEXA8 My Cts 1H41 C1 STATE OF TEXAS § COUNTY OF § Notary Publi , State of Texas This instrument was acknowledged before me on the 22 21ay of b , 2015, by Chrl 0unh Lnr6ovkn OTD TC2, LLC a Texas limited liability company, on behalf of said company. L l }- Notary Public, State of Texas ECONOMIC DEVELOPMENT AGREEMENT Page 17 HOLLY FIMBRES Notary Public STATE OF TEXAS My Cantu, 7111f'2019 L l }- Notary Public, State of Texas ECONOMIC DEVELOPMENT AGREEMENT Page 17 Town Council Minutes October 13, 2015 Page 137 of 213Town Council Page 143 of 282 Meeting Date: November 10, 2015 DR A F T Exhibit "A" LEGAL DESCRIPTION LEGAL DESCRIPTION TRACT ONE: Lots 1 and 2, Block A, Trophy Wood Business Center, an addition to the Town of Trophy Club, Denton County, Texas according to the plat thereof recorded in Volume V, Page 295 of the Plat Records of Denton County, Texas. (Parcel now located in Tarrant County). LEGAL DESCRIPTION TRACT TWO: Lot 2R-2, Block B, Trophy Wood Business Center, an addition to the Town of Trophy Club, Tarrant County, Texas according to the plat thereof recorded as Document No. D213097463 of the the Plat Records of Tarrant County, Texas. ZONING STATEMENT: Accordingto the current published zoning information, Tract One and Tract Two are currently zoned PD -25. FLOOD STATEMENT: Based on scaling the surveyed lot shown hereon onto the FEMA Flood Insurance Rate Map No. 48439CO085K (Rev. 9-25-09), said lot lies within FEMA zone X and does not lie within the FEMA designated 100 -year flood plain. Miller Surveying,Inc. makes no statement as to the likelihood of the actual flooding of said surveyed lot. EASEMENT STATEMENT: The following statements regarding easements and agreements are in reference to the items listed in Schedule B of the Commitment for Title Insurance issued on December 31,2014 by Chicago Title Insurance Company, GF No. CTMH63-8055631400073 and are based on my professional opinion: Regarding Item 10(f): The 10' Landscape Easement; the 37' Firelane Easement; the 15' Landscape Easement; the 5' Sidewalk and Utility Easement; the 35' Utility Easement; the 25' Utility Easement; and the 10' Utility Easement per plat Volume V Page 295 M.R.D.C.T. affect the surveyed tract(s) and are depicted accordingly; Regarding Item O(g): The 30' Building Line per plat Volume V Page 295 M.R.D.C.T. affect the surveyed tract(s) and are depicted accordingly; Regarding Item 10(h): The Variable Width Utility Easement; the 15' Landscape Easement; the 20' Sanitary Sewer Easement; the 5' Sidewalk & Utility Easement; the 15' Landscape Easement; the 10' Landscape Easement; the 10' Utility Easement and the Firelane,Drainage & Access Easement per plat D213097463 P.R.T.C.T. affect the surveyed tract(s) and are depicted accordingly; Regarding Item O(i): The 30' Building Line per plat D213097463 P.R.T.C.T.affect the surveyed tract(s) and are depicted accordingly; Regarding Item IOU): No plottable elements; Regarding Item O(k): The surveyed tracts are subject to the Grant of Recciprocal Easements and Declarations of Covenants recorded as Document No. D206339101 D.R.T.C.T.; ECONOMIC DEVELOPMENT AGREEMENT Page 18 Town Council Minutes October 13, 2015 Page 138 of 213Town Council Page 144 of 282 Meeting Date: November 10, 2015 DR A F T Regarding Item 10(1): The surveyed tracts are subject to the Access Easement and Agreement recorded in Volume 5228, Page 3916, R.P.R.D.C.T.; Regarding Item O(m): The easement to Texas Power and Light recorded in Volume 1521,Page 692 R.P.R.D.C.T. as shown on plat Cabinet A, Page 13053 P.R.T.C.T.. affects the surveyed tract(s) and is depicted accordingly; Regarding Item O(n): The easement to Trophy Club Municipal Utility District No. Irecorded in Volume 3260,Page 198 R.P.R.D.C.T. as shown on plat Cabinet A, Page 13053 P.R.T.C.T.,affects the surveyed tract(s) and is depicted accordingly; Regarding Item O(o): The easement to Pacific Southwest Bank recorded as Document No. 1995-34614 R.P.R.D.C.T. does not affect the surveyed tract(s); ECONOMIC DEVELOPMENT AGREEMENT Page 19 Town Council Minutes October 13, 2015 Page 139 of 213Town Council Page 145 of 282 Meeting Date: November 10, 2015 DR A F T Exhibit "B" CONCEPT PLAN 2449` Al TRAM TWO itr 41 d8F MILLER Ie IY.IY.M1YfY ECONOMIC DEVELOPMENT AGREEMENT Page 20 Town Council Minutes October 13, 2015 Page 140 of 213Town Council Page 146 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT I Bill Rose Winter Averaging - Rate Appeal Presentation Town Council Minutes October 13, 2015 Page 141 of 213Town Council Page 147 of 282 Meeting Date: November 10, 2015 DR A F T WINTER AVERAGING RATE APPEAL Town Council Minutes October 13, 2015 Page 142 of 213Town Council Page 148 of 282 Meeting Date: November 10, 2015 DR A F T Public utilities Commission JUST AND REASONABLE Town Council Minutes October 13, 2015 Page 143 of 213Town Council Page 149 of 282 Meeting Date: November 10, 2015 DR A F T TEXAS Administrative code A method of separating customers by class shall be adopted so as to apply rates that will accurately reflect the cost of service to each class of customer. Town Council Minutes October 13, 2015 Page 144 of 213Town Council Page 150 of 282 Meeting Date: November 10, 2015 DR A F T SEWER VOLUME BY USER 0 5 10 15 20 25 30 35 MI L L I O N G A L L O N S RESIDENTIAL 185.835 MG COMMERCIAL 135.346 MG TOTAL 321.181 MG Town Council Minutes October 13, 2015 Page 145 of 213Town Council Page 151 of 282 Meeting Date: November 10, 2015 DR A F T SEWER VOLUME BY USER 58% 42% 321.181 MILLION GALLONS CY2014 RESIDENTIAL 185.835 MG or 185,835 Units COMMERCIAL 135.346 MG or Town Council Minutes October 13, 2015 Page 146 of 213Town Council Page 152 of 282 Meeting Date: November 10, 2015 DR A F T Projected REVENUE BY CLASS 58% 23% 19% $1,543,702 from VOLUMETRIC RESIDENTIAL $ 893,184 + 294,558 $ 1,187,742 COMMERCIAL 135.346 MG @ $ 2.63 per K =$ 355,960 $ 294,558 45.2% 42 % $ 650,517 - $ 355,960 $ 294,558 Town Council Minutes October 13, 2015 Page 147 of 213Town Council Page 153 of 282 Meeting Date: November 10, 2015 DR A F T Equal COSTs BY USER Group Residential - Winter Averaging 58% 42% $1,543,702 TOTAL REVENUE BY USAGE RESIDENTIAL $ 893,184 185,835 units $ 4.806 per K 2014-15 364,224 units $ 2.461 per K COMMERCIAL $ 650,517 135,346 units $ 4.806 per K Town Council Minutes October 13, 2015 Page 148 of 213Town Council Page 154 of 282 Meeting Date: November 10, 2015 DR A F T Percentage RATE change sewer 8/27/13 5/20/14 9/1/15 16 Mo. 24 Mo. Basic Charge $12.71 $14.58 $15.35 105.28% 120.77% Residential Volumetric 0 - 12,000 g $2.50 $2.50 $2.63 105.20% 105.20% 12,001 - 18,000g 0 $2.50 $2.63 105.20% 26,300.00% Commercial Volumetric 0 – 6,000 g $2.50 $2.50 $2.63 105.20% 105.20% 7,000 – 17,000 g $3.05 $2.50 $2.63 105.20% 86.23% 18,000 – 25,000 g $3.30 $2.50 $2.63 105.20% 79.70% 26,000 – 50,000 g $3.40 $2.50 $2.63 105.20% 77.35% 51,000 g + $3.50 $2.50 $2.63 105.20% 75.14% Town Council Minutes October 13, 2015 Page 149 of 213Town Council Page 155 of 282 Meeting Date: November 10, 2015 DR A F T Annual residential sewer savings (winter averaging and no subsidization of Commercial) 0 100 200 300 400 500 1 2 3 4 5 6 7 8 9 10 11 Red = MUD proposed Single Family Rate $2.63 with average water use Green = Winter Average Single Family Rate $2.47 with average water use (Note: Additional $184.20 annual base rate cost is not included) TH O U S A N D G A L L O N S O F S E W A G E PE R M O N T H ( w i n t e r a v e r a g e ) ANNUAL SAVINGS 1 $404.31 2 $382.56 3 $360.81 4 $339.06 5 $317.31 6 $295.56 7 $273.81 8 $252.06 9 $230.31 10 $208.56 11 $186.81 Median User ~ 5,667 gallons Average User ~ 6,651 gallons Town Council Minutes October 13, 2015 Page 150 of 213Town Council Page 156 of 282 Meeting Date: November 10, 2015 DR A F T Public utilities Commission JUST AND REASONABLE Town Council Minutes October 13, 2015 Page 151 of 213Town Council Page 157 of 282 Meeting Date: November 10, 2015 DR A F T METER Reading 18,000 Gallons SEWER CHG $47.34 vs. $2.63 Re s i d e n t i a l 1 8 K S e w e r Re s i d e n t i a l 1 K S e w e r 1 7 K W a t e r Co m m e r c i a l 1 8 K S e w e r Re s i d e n t i a l > 1 8 K S e w e r A C B D Town Council Minutes October 13, 2015 Page 152 of 213Town Council Page 158 of 282 Meeting Date: November 10, 2015 DR A F T Rates Based On Cost of Service are !!! Town Council Minutes October 13, 2015 Page 153 of 213Town Council Page 159 of 282 Meeting Date: November 10, 2015 DR A F T WINTER AVERAGING is !!! Town Council Minutes October 13, 2015 Page 154 of 213Town Council Page 160 of 282 Meeting Date: November 10, 2015 DR A F T WINTER AVERAGING RATE APPEAL Town Council Minutes October 13, 2015 Page 155 of 213Town Council Page 161 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT J TCMUD No. 1 Site Plat Presentation Town Council Minutes October 13, 2015 Page 156 of 213Town Council Page 162 of 282 Meeting Date: November 10, 2015 DR A F T TROPHY CLUB MUD NO. 1 WASTEWATER TREATMENT PLANT Site Plan & Variance Approval Request Trophy Club Town Council Meeting October 13, 2015 Town Council Minutes October 13, 2015 Page 157 of 213Town Council Page 163 of 282 Meeting Date: November 10, 2015 DR A F T PROJECT TEAM Jennifer McKnight General Manager Trophy Club MUD No. 1 Kevin Glovier, P.E Sr. Project Manager The Wallace Group, a CP&Y, Inc. Company Adam Marsh, P.E. Project Engineer CP&Y, Inc. Town Council Minutes October 13, 2015 Page 158 of 213Town Council Page 164 of 282 Meeting Date: November 10, 2015 DR A F T PLAT PROCESS TO DATE Waivers were requested and granted by ZBA on September 28, 2015 Final Plat approved by P& Z and Town Council on September 28, 2015 Site Plan and waivers were approved by P&Z on October 1, 2013 subject to: * update site plan to show existing fence around Maintenance Barn * all waivers approved including full landscape waiver * remove trees that could block plant entrance in catastrophic event Tonight the District is seeking Town Council approval of the Site Plan and variances from some ordinance requirements Site Plan approval is the final step to allow construction permits to be issued so the plant upgrade can get back underway Town Council Minutes October 13, 2015 Page 159 of 213Town Council Page 165 of 282 Meeting Date: November 10, 2015 DR A F T Overall Site Plan Town Council Minutes October 13, 2015 Page 160 of 213Town Council Page 166 of 282 Meeting Date: November 10, 2015 DR A F T Facility Site Plan Town Council Minutes October 13, 2015 Page 161 of 213Town Council Page 167 of 282 Meeting Date: November 10, 2015 DR A F T SITE PLAN VARIANCES REQUESTED Paved Parking Fire Lane Landscaping Irrigation Plan Town Council Minutes October 13, 2015 Page 162 of 213Town Council Page 168 of 282 Meeting Date: November 10, 2015 DR A F T PAVED PARKING All parking areas at plant site paved with concrete Existing nonconforming building located adjacent to the plant site on the eastern end of the property (between plant site and ClubCorp Maintenance Building) Maintenance Barn is not continually inhabited and is used for storage and maintenance only; no office space Parking area currently not paved with concrete but is a gravel driveway and parking area New concrete would be subject to deterioration during and after construction from constant heavy equipment usage Variance sought from requirement for paved parking at existing Maintenance Barn adjacent to plant site currently utilized by Town Park’s Department Town Council Minutes October 13, 2015 Page 163 of 213Town Council Page 169 of 282 Meeting Date: November 10, 2015 DR A F T Maintenance Barn Parking Area Town Council Minutes October 13, 2015 Page 164 of 213Town Council Page 170 of 282 Meeting Date: November 10, 2015 DR A F T Town Council Minutes October 13, 2015 Page 165 of 213Town Council Page 171 of 282 Meeting Date: November 10, 2015 DR A F T FIRE LANE The width of the driveway at the southwest corner is 22 feet wide instead of required 25 feet wide Reduced width due to distance between existing building and crane foundation; crane necessary to allow removal of MBRs for maintenance Approval from Fire Marshal for reduced width; fire equipment can still maneuver within property with reduced width fire lane Variance sought to allow reduced fire lane from 25 foot width to 22 foot width on southwest corner of property Town Council Minutes October 13, 2015 Page 166 of 213Town Council Page 172 of 282 Meeting Date: November 10, 2015 DR A F T FIRE LANE Configuration Requested Until Road Constructed in Dedicated ROW Town Council Minutes October 13, 2015 Page 167 of 213Town Council Page 173 of 282 Meeting Date: November 10, 2015 DR A F T LANDSCAPING REQUIREMENTS A minimum of 15% of total landscaped area is required which amounts to 1.59 acres (461,011 sf x 15% = 69,151 sf). Only 3.4 acres (148,460 sf) is actually developed, with the rest being existing native vegetation. The existing and future land use should be taken into account and the District is respectfully requesting a waiver from providing required landscaping since no landscaping currently exists. The Code requires 9 trees per 4,000 sf of open space. The 10.583 acre property is 77% open space (existing native vegetation). This would require 810 trees to be planted (358,903 sf/4,000 sf/tree*9 trees). To plant these trees, existing trees would have to be removed. The existing dense vegetation, and the fact that no work is being done in the existed vegetated areas, presents an undue burden to complete a tree survey. And because the only way to claim credit for existing trees is to complete a tree survey, the District is requesting a variance from this requirement. Town Council Minutes October 13, 2015 Page 168 of 213Town Council Page 174 of 282 Meeting Date: November 10, 2015 DR A F T HEAVY VEGETATION SURROUNDING PLANT SITE Town Council Minutes October 13, 2015 Page 169 of 213Town Council Page 175 of 282 Meeting Date: November 10, 2015 DR A F T LANDSCAPING & IRRIGATION PLAN Landscaping requirements presents a financial investment to residents in an area where its unnecessary Existing and future land use will be for wastewater treatment and landscaping has never been a part of the plant site Natural vegetation surrounds the plant site Tree requirements pose potential problems to underground yard piping required for wastewater collection at the plant site Without landscaping there is no need for irrigation plan Variance sought from requirement for landscaping and irrigation plan Town Council Minutes October 13, 2015 Page 170 of 213Town Council Page 176 of 282 Meeting Date: November 10, 2015 DR A F T TREE REMOVAL REQUEST BY P&Z Trees to be removed are oak trees 8”- 18” Town Council Minutes October 13, 2015 Page 171 of 213Town Council Page 177 of 282 Meeting Date: November 10, 2015 DR A F T TREE REMOVAL REQUEST BY P&Z Town Council Minutes October 13, 2015 Page 172 of 213Town Council Page 178 of 282 Meeting Date: November 10, 2015 DR A F T THANK YOU FOR YOUR CONSIDERATION Questions? Town Council Minutes October 13, 2015 Page 173 of 213Town Council Page 179 of 282 Meeting Date: November 10, 2015 DR A F T ATTACHMENT K Ordinance No. 2015-23 Town Council Minutes October 13, 2015 Page 174 of 213Town Council Page 180 of 282 Meeting Date: November 10, 2015 DR A F T TOWN OF TROPHY CLUB ORDINANCE NO. 2015-23 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ARTICLE IV ENTITLED "SIGN REGULATIONS", OF CHAPTER 5 ENTITLED "GENERAL LAND USE" OF THE CODE OF ORDINANCES AND ADOPTING A NEW ARTICLE IV "SIGN REGULATIONS", OF CHAPTER 5 "GENERAL LAND USE" OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES IN ORDER TO REGULATE SIGNAGE WITHIN THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING SEVERABILITY; PROVIDING THAT ANY PERSON WHO VIOLATES CHAPTER 5 OF ARTICLE IV SHALL BE GUILTY OF A CLASS C MISDEMEANOR PUNISHABLE BY A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) PER VIOLATION AND THAT EACH DAY A VIOLATION IS ALLOWED TO EXIST OR CONTINUES TO EXIST SHALL BE A SEPARATE OFFENSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, due to changed circumstances the Town Council deems it in the best interest of the Town of Trophy Club, Texas to repeal Article IV entitled "Sign Regulations" of Chapter 5 entitled "General Land Use" of the Code of Ordinances and adopt a new Article IV entitled "Sign Regulations" of Chapter 5 entitled "General Land Use" of The Town of Trophy Club Code of Ordinances; and WHEREAS, the Town is predominately a residential community, small portions of which have been zoned for commercial and other non-residential uses. The protection and preservation of the rights and values of privacy, aesthetics, and safety are of great importance to the residents of the Town and substantially contribute to the special ambiance, quality of life, and general welfare of the community. The property values in the Town and the general welfare of its residents are enhanced by the maintenance of the highest standards of privacy, aesthetics, and safety for the benefit of all its residents; and WHEREAS, the Town Council finds that the proliferation of an unlimited number of signs in private, residential, commercial, non-residential, and public areas of the Town would create ugliness, visual blight and clutter, tarnish the natural beauty of the landscape as well as the residential and commercial architecture, impair property Town Council Minutes October 13, 2015 Page 175 of 213Town Council Page 181 of 282 Meeting Date: November 10, 2015 DR A F T values, substantially impinge upon the privacy and special ambience of the community, and may cause safety and traffic hazards to motorists, pedestrians, and children; and WHEREAS, the Town Council wishes to allow speech and expression through the medium of signs so long as the Town is protected against the proliferation of an unlimited number of signs and unnecessarily large signs that would substantially impinge upon the Town's interests in privacy, aesthetics, safety and adversely impact the value of property owned by its residents; and WHEREAS, the Town Council declares that the time, place, and manner of the regulations of signs described in this Article are necessary to protect and preserve the Town's aforesaid interests in privacy, aesthetics, safety, and property values 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 having been found by the Town Council to be true and correct are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS 2.01 Article IV entitled "Sign Regulations" of Chapter 5 entitled " General Land Use" of the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Article IV entitled "Sign Regulations" of Chapter 5 entitled "General Land Use" of the Code of Ordinances of the Town of Trophy Club is hereby adopted to be and read in its entirety as follows: Section Index Section 4.00 Declaration, Purpose and Intent Section 4.01 Definitions Section 4.02 Permit Requirements Section 4.03 General Standards Section 4.04 Traffic Safety Section 4.05 Political Signs Section 4.06 Real Estate Signs - Limited Purpose On -Premise Signs Section 4.07 Religious Institutional Signs ORD 2015-23 Page 2 of 39 Town Council Minutes October 13, 2015 Page 176 of 213Town Council Page 182 of 282 Meeting Date: November 10, 2015 DR A F T Section 4.08 Temporary Signs 4.08 (A) Temporary Sign Regulations 4.08 (B) Banner Signs 4.08 (C) Special Purpose Signs for Special Events Section 4.09 Permanent Commercial Signs and Institutional Signs 4.09 (A) General Regulations 4.09 (B) Illuminated Signs 4.09 (C) Miscellaneous Sign Regulations - Table Section 4.10 Permissible Signs Not Requiring Permits Section 4.11 Temporary Permits Section 4.12 Non -Conforming Uses Section 4. 13 Meritorious Exceptions and Appeals Section 4. 14 Maintenance of Signs Section 4.00 Declaration, Purpose and Intent A. Declarations. The Town is predominately a residential community, small portions of which have been zoned for commercial and other non-residential uses. The protection and preservation of the rights and values of privacy, aesthetics, and safety are of great importance to the residents of the Town and substantially contribute to the special ambiance, quality of life, and general welfare of the community. The property values in the Town and the general welfare of its residents are enhanced by the maintenance of the highest standards of privacy, aesthetics, and safety for the benefit of all its residents; therefore - 1 . herefore: 1. It is hereby declared that the proliferation of an unlimited number of signs in private, residential, commercial, non-residential, and public areas of the Town would create ugliness, visual blight and clutter, tarnish the natural beauty of the landscape as well as the residential and commercial architecture, impair property values, substantially impinge upon the privacy and special ambience of the community, and may cause safety and traffic hazards to motorists, pedestrians, and children. 2. It is hereby declared that the Town wishes to allow speech and expression through the medium of signs so long as the Town is protected against the proliferation of an unlimited number of signs and unnecessarily large signs that would substantially impinge upon the Town's interests in privacy, aesthetics, safety and adversely impact the value of property owned by its residents. 3. It is hereby declared that the time, place, and manner of the regulation of signs described in this Article are necessary to protect and preserve the Town's aforesaid interests in privacy, aesthetics, safety, and property values. ORD 2015-23 Page 3 of 39 Town Council Minutes October 13, 2015 Page 177 of 213Town Council Page 183 of 282 Meeting Date: November 10, 2015 DR A F T B. Purpose, Applicability and Intent. 1. The purpose of this Article is to provide reasonable regulations for the erection and display of signs. These regulations are intended to promote the public health, safety and general welfare through a comprehensive set of reasonable standards and requirements which preserve the appearance of the Town. 2. These regulations are not intended to prohibit the erection or display of a sign with a religious or political message, or any sign allowed or required by state or federal law; provided that any such sign conforms to the size requirements and other reasonable requirements of this Article. 3. The purpose of this Article is to protect those areas both within the corporate limits and within the extraterritorial jurisdiction of the Town from visual clutter and safety hazards resulting in driver distraction. The regulations contained in this Article are applicable to the incorporated limits and the extraterritorial jurisdiction of the Town. Section 4.01 Definitions Unless otherwise provided for herein, the following terms shall have the respective meanings ascribed to them. Awning: A roof -like structure, usually made of canvas, that serves as a shelter, as over a storefront, window, door or deck. Also, an architectural projection that provides weather protection, identity or decoration, and is supported by the building to which it is attached. Changeable Electronic Variable Message Sign (CEVMS): A sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including light emitting diode (LED) or Electronic Message Board or digital sign, and which varies in intensity or color. A CEVMS does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices, as amended. Designated Official: The Town Manager or his or her designee. Dilapidated Or Deteriorated Condition: Any sign, which in the reasonable discretion of the Designated Official, has any one or more of the following characteristics: 1. Where elements of the surface or background can be seen, as viewed from the right-of-way, to have portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the surface; or ORD 2015-23 Page 4 of 39 Town Council Minutes October 13, 2015 Page 178 of 213Town Council Page 184 of 282 Meeting Date: November 10, 2015 DR A F T 2. Where the structural support or frame members are visibly bent, broken, dented, or torn; or 3. Where the panel is visibly cracked, or in the case of wood and similar products, splintered in such a way as to constitute an unsightly or harmful condition; or 4. Where the sign or its elements are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or by the failure of a structural support), or 5. Where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions Electronic Message Board: A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means. Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments. The term includes a Programmed Electronic Display. Graffiti: Any marking, including, but not limited to, any inscription, slogan, drawing, painting, symbol, logo, name, character, or figure that is made in any manner on tangible property. 1. A person who, under court order, is the guardian of the person of a minor; or 2. A public or private agency with whom a minor has been placed by a court. Height of Signs: As applied to a sign, height shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and natural grade at the center of the base of the sign Illumination, Direct: Lighting by means of an unshielded light source, including neon tubing, strobes, etc., which is effectively visible as part of the sign, where the light travels directly from the source to the viewers eye. Illumination, Indirect: Lighting by means of a light source, not itself visible, which is directed at a reflecting surface in such a way as to illuminate the sign, or a light source which is primarily designed to illuminate the entire building facade upon which a sign is displayed. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination, e.g., parking lot lights or lights inside a building which may silhouette a window sign but which are primarily installed to serve as inside illumination. Illumination, Internal: Lighting by means of a light source which is within a sign having a translucent background, silhouetting opaque letters or designs, or which is within letters or designs that are themselves made of a translucent material. ORD 2015-23 Page 5 of 39 Town Council Minutes October 13, 2015 Page 179 of 213Town Council Page 185 of 282 Meeting Date: November 10, 2015 DR A F T Light Sources: Neon lights, fluorescent lights, incandescent lights, halogen lights and any reflecting surface, which, because of its construction and/or placement becomes in effect a source of light emission. Logo: A design, registered trademark or insignia of an organization, individual, company, or product which is commonly used in advertising to identify that organization, individual, company or product. Masonry: Formed concrete, concrete block, cinder block or similar material with facing added to their exposed surface. Median: A land mass, mostly covered by grass and/or other landscaping materials, enclosed in concrete curbing placed between streets and roads separating opposing traffic, or to the right of streets or roads separating streets or roads from one way, single lane, slip road access to private real properties. Minor: A person under 18 years of age who is not and has not been married or who has not had his disabilities of minority removed for general purposes. Owner: Any person with the legal or equitable right of possession to any property, including without limitation, any person having custody or control over the property, or his or her authorized agent or representative. Parent: The mother, a man presumed to be the biological father or a man who has been adjudicated to be the biological father by a court of competent jurisdiction, or an adoptive mother or father, but does not include a parent as to whom the parent-child relationship has been terminated. Premises: Land, including any structures built upon it, building(s) or a part of a building. Private Real Property: Land, within the corporate limits or extraterritorial jurisdiction of the Town, that any person, firm, corporation, partnership, sole proprietorship, Homeowners' Association or other private entity recognized in law, owns, leases, claims, occupies or has supervision or control of, whether such real property is occupied or unoccupied, improved or unimproved. Programmed Electronic Display: Any display in which lamps are used to give information such as, but not limited to, time, temperature, stock market data and which may or may not be electronically programmed to deliver different messages. Property: Any tangible personal or real property. Raceway: A rectangular tube used for the purpose of enclosing electrical components such as wiring, transformers, etc. ORD 2015-23 Page 6 of 39 Town Council Minutes October 13, 2015 Page 180 of 213Town Council Page 186 of 282 Meeting Date: November 10, 2015 DR A F T Right -of -Way: A strip of land, the first eleven (11) feet as measured from the back of curb, or, if no curb, the first eleven (11) feet measured from the edge of the roadway pavement, including the adjacent area, used or intended to be used, wholly or in part, as a public street, alley, crosswalk, sidewalk, drainage way or other public way. Sign: Any device or surface on which letters, illustrations, designs, figures or symbols are painted, printed, stamped, raised, projected or in any manner outlined or attached, and used for advertising purposes; temporary mobile signs and private directional signs shall be considered signs for purposes of this Article, regardless of the content of the message or wording thereon. Political signs, except as expressly provided herein, mobile advertising, hand -carried signs, and vending machine signs shall not be considered signs for purposes of this Article. Signs include but are not limited to the following: A-Frame/Sandwich Board Sign: A self supporting "A" shaped sign with two visible sides that is situated on or adjacent to a sidewalk. Apartment sign: A sign identifying an apartment building or complex of apartment buildings. Awning Sign: An awning displaying a business name or logo. Bandit Sign: Handbills, lost and found notices, advertisement sheets, and/or garage sale signs attached to a tree, utility pole, traffic pole, fence post or other feature or structure that is not designed nor intended to be a part of the structure. These do not include warning signs or other signs required by state law to be placed on a utility pole, traffic pole or fence post. Banner Sign: A Temporary advertising device composed primarily of cloth, paper, fabric, or other similar non -rigid material, supported by wire, rope, or similar means; it may also be attached to a building or other structure, and may be mounted vertically or horizontally. Banner Signs also include Tear Drop Flags, Bow Flags, and other similar types of signs. Billboard Sign: An Off -Premise Sign consisting of any flat surface erected on a framework or on any structure, or attached to posts and used, or designed to be used for the display of bills, posters or other advertising material, for the purpose of advertising a business or activity not located on the same premises as the said advertising material. Mobile advertising, hand -carried signs, and political signs shall not be considered a billboard for purposes of this Article. Builder Sign: A Temporary On -Premise sign identifying the builder or general contractor of a residential construction site. Bulletin Board Sign: A permanent on-site sign providing public information to the residential subdivision within which it is located. ORD 2015-23 Page 7 of 39 Town Council Minutes October 13, 2015 Page 181 of 213Town Council Page 187 of 282 Meeting Date: November 10, 2015 DR A F T Business Sign: A permanent On -Premise sign that is used to identify a business, profession, apartment complex, organization, institution, service, activity or other nonresidential use conducted, sold or offered on the site where such sign is located. This sign may also identify the name of the site or development or may identify the occupants within the site or development. Canopy Sign: A canopy sign is a sign painted or affixed to a roof -like structure that shelters a use such as, but not restricted to, a gasoline pump island, and is supported by either one or more columns or by the building to which it is accessory and is open on two or more sides. Development Sign: A Temporary, On -Premise promotional sign pertaining to the development of land or construction of buildings on the site where the sign is erected. In residential districts, the intent of the sign shall be to promote a subdivision and not any particular builder. Directional Sign: A permanent On -Premise sign intended to aid in vehicular movement on the site. Directional Real Estate Sign: Off -Premises Sign, intended to direct persons to premises offered for lease, rent, or sale, including but not limited to, "Open House" and directional signs or sale. Directory Sign: A sign listing the occupants within a shopping center, retail district, office districts, and commercial sites located on the same premises. Electronic Display Sign: Refer to "Programmed Electron Display". Feather Flag: A Sign with or without characters, letters, illustrations, or ornamentations applied to cloth, paper, flexible plastic, or fabric of any kind with only such material for backing. Feather flags may be a single Sign or multiple Signs attached to a support pole or post, typically have a 4:1 height to width ratio, and may resemble a sail. Fence Sign: A sign that is affixed or attached to a fence, whether permanent or Temporary. Flashing Sign: A sign, which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or any externally mounted light source. Electronic display signs are not considered flashing signs for the purpose of this Article. Flag: A display on cloth or other flexible material generally attached on only one side, usually used as a symbol of a government, school, or religion, and not containing a commercial message. ORD 2015-23 Page 8 of 39 Town Council Minutes October 13, 2015 Page 182 of 213Town Council Page 188 of 282 Meeting Date: November 10, 2015 DR A F T Government Sign: Signs, permanent or temporary, required by governmental bodies or specifically authorized for a public purpose by any administrative policy or guideline, Code or other law. Such Signs may also include traffic or similar regulatory devices, legal notices, warnings at railroad crossings, and other instructional, informative, or regulatory signs necessary to serve the general welfare, health, and safety of the community. Ground Sign: Any sign connected to the ground by legs, poles, or other supports and which is not an attached, portable, monument, or vehicular sign. Illegal Non -Conforming Sign: A sign which was in violation of any of the Codes of the Town of Trophy Club governing the erection or construction of such a sign at the time of its erection, and which has never been erected or displayed in conformance with all duly enacted Codes, including but not limited to, signs which are pasted, nailed, hung, painted or otherwise unlawfully displayed upon structures, utility poles, posts, trees, fences or other structures. Illuminated Sign: A sign that has characters, letters, figures, designs or outlines illuminated by electrical lights, luminous tubes or other means. Inflatable Sign: A Temporary hollow sign expanded or enlarged by the use of air or gas. Institutional Sign: A permanent on-site sign used to identify governmental and municipal agencies, public/private schools, or similar public institutions, and used to communicate messages of public importance to the general public. Legal Non -Conforming Sign: A sign which was lawfully erected and maintained prior to the enactment of the Sign Code and any amendments thereto, and which does not conform to current applicable regulations and restrictions of the Sign Code. Model Home Sign: A temporary sign, identifying a new home, either furnished or unfurnished, as being the builder or contractors model open to the public for inspection. Monument Sign: A sign mounted on a solid base or pedestal with no visible space between the sign and the base or pedestal. The sign is not mounted on visible poles, struts, wires, or other visible structures. The sign base or pedestal shall be constructed of masonry material. Nameplate Sign: A sign that identifies only the name of an individual, firm, or corporation, which is attached to a structure and may contain the suite number or other directory information concerning the location of the individual, firm or corporation within the building. ORD 2015-23 Page 9 of 39 Town Council Minutes October 13, 2015 Page 183 of 213Town Council Page 189 of 282 Meeting Date: November 10, 2015 DR A F T Obsolete Leases Premises Sign: An On -Premise sign or sign structure that previously was a legal sign, or a legal, non -conforming sign; however, it remains on leased property after the second anniversary of the date the tenant ceases to operate on the premises. Obsolete Sign: An On -Premise sign or sign structure that previously was a legal sign, or a legal, non -conforming sign; however, it remains on the property after the first anniversary of the date the business, person or activity that the sign or sign structure identifies or advertises ceases to operate on the premises on which the sign or sign structure is located. Off -Premise Sign: A sign located upon a Premises which directs attention to (a) to goods; (b) to a business, commodity, service, or product; or (c) to an entertainment location, other than the Premises upon which such sign is located. Off -Premise Real Estate Sign: A sign located upon a Premises which directs attention to the sale, lease, rental, or construction of a structure or a lot, other than the Premises upon which such sign is located. On -Premise Sign: A Sign which directs attention (a) to goods; (b) to a business, commodity, service, or product; or (c) to an entertainment location, upon the Premises where such sign is located. On -Premise Real Estate Sign: A Sign which directs attention to the sale, lease, rental, or construction of a structure or a lot, upon the Premises where such sign is located. Permanent Commercial Sign: A permanent On -Premises Sign advertising a business. Pole (or Pylon) Sign: Any free standing, On -Premise sign supported from the ground by upright structural and/or horizontal cross members. Political Sign: A Temporary Sign that promotes a political issue or a candidate or candidates for public office, including without limitation, a sign of any political party, group, or idea that contains primarily a political message or other similar noncommercial speech. Portable Sign: A sign utilized by a government entity and that is not attached or affixed to the ground, a building or other fixed structure or object. Portable signs include those signs installed on mobile structures. Projecting Sign: A sign, except an awning, which projects from a building, and has one end attached to a building or other permanent structure, including but not limited to, a marquee sign. ORD 2015-23 Page 10 of 39 Town Council Minutes October 13, 2015 Page 184 of 213Town Council Page 190 of 282 Meeting Date: November 10, 2015 DR A F T Protective Sign: A sign that communicates a warning. Real Estate Sign: A limited purpose On -Premise sign supported by upright and/or horizontal cross structural members and which pertains to the sale, rental or lease of the lot or tract of land on which the sign is located, or to the sale, rental or lease of one or more structures, or a portion thereof located thereon. Religious Sign: A sign containing a religious or other similar noncommercial message. Religious Institutional Sign: On -Premise Sign placed on property belonging to a Church or other religious institution for purposes of conveying religious messages or providing the public with other information related to the Church or religious institution or other non-commercial purpose. Rider sign: A supplemental sign attached to above or below Real Estate Sign, or its sign post that provides limited but additional information pertaining to the premises on which the Real Estate Sign is placed. Roof Sign: Any sign supported by the roof of a building, painted on the roof or eaves of a building, or placed above the apparent flat roof or eaves of a building as viewed from any elevation. Service Contractor Sign: An On -premises temporary sign identifying the contractor(s) responsible for work. Sign Walker: A person or animal, visible from the public Right -of -Way, wearing lights, or wearing a costume, and/or holding, twirling, or wearing a sign, for any purpose, including without limitation, making a statement, soliciting donations or business, or drawing attention to a business, project, place or event. Special Purpose Directional Sign: A temporary sign that is either On -Premise or Off -Premise that provides location information, directs persons along a route, or otherwise directs persons to a premises or location upon which a special event or occurrence sponsored by a non-profit, civic, or other organization to which a Special Event Permit has been issued by the Town. Special Purpose Sign: A temporary sign that is either On -Premise or Off -Premise that provides identification or information pertaining to a special event or occurrence sponsored by a non-profit, civic, or other organization to which a Special Event Permit has been issued by the Town. Structurally Alter Sign: To change the form, shape or size of an existing sign or any supportive or bracing elements of said sign excluding temporary embellishments on a changeable copy sign. ORD 2015-23 Page 11 of 39 Town Council Minutes October 13, 2015 Page 185 of 213Town Council Page 191 of 282 Meeting Date: November 10, 2015 DR A F T Structurally Repair Sign: The reconstruction or renewal of any part of the supportive or bracing elements of an existing sign. Temporary Pole Sign: A free standing, On -Premise sign displayed for a temporary period of time as provided in this Article and supported from the ground up by upright structural members. Temporary Sign: A sign which includes, but is not limited to, a sign, banner, pennant, flag, searchlight, inflatable, outside display of merchandise or similar device which is to be displayed for a limited period of time. Vehicle Mounted Sign: Any sign, not including bumper stickers, on or in a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection or lettering of a company vehicle that advertises only the company name and address, or Temporary Signs (with an area of less than 3 square feet) attached to vehicles which may be removed daily. Wall Sign: A sign attached or affixed parallel or flat to an exterior wall surface of a building. Wind Device Sign: A pennant, streamer, inflatable balloon or similar device made of cloth, canvas, plastic, or other similar flexible material, with or without a frame or other supporting structure, and used as a sign. Window Sign: A sign painted on or permanently affixed to a window or window area or any sign located on the internal and/or external surface of the window, or is located within two inches (2") of the window, of any establishment. Sign Permit: A permit issued under the authority of the Town to erect, move, structurally alter or structurally repair any specific billboard, sign or other outdoor advertising within the corporate limits of the Town. Sign Structure: Any portion of an advertising device, inclusive of its supports, or any device solely designed for carrying an advertising message. Vision Triangle: An area of visibility on a street corner, including within the Right -Of - Way, allowing for safe operation of vehicles, pedestrians and cyclists in the proximity of intersecting streets, sidewalks and bicycle paths. At a minimum, the area of the triangle shall be determined as follows: extending straight lines from the nearest point at which the paved area of the two streets intersect to a point on the edge of each of the intersecting streets that is 25 feet from the point of beginning. ORD 2015-23 Page 12 of 39 Town Council Minutes October 13, 2015 Page 186 of 213Town Council Page 192 of 282 Meeting Date: November 10, 2015 DR A F T Section 4.02 Permit Requirements A. Except as expressly provided herein, no sign shall be erected, placed, displayed or located without first obtaining a sign permit from the Town. 1. Application for Permit: Application for a permit for a permanent sign shall be made in writing upon forms furnished by the Designated Official authorized so designated to do so by the Town Manager. The application for a sign permit shall contain the following information: a. Applicant's name, address and telephone number. b. Name, address and telephone number of the Owner of the property on which the sign is to be located. c. Name, address and telephone number of the lessee the sign is to benefit, if applicable. d. Name, address and telephone number of the person/contractor erecting the sign. e. Name, address and telephone number of the electrical subcontractor, if applicable. f. Type of sign and use classification g. Scaled Site Plan Showing: i. The location of the building, structure or tract to which or upon which the sign is to be attached or erected, ii. The position of the sign in relation to nearby structures or other signs, and iii. Dimensions of setbacks, building lines, distances between the sign and streets and property lines. iv. Scaled drawings of the signs including height, width, area, design, text and logo. h. The Designated Official may require the filing of additional plans or pertinent information which, in the Official's opinion, are necessary to ensure compliance with this Article. ORD 2015-23 Page 13 of 39 Town Council Minutes October 13, 2015 Page 187 of 213Town Council Page 193 of 282 Meeting Date: November 10, 2015 DR A F T 2. Termination of Permit: A sign permit may be terminated in accordance with the following provisions: a. A permit shall be active for the life of the Sign, as long as it is in compliance with this Article. b. A permit shall expire if the sign for which it has been issued has not been constructed within ninety (90) days from the date of issuance. c. A permit issued for any sign including its supporting structure shall automatically expire in the event the sign shall fail inspection and such failure is not corrected within sixty (60) days. d. The Designated Official may suspend or revoke any permit whenever it is determined that the permit has been issued in error or on the basis of incorrect or false information supplied, or whenever such permit was issued in violation of the Sign Code, any other Code of the Town, the laws of the State of Texas or the federal government. Such revocation shall be effective when communicated in writing to the person to whom the permit is issued or the Owner of the sign or the Owner of the premises on which the sign is located. Any sign for which a permit has been revoked shall be immediately removed by the person in control of the sign or premises upon which the sign is located within fifteen (15) business days of the receipt of the written notice of revocation. e. Any person may appeal the revocation of the sign permit by filing written notice of the intention to appeal with the Planning Official no more than ten 10) business days after the receipt of written notice of the revocation. The appeal will be forwarded to the Planning & Zoning Commission for review. The Commission shall forward a recommendation to the Town Council for final determination. The decision of the Town Council shall be final. 3. Permit Fees A Sign permit fee shall be paid to the Town in accordance with the most current fee schedule adopted by the Town. Section 4.03 General Standards A. Height of Signs Sign height shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and natural grade at the center of the base of the sign. ORD 2015-23 Page 14 of 39 Town Council Minutes October 13, 2015 Page 188 of 213Town Council Page 194 of 282 Meeting Date: November 10, 2015 DR A F T B. Building and Electrical Codes Applicable All signs must conform to the regulations and design standards of the Building Code, UL standards and other Codes of the Town. Wiring of all electrical signs must conform to the current Electric Code of the Town. C. Illuminated Signs Signs with external lighting shall be down -lighted. The light source shall be fully shielded such that it cannot be seen from the property line of the site on which the sign is located. Although the light cast from the source may be visible at the property line of an abutting residential property, any spillover light at the abutting residential property line shall not exceed 0.02 foot-candle of luminance. Neon signs shall be permitted by meritorious exception as provided for in Section 4.13 - Meritorious Exceptions & Appeals. D. The following provisions shall apply to all areas and zoning districts of the Town: 1. Governmental Signs Nothing in this Article shall be construed to prevent the display of a national or state flag, or to limit flags, insignias, legal notices, or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies (State, Federal, and the Town of Trophy Club only). Stop signs and street signs placed within the Town shall conform to the design specified in the Town's Subdivision Regulations and other standards adopted by the Town. Temporary Government Signs may be utilized by any governmental agency and shall meet the requirements of Section 4.08(E) in addition to other applicable requirements of this Article. 2. Addresses Address numerals and other signs required to be maintained by law or governmental order, rule or regulation are allowed, provided that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation. 3. The occupant of a premise may erect not more than two (2) protective signs in accordance with the following provisions: a. Each sign must not exceed one (1) square foot in effective area; b. Detached signs must not exceed two (2) feet in height; and c. Letters must not exceed four (4) inches in height. ORD 2015-23 Page 15 of 39 Town Council Minutes October 13, 2015 Page 189 of 213Town Council Page 195 of 282 Meeting Date: November 10, 2015 DR A F T 4. Temporary holiday decorations are permitted 5. Vehicular signs are prohibited except as specifically allowed by this Article; however, vehicular signs shall be allowed on construction trailers, on construction sites, on transport vehicles being loaded or unloaded, and on passenger vehicles parked at the Owner's or user's place of residence or business. E. Billboard Signs — CEVMS Pursuant to Section 4.09 (C) - Miscellaneous Sign Regulations, Billboard Signs are not allowed within the Town or its extraterritorial jurisdiction unless specifically authorized by the Town Council upon recommendation of the Town Planning and Zoning Commission. The erection of new CEVMS Billboard Signs or the modification or conversion of existing Billboard Signs into CEVMS within the Town limits and the extraterritorial jurisdiction of the Town is hereby expressly prohibited. F. CEVMS or Electronic Message Board Signs For CEVMS or Signs with Electronic Message Boards, other than Billboard Signs, the approval of Town Council upon recommendation of the Town Planning and Zoning Commission is required to convert any existing sign into or to construct any new sign as a CEVMS or to construct any existing sign into or to convert any new sign into a sign with an Electronic Message Board. G. Exempt Banner Signs. Banner Signs not used for commercial purposes, when located wholly on Private Real Property, shall not be considered Signs for the purposes of this Article and are therefore exempt from its regulations. Section 4.04 Traffic Safety A. Conflicts with Public Signs No sign shall be erected or maintained at any location where by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic control sign, signal or device, or where it may interfere with, mislead or confuse traffic. B. Sight Visibility Restriction No sign shall be located in any Vision Triangle as defined in Section 4.01 - Definitions. ORD 2015-23 Page 16 of 39 Town Council Minutes October 13, 2015 Page 190 of 213Town Council Page 196 of 282 Meeting Date: November 10, 2015 DR A F T Section 4.05 Political Signs 1. Duration: All Political signs meeting the requirements of this Article, shall only be erected or maintained in a location allowed under this Article for a maximum period of sixty 60) days before the Signs must be replaced or removed as required by this Article. Political Signs shall be kept in good repair and proper state of preservation during the entire time that they are erected. Political Signs advertising an event, election, function or activity shall be removed within three 3) days following the date of such event, election, function or activity. Failure to remove such Signs within the three (3) day period shall give the Designated Official the authority to remove such Signs without notice. 2. Town Owned/ Leased Property - Medians/Right-of-Way/Highway 114 Except for Political Signs placed on the public Right of Way portion of either residentially or non -residentially zoned Private Real Property with the permission of the property Owner, and meeting the requirements of Section 4.05(A)(5) or Section 4.05(A)(6), as applicable, no Political Sign shall be erected or placed on Town owned or leased Property, including without limitation, the Median and Right -of -Way. Town Right -of -Way includes the Right -of -Way within the Town's corporate limits along State Highway 114. Notwithstanding the foregoing, Political Signs allowed pursuant to a Special Event Permit or as otherwise expressly authorized by this Article shall be allowed on Town owned or leased Property in accordance with the terms of an approved Special Event Permit. 3. Town Owned/ Leased Property — Sign Walkers with Political Signs Sign Walkers with Political Signs shall be prohibited upon all Town owned Property, including without limitation, public Medians and public Right -of -Way. 4. Safety Hazard Prohibited Political Signs shall not be installed in any manner that may result in a potential safety hazard of any type, including, but not limited to placement in any Town Right -of -Way and/ or within in a Vision Triangle. 5. Private Real Property - Non -Residential Zoning No Political Sign shall be erected or placed on Private Real Property zoned for non-residential use, including but not limited to vacant lots or tracts, unless the property Owner or other person having custody or control over the property upon which such Sign is placed or his or her authorized agent or representative has given written permission and such documentation is provided to the Town Secretary, or designee, at least one (1) business day prior to the placement of ORD 2015-23 Page 17 of 39 Town Council Minutes October 13, 2015 Page 191 of 213Town Council Page 197 of 282 Meeting Date: November 10, 2015 DR A F T the Sign on the property. Such written permission filed with the Town shall only be valid until December 31 of the year in which it was submitted. Political Signs for which permission has been authorized shall comply with all applicable requirements of this Article. The property Owner may remove and discard any such signs placed on the property without permission. 6. Private Real Property - Residential Zoning No Political Sign shall be erected or placed on Private Real Property zoned for residential use, including but not limited to property owned by a Homeowners' Association, unless the property Owner has given verbal or written permission. Political Signs for which permission has been authorized shall comply with all applicable requirements of this Article. The property Owner may remove and discard any such signs placed on the property without permission. 7. Number, Size and Placement A Political Sign shall not exceed thirty-six (36) square feet in area nor exceed eight fee (8') in height, as measured from the ground. A Political Sign may not be illuminated or have any moving elements. No more than one (1) of such signs for each political candidate and two (2) of such signs per issue on the election ballot shall be erected on any parcel of land. As used in this section "parcel" shall mean a piece of land having fixed boundaries, whether those boundaries are fixed by plat or by metes and bounds. The front and back surface of a Political Sign shall constitute one (1) sign. For signs with three (3) or more surfaces, each surface shall constitute a separate sign for purposes of size requirements. Signs with three (3) or more surfaces are prohibited on residentially zoned parcels of land. In the event that the number of Political Signs upon a lot or property exceeds the total number permitted by this Article, the Political Signs in excess of the number permitted shall be deemed to be in violation of this Article. 8. Removal The Designated Official shall have the authority to immediately remove signs in violation of this Article and shall hold the Signs for five (5) calendar days for disposal. Additionally, any Political Sign placed, erected, or maintained in violation of this Article may be removed by the Owner of the Property upon which the sign has been placed without prior notice of any kind. 9. Vehicle Mounted Political Signs A Political Sign which is mounted or placed on any trailer or vehicle and which is not permanently affixed to the trailer or vehicle is permitted. A vehicle with such ORD 2015-23 Page 18 of 39 Town Council Minutes October 13, 2015 Page 192 of 213Town Council Page 198 of 282 Meeting Date: November 10, 2015 DR A F T a sign may be parked on a public street in accordance with the Town's parking regulations. For purposes of this paragraph, a Political Sign otherwise required by this Article to be supported by the ground is not required to be supported by the ground if it is mounted or placed on a trailer or vehicle in accordance with this section. 10. Exemption from Permit/Regulations Political Signs shall not require a sign permit, and except as regulated by this Section, are exempt from the remainder of the regulations contained in this Article. 11. Zoning Districts Political Signs complying with the requirements of this Article shall be allowed in all zoning districts of the Town. 12. Illumination Political signs shall not be illuminated and shall comply with all other requirements of this Article. Section 4.06 Real Estate Signs - Limited Purpose On -Premise Signs Real Estate Signs are authorized as a limited purpose On -Premise Sign for Private Real Property zoned for residential and non-residential use as well as Town owned property and may be erected, in addition to permanent signage, in accordance with this section: 1. Duration: All Real Estate Signs meeting the requirements of this Article, shall be maintained in good condition and shall be removed within three (3) days following the sale, lease or rental of the property upon which they are located. Failure to remove such signs within the three (3) day period shall give the Designated Official the authority to remove such signs without notice. 2. Town Owned/ Leased Property- Medians/Right-of-Way/Highway 114. No Real Estate Sign shall be erected or placed on Town owned or leased property, including without limitation, in a public Median or a public Right -of -Way. Any real estate sign so erected or placed upon Town owned or leased property may be removed by the Designated Official without notice. ORD 2015-23 Page 19 of 39 Town Council Minutes October 13, 2015 Page 193 of 213Town Council Page 199 of 282 Meeting Date: November 10, 2015 DR A F T 3. Open House Signs. Only On -Premise "Open House" Signs shall be allowed. Such signs shall not be placed in a Vision Triangle. In the event that any such Sign is not in compliance, the Designated Official of the Town may remove the Sign without prior notice. Signs shall not be permitted to be within any Median or Right -of -Way in the Town. 4. Town Owned/Leased Property - Sign Walkers with Real Estate Signs Sign Walkers with Real Estate Signs shall be prohibited upon all Town owned Property, including without limitation, public Medians and public Right -of -Way. 5. Safety Hazard Prohibited Real Estate Signs shall not be installed in any manner that may result in a potential safety hazard of any type, including but not limited to placement in any Town Right -of -Way and/or within in a Vision Triangle. 6. General Regulations Private Real Property - Residential and Non -Residential Zoning No Real Estate Sign shall be erected or placed on Private Real Property zoned for either residential or non-residential use, including but not limited to vacant lots or tracts, unless the property Owner has given verbal or written permission. Only On -Premise Real Estate Signs meeting the requirements of this Article shall be allowed. Real Estate signs shall not be illuminated and shall comply with all other requirements of this Article. Riders may be attached to Real Estate Signs as allowed by this Article. Real Estate Signs for which permission has been authorized shall comply with all applicable requirements of this Article. The property Owner may remove and discard any such signs placed on the property without permission. 7. Directional Real Estate Signs. Except as specifically allowed for Special Events, Off Premise Directional Signs for Real Estate or Open House purposes shall not be allowed within the Town. 8. Number, Size, and Location A Real Estate Sign shall contain no more than two (2) sides and shall not exceed six (6) square feet of text area on each side, including any riders. Signs larger than six (6) square feet of text area shall be considered as being Permanent Commercial Signs or Institutional Signs and shall be subject to Section 4.09 - Permanent Commercial Signs and Institutional Signs of this Article. ORD 2015-23 Page 20 of 39 Town Council Minutes October 13, 2015 Page 194 of 213Town Council Page 200 of 282 Meeting Date: November 10, 2015 DR A F T The maximum height of such Signs or sign post vertical member shall not exceed six (6) feet, as measured from the ground. On all lots other than golf course lots, Real Estate Signs shall be limited to one 1) advertising sign and one (1) "Open House" sign per lot. On lots adjoining a golf course, one (1) additional Real Estate advertising Sign may be placed to face the golf course. One (1) Rider may be placed on each Real Estate Sign allowed by this section. 9. Removal The Designated Official shall have the authority to immediately remove Signs in violation of this Article and shall hold the Signs for five (5) calendar days for disposal. Additionally, any Real Estate placed, erected, or maintained in violation of this Article may be removed by the Owner of the Property upon which the Sign has been placed without prior notice of any kind. 10. Vehicle Mounted Real Estate Signs A Real Estate Sign which is mounted or placed on any trailer or vehicle and which is not permanently affixed to the trailer or vehicle is permitted. A vehicle with such a Sign may be parked on a public street in accordance with the Town's parking regulations. For purposes of this paragraph, a Real Estate Sign otherwise required by this Article to be supported by the ground is not required to be supported by the ground if it is mounted or placed on a trailer or vehicle in accordance with this section. 11. Exemption from Permit/Regulations Real Estate Signs shall not require a sign permit, and except as regulated by this Section, are exempt from the remainder of the regulations contained in this Article. 12. Zoning Districts Real Estate Signs complying with the requirements of this Article shall be allowed in all zoning districts of the Town. 13. Illumination Real Estate signs shall not be illuminated and shall comply with all other requirements of this Article. ORD 2015-23 Page 21 of 39 Town Council Minutes October 13, 2015 Page 195 of 213Town Council Page 201 of 282 Meeting Date: November 10, 2015 DR A F T Section 4.07 Religious Institutional Signs Religious Institutional Signs shall not contain any commercial message. 1. Zoning Districts Religious Institutional Signs complying with the requirements of this Article shall be allowed in all zoning districts of the Town. Section 4.08 Temporary Signs A. Temporary Sign Regulations Except as specifically provided in this Section or in Section 4.05 Political Signs, Section 4.06 Real Estate Signs - Limited Purposes On -Premise Signs, or Section 4.07 Religious Institutional Signs, the following regulations shall apply to all Temporary Signs as identified herein, including but not limited to Banner Signs, Builder Signs, Development Signs, Inflatable Signs, Model Home Signs, Service Contractor Signs, and Special Purpose Directional (Special Event Permit Only) Signs. 1. Duration: All Temporary Signs meeting the requirements of this Article, shall only be erected or maintained in a location allowed under this Article for a maximum period of sixty (60) days before the signs must be replaced or removed as required by this Article. Temporary Signs shall be kept in good repair and proper state of preservation during the entire time that they are erected. Temporary Signs advertising an event, election, function or activity shall be removed within three (3) days following the date of such event, election, function or activity. Failure to remove such signs within the three (3) day period shall give the Designated Official the authority to remove such signs without notice. 2. Town Owned/Leased Property - Medians/Right-of-Way/Highway 114 Except for Temporary Signs placed on the public Right of Way portion of either residentially or non -residentially zoned Private Real Property with the permission of the property Owner, and meeting the requirements of Section 4.05(A)(5) or Section 4.05(A)(6), as applicable, no Temporary Sign shall be erected or placed on Town owned or leased Property, including without limitation, the Median and Right -of -Way. Town Right -of -Way includes the Right -of -Way within the Town's corporate limits along State Highway 114. Notwithstanding the foregoing, Temporary Signs allowed pursuant to a Special Event Permit or as otherwise expressly authorized by this Article shall be allowed on Town owned or leased Property in accordance with the terms of an approved Special Event Permit or specific provision of this Article. ORD 2015-23 Page 22 of 39 Town Council Minutes October 13, 2015 Page 196 of 213Town Council Page 202 of 282 Meeting Date: November 10, 2015 DR A F T 3. Town Owned/Leased Property — Sign Walkers with Temporary Signs Sign Walkers with Temporary Signs shall be prohibited upon all Town owned Property, including without limitation, public Medians and public Right -of -Way. 4. Safety Hazard Prohibited Temporary Signs shall not be installed in any manner that may result in a potential safety hazard of any type, including, but not limited to placement in any Town Right -of -Way and/or within in a Vision Triangle. 5. Private Real Property - Non -Residential Zoning No Temporary Sign shall be erected or placed on Private Real Property zoned for non-residential use, including but not limited to vacant lots or tracts, unless the property Owner upon which such sign is placed has given written permission and such documentation is provided to the Town Secretary, or designee, at least one (1) business day prior to the placement of the sign on the property. Written permission shall be valid for one (1) calendar year from the date upon which permission is provided. Temporary Signs for which permission has been authorized shall comply with all applicable requirements of this Article. 6. Private Real Property - Residential Zoning No Temporary Sign shall be erected or placed on Private Real Property zoned for residential use, including but not limited to property owned by a Homeowners' Association, unless the property Owner, has given verbal or written permission. The Owner may remove and discard any such Signs placed on the property in violation of this Section without prior notice. Temporary Signs for which permission has been authorized shall comply with all applicable requirements of this Article. 7. Number, Size and Placement A Temporary Sign shall not exceed the maximum height and size limitations as set forth in this Article, including without limitation, Section 4.09(C) Miscellaneous Signs Regulations — Table, of this Article. No more than one (1) of such Signs shall be erected on any parcel of land unless expressly authorized for the Sign type in Section 4.09(C). As used in this section "parcel" shall mean a piece of land having fixed boundaries, whether those boundaries are fixed by plat or by metes and bounds. The front and back surface of a Temporary Sign shall constitute one (1) sign. For signs with three (3) or more surfaces, each surface shall constitute a separate sign for purposes of size requirements. Signs with three (3) or more surfaces are prohibited on residentially zoned parcels of land. ORD 2015-23 Page 23 of 39 Town Council Minutes October 13, 2015 Page 197 of 213Town Council Page 203 of 282 Meeting Date: November 10, 2015 DR A F T In the event that the number of Temporary Signs upon a lot or property exceeds the total number permitted by this Article, the Signs in excess of the number permitted shall be deemed to be in violation of this Article. For non -residentially zoned districts, the Designated Official shall have the authority to immediately remove the Signs and shall hold the signs for five (5) calendar days for disposal. 8. Removal Any Temporary Sign placed, erected, or maintained in violation of this Article may be removed by the Designated Official, property Owner without prior notice of any kind. 9. Vehicle Mounted Temporary Signs A Temporary Sign which is mounted or placed on any trailer or vehicle and which is not permanently affixed to the trailer or vehicle is permitted. A vehicle with such a Sign may be parked on a public street in accordance with the Town's parking regulations. For purposes of this paragraph, a Temporary Sign otherwise required by this Article to be supported by the ground is not required to be supported by the ground if it is mounted or placed on a trailer or vehicle in accordance with this section. 10. Exemption from Permit/Regulations Temporary Signs shall not require a Sign permit unless specifically required by this Article or by the Schedule of Fees adopted by the Town. 11. Zoning Districts Temporary Signs shall only be allowed in those zoning districts designated for the specific Sign type in accordance with Section 4.09(C) Miscellaneous Signs Regulations — Table, of this Article. B. Banner Signs 1. Number, Size and Placement Only one (1) Banner Sign per premises or lease space shall be allowed. The size of such Sign shall be no more than thirty-six (36) square feet per premise or lease space. Display of Banner Signs shall comply with the requirements of Section 4.08(B)(2) of this Article and shall be allowed no more than two (2) times annually. ORD 2015-23 Page 24 of 39 Town Council Minutes October 13, 2015 Page 198 of 213Town Council Page 204 of 282 Meeting Date: November 10, 2015 DR A F T 2. Duration Banner Signs shall be permitted for no more than thirty (30) consecutive days. At least ninety (90) days shall lapse between the end of the first period of display and the beginning of the second period of display. 3. Zoning Districts Banner signs shall only be allowed in non-residential zoning districts. C. Special Purpose Signs for Special Events Special Purpose Signs complying with the provisions of this Section shall be allowed in conjunction with Special Events provided that a Special Event Permit issued pursuant to Article XV of Chapter 10 of the Code of Ordinance has been obtained for the Event. Special Purpose Signs may be posted for Events that are expressly exempt from the Requirements of Article XV of Chapter 10 provided however that all such signs shall comply with the requirements of this Section and other applicable provisions of the Sign Ordinance. 1. Number, Size and Placement a. Banner Signs. One (1) Banner, not to exceed fifty (50) square feet, shall be allowed on the Special Event site. Placement of the Banner shall be subject to the requirements of the Special Event Permit or the approval of the Community Development Director when a Special Event Permit is not required. A Banner shall not be strung between trees, but shall be securely attached to a building, or securely strung between two (2) temporary poles. b. Special Purpose Signs - Special Event Permit. Special Purpose Signs, including without limitation, Directional Signs and Directional Real Estate Signs, shall only be allowed for Special Events pursuant to a Special Event Permit. Except as specifically allowed for in this Section, Directional Signs shall not be allowed within the Town. In addition to the requirement to obtain a Special Event Permit, prior to the placement of a Special Purpose Sign, any person or entity placing such a sign shall also have received authorization or approval for such placement from the Owner of the property upon which such sign is placed, and shall comply with applicable notification requirements set forth in this Article. D. Duration Special Purpose Signs authorized by this Section in accordance with a valid Special Event Permit shall be allowed up to fourteen (14) days prior to the date of ORD 2015-23 Page 25 of 39 Town Council Minutes October 13, 2015 Page 199 of 213Town Council Page 205 of 282 Meeting Date: November 10, 2015 DR A F T the Event. All signage shall be removed within twenty-four (24) hours following the conclusion of the Event. E. Temporary Government Signs Temporary Government Signs may include those signs of any government agency, including agencies other than the State Government, Federal Government or Town of Trophy Club, and may be placed for a limited time to provide time specific, seasonal, or other necessary public service or regulatory information to the community. These Signs shall require a Temporary Permit and shall otherwise comply with all requirements of this Article, including without limitation, all regulations governing Temporary Signs. Section 4.09 Permanent Commercial and Institutional Signs A. General Regulations. Permanent Commercial Signs and Institutional Signs shall include the following sign types and shall be subject to the following provisions: 1. On -Premise Signs (Monument and Wall) Signs in areas zoned for Non -Residential purposes shall be On -Premises signs. 2. Maximum Gross Surface Area The face of each sign shall not exceed the gross surface area as outlined below. 3. Monument signs shall not exceed ten feet (10') in height. 4. No commercial sign shall be allowed which is painted on the wall of any building or on any part of a building. 5. Signs owned, constructed and used by the Town to provide information, direction and enforcement shall be exempt from these requirements. 6. Wall signs shall be centered horizontally on the store frontage for a tenant's space. The maximum copy height shall not exceed two feet (2'), six inches (6"). The minimum copy height shall be one foot (1'), two inches (2"). The mounted copy depth shall be five inches (Y). Wall signs shall not project more than twelve inches from the wall surface. B. Illumination of Signs a. Internally lit, individual aluminum channel letters shall have a 1/8" Plexiglas front. The raceway shall be painted to match the surface upon which it is mounted. ORD 2015-23 Page 26 of 39 Town Council Minutes October 13, 2015 Page 200 of 213Town Council Page 206 of 282 Meeting Date: November 10, 2015 DR A F T b. The raceway shall allow appropriate internal reinforcing and adequate service access for all hardware. No wiring, angle iron or other supports shall be exposed. The raceway shall contain all transformers and wiring for the letters. c. Illuminated signs which are visible through the window of a tenant's space shall be set back a minimum of two (2") inches from the face of the window. The distance shall be measured from the front surface of the sign to the face of the window. If the front surface contains letters or other symbols that project outward, then the distance shall be measured from that point. C. Miscellaneous Sign Regulations - Table The following table entitled "Signage Criteria" contains regulations applicable to the Sign types listed below. No person shall construct, allow, maintain or allow the construction or maintenance of sign in violation of any of the regulations provided below: ORD 2015-23 Page 27 of 39 Maximum Maximum Maximum Zoning Permanent/ DurationSignTypeNumberSize & Height District Temporary A-Frame/Sandwich Board Prohibited Apartment 1 per entry 50 sq ft/ Life of Residential Permanent Permit Awning Prohibited Bandit Prohibited Banner, Feather Flag, 1 per premise or 36 sq ft. N/A 30 days Non- Temporary Tear Drop Flag, Wind lease space no Residential Device, Bow Flag more than 2 times annually Billboard Along property To be determined by the Town Non- Permanent which abuts State Council upon recommendation Residential Highway 114 of the Planning & Zoning Commission Builder/Contractor 2 per premise 6 sq ft 4 ft Removed All Districts Temporary upon sale, lease, rental Bulletin Board To be determined by the Town Council upon Residential Permanent recommendation of the Planning & Zoning Commission Canopy 25 sq ft or 10% of the face of the canopy Life of Non- Permanent of which it is a part of or to which it is Structure Residential attached, whichever is greater ORD 2015-23 Page 27 of 39 Town Council Minutes October 13, 2015 Page 201 of 213Town Council Page 207 of 282 Meeting Date: November 10, 2015 DR A F T ORD 2015-23 Page 28 of 39 Maximum Maximum Maximum Zoning Permanent/ Sign Type Number Size & Height Duration District Temporary Contractor Service No limit provided 6 sq ft 4 ft 14 Days All Districts Temporary total combined sq after footage does not completion exceed 6 sq ft of service CEVMS 1 per premise with 50 sq. 4 ft. Life of All Districts Permanent approval of the ft. Permit Town Council upon recommendation of the Planning and Zoning Commission; Not allowed on Billboards Development 1 per 32 sq ft 5 ft Residential: All Districts Temporary project/premise 90% of all lots/houses sold Commercial: Completion of Project Directional 6 sq ft 3 ft Life of All Districts Permanent Permit Directional Temporary Prohibited except as allowed with a Special Event Permit Temporary Real Estate Directory 1 per premise To be determined by the Town Non- Permanent Council upon recommendation Residential of the Planning & Zoning Commission Electronic Message 1 per premise with 50 sq. ft, 4 ft Life of Permit All Districts Permanent Boards approval of the Town Council upon recommendation of the Planning and Zoning Commission; Not allowed on Billboards Fence Prohibited Flashing Prohibited ORD 2015-23 Page 28 of 39 Town Council Minutes October 13, 2015 Page 202 of 213Town Council Page 208 of 282 Meeting Date: November 10, 2015 DR A F T ORD 2015-23 Page 29 of 39 Maximum MaximumMax4Height Zoning Permanent/ Sign Type Number SizDuration District Temporary Government Permanent No limit — As No limit - No limit All Districts Permanent Required As As — As Required Required Required Government Temporary Restricted Temporary Ground 1 per 16 sq 4 ft Life of All Districts Permanent entry/premise ft Permit Illuminated 1 per premise 50 sq Life of Non- Permanent ft Permit Residential Inflatable 1 per premise To be determined by the Town All Districts Temporary Council upon recommendation of the Planning & Zoning Commission Institutional 1 per 50 sq 4 ft Life of Non- Permanent entry/premise ft Permit Residential Model Home 1 per Model 16 sq 4 ft Removed Residential Temporary Home ft upon sale, Districts lease, rental Monument 1 per 50 sq 10 ft Life of All Districts Permanent entry/premise ft Permit Nameplate 1 per lease space 2 sq ft 1 ft Life of Non- Permanent Permit Residential Off -Premise Prohibited Political 36 sq 8 ft 60 days All Districts Temporary ft Portable Restricted Projecting Prohibited Protective 2 per premise 1 sq ft 2 ft Life of All Districts Temporary or structure Permanent Real Estate Restricted Rider Allowed with Real Estate Sign Roof Prohibited Special Purpose 1 pre premise/lot 6 sq ft 4 ft 14 days All Districts Temporary prior/24 hr following ORD 2015-23 Page 29 of 39 Town Council Minutes October 13, 2015 Page 203 of 213Town Council Page 209 of 282 Meeting Date: November 10, 2015 DR A F T Section 4.10 Permissible Signs Not Requiring Permits A. The following Signs shall be subject to all limitations and provisions provided in this Article, and shall not require a sign permit. These exceptions shall not be construed as relieving the Owner of the sign from the responsibilities of its erection, maintenance, and its compliance with the provisions of this Article or any other law or code regarding the same: 1. Changeable Copy The changing of advertising copy or message on a painted or printed sign, or the changing of advertising copy or message on a changeable reader board specifically designed for use of replaceable copy, not to include Programmed Electronic Display. 2. Holiday Decorations Signs or materials displayed in a temporary manner during traditional, civic, patriotic or religious holidays. 3. Internal Signs Signs visible only from the premises on which located or visible from off the premises only through a window or windows from which they are set back. ORD 2015-23 Page 30 of 39 Maximum Maximum Maximum Zoning Permanent/ Sign Type Number Size & Height District TemporaryDuration Temporary Pole 1 per premise/lot 32 sq ft 5 ft 1 year from All Districts Temporary temporary permit issuance Wall 1 per lease space 40 sq ft or the Life of Non- Permanent product of 2 Permit Residential times the lineal width of the wall, whichever greater. Shall not exceed 75% of the width or the height of the available wall area or store frontage for a tenant's space Window No limit provided total combined sq Life of Non- Permanent footage does not exceed 25% of the Permit Residential visible window area available in the absence of any signs Section 4.10 Permissible Signs Not Requiring Permits A. The following Signs shall be subject to all limitations and provisions provided in this Article, and shall not require a sign permit. These exceptions shall not be construed as relieving the Owner of the sign from the responsibilities of its erection, maintenance, and its compliance with the provisions of this Article or any other law or code regarding the same: 1. Changeable Copy The changing of advertising copy or message on a painted or printed sign, or the changing of advertising copy or message on a changeable reader board specifically designed for use of replaceable copy, not to include Programmed Electronic Display. 2. Holiday Decorations Signs or materials displayed in a temporary manner during traditional, civic, patriotic or religious holidays. 3. Internal Signs Signs visible only from the premises on which located or visible from off the premises only through a window or windows from which they are set back. ORD 2015-23 Page 30 of 39 Town Council Minutes October 13, 2015 Page 204 of 213Town Council Page 210 of 282 Meeting Date: November 10, 2015 DR A F T 4. Memorial Signs Markers, plates, plaques, etc., when deemed an integral part of a structure, building or landscape. 5. National and/or State Flag Display of flags is allowed. 6. Vehicle Mounted Signs Except as otherwise regulated herein, Signs located on motor vehicles or trailers bearing current license plates and inspection stickers, when appropriate, which are traveling or lawfully parked upon public roadways or lawfully parked upon any other premises for a period not to exceed four (4) hours or for a longer period where the primary purpose of such parking is not the display of any sign. 7. Other Signs as specifically identified herein. Section 4.11 Temporary Permits The Designated Official of the Town of Trophy Club upon application from an individual or company may grant Temporary Permits or Waivers to hang Banners and/or Signs for Commercial purposes or Temporary Government Signs as set forth in Section 4.08 — Temporary Signs, of this Article. Signs approved by the Designated Official as meeting the criteria necessary to satisfy the provisions found in Section 4.08 — Temporary Signs, of this Article may be displayed on a temporary basis not exceeding a six (6) week period. The length of the temporary permit will be at the discretion of the Designated Official, not exceeding the maximum six (6) week period at the discretion of the Designated Official, unless good cause is shown by the Permit Applicant that public interest or necessity requires a longer period for the Temporary Permit . The Designated Official may extend the Temporary Permit for four (4) additional consecutive thirty (30) day periods provided that each extension shall be at the Designated Official. At the time of expiration of the Temporary Permit or Waiver, it shall be the responsibility of the applicant to remove the Banner or Sign. The application process for a temporary permit or waiver shall be governed by the same guidelines as set forth in Section 4.02 — Permit Requirements, herein. A permit for a Temporary Pole Sign may be issued for an initial period not to exceed one (1) year. An applicant may request one (1) additional renewal for a period up to one (1) year. Such renewal may, within the discretion of the Designated Official, be granted if the Sign is in good and sound condition and meets the requirements of this Article. Appeals of decisions of the Designated Official under this Section shall be allowed under Section 4.13 Meritorious Exceptions and Appeals. ORD 2015-23 Page 31 of 39 Town Council Minutes October 13, 2015 Page 205 of 213Town Council Page 211 of 282 Meeting Date: November 10, 2015 DR A F T Section 4.12 Non -Conforming Uses A. Any existing Sign that does not conform to the regulations stated herein shall be deemed a nonconforming sign and shall be subject to the provisions of Section 4.14 Maintenance of Signs of this Article. It is the declared purpose of this Section that nonconforming Signs and Signs directing attention to nonconforming uses eventually discontinue and the signage comply with the regulations stated herein, having due regard for the investment in such signs. B. The Designated Official, after ten (10) days written notice to the Owner of the premises on which the Sign is located, shall have the authority to remove any nonconforming sign which either: 1. Was not permanently affixed to the ground on the effective date of this Article, or 2. Was erected in violation of this Article or other Town Code in effect at the time of its erection. C. The Town Council may order nonconforming signs to be removed upon and subject to compliance with Chapter 216, Texas Local Government Code, as amended, provided that the Signs: 1. Are not permanently affixed to the ground on the effective date of this Article, 2. Were erected in conformity with this Article and/or other Town Codes in effect at the time of their erection, and 3. Remain in place after six (6) months from the effective date of this Article. D. An Owner of any lawfully existing nonconforming use or building may erect and maintain a Sign in accordance with the regulations contained herein. E. Moving, Relocating, or Altering of Signs No nonconforming sign shall be moved, altered, removed and reinstalled, or replaced unless it is brought into compliance with the requirements of this Article. F. Change in Use or Occupant of a Structure Any nonconforming sign may continue to be utilized as long as the occupancy within the structure remains the same. When a use changes from one occupancy category to another, or when there is a change in occupant, all signs serving that occupant, shall be brought into conformance with the provisions of this Article. ORD 2015-23 Page 32 of 39 Town Council Minutes October 13, 2015 Page 206 of 213Town Council Page 212 of 282 Meeting Date: November 10, 2015 DR A F T Section 4. 13 Meritorious Exceptions and Appeals A. In the development of these criteria, a primary objective has been ensuring against the kind of signage that has led to low visual quality. On the other hand, another primary objective has been the guarding against signage over -control. B. It is not the intention of these criteria to discourage innovation. It is entirely conceivable that signage proposals could be made that, while clearly nonconforming to this Article and thus not allowable under these criteria, have obvious merit in not only being appropriate to the particular site or location, but also in making a positive contribution, to the visual environment. Upon request of an interested party, the Town Council, upon recommendation by the Planning and Zoning Commission, shall hear consider a request for a meritorious exception under this Section. C. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provisions of this Article, the Town Council shall hear appeals with respect to any actions of the Designated Official in the interpretation and enforcement of this Article. Any such appeal shall be brought, by written application filed by an interested party, to the Designated Official within ten (10) days after the action of the Designated Official which is the subject of the appeal. Enforcement of this Article shall be stayed pending such appeal. In hearing such appeals, the Planning and Zoning Commission shall review the determination of the Designated Official and, in doing so, may consider whether or not the regulations and standards of this Article will, by reason of exceptional circumstances or surroundings, constitute a practical difficulty or unnecessary hardship. The Planning and Zoning Commission shall forward a recommendation to the Town Council, who shall act on the subject of the appeal. A decision of the Council shall be final. D. Unique signs that demonstrate increased quality and standards but do not meet the dimension standards provided in this section may be permitted by means of meritorious exception" as provided in Section 4.13 — Meritorious Exception and Appeals. Section 4.14 Maintenance of Signs A. Maintenance Each Sign allowed by this Article shall be maintained in a safe, presentable, and good condition, including the replacement of defective parts and other acts required for the maintenance of such sign, without altering the basic copy, design or structure of the sign. The Building Official shall require compliance or removal of any Sign determined by the Building Official to be in violation of this section in accordance with the enforcement provisions set forth below. ORD 2015-23 Page 33 of 39 Town Council Minutes October 13, 2015 Page 207 of 213Town Council Page 213 of 282 Meeting Date: November 10, 2015 DR A F T B. Dilapidated or Deteriorated Signs No person shall maintain or permit to be maintained on any premises owned or controlled by him or her any sign which is in a dilapidated or deteriorated condition as defined herein. Upon notice of violation, any such Sign shall be promptly removed or repaired by the owner of the Sign or the Owner of the premises upon which the sign is located in accordance with the enforcement provisions set forth below. Section 4.15 Violations A. A person shall be responsible for a violation of this Article if the person is: 1. The permit holder, owner, agent, or person(s) having the beneficial use of the sign, 2. The Owner of the land or structure on which the sign is located; or 3. The person in charge of erecting the sign. B. It shall be unlawful for any person to erect, replace, alter, or relocate any Sign within the Town of Trophy Club, or cause the same to be done, without first obtaining a permit to do so from the Building Official of the Town of Trophy Club, except as expressly allowed by by this Article. C. It shall be unlawful for any person to use, maintain, or otherwise allow the continued existence of any sign for which the required permit was not obtained. D. It shall be unlawful for any person to install, construct, or display a prohibited sign, as defined herein, or any sign in violation of the provisions of this Article within the Town of Trophy Club or its extraterritorial jurisdiction. E. It shall be unlawful for any person to intentionally, knowingly or recklessly violate any term or provision of this Article. Section 4.16 Enforcement A. Authority The Designated Official is hereby authorized to order the repair or removal of any dilapidated, deteriorated, abandoned, illegal or prohibited signs from property within the corporate Town limits of Trophy Club or its extraterritorial jurisdiction, in accordance with the enforcement mechanisms set forth in this section. ORD 2015-23 Page 34 of 39 Town Council Minutes October 13, 2015 Page 208 of 213Town Council Page 214 of 282 Meeting Date: November 10, 2015 DR A F T B. Notice of Violation When the Designated Official determines that a Sign located within the corporate Town limits or extraterritorial jurisdiction of Trophy Club is dilapidated, deteriorated, illegal, prohibited or abandoned, he shall issue a notice of violation to the Owner of the Sign or to the owner, occupant, or person in control of the property on which the sign is located. 1. Contents of Notice of Violation: The notice of violation shall contain: a. Name of the owner, occupant, manager or other person in control of the property. b. Street address sufficient to identify the property on which the alleged violation occurred. c. Description of alleged violations and reference to the provisions of this Article that have been violated. d. Statement of the action required to correct the violation and a deadline for completing the corrective action. e. Statement that failure to take the corrective action within the time specified may result in one or both of the following consequences.- i. onsequences: i. A criminal penalty not exceeding the maximum amount allowed by law for each violation, ii. The Town filing a civil action against owner seeking injunctive relief and/or civil penalties up to One Thousand Dollars ($1,000) per day for each violation. f. Statement informing recipient of their right to appeal the decision of the Designated Official. 2. Service of Notice of Violation The Designated Official shall serve a written notice of violation on the Owner of the sign, or the Owner, occupant, or person in control of the property on which the sign is located. The notice of violation should be served by either hand - delivery or by certified mail, return receipt requested. Service by certified mail shall be effective three (3) days after the date of mailing. ORD 2015-23 Page 35 of 39 Town Council Minutes October 13, 2015 Page 209 of 213Town Council Page 215 of 282 Meeting Date: November 10, 2015 DR A F T Section 4.17 Enforcement Remedies A. Criminal Penalties Any person, firm or corporation violating any of the provisions or terms of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, be subject to a fine not exceeding Two Thousand Dollars ($2,000) for each offense, and each and every day or portion thereof that such violation shall continue shall constitute a separate offense. B. Civil Remedies The Town may file a civil action in State District Court to enforce the requirements of this Article, seeking injunctive relief and/or civil penalties up to One Thousand Dollars ($1,000) per day for each offense as authorized by the Texas Local Government Code, as amended, or any other applicable law. C. Emergency Removal of Sign The Town may remove a Sign, immediate and imminent threat to deteriorated or structural condition. D. Remedies Cumulative which the Designated Official finds to be an the public safety because of its dilapidated, All remedies authorized under this Article are cumulative of all others unless otherwise expressly provided. Accordingly, the filing of a criminal action shall not preclude the pursuit of a civil or administrative action for violation of this Article nor shall the filing of a civil action preclude the pursuit of any other action or remedy, administrative or criminal." Section 4.18 Prohibition A. All signs not specifically authorized by this Article shall be prohibited. The following list is illustrative and is not intended to be an exhaustive listing of prohibited signs: 1. Obsolete Signs No person shall erect or allow to be displayed upon premises owned or controlled by them, an obsolete sign. 2. Obstructing Signs No person shall erect or allow to be displayed upon premises owned or controlled by them, a sign that prevents free ingress to or egress from any door, window or fire escape. ORD 2015-23 Page 36 of 39 Town Council Minutes October 13, 2015 Page 210 of 213Town Council Page 216 of 282 Meeting Date: November 10, 2015 DR A F T 3. Signs displaying materials determined to be obscene by a court of law. 4. Signs placed in any location which by reason of their location will obstruct the view of any authorized traffic sign, signal, or other traffic control device by vehicular or pedestrian traffic. No sign shall be erected which, by reason of shape, color, size, design or position, would be reasonably likely to create confusion with, to be confused as, or to interfere with any traffic signal or device which is authorized by the appropriate state or local governmental authorities. Further, no sign shall be placed in a location that will obstruct vision of a vehicle operator while entering, exiting, or traveling upon the public right-of-way, including without limitation, a Vision Triangle. 5. Signs placed so as to prevent or inhibit free ingress to or egress from any door, window, or any exit way required by the Building Code of the Town of Trophy Club or by Fire Department regulations. 6. A -frame and sandwich board signs. 7. Signs located on public property, including but not limited to signs attached to any public utility pole or structure, street light, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, or other location on public property. 8. Roof Signs. 9. Signs attached to a standpipe or fire escape. 10. Bandit Signs 11. Awning Signs 12. Fence Signs 13. Flashing Signs 14. Off -Premise (except as expressly allowed in this Article) 15. Projecting Signs 16. No person shall attach any sign, paper or other material, or paint, stencil or write any name, number (except house numbers) or otherwise mark on any sidewalk, curb, gutter, street, utility pole, public building, or structure except as otherwise allowed by this Article." ORD 2015-23 Page 37 of 39 Town Council Minutes October 13, 2015 Page 211 of 213Town Council Page 217 of 282 Meeting Date: November 10, 2015 DR A F T 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. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved as to any and all violations of the provisions of any Ordinances that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person -violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand 2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. The penalty provided herein shall be cumulative of all other remedies available for enforcement of the provisions of this Ordinance. ORD 2015-23 Page 38 of 39 Town Council Minutes October 13, 2015 Page 212 of 213Town Council Page 218 of 282 Meeting Date: November 10, 2015 DR A F T SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter SECTION 9. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 13th day of October, 2015. z_ C. Nick Sanders, Mayor Town of Trophy Club, Texas SEAL] ATTEST: y I , r Q < FTolly Fimbrds, Town Secretary' Town of Trophy Club, Texas APPROVED AS TO FORM: r WC I Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2015-23 Page 39 of 39 Town Council Minutes October 13, 2015 Page 213 of 213Town Council Page 219 of 282 Meeting Date: November 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0721-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:10/30/2015 Town Council On agenda:Final action:11/10/2015 Title:Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and Blue Emergency Services Team Emergency Medical Services (BEST EMS) for Medical Director for operations in Emergency Medical Services; and authorizing the Mayor or his designee to execute all necessary documents. Attachments:Staff Report - Medical Director Agreement.pdf Fire Department EMS Medical Director Agreement.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and Blue Emergency Services Team Emergency Medical Services (BEST EMS) for Medical Director for operations in Emergency Medical Services; and authorizing the Mayor or his designee to execute all necessary documents. Town Council Page 220 of 282 Meeting Date: November 10, 2015 To: Mayor and Town Council From: Danny Thomas, Fire Chief CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Medical Director Agreement Town Council Meeting, November 10, 2015 Agenda Item: Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and Blue Emergency Services Team Emergency Medical Services (BEST EMS) for Medical Director for operations in Emergency Medical Services; and authorizing the Mayor or his designee to execute all necessary documents. Explanation: This Agreement is for Medical control and direction. It is the mission of BEST EMS Medical Control to provide quality medical direction and facilitate superior emergency medical care and transportation for the citizens of our community. Attachments: • Fire Department EMS Medical Director Agreement Recommendation: Staff recommends Council approve this Agreement for Medical Control and Direction using the services of BEST EMS. Budget impact: Impact of $12,750; this funding is programmed in the EMS budget, medical Control for FY 2015 -2016. Page 1 of 1 Town Council Page 221 of 282 Meeting Date: November 10, 2015 MEDICAL DIRECTOR AGREEMENT Town of Trophy Club Fire Department EMS Medical Director Agreement 10/01/2015 Confidential and Proprietary THIS AGREEMENT is made between the Town of Trophy Club (“Agency”) and BEST EMS (the “Company”) set out on the signature page of this Agreement. This Agreement is effective as of October 1, 2015 (“Effective Date”). WHEREAS, the Company employs or contracts with physicians who are duly qualified and licensed to practice medicine in the state and has approved one of its physicians to act as a medical director for the Agency; WHEREAS, the Company’s physician has expertise in the field of medicine, emergency medical services, emergency medical services oversight and administration; WHEREAS, Agency provides emergency medical services (“EMS”), non-emergency medical services, mobile healthcare and other related services and desires to obtain the services of a medical director; WHEREAS, the Company is willing to provide the services of a medical director to Agency for its operations in Emergency Medical Services; NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties incorporate the above recitals and agree as follows: 1. Company Services. The Company shall provide a physician to serve as the Medical Director (“Medical Director”) for Agency. As of the Effective Date, the Medical Director will be Justin Northeim, D.O. Company will have the right, however, to appoint any other physician as the Medical Director in place of Justin Northeim, D.O. in the event Justin Northeim, D.O. leaves the Company or otherwise ceases to serve as Medical Director. The physician at any time serving as the Medical Director must be reasonably acceptable to Agency and must meet the following requirements who will fulfill the following services to Agency: a. Provide comprehensive medical oversight (direct and indirect) for clinical services delivered by Agency’s personnel. Medical Director shall participate in the implementation of clinically sound, evidence-based expectations for the system; b. Provide medical oversight and guidance for Agency’s quality leadership activities through serving as a liaison between Agency and the local medical community, collaborating with local designated quality organizations and/or committees to define quality standards, identify metrics, review performance data, identify opportunities for improvement, test new processes, and ultimately to adopt best practices. c. Review quality improvement and performance reports, provided by Agency and identify opportunities for improvement in patient care or system design and collaborate with all appropriate entities to develop an improvement program.; d. Review recorded medical oversight, control or direction conversations (if available) to assure appropriate clinical care and decision making by all entities. e. Review and respond to requests to review high priority clinical cases within twenty-four (24) hours of being notified; f. Make or direct the making of such reports and records relating to patient care as may be required by Agency and/or regulatory bodies, whether public or private; g. Develop criteria for establishment and maintenance of credentials for Agency’s emergency medical services personnel; h. Direct, coordinate, and/or participate in initial, ongoing and remedial education of emergency medical services personnel in accordance with Agency’s policies; i. Instruct and inform Agency management and governmental boards or agencies to summarily limit, suspend, or withdraw clinical credentials of personnel; j. Advise and assist in the organization in implementation of an effective utilization review program for Agency and perform utilization review services; k. Assist in the design and development of protocols, guidelines, patient information forms, medical record forms, and consent forms for use in the field or for Agency purposes; l. Undertake activities, as reasonably requested by Agency, including but not limited to professional contacts with physicians, healthcare systems, public health agencies, health plans paramedic associations, nursing associations, governmental agencies, and state and local medical societies in order to apprise such individuals and groups of the nature and availability of facilities and services of Agency Town Council Page 222 of 282 Meeting Date: November 10, 2015 Town of Trophy Club Fire Department EMS Medical Director Agreement 10/01/2015 Confidential and Proprietary 2 and facilitate the exchange of information on patient care, administration, medical policy, and utilization review; m. Actively participate in the professional development of all staff in Agency and collaborate in communicating medical competency and expertise to the medical community and general public. Give technical advice and assistance as may be requested to facilitate the evaluation, acquisition, implementation and utilization of medical equipment, expansion of Agency services, as well as general strategic planning and collaborative efforts with other healthcare systems; n. Authorize, supervise and approve the purchase of necessary medications for pre- hospital use by Agency in accordance with the full scope of practice. Company acknowledges and agrees that controlled medications are specifically included within the definition of medications covered by this agreement and Medical Director will be responsible for approving all local implementation plans for the ordering, distribution and handling of controlled substances (to include oversight and sign-off on all controlled substance records and logs in a timely manner) consistent with local, state & federal requirements. Medical Director shall maintain all appropriate state and federal permits, registrations or licenses necessary to prescribe controlled substances; o. Fulfill all Medical Director Functions including protocol development, education and performance review associated with the operation of any Agency communications centers within the area; p. Fulfill all Medical Director Functions associated with the operation of any Agency Inter-facility, Specialty, Mobile Integrated Healthcare or Critical Care Transport operations; q. Perform any other functions associated with the role of a medical director as may be requested by Agency; r. Participate in all required activities associated with local and/or national accreditation processes; s. Participate in sanctioned appropriately research activities. 2. Time Commitment. The Medical Director shall be expected to be available to provide the above duties. The Company shall establish appropriate contact information to assure 24/7 availability of physician consultation (including designation of specific hospital based physicians or designated base-station contacts authorized to provide direct medical control). 3. Compensation. As payment for the services rendered by Company and Medical Director, Agency shall pay to Company the amount $4,950.00 annually, paid by quarterly payments in the amount of $1,237.50, due the 1st of October, January, April and July. Agency will make payment to Company within thirty (30) days of receipt of invoice. Payment should be made payable to BEST EMS and mailed to BEST EMS, Attn: Nestor Zenarosa, 13737 Noel Rd., Suite 1600, Dallas, TX 75240. 4. Term. The term of this Agreement shall commence on the Effective Date and shall be for two (2) years. This Agreement shall automatically renew for subsequent one-year periods thereafter, subject to the termination rights herein. All subsequent renewals shall be re- evaluated annually for consideration of revisions to the compensation and/or terms herein. The initial term and all renewal periods shall be cumulatively referred to as the “Term”. 5. Termination. This agreement may be terminated prior to the expiration of its Term as follows: a. Immediately by Agency upon the suspension, revocation or restriction of Medical Director’s license to practice medicine or dispense medications unless Company provides a replacement Medical Director, with Agency’s approval; b. Immediately by Agency if it determines in its reasonable discretion that continued provision of services by the Company and/or Medical Director will jeopardize health or safety; or c. With or without cause by either party by providing written notice of intent to terminate. Such termination shall become effective and the agreement shall be terminated in its entirety on the 30th calendar day following receipt of the written notice of terms herein described. 6. Relationship. In the performance of services under this Agreement, Company, Medical Director and Agency shall at all times be acting and performing as independent contractors. Nothing contained herein shall be deemed or construed to create any agency, partnership, joint venture, or employer-employee relationship between Company, Medical Director and/or Agency. Agency shall not have direct supervision Town Council Page 223 of 282 Meeting Date: November 10, 2015 Town of Trophy Club Fire Department EMS Medical Director Agreement 10/01/2015 Confidential and Proprietary 3 over the manner in which Medical Director performs medical direction services pursuant to this Agreement. Agency shall not be responsible for the payment of any applicable taxes or withholdings related to Company’s or Medical Director’s services. Agency and Company agree that all services provided hereunder shall be provided in accordance with the terms and conditions of standard medical protocols in the state where the services are provided. 7. Right to Engage in Other Activities. Except where a conflict of interest may exist (e.g., working for a competitor of Agency or working for a governmental agency involved in oversight of the designated Agency emergency medical services), nothing contained herein shall be deemed to restrict or prevent Company or Medical Director from engaging in consultation services or in any other business at such times, places, and in such manner as Company shall determine in its discretion during the Term of this Agreement and thereafter so long as Company is able to carry out the provisions of this Agreement. 8. Standard of Care. Medical Director shall render services in compliance with the accepted medical standard of care in the community and profession. 9. Compliance with Laws. The parties will comply in all material respects with all applicable federal and state laws and regulations including, the federal Anti-kickback statute. Company and Medical Director shall also maintain all licenses, certifications or accreditations necessary to provide Services hereunder. 10. Maintenance of Records. As applicable, each party will retain books and records respecting services rendered to patients for the time periods required under all applicable laws (including the requirements of the Secretary of Health and Human Services (“HHS”)) and allow access to such books and records by duly authorized agents of the Secretary of HHS, the Comptroller General and others to the extent required by law. Run reports and patient care records shall be maintained in accordance with the requirements of Agency and Company and shall be treated as confidential so as to comply with all federal and state laws and regulations regarding the confidentiality of patient records. Each of the parties shall have the right to obtain copies of relevant portions of patient records maintained by the other party to the extent necessary to defend against legal actions taken against such party or its physicians or employees involved in the care of a patient. 11. Insurance. Company’s professional liability insurance covers Medical Director for services that are provided under this Agreement. 12. Indemnity. Each party will indemnify and hold the other harmless from and against liability claims resulting from or alleged to result from any negligence or willful misconduct. 13. HIPAA. Each party shall comply with the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 and the regulations thereunder (“HIPAA”), and with such other requirements of HIPAA that may become effective during the Term. All patient medical records shall be treated as confidential so as to comply with all state and federal laws. The parties shall execute the Business Associate Agreement attached as Exhibit “A”. 14. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by overnight courier, upon written verification of receipt; (c) by facsimile transmission, upon acknowledgment of receipt of electronic transmission; or (d) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the following addresses: If to Agency: Town of Trophy Club Attn: C. Nick Sanders, Mayor 100 Municipal Dr. Trophy Club, TX 76262 If to Company: BEST EMS Attn: Nestor Zenarosa, M.D. 13737 Noel Rd, Suite 1600 Dallas, TX 75240 With Mandatory Copy to: Legal Department Envision Healthcare Corporation 6200 South Syracuse Way, Suite 200 Greenwood Village, Colorado 80111 15. Confidentiality. All information with respect to the operations and business of a party (including the rates charged hereunder) and any other information considered to be and treated as confidential by that party gained during the negotiation or Term of this Agreement will be held in confidence by the other party and will not be divulged to any unauthorized person without Town Council Page 224 of 282 Meeting Date: November 10, 2015 Town of Trophy Club Fire Department EMS Medical Director Agreement 10/01/2015 Confidential and Proprietary 4 prior written consent of the other party, except for access required by law, regulation and third party reimbursement agreements. 16. Non-Exclusion. Each party represents and certifies that neither it nor any practitioner who orders or provide Services on its behalf hereunder has been convicted of any conduct that constitutes grounds for mandatory exclusion as identified in 42 U.S.C.§ 1320a-7(a). Each party further represents and certifies that it is not ineligible to participate in Federal health care programs or in any other state or federal government payment program. Each party agrees that if DHHS/OIG excludes it, or any of its practitioners or employees who order or provide Services, from participation in Federal health care programs, the party must notify the other party within five (5) days of knowledge of such fact, and the other party may immediately terminate this Agreement, unless the excluded party is a practitioner or employee who immediately discontinues ordering or providing Services hereunder. 17. Miscellaneous. This Agreement (including the Schedules hereto): (a) constitutes the entire agreement between the parties with respect to the subject matter hereof, superseding all prior oral or written agreements with respect thereto; (b) may be amended only by written instrument executed by both parties; (c) may not be assigned by either party without the written consent of the other party, such consent not to be unreasonably withheld; (d) shall be binding on and inure to the benefit of the parties hereto and their respective successors and permitted assigns; (e) shall be interpreted and enforced in accordance with the laws of the state where the services are rendered, without regard to the conflict of laws provisions thereof, and the federal laws of the United States applicable therein; (f) this Agreement may be executed in several counterparts (including by facsimile), each of which shall constitute an original and all of which, when taken together, shall constitute one agreement; and (g) this Agreement shall not be effective until executed by both parties. In the event of a disagreement between this Agreement and any Schedule hereto, the terms of this Agreement shall govern. IN WITNESS WHEREOF, the parties have hereto executed this Agreement. TOWN OF TROPHY CLUB By:________________________________________ C. Nick Sanders, Mayor Date: ______________________________________ BEST EMS By:________________________________________ Nestor Zenarosa, M.D., Attorney in Fact Date: ______________________________________ Town Council Page 225 of 282 Meeting Date: November 10, 2015 BUSINESS ASSOCIATE AGREEMENT Town of Trophy Club Fire Department Business Associate Agreement 10/01/2015 5 THIS AGREEMENT is made between Town of Trophy Club (“Covered Entity”) and the BEST EMS (the “Business Associate”). This Agreement is entered into effective October 1, 2015. BACKGROUND Covered Entity and Business Associate have entered into a medical director agreement (“Services Agreement”) dated October 1, 2015 pursuant to which Business Associate arranges for the provision of services to Covered Entity. This Business Associate Agreement is intended as a supplement to the Services Agreement for the purpose of meeting the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) for the treatment of Protected Health Information, as defined herein, that may be disclosed by Covered Entity to Business Associate. 1. Definitions Terms used, but not otherwise defined, in this Agreement shall have the same meaning as given those terms in 45 CFR 160 and 164 HIPAA Regulations; a the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 and its implementing regulations. “Business Associate” is a person or entity that arranges, performs, or assists in performing services on behalf of Covered Entity and creates, receives, maintains, or transmits protected health information for a function or activity regulated under 45 CFR 160 and 164 HIPAA Regulations and HITECH and its implementing regulations including any services defined under 45 CFR 160.103 as amended; “Protected Health Information” (“PHI”) means information that is: (i) created or received by a Health Care Provider, Health Plan, employer, or Health Care Clearinghouse; (ii) relates to the past, present, or future physical or mental health or condition of an individual; the provision of Health Care to an individual; or the past, present, or future Payment for the provision of Health Care to an individual; (iii) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. 2. Obligations and Activities of Business Associate (a) Business Associate agrees not to use or disclose PHI other than as permitted or required by this Agreement or as Required by Law. In addition, the uses, disclosures or requests for PHI described herein shall be, to the extent practicable, limited to a Limited Data Set or the minimum necessary to accomplish the intended purpose of such use, disclosure or request. Further, Business Associate shall not use or disclose PHI in any manner that would constitute a violation of the HIPAA regulations or the HITECH Act if so used by Covered Entity. (b) Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the PHI other than as provided for by this Agreement. (c) Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement. (d) Business Associate agrees to report to Covered Entity any use or disclosure of the PHI not provided for by this Agreement of which it becomes aware. (e) Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received from, or created or received by Business Associate on behalf of Covered Entity, agrees in writing to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. (f) Business Associate agrees to provide access, within 10 (ten) days, to PHI in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 CFR 164.524. (g) Within ten (10) days of a request from Covered Entity, Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR 164.526 at the request of Covered Entity or an Individual., . (h) Business Associate agrees to make internal practices, books, and records, including policies and procedures and PHI, relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of, Covered Entity available to the Covered Entity, or to the Secretary, in a timely manner or as designated by the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule. (i) Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR 164.528. (j) Business Associate agrees to provide to Covered Entity or an Individual, within ten (10) days of a request, information collected in accordance with Section 2 (i) of this Agreement, to permit Covered Entity to respond Town Council Page 226 of 282 Meeting Date: November 10, 2015 BUSINESS ASSOCIATE AGREEMENT Town of Trophy Club Fire Department Business Associate Agreement 10/01/2015 6 to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR 164.528. (k) Business Associate agrees to establish and maintain appropriate administrative, physical and technical safeguards that reasonably and appropriately protected the confidentiality, integrity and availability of electronic PHI. Business Associate will follow generally accepted system security principles and the requirements of the final HIPAA rule pertaining to the security of health information (“the Security Rule”, published at 45 CFR Parts 160 – 164), and be in compliance with all requirements of the HITECH Act related to security and applicable as if Business Associate were a “covered entity,” as such term is defined in HIPAA. (l) Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides electronic PHI agrees, in writing, to implement reasonable and appropriate safeguards to protect that information. (m) Business Associate agrees to report any security breach of which it becomes aware to Covered Entity without unreasonable delay, but no later than 30 days after discovery of the breach. For purposes of this agreement, a “security breach” means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations. Further, this includes a breach of unsecured PHI as defined by the implementing regulations of the HITECH Act as of their effective date.. This does not include trivial security incidents that occur on a daily basis, such as scans, “pings”, or unsuccessful attempts to penetrate computer networks or servers maintained by Business Associate. 3. Prohibited Use and Disclosure (a) Except as otherwise described herein, the Business Associate agrees not to use or disclose any patient information for any purpose other than a purpose expressly approved by Covered Entity. The Business Associate understands that it is not authorized to disclose any information related to patient information to anyone outside Covered Entity, unless otherwise expressly approved by Covered Entity. Business Associate shall not receive any direct or indirect remuneration for PHI except as would be permitted by this Agreement and 45 CFR 160 and 164 HIPAA Regulations and HITECH and its implementing regulations. Business Associate understands it is subject to all civil and criminal penalties for violations of the Privacy Rule and Security Rule. 4. Specific Use and Disclosure Provisions (a) Except as otherwise limited in this Agreement, Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. (b) Except as otherwise limited in this Agreement, Business Associate may disclose PHI for the proper management and administration of the Business Associate, provided that disclosures are required by law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. (c) Except as otherwise limited in this Agreement, Business Associate may use PHI to provide Data Aggregation services to Covered Entity as permitted by 42 CFR 164.504(e)(2)(i)(B). (d) Business Associate may use PHI to report violations of law to appropriate Federal and State authorities consistent with § 164.502(j) (1) and 164.504(e). 5. Obligations of Covered Entity (a) Covered Entity shall notify Business Associate of any limitations in its notice of privacy practices of Covered Entity in accordance with 45 CFR 164.520, to the extent that such limitation may affect Business Associate’s use or disclosure of PHI. (b) Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by Individual to use or disclose PHI, to the extent that such changes may affect Business Associate's use or disclosure of PHI. (c) Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR 164.522 to the extent that such restriction may affect Business Associate’s use or disclosure of PHI. 6. Permissible Requests by Covered Entity Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity, except in connection with Data Aggregation or management and administrative activities of Business Associate otherwise permitted under this Agreement. 7. Term and Termination (a) Term. This Agreement shall be effective as of the date first written above and shall Town Council Page 227 of 282 Meeting Date: November 10, 2015 BUSINESS ASSOCIATE AGREEMENT Town of Trophy Club Fire Department Business Associate Agreement 10/01/2015 7 terminate only upon termination of the agreed upon Services Agreement. (b) Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall provide an opportunity for Business Associate to cure the breach or end the violation. Covered Entity may terminate this Agreement and the Services Agreement if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity. If Business Associate has breached a material term of this Agreement and cure is not possible, Covered Entity may immediately terminate this Agreement and the Services Agreement. 8. Effect of Termination (a) Except as provided in paragraph (2) of this section, upon termination of this Agreement, for any reason, Business Associate shall return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHI. (b) In the event that Business Associate determines that returning or destroying the PHI is not feasible, Business Associate shall provide to Covered Entity notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Parties that return or destruction of PHI is infeasible, Business Associate shall extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction, for so long as Business Associate maintains such PHI. 9. Miscellaneous (a) Regulatory References. A reference in this Agreement to a section in the Privacy Rule or Security Rule means the section as in effect or as amended. (b) Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule, Security Rule and the Health Insurance Portability and Accountability Act, Public Law 104-191. (c) Survival. The respective rights and obligations of Business Associate under Section 8 of this Agreement shall survive the termination of this Agreement. (d) Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits Covered Entity to comply with the Privacy Rule or Security Rule. IN WITNESS WHEREOF, the Covered Entity and Business Associate have executed this Agreement effective as of the day and year first above written. “Covered Entity” By: ___________________________________________ Print Name:_____________________________________ Print Title:______________________________________ Date: _________________________________________ “Business Associate” By: ___________________________________________ Print Name: Nestor Zenarosa, M.D. Print Title: Attorney in Fact Date: _________________________________________ Town Council Page 228 of 282 Meeting Date: November 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0740-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:11/3/2015 Town Council On agenda:Final action:11/10/2015 Title:Consider and take appropriate action regarding a Resolution to evidence the adoption of the Town of Trophy Club’s Hazardous Mitigation Action Plan (HMAP); and providing an effective date. Attachments:Staff Report - HMAP Resolution.pdf RES 2015-35 - Adopting Hazard Mitigation Action Plan.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution to evidence the adoption of the Town of Trophy Club’s Hazardous Mitigation Action Plan (HMAP); and providing an effective date. Town Council Page 229 of 282 Meeting Date: November 10, 2015 To: Mayor and Town Council From: Pat Cooke, Town Infrastructure and Community Development Manager CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Hazardous Mitigation Plan Implementation Town Council Meeting, November 10, 2015 Agenda Item: Consider and take appropriate action regarding a Resolution to evidence the adoption of the Town of Trophy Club’s Hazardous Mitigation Action Plan (HMAP); and providing an effective date. Explanation: Council previously took action and approved this item at their October 13, 2015 meeting. Per Town’s consultants at Freese & Nichols, the Texas Department of Emergency Management is additionally requiring that the Town adopt a resolution for the HMAP to comply completely with their regulations. Attachments: • Resolution 2015-35 Recommendation: Staff recommends approval of Resolution 2015-35. Town Council Page 230 of 282 Meeting Date: November 10, 2015 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2015-35 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING A HAZARD MITIGATION ACTION PLAN FOR THE TOWN OF TROPHY CLUB, TEXAS AND TO AUTHORIZE THE MAYOR OR HIS DESIGNEE TO TRANSMIT THIS RESOLUTION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY. WHEREAS, the Federal Emergency Management Agency (“FEMA”) has mandated that all towns have a FEMA-approved Hazard Mitigation Action Plan (“HMAP”), which HMAP is intended to identify natural hazards to which a town has been, or may be, exposed and to develop mitigation actions to counter the impacts of such hazards; and WHEREAS, in 2012, the Town of Trophy Club, Texas (“Town”), applied to the Hazard Mitigation Grant Program for a grant to prepare a HMAP and was awarded a grant to prepare a HMAP; and WHEREAS, the Town, utilizing funding received from the Hazard Mitigation Grant Program, as well as funding from the Town’s Storm Water Utility Fund, retained Freese and Nichols, Inc., to assist the Town in the coordination and development of a HMAP; and WHEREAS, Freese and Nichols prepared a HMAP for the Town, after following all required plan preparation steps as set forth in 44 CFR 201.6(c), which included establishing a hazard mitigation planning team, identifying natural hazards that could impact the Town, conducting public meetings, identifying Town assets that could be impacted by selected natural hazards, developing a mitigation strategy, and completing a draft HMAP; and WHEREAS, the draft HMAP was made available for public review, revised by the hazard mitigation planning team and presented to the Town Council for review and comment at a public hearing held on August 19, 2013; and WHEREAS, the draft HMAP was submitted to the Texas Department of Emer gency Management, which approved the HMAP, and submitted to FEMA, which approved the HMAP pending the formal adoption of the HMAP by the Town; and WHEREAS, the Town desires to formally and officially adopt the draft HMAP plan as the Town’s HMAP. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council Page 231 of 282 Meeting Date: November 10, 2015 Section 1. The document entitled “Hazard Mitigation Action Plan for the Town of Trophy Club, November 2015” prepared for the Town by Freese and Nichols, Inc., which plan is attached hereto, is hereby adopted as the HMAP for the Town. Section 2. The Mayor, or his designee, of the Town of Trophy Club is hereby authorized to transit this Resolution adopting the Town’s HMAP to FEMA, as well as to execute, on behalf of the Town Council of the Town of Trophy Club, Texas, any documents required to evidence the Town’s approval of the Town’s HMAP. Section 3. This Resolution shall become effective immediately upon its passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 10th of November, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: [SEAL] Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas RES 2015-35 Page 2 of 2 Town Council Page 232 of 282 Meeting Date: November 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0722-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/30/2015 Town Council On agenda:Final action:11/10/2015 Title:Consider and take appropriate action regarding a Resolution adopting a policy authorizing the Mayor to direct that the United States flag be lowered to half-staff at designated times; and providing an effective date. Attachments:RES 2015-38 - Proposed Flag Lowering Policy.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution adopting a policy authorizing the Mayor to direct that the United States flag be lowered to half-staff at designated times; and providing an effective date. Town Council Page 233 of 282 Meeting Date: November 10, 2015 TOWN OF TROPHY CLUB RESOLUTION 2015-38 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING A POLICY AUTHORIZING THE MAYOR TO DIRECT THAT THE UNITED STATES FLAG BE LOWERED TO HALF-STAFF AT DESIGNATED TIMES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town identifies that lowering the Flag of the United States is intended to be a visible public symbol of respect for heroic services and sacrifice of Military Personal, Police Officers, Fire Fighters, and Public Officials upon their death, and at times of National, State, or Local tragedies; and WHEREAS, the Flag Code provides that the President of the United States or the Governor of the State of Texas has the authority to direct when the flag is lowered to Half-Staff, the Flag Code serves as a “Guide Only” with no penalty or enforcement provisions; and WHEREAS, the Town Council notes that within the Congressional Research Service – Report to Congress January 24, 2011, Relating to the Display of the United States Flag states “. . . different interpretations of various provisions of the Code may continue to be made; and WHEREAS, the Flag Code itself suggests a general rule by which practices involving the flag may be fairly test ed and provides that no disrespect should be shown to the flag of the United States of America, it further provides that actions not specifically included in the code “may be deemed acceptable” as long as “proper respect is shown”; and WHEREAS, the “Flag Protection Act of 1989 was struck down as Unconstitutional by the Supreme Court of the United States [SCOTUS] on June 11, 1990 permitting less than respectful treatment of the U.S. Flag in direct contradiction to the U.S. Flag Code and based on the SCOTUS ruling “Respectful” treatment of the United States Flag must certainly also be a permitted and protected right; and WHEREAS, the Council has determined it appropriate to adopt this Resolution providing a policy for local control of the United States flag, consistent with the intent of the Flag Code. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Mayor shall have the authority to direct that the United States Flag, and as required by the Flag Code, the Texas Flag and any local government flags, Town Council Page 234 of 282 Meeting Date: November 10, 2015 RES 2015-38 Page 2 of 4 be lowered to half- staff in accordance with the policy set forth on Exhibit “A”, a copy of which is attached hereto and incorporated herein. Section 2. This Resolution shall become effective upon its adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 10th day of November, 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 Town Council Page 235 of 282 Meeting Date: November 10, 2015 RES 2015-38 Page 3 of 4 Exhibit “A” Town of Trophy Club Lowering Flags to Half-Staff Rationale: Lowering the flag of the United States to half-staff is intended to be a visible public symbol of respect for heroic service and sacrifice of Military Personal, Police Officers, Fire Fighters, Public Officials upon their death, and at times of National, State, or Local tragedies. While the Flag Code does provide that the President of the United States or the Governor of the State of Texas normally directs when the flag is lowered to Half- Staff, the Flag Code serves as a “Guide Only” with no penalty or enfor cement provisions. The Congressional Research Service – Report to Congress January 24, 2011, Relating to the Display of the United States Flag states “. . . different interpretations of various provisions of the Code may continue to be made. The Flag Code itself, however, suggests a general rule by which practices involving the flag may be fairly tested: “No disrespect should be showed to the flag of the United States of America. “Therefore, actions not specifically included in the code “may be deemed acceptable” as long as “proper respect is shown”. In addition the “Flag Protection Act of 1989 was struck down as Unconstitutional by the Supreme Court of the United States [SCOTUS] on June 11, 1990 protected disrespectful treatment of the U.S. Flag, under the 1st Amendment of the U.S. Constitution, in direct contradiction to the U.S. Flag Code. Based on the SCOTUS ruling “Respectful” treatment of the United States Flag must certainly be afforded the same Constitutional protections. Policy: It is therefore fitting and within the scope of a visible and public symbol of respect for the heroic service and sacrifice of Local Active Military Personal, Police Officers, Fire Fighters, Public Officials upon their death in the line of duty, or at times of National, State, or Local tragedies, that the Mayor of Trophy Club be granted the authority to instruct the Town Staff to lower the United States flag, Texas flag and Town flags to half-staff should he/she determine such a Respectful tribute meets the guidelines below, or as directed by the President of the United States or the Governor of Texas**. THOSE FOR WHOM THE FLAG SHOULD BE LOWERED TO HALF-STAFF (Sunrise until Sunset day of funeral)  Members of the Armed Forces - Funeral held in Trophy Club  Members of the Trophy Club Police Department "in the line of duty"  Members of the Trophy Club Fire Department "in the line of duty"  Members of the Current Town Council – Mayor or Councilpersons Town Council Page 236 of 282 Meeting Date: November 10, 2015 RES 2015-38 Page 4 of 4 NATIONAL – STATE – LOCAL TRAGEDY (Sunrise of day following the event, continuing until Sunset of the 5th day following the event)  For which no Federal or State proclamation is issued but is deemed worthy by the Mayor of Trophy Club; or  At the request of the Trophy Club Police or Fire Chief **CURRENT NATIONAL HOLIDAYS (May be revised by Federal or State Proclamation for Holiday or Event)  Peace Officers Memorial Day, May 15th (Sunrise until Sunset)  Memorial Day, last Monday in May (Sunrise until NOON)  Patriot Day, September 11 (Sunrise until Sunset)  National Firefighters Memorial Day (Sunrise until Sunset)  Pearl Harbor Remembrance Day, December 7th (Sunrise to Sunset) Town Council Page 237 of 282 Meeting Date: November 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0723-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/30/2015 Town Council On agenda:Final action:11/10/2015 Title:Consider and take appropriate action regarding a Resolution of the Town Council casting it's twenty- two (22) allocated votes for a person or persons to serve as a member of the Denton Central Appraisal District Board of Directors; and providing an effective date. Attachments:Denton Central Appraisal District Letter.pdf RES 2015-36 - DCAD Board Votes.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution of the Town Council casting it's twenty-two (22) allocated votes for a person or persons to serve as a member of the Denton Central Appraisal District Board of Directors; and providing an effective date. Town Council Page 238 of 282 Meeting Date: November 10, 2015 TO : DENTON CENTRAL APPRAISAL D1sTRICT 3911 MORSE STREET, p 0 Box 2816 All Taxing Jurisdictions DENTON, TEXAS 76202-2816 MEMO ~CETVED OCT 2 6 2015 BY: HF FROM : Rudy Durham, Chief Appraiser DATE: October 23, 2015 SUBJECT: Candidates to Board of Directors of Denton Central Appraisal District Candidates to the Denton Central Appraisal District Board of Directors are listed below. The list is in alphabetical order by last name. Each voting unit must cast its vote by written resolution and submit it to the Chief Appraiser before December 15th. The unit may cast all its votes for one candidate or may distribute the votes among any number of candidates . When a voting unit casts its votes , it must cast the votes for a person that was nominated and is named on the ballot. There is no provision for write-in candidates. The Tax Code does not permit the Chief Appraiser to count votes cast for someone not listed on the official ballot. The five nominees receiving the most votes will become the Board of Directors . The candidates nominated by the taxing jurisdictions are: (Please note Asterisk below) Candidate 1 . Scott Brown 2. Rod Collver 3. Tina Curfman 4. Danny Everett 5. Kevin Falconer 6. Michelle French* 7. Robert Gallagher 8 . Matthew Haines 9 . Mike Hassett 10. Brenda Latham 11 . David Loerwald 12 . John Mahalik* 13. Phillip Marquez 14. Connie Smith 15. Charles Stafford 16. David Terre 17. Heath Winnett Nominating Jurisdiction Lewisville ISO City of Lake Dallas City of Lake Dallas City of Lake Dallas City of Carrollton City of Lewisville Denton County Town of Shady Shores Lewisville ISO Lewisville ISO, Town of Trophy Club, City of Lewisville Carrollton-Farmers Branch ISO Town of Trophy Club, Frisco ISO City of Lake Dallas Lewisville ISO, Town of Trophy Club, City of Lewisville Denton ISO, City of Denton, Town of Trophy Club, City of Lewisville City of Denton, Lewisville ISO, City of The Colony, Town of Trophy Club, City of Lewisville City of Lake Dallas *John Mahalik has indicated that he does not want to be reappointed to the Board of Directors and Michelle French has indicated that she prefers to remain an ex-officio member. Since some of you may not be familiar with the process of selecting the Board, please do not hesitate to contact Kathy Williams at (940) 349-3974 for clarification and/or information . PHONE : (940) 349-3800 METRO : (972) 434-2602 FAX: (940) 349-3801 Town Council Page 239 of 282 Meeting Date: November 10, 2015 ~ --DENTON CENTRAL APPRAISAL DISTRICT ---20 IS DISTRIBUTION OF VOTES ---%OF TOTAL NUMBER JURISDICTIONS 2014 LEVY -LEVIES OF VOTES I--- SCHOOL DISTRICTS : -SOI ARGYLE ISD IS,SOl,309 .S7 l .34SS% 67 S02 AUBREY ISD 9,920,93S .33 0.7101% 36 S03 CARROLLTON-FB ISD 40 ,023,S99 .S9 2.S649% 142 S04 CELINA !SD 32S,442 .36 0.0233% I sos DENTON ISD 1 S3 ,02 l ,464.42 13 .100S% 6S4 SIS ERA ISD 2,643.4S 0.0002% I S06 FRISCO ISD ~-- 92, 760,421. 77 6.6397% 332 S07 KRUM ISD 11,743 ,SOS .34 0.S406% 42 sos LAKE DALLAS ISD 22,6S9, l 93.06 1.6241% SI S09 LEWISVILLE ISD 401,041 ,12S .OO 2S .7062% 1434 SlO LITTLE ELM ISD 36 ,337 ,7S7 .OS 2.6010% 130 SI 1 NORTHWEST ISD S2,343,S7S.92 S.S941% 294 Sl2 PILOT POINT ISD 6,3S6,74S .62 0.4S72% 23 Sl3 PONDER ISD 10,S4S,307 .IS 0.7SSO% 3S S17 PROSPERlSD l ,4S3 ,62S .32 0.1040% s S14 SANGERISD 10,917,S71.Sl 0.7SIS% 39 S16 SLIDELL ISD S30 ,706 .7S O.OS9S% 3 SCHOOL DISTRICTS TOTALS $929, 14S,S6S.S7 66 .SOS% 3322 GO! DENTON COUNTY $174,36S,271 .44 12.4S% 623 CITIES : C26 TOWN OF ARGYLE ....... l ,SlS,4S4.19 0.1299% 7 COi CITY OF AUBREY ....... S61,461.33 0.0617% 3 C31 TOWN OF BARTONVILLE .. S07,SSS .69 0.0363% 2 C02 CITY OF CARROLL TON 3l ,S36,174.0 I 2.27SS% 113 C49 CITY OF CELINA ......... 4,263.52 0.0003% I C03 CITY OF THE COLONY ... l 7,S 17,SS3 .31 l .27S4% 64 C21 TOWN OF COPPELL S06,720 .73 O.OS77% 3 C27 TOWN OF COPPER CANYON S60,7SS .23 0.0401% 2 C04 CITY OF CORINTH ...... 9,1S9,001.96 0.6SS6% 33 C47 CITY OF CORRAL CITY 11,017 .31 O.OOOS% I C20 CITY OF DALLAS ....... S,691,S16 .17 0.6222% 31 cos CITY OF DENTON ....... S4,4 l 2,S06 . l 7 3.S94S% 192 C42 CITY OF DISH ......... 77 ,697 .61 O.OOS6% I C30 TOWN OF DOUBLE OAK ... S29 ,S29 .97 O.OS94% 3 C07 TOWN OF FLOWER MOUND . 34,261,0S0 .62 2.4S24% 123 C36 CITY OF FORT WORTH ....... 9,742,096.94 0.6973% 3S C32 CITY OF FRISCO ........ 3 l ,660 ,6S9.49 2.2662% 113 C39 CITY OF GRAPEVINE ....... 2S0 .09 0.0000% I C22 TOWN OF HACKBERRY .... 103 ,6SS .94 0.0074% 1 C3S CITY OF HASLET.. ...... 9,9S l.3S 0.0007% 1 C19 TOWN OF HICKORY CREEK .... l,414,S44.6S 0.1013% s cos CITY OF HIGHLAND VILLAGE ...... 10,267,SOS.9S 0.7349% 37 C09 CITY OF JUSTIN ....... l ,S7S,203 .21 0.1130% 6 CIS CITY OF KRUGERVILLE .. 414,492 .77 0.0297% I CIO CITY OF KRUM ......... l ,619 ,Sl7.S2 0.llS9% 6 Cit CITY OF LAKE DALLAS .. 2,4SS,244 .9S 0.1779% 9 C2S CITY OF LAKEWOOD VILLAGE ..... 232,7S7 .SS 0.0167% I C12 CITY OF LEWISVILLE ... 33,SS3, l S 1.22 2.42S3% 120 Cl3 TOWN OF LITTLE ELM ... 13,601,60 I.SS 0.9736% 49 C33 TOWN OF NORTHLAKE .... 7Sl,604.76 O.OS3S% 3 C24 CITY OF OAK POINT.. .. 1,627 ,926 .72 0.116S% 6 C14 CITY OF PILOT POINT .. l,36S ,792 .79 0.09SO% s C29 CITY OF PLANO .......... 4,460,0SS .39 0.3192% 16 CIS TOWN OF PONDER ....... S67,97S .69 0.0407% 2 C4S CITY OF PROSPER 362,21S .93 0.02S9% 1 C17 CITY OF ROANOKE ...... S,2S3,02S .S7 0.3760% 19 Cl6 CITY OF SANGER ....... 2,96S,l 19 .0S 0.2122% 11 C34 TOWN OF SHADY SHORES 723,392 .33 0.0SIS% 3 C37 CITY OF SOUTHLAKE ....... S7S,949 .97 0.0412% 2 C2S CITY OF TROPHY CLUB .. 6,2 l 6,S40. 7S 0.44S0% 22 C44 CITY OF WESTLAKE 1,367 .0S 0.0001% 1 CITY TOTAL $293,S40,S90.4 I 21.01% IOSS TOT AL ALL JURISDICTIONS $1,397,0SS ,027.72 100 .00% sooo Town Council Page 240 of 282 Meeting Date: November 10, 2015 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2015-36 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CASTING ALL OF ITS TWENTY-TWO (21) ALLOCATED VOTES FOR A PERSON TO SERVE AS A MEMBER OF THE DENTON CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS; PROVIDING FOR SUBMITTAL OF SAME TO THE CHIEF APPRAISER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 6.03 of the Tax Code provides for the selection of members for the Denton Central Appraisal District’s Board of Directors based on the standard process of nominations and selection by the voting units in a taxing jurisdiction; WHEREAS, the Town of Trophy Club, Texas, based on the tax levy for the Town, was allocated a total of twenty-two (22) votes to cast for nominated candidate(s) named on the ballot provided by the Chief Appraiser of the Denton Central Appraisal District; WHEREAS, upon receiving the selections submitted by all voting units of the taxing jurisdiction, the five nominees receiving the most votes will be appointed members of the Board of Directors for the Denton Central Appraisal District; WHEREAS, it is the desire of the Town Council of the Town of Trophy Club, Texas, to cast the Town’s twenty-two (22) allocated votes to select ____ for placement on the Board of Directors for the Denton Central Appraisal 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 casts all of its allocated votes for ______, to serve as a member of the Board of Directors for the Denton Central Appraisal District. Section 2. That this Resolution, indicating the votes cast and candidate selected, shall be submitted to the Chief Appraiser of the Denton Central Appraisal District prior to December 15, 2015. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with law, and it is so resolved. Town Council Page 241 of 282 Meeting Date: November 10, 2015 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 10th day of November, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: [SEAL] Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas RES 2015-36 Page 2 of 2 Town Council Page 242 of 282 Meeting Date: November 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0724-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/30/2015 Town Council On agenda:Final action:11/10/2015 Title:Consider and take appropriate action regarding a Resolution of the Town Council casting it's one (1) allocated vote for a person to serve as a member of the Tarrant Appraisal District Board of Directors; and providing an effective date. Attachments:Tarrant Appraisal District Letter.pdf RES 2015-37 - TAD Board Vote.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution of the Town Council casting it's one (1) allocated vote for a person to serve as a member of the Tarrant Appraisal District Board of Directors; and providing an effective date. Town Council Page 243 of 282 Meeting Date: November 10, 2015 Tarrant Appraisal District Mr. Nick Sanders Mayor Town of Trophy Club 100 Municipal Dr. Trophy Club, Texas 76262 Dear Mr. Sanders: RECEIVE I) OCT 2 9 2015 BY: ttF Jeff Law Executive Director Chief Appraiser October 27, 2015 The terms of service for the five (5) elected Directors of the Tarrant Appraisal District expire December 31, 2015. The deadline for nominations has passed. Enclosed is a list of nominees for these five (5) positions and an official ballot. The Property Tax Code requires that votes be in an open meeting by resolution. All votes may be cast for one candidate or distributed among any number of candidates listed on the official ballot. There is NO provision for write in candidates. Votes cast for someone other than the candidates listed on the ballot cannot be counted. The deadline for voting is December 15, 2015. You may mail the ballot resolution, fax to (817) 595-6198 or email to mmccoy@tad.org. The five (5) candidates receiving the most votes are elected to a two (2) year term beginning January 1, 2016. 2015. JL:mm Encl. All tax units will be notified of the results of the election before December 31, Sincerely, Executive Director Chief Appraiser Town Council Page 244 of 282 Meeting Date: November 10, 2015 c1"a Tarran t Appraisal District ELECTION OF MEMBERS TO THE BOARD OF DIRECTORS We, the governing body of Town of Trophy Club having been advised by the Chief Appraiser of Tarrant Appraisal District that we are entitled to cast 1 vote collectively or separately for the following nominees for the Board of Tarrant Appraisal District: Mr. Johnny Bennett Ms. Karina Davis Mr. John Eubanks Mr. Eubanks has notified TAD that he withdraws his name from consideration for reelection to TAD's Board of Directors. Mr. Don Funderlic Mr. John Marshall Mr. Marshall has notified TAD that he withdraws his name from consideration for election to TAD's Board of Directors. Mr. John Molyneaux Mr. Terry Moore Mr. Michael O'Donnell Mr. Joe Potthoff Mr. Mark Wood do hereby resolve and order that Town of Trophy Club cast and does hereby cast its votes as follows: VOTES FOR Mr. Johnny Bennett Mr. Karina Davis Mr. John Eubanks Mr. Eubanks has notified TAD that he withdraws his name from consideration for reelection to TAD's Board of Directors. Mr. Don Funderlic Mr. John Marshall Mr. Marshall has notified TAD that he withdraws his name from consideration for election to TAD's Board of Directors. Mr. John Molyneaux Mr. Terry Moore Mr. Michael O'Donnell Mr. Joe Potthoff Mr. Mark Wood Passed this ______ day of ________ , 2015 Presiding Officer ATIEST ----------~ Secretary or Clerk, Town of Trophy Club IMPORTANT: This ballot should be returned by December 15, 2015 to Jeff Law, Chief Appraiser, Tarrant Appraisal District, 2500 Handley-Ederville Rd., Fort Worth, Texas, 76118 Town Council Page 245 of 282 Meeting Date: November 10, 2015 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2015-37 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CASTING ITS ONE (1) ALLOCATED VOTE FOR A PERSON TO SERVE AS A MEMBER OF THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS; PROVIDING FOR SUBMITTAL OF SAME TO THE CHIEF APPRAISER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 6.03 of the Tax Code provides for the selection of members for the Tarrant Appraisal District’s Board of Directors based on the standard process of nominations and selection by the voting units in a taxing jurisdiction; and WHEREAS, the Town of Trophy Club, Texas, based on the tax levy for the Town, was allocated a total of one (1) vote to cast for nominated candidate(s) named on the ballot provided by the Chief Appraiser of the Tarrant Appraisal District; and WHEREAS, upon receiving the selections submitted by all voting units of the taxing jurisdiction, the five nominees receiving the most votes will be appointed members of the Board of Directors for the Tarrant Appraisal District; WHEREAS, it is the desire of the Town Council of the Town of Trophy Club, Texas, to cast it’s one (1) allocated vote to select ____ for placement on the Board of Directors for the Tarrant Appraisal 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 casts it’s one (1) allocated vote for ____ to serve as a member of the Board of Directors for the Tarrant Appraisal District. Section 2. That this Resolution, indicating the votes cast and candidate selected, shall be submitted to the Chief Appraiser of the Tarrant Appraisal District prior to December 15, 2015. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with law, and it is so resolved. Town Council Page 246 of 282 Meeting Date: November 10, 2015 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 10th day of November, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: [SEAL] Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas RES 2015-37 Page 2 of 2 Town Council Page 247 of 282 Meeting Date: November 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0727-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/30/2015 Town Council On agenda:Final action:11/10/2015 Title:Consider and take appropriate action regarding a Non-Exclusive Use Agreement between the Town and Bobcat Youth Football Organization for the use of portions of Independence Park for football events; providing terms of usage; and authorizing the Mayor or his designee to execute all necessary documents. Attachments:Staff Report - Bobcat Youth Football Organization Non-Exclusive Use Agreement.pdf Bobcat Youth Football Organization Non-Exclusive Use Agreement.pdf Independence East Football Facility Location Map.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Non-Exclusive Use Agreement between the Town and Bobcat Youth Football Organization for the use of portions of Independence Park for football events; providing terms of usage; and authorizing the Mayor or his designee to execute all necessary documents. Town Council Page 248 of 282 Meeting Date: November 10, 2015 To: Mayor and Town Council From: Adam Adams, Parks and Recreation Director CC: Stephen Seidel, Town Manager Steven Glickman, Assistant Town Manager Holly Fimbres, Town Secretary Re: Bobcat Youth Football Organization Non-Exclusive Use Agreement Town Council Meeting, November 10, 2015 Agenda Item: Consider and take appropriate action regarding a Non-Exclusive Use Agreement between the Town and Bobcat Youth Football Organization for the use of portions of Independence Park for football events; providing terms of usage; and authorizing the Mayor or his designee to execute all necessary documents. Explanation: Bobcat Youth Football Organization (BYOF) utilizes both Town and private facilities for its four month practice period. The organization does not utilize any Town facilities for games or tournaments as those are held at NISD facilities. On May 26, 2015, Council created an Organized Sports Council Sub-Committee to work with staff and representatives from the various sports organizations. This document is almost identical with the Trophy Club Roanoke Youth Baseball Agreement that was recommended by the Organized Sports Council Sub- Committee and passed unanimously by Council at their July 14, 2015 meeting. Attachments: • Bobcat Youth Football Organization Non-Exclusive Use Agreement • Independence East Football Facility Location Map Recommendation: Staff recommends this document as it mirrors the Trophy Club Roanoke Youth Baseball Agreement passed by Town Council at their July 14, 2015 meeting and provides for a potential multi-year contract with the Bobcat Youth Football Organization that will identify the roles and responsibilities of both parties. Page 1 of 1 Town Council Page 249 of 282 Meeting Date: November 10, 2015 THE STATE OF TEXAS § § COUNTY OF DENTON and TARRANT § NON-EXCLUSIVE USE AGREEMENT BY AND BETWEEN THE TOWN OF TROPHY CLUB AND THE BOBCAT YOUTH FOOTBALL ORGANIZATION THIS NON-EXCLUSIVE USE AGREEMENT is made and entered into by and between the TOWN OF TROPHY CLUB, TEXAS (hereinafter referred to as “TOWN”), acting by and through its Mayor or designee, and the BOBCAT YOUTH FOOTBALL ORGANIZATION (hereinafter referred to as “BYFO”), acting by and through the President its Board of Directors, or designee, (hereinafter “Agreement”). WITNESSETH: WHEREAS, the TOWN owns and maintains parks and sports facilities on Independence Park; and WHEREAS, the BYFO is comprised of various youth football teams for football play; and WHEREAS, the BYFO desires to use the TOWN parks and facilities as specifically identified herein below; and WHEREAS, maintenance and upkeep obligations shall be shared by Town and BYFO as expressly set forth in this Agreement; and WHEREAS, BYFO and TOWN agree that it serves their best interests to work with TOWN; and WHEREAS, BYFO and TOWN agree that the properties and facilities identified herein shall be used by BYFO solely for the purpose of providing football use for the members of the BYFO; and WHEREAS, the parties agree that this Agreement supersedes any and all prior written and/or oral agreements for use of Independence Park and by execution of this Agreement, the parties agree and intend that this Agreement shall exclusively govern BYFO’s use of Independence Park. NOW THEREFORE, FOR AND IN CONSIDERATION of the above and foregoing premises, the benefits flowing to each of the parties hereto, and other good and valuable consideration, TOWN and BYFO do hereby agree as follows: Town Council Page 250 of 282 Meeting Date: November 10, 2015 I. INCORPORATION OF PREMISES / TERM 1.01 Incorporation of Premises. The foregoing premises to this Agreement are incorporated herein for all purposes as if set out herein verbatim. 1.02 Term. The term of this Agreement shall commence on February 1, 2016 and shall end on January 31, 2017, unless otherwise terminated as provided herein. After the initial term has expired, this contract will automatically renew for three (3) additional terms of one (1) year each, provided that such renewal is not contested by either party within sixty (60) days of the contract’s expiration date. II. INDEPENDENCE PARK / CONSIDERATION 2.01 Independence Park. TOWN, under the terms and conditions provided herein, shall allow BYFO the non-exclusive use of Independence Park and facilities within the park as specifically identified in Exhibit “A”, a copy of which is attached hereto and incorporated herein, for athletic and sporting events, to wit, football events. 2.02 Consideration. In addition to the fees otherwise provided herein, for the Fall Season (defined below), BYFO shall assess and collect a fee for each child who does not live within the corporate limits of the Town of Trophy Club Or the City of Roanoke. Such fee shall be ten dollars ($10.00) per person who enrolls in the BYFO football program. No later than the twenty-first (21st) day after the commencement of regular season game play for the Fall Season, BYFO shall remit to Town all such fees collected and shall provide the written report required by Section 12.02 of this Agreement. In further consideration for the use of Independence Park, BYFO hereby agrees to provide a proposed use schedule (which specifically identifies complexes and fields to be used) to the TOWN at least seven (7) days before the commencement of each seasonal practice schedule. In the event of changes in the practice schedule, BYFO shall provide TOWN with a written notice at least seventy-two (72) hours prior to the proposed change. Acceptance of the proposed changes shall be within the sole discretion of the Town; provided however, that acceptance shall not be unreasonably withheld. 2016 Non-Exclusive Use Agreement with BYFO Page 2 of 13 Town Council Page 251 of 282 Meeting Date: November 10, 2015 III. USE SCHEDULING/REGISTRATION 3.01 Regular Season. The “Fall Season” shall run from the first week of August through the third week of November, and shall include tryouts and all practices. 3.02 Scheduling. TOWN and BYFO agree that scheduling of additional practices on dates not contained in the TOWN approved schedule shall not be permitted unless these additional times are mutually agreed to in writing by the TOWN and BYFO, and if allowed, there shall be no additional cost to BYFO. Use of Independence Park shall be limited to the practices scheduled by BYFO, and BYFO shall provide written notice of scheduling to the Parks and Recreation Department in accordance with the time frames set forth in this Agreement. BYFO shall provide one point of contact for all scheduling of Independence Park. No BYFO use of Independence Park by BYFO, other than that expressly provided for under a TOWN approved schedule, shall be allowed by the TOWN. Weather days, rain days, or suspension of play may require rescheduling of events. BYFO shall provide written notice of such rescheduling requests to the Parks and Recreation Department at least seventy-two (72) hours in advance of the proposed schedule change. The TOWN shall designate one (1) day per week on which BYFO will not be allowed to use Independence Park for practice. The proposed day shall be submitted to BYFO thirty (30) days prior to the commencement of regular season practice for the Fall Season. The Town reserves the right to use any field or facility located at Independence Park for purposes other than football upon submitting the scheduled us to BYFO ninety (90) days prior to that use. IV. MAINTENANCE RESPONSIBILITIES 4.01 TOWN Maintenance Responsibilities. TOWN shall be responsible for all routine maintenance of Independence Park, including the following: 1. watering; 2. loose trash and debris removal on grounds; 3. mowing; 4. over seeding (the Town will provide a thirty (30) day notice prior to overseeding requiring the fields to be closed for three weeks following the application of seed); 5. fertilization; 6. aerification; 7. top-dressing; 2016 Non-Exclusive Use Agreement with BYFO Page 3 of 13 Town Council Page 252 of 282 Meeting Date: November 10, 2015 8. striping of the fields (once per week); 9. restrooms; 10. lighting; 11. irrigation; 12. turf management; and 13. other similar maintenance items 4.02 Repairs. TOWN shall have the sole discretion to determine nature and timing of repairs and shall have the sole duty and responsibility for making repairs to all permanent improvements owned by the TOWN such as fencing, buildings, lighting, or other permanent structural improvements upon Independence Park. 4.03 TOWN Alterations. TOWN shall be permitted and shall have the right to make, at its own expense, all alterations or additions to all or any portion of Independence Park the TOWN determines appropriate in its sole discretion, notwithstanding any conflicting provision of this Agreement. 4.04 BYFO Maintenance and Other Responsibilities: BYFO shall be responsible for the following: A. Maintenance and Improvements Generally. Maintenance or improvements in addition to those provided by TOWN pursuant to this Section, shall be the responsibility of BYFO and shall only be allowed upon the prior written approval of TOWN. B. Field Maintenance: BYFO through their President or designee shall promptly notify the TOWN of all field maintenance requests, requests for additional services or the existence of unsafe conditions by providing written notice to the Park Superintendent and/or designee. C. BYFO shall be responsible for emptying all trash receptacles and properly disposing of all bagged trash that accumulates at facilities utilized by BYFO during regular season practice. 4.05. BYFO Alterations. BYFO shall not move, alter or remove, in whole or in part, any TOWN improvement, fixed or movable, upon Independence Park, including without limitation bleachers, without first obtaining the express written permission of the TOWN and then only in the event that the move, alteration or removal will not subject such improvements or Independence Park to damage. Any such move, alteration or removal shall be at the sole expense of BYFO. 4.06 Council Updates. An officer of the BYFO Board shall attend a Town Council meeting and shall provide an update to the Town Council within thirty (30) days after the last day of regular season play for the Fall Season. 4.07 Ex-Officio Member. The Parks and Recreation Director or designee shall serve as an ex-officio member of the Board of Directors of the BYFO. BYFO shall email 2016 Non-Exclusive Use Agreement with BYFO Page 4 of 13 Town Council Page 253 of 282 Meeting Date: November 10, 2015 board meeting agendas to the Parks and Recreation Director or designee a minimum of seventy–two (72) hours prior to each such BYFO Board meeting. 4.08 Partnership Opportunities. BYFO shall diligently pursue any actions or opportunities that will reduce the maintenance and operational costs of both BYFO and TOWN, including without limitation, capital improvement initiatives and other TOWN authorized activities. 4.09 Events. TOWN and BYFO agree and understand that there is a benefit in combining resources and participation in TOWN sponsored events. BYFO agrees to work with TOWN in the joint scheduling and promotion of TOWN events as practicable for both parties. V. RULES AND REGULATIONS / CLOSURE/ PARKING 5.01 TOWN Regulations. BYFO understands and agrees that its’ use of Independence Park shall be allowed only in accordance with TOWN ordinances, guidelines and regulations, including without limitation the following: A. Athletic Facility Rainout Procedures: During questionable weather periods, field playability status will be posted on the TOWN’S field conditions line by 12:00 p.m. weekdays and by 7:00 a.m. Saturdays, Sundays, and Holidays by TOWN’S Parks Superintendent and/or designee. Emergency contact numbers shall be distributed to BYFO designated officials prior to season start. The field conditions line shall be updated as soon as possible when field conditions change status. B. Field Closure Policy and Procedure: BYFO shall cancel, delay or postpone any practices or other activities if severe weather conditions are present and/or when TOWN notifies BYFO that supplemental watering will be conducted. Notwithstanding the terms of this Agreement, TOWN, in its sole discretion, retains the right to close any or all of Independence Park that is the subject of this Agreement. The Park Superintendant and/or designee, at their sole discretion, may close Independence Park and suspend play at any time if, in TOWN’S sole discretion, it is determined that continued use presents a risk of injury to persons or damage to Independence Park or the general health, safety or welfare of the public. In addition to the foregoing, all of a portion of Independence Park may be closed for repair, remodeling, overseeding or other maintenance. In the event of closure for such maintenance, TOWN shall timely notify BYFO officials in order to minimize the impact on scheduling as much as reasonably possible. TOWN also reserves the right to close all or a portion of Independence Park during operational hours, and if resources are available, TOWN may offer 2016 Non-Exclusive Use Agreement with BYFO Page 5 of 13 Town Council Page 254 of 282 Meeting Date: November 10, 2015 substitutions or alternatives for the use of Independence or offer replacement premises or facilities. 5.02 Parking: During the term of this Agreement, TOWN shall provide BYFO with access to and use of Independence East parking area. The repair and maintenance of such parking lots shall remain the sole responsibility of the TOWN. VI. BYFO USE OF TOWN PARK FACILITIES As-Is Condition. The BYFO shall take Independence Park on an “as-is” condition on the date of execution of this Agreement and there shall be no obligation by the TOWN to make any other improvements to the Independence Park facilities. BYFO shall not make any improvements or structural changes to any TOWN concession facility without written permission by the Director of Parks and Recreation. VII. GENERAL REQUIREMENTS APPLICABLE TO BYFO USE OF TOWN PROPERTY 7.01 Immunity: Nothing in this Agreement, or in any exhibit or attachment hereto, shall be construed to affect, alter, or modify the immunity of either party under the Texas Civil Practice and Remedies Code §§101.001 et seq. It is expressly understood and agreed that in the execution of this Agreement, neither TOWN nor BYFO waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. 7.02. Insurance: During the term of this Agreement BYFO shall obtain and maintain, at its sole expense, general liability insurance with the minimum amounts of $1,000,000 Bodily Injury Liability and $1,000,000 Property Damage Liability while naming the TOWN of Trophy Club as an additional insured to protect against potential claims arising out of the BYFO’s use of the Independence Park and the facilities. BYFO shall furnish TOWN with certificates of insurance evidencing its compliance with this Paragraph at least ten (10) days prior to the commencement of the term of this Agreement. Nothing contained herein shall be construed to grant any third party rights or as a waiver of any governmental and/or public purpose of the operation or use of all or a portion of Independence Park. 7.03 No Third Party Beneficiary: For purposes of this Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) the Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or 2016 Non-Exclusive Use Agreement with BYFO Page 6 of 13 Town Council Page 255 of 282 Meeting Date: November 10, 2015 entities may be in a contractual relationship with TOWN or BYFO or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either TOWN or BYFO. This Agreement shall not create any third-party beneficiaries. 7.04 Notice: Each notice or other communication which may be or is required to be given under this Agreement shall be in writing and shall be deemed to have been properly given when delivered by e-mail or personally during the normal business hours of the party to whom such communication is directed, or upon receipt when sent by United States registered or certified mail, return receipt requested, postage prepaid, to the following addresses as may be designated by the appropriate party; however, each party has a right to designate a different address by giving the other party fifteen (15) days prior written notice of such designation: If to BYFO: Henry Grimes President, BYFO 3409 Sedaila Ranch RD Roanoke, TX 76262 If to TOWN: Adam Adams Director of Parks and Recreation Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 7.05 Claims Against Parties: Each party shall be responsible for defending and/or disposing of all causes arising against the respective party as a result of its use or occupation of Independence Park. It is expressly understood and agreed that in the execution of this Agreement, neither TOWN nor BYFO waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. 7.06 Entire Agreement: This Agreement contains the entire agreement of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. 7.07 Severability: In case any one (1) or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, 2016 Non-Exclusive Use Agreement with BYFO Page 7 of 13 Town Council Page 256 of 282 Meeting Date: November 10, 2015 such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalidity, illegality or unenforceable provision had never been contain herein. 7.08 Authority: The undersigned officers and/or agents are authorized to execute this Agreement on behalf of the parties hereto, and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. 7.09 Defective Conditions. BYFO shall promptly report to TOWN any defects or dangerous conditions it discovers on or concerning Independence Park or other TOWN property, and shall cease any such use until such defect or condition is repaired or cured, provided TOWN shall not have an obligation to repair or cure any such defect of condition. VIII. TERMINATION 8.01 Termination for Cause. Upon the occurrence of any one or more of the following events, the Town in its sole discretion may elect to terminate this Agreement upon ten (10) days written notice of default to BYFO: A. The BYFO fails to maintain a simple majority of Board Members who reside in Trophy Club or Roanoke and neither the position of President, Vice- President, Treasurer nor the position of Secretary is held by a resident of the Town of Trophy Club; and B. BYFO fails to take action to appoint a Trophy Club resident to at least one (1) of the required positions set forth in subsection “A” within sixty (60) days after the date upon which none of the required positions are held by a Trophy Club resident. C. BYFO defaults by failing to timely remit payment to TOWN in accordance with the provisions of this Agreement or otherwise defaults upon any one or more of its obligations under this Agreement, and BYFO has failed to remedy such default within ten (10) days of the date of TOWN’S written notice of default to BYFO. 8.02 Termination Without Cause. Either party may terminate this Agreement with or without cause, by giving sixty (60) days prior written notice of the date of termination to the other party. Upon termination, all permanent improvements shall remain the property of TOWN and all personal property shall remain the property of the party paying for such personal property. Removal of personal property or improvements shall be subject to the terms contained herein. However, all personal property and improvements remaining on Independence Park property for sixty (60) days after the date of termination of this Agreement shall become the personal property and improvements of the TOWN. 2016 Non-Exclusive Use Agreement with BYFO Page 8 of 13 Town Council Page 257 of 282 Meeting Date: November 10, 2015 IX. REMEDIES AND PENALTIES 9.01 Remedies. No right or remedy granted or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 9.02 Penalties. In addition to all other rights and remedies of TOWN under the terms of this Agreement and Town Ordinance, as a penalty for violation of any of the terms or conditions of this agreement or of a Town Ordinance when such violation results in damage to TOWN property or facilities, BYFO shall pay the actual cost of the repair of such damage plus a fifty dollar ($50,00) per hour for each TOWN staff person utilized to make the repair. Further, in addition to the foregoing penalty and all other remedies legally available to TOWN, In the event that participants, guests or spectators at a BYFO scheduled activity engage in any action or behavior, whether intentional or negligent, that causes or results in damage to TOWN property, BYFO shall pay the actual cost of the repair of such damage plus a fifty dollar ($50.00) fee per hour for each Town staff person utilized to make the repair. X. APPLICABLE LAW This Agreement is governed by the laws of the State of Texas; exclusive venue for any action shall be in Denton County, Texas. XI. ASSIGNMENT BYFO shall not assign, sublet, subcontract or transfer all or a portion of its rights or obligations under this Agreement without the prior written approval of the TOWN. 2016 Non-Exclusive Use Agreement with BYFO Page 9 of 13 Town Council Page 258 of 282 Meeting Date: November 10, 2015 XII. GENERAL REQUIREMENTS 12.01 Financials. BYFO shall provide financials to the Town on or before the last Monday in February for the previous Fall Season. This requirement shall survive termination and/or expiration of this Agreement. 12.02 Reports. On or before the twenty-first (21 st) day following the commencement of the Fall Season, BYFO shall provide a written report identifying the total number of BYFO registered players, the city of residence for each such player and the associated age division for each such player. 12.03 Board Members. On or before the twenty-first (21st) day following the commencement of the Fall Season, BYFO shall provide a list of the names and city of residence for each BYFO board member. 12.04 Background Checks. BYFO shall require that each person volunteering to serve as a board member, head coach and/or an assistant coach, or in any other capacity pass a background check. Additionally, all adult umpires shall be required to successfully pass a background check. BYFO approved standards for successful completion of a background check shall be provided to TOWN, and any person failing to meet such standards shall not be allowed to volunteer, serve or otherwise work for BYFO in any manner or capacity. BYFO By: ________________________________ Henry Grimes, President BYFO TOWN OF TROPHY CLUB, TEXAS By: ________________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: By: ________________________________ Holly Fimbres, Town Secretary 2016 Non-Exclusive Use Agreement with BYFO Page 10 of 13 Town Council Page 259 of 282 Meeting Date: November 10, 2015 Town of Trophy Club, Texas APPROVED AS TO FORM: By: ________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas 2016 Non-Exclusive Use Agreement with BYFO Page 11 of 13 Town Council Page 260 of 282 Meeting Date: November 10, 2015 ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF DENTON and TARRANT § This instrument was acknowledged before me on the _____ day of ___________________, 2015 by C. Nick Sanders, Mayor of the TOWN OF TROPHY CLUB, TEXAS, a home rule municipal corporation, on behalf of such corporation. ______________________________ Notary Public in and for the State of Texas STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the _____ day of ___________________, 2015 by Henry Grimes, President of the BYFO, a nonprofit corporation, on behalf of such corporation. ______________________________ Notary Public in and for the State of Texas 2016 Non-Exclusive Use Agreement with BYFO Page 12 of 13 Town Council Page 261 of 282 Meeting Date: November 10, 2015 EXHIBIT “A” (TOWN FIELD TO BE USED BY BYFO) INDEPENDENCE PARK; Football Practice Field Multi-use field adjacent to pool parking lot Independence East Parking lot 2016 Non-Exclusive Use Agreement with BYFO Page 13 of 13 Town Council Page 262 of 282 Meeting Date: November 10, 2015 Town Council Page 263 of 282 Meeting Date: November 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0730-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/30/2015 Town Council On agenda:Final action:11/10/2015 Title:Consider and take appropriate action regarding an ordinance of the Town amending Article 2, “Traffic and Vehicles” of Chapter 10, “Public Safety” of the Code of Ordinances repealing Section 2.05(E), “Overnight Parking” and adopting a new Section 2.05(E) “Overnight Parking” regulating the parking of vehicles between the hours of 3:00 a.m. and 5:00 a.m. each day; providing a penalty; and providing an effective date. Attachments:Staff Report - Amending Overnight Parking.pdf Current ORD 2011-39.pdf Draft ORD 2015-40 - Amending Overnight Parking.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an ordinance of the Town amending Article 2, “Traffic and Vehicles” of Chapter 10, “Public Safety” of the Code of Ordinances repealing Section 2.05(E), “Overnight Parking” and adopting a new Section 2.05(E) “Overnight Parking” regulating the parking of vehicles between the hours of 3:00 a.m. and 5:00 a.m. each day; providing a penalty; and providing an effective date. Town Council Page 264 of 282 Meeting Date: November 10, 2015 To: Mayor and Town Council From: Patrick Arata, Police Chief CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: 3 to 5 Parking Ordinances Town Council Meeting, November 10, 2015 Agenda Item: Consider and take appropriate action regarding an ordinance of the Town amending Article 2, “Traffic and Vehicles” of Chapter 10, “Public Safety” of the Code of Ordinances repealing Section 2.05(E), “Overnight Parking” and adopting a new Section 2.05(E) “Overnight Parking” regulating the parking of vehicles between the hours of 3:00 a.m. and 5:00 a.m. each day; providing a penalty; and providing an effective date. Explanation: The Trophy Club Police Department has made the recommended changes regarding the 3 to 5 street parking. Currently, Town of Trophy Club Ordinance No. 2011-39 restricts street parking from 3 A.M. to 5 A.M. The changes listed below would allow over night street parking: • Up to 90 days for a temporary permit per year; • Removed Proof of registration requirement for a permit; • Permits expiring one year from the date of issuance; • Allowed two (2) permits per address requested; • Permit fee of $100.00 for the annual permit; Items for discussion: • Fees for temporary permit (section 4), the PD recommends $30.00 for the 90 day permit. Attachments: • Current Ordinance – ORD No. 2011-39 • Draft Ordinance No. 2015-40 Page 1 of 1 Town Council Page 265 of 282 Meeting Date: November 10, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-39 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ARTICLE 2 ENTITLED "TRAFFIC AND VEHICLES" OF CHAPTER 10 ENTITLED "PUBLIC SAFETY" OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS BY REPEALING SECTION 2.05 (E) ENTITLED "OVERNIGHT PARKING" AND ADOPTING A NEW SECTION 2.05 (E) REGULATING OVERNIGHT PARKING"; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS TO THE REGULATIONS GOVERNING PARKING BETWEEN THE HOURS OF 3:00 A.M. AND 5:00 A.M. EACH DAY; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS 500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town has evaluated Section 2.05 (E) entitled "Overnight Parking" of Article 2 entitled "Traffic and Vehicles" of Chapter 10 entitled "Public Safety" of the Code of Ordinances of the Town which provides for regulations governing overnight parking within the Town; and WHEREAS, unimpeded visibility of homes and driveways assists in effective crime prevention efforts; and WHEREAS, the Town Council has determined it to be in the best interest of the Town and its residents to revise the regulations currently in effect which prohibit parking on roadways between the hours of 3:00 a.m. to 5:00 a.m.; and WHEREAS, the Town Council having reviewed the proposed revisions to Section 2.05 (E) "Overnight Parking" and having reviewed the fees associated with the permitting structure proposed, has determined that the regulations are reasonable and necessary and that the fees reasonably cover the majority of associated costs of administration of the permit; and WHEREAS, the Town Council hereby finds that the repeal of the regulations contained in the existing Section 2.05(E) and the adoption of the new regulations of Section 2.05(E) serves the best interests of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council Page 266 of 282 Meeting Date: November 10, 2015 I. INCORPORATION OF PREAMBLE That the above and foregoing preamble is true and correct and is incorporated herein as if copied herein in its entirety. II. AMENDMENTS 2.01 Section 2.05 (E) entitled "Overnight Parking" of Article II entitled " Traffic and Vehicles" of Chapter 10 entitled "Public Safety" of the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Section 2.05(E) entitled Overnight Parking" of Article II entitled "Traffic and Vehicles" of Chapter 10 entitled Public Safety" of the Code of Ordinances of the Town of Trophy Club is hereby adopted to be and read in its entirety as follows: E. Overnight Parking 1. Prohibition -Restricted Hours. It shall be unlawful for any person to stand or park any motor vehicle, trailer, mobile home, motor home or boat along or upon any public highway, street, alley or other public right-of-way located within the Town between the hours of 3:00 a.m. and 5:00 a.m. each day (hereinafter "Restricted Hours"). This prohibition shall not be applicable to any motor vehicle which is being used for emergency purposes, to the operation of any motor vehicle being used by a utility company for repair purposes, or to any governmental vehicle being used for necessary governmental purposes. 2. Authority to Park During Restricted Hours -Annual Permit -Fee. Any person who desires to stand or park a Motor Vehicle upon a public highway, street, alley or other public right-of-way during Restricted Hours shall purchase a permit authorizing the same from the Town, provided however, a permit shall only be allowed if there are three (3) or more vehicles registered to the address of the person requesting the permit. A maximum of two (2) permits may be issued per household. A permit shall be displayed in the front windshield of a Motor Vehicle registered at the address of the applicant so that the permit is plainly visible to a person standing outside of the Motor Vehicle. Any Motor Vehicle parked as permitted by this section shall be parked in front of the residence for which the annual permit has been issued in such a manner as not to obstruct access to the private driveways of neighboring residents. ORO 2011-39 Page 2 of 5 Town Council Page 267 of 282 Meeting Date: November 10, 2015 A permit shall be issued to a specific residence address and may be transferred to any vehicle registered at that address. Permits are not transferrable to a third party. A fee of one hundred fifty dollars ($150.00) per permit shall be charged for the issuance of each permit. The annual renewal fee, shall be seventy-five dollars 75.00) per permit. All Permits shall be valid from January 1 until December 31 annually regardless of date of issuance. Permit fees shall not be prorated. 3. Authority to Park During Restricted Hours Circumstances. Extraordinary Special permission to park on any public highway, street, alley or other public right-of-way during the Restricted Hours may be granted by the Chief of Police or his designee. Such permission shall only be granted if the Chief of Police or his designee determines that Extraordinary Circumstances exist. Extraordinary Circumstances may include driveway repair, home repair or rehabilitation requiring temporary alternative driveway usage, temporary visitor parking when capacity of driveway is insufficient to hold all Motor Vehicles, mechanical breakdown of Motor Vehicles, and/or other similar temporary and unusual circumstances. Upon a determination by the Chief of Police or his designee that Extraordinary Circumstances exist, permission to park on a public highway, street, alley or other public right-of-way during Restricted Hours may be granted for a period not to exceed three (3) consecutive days. Under no circumstances shall permission to park during Restricted Hours be granted if in the sole determination of the Chief of Police or his designee, the request may result in a traffic hazard or may impede the access of emergency or other Vehicles. Any Motor Vehicle parked as permitted by this section shall be parked in front of the residence for which the Extraordinary Circumstances exist in such a manner as not to obstruct access to the private driveways of neighboring residents. 4. Authority to Park During Restricted Hours -Temporary Permit -Fee. In lieu of purchasing an annual permit, a person who meets the requirements of Section (E)(2) above, or in the event that the need for parking due to an Extraordinary Circumstance extends beyond three (3) consecutive days, a person who desires to stand or park a Motor Vehicle upon a public highway, street, alley or other public right-of-way during Restricted Hours, may purchase a temporary permit from the Town. A temporary permit authorized by this section shall be issued for a period not to exceed seven (7) days. The temporary parking permit fee shall be ten dollars ($10.00) and may be renewed one (1) time per calendar year upon application for an extension and payment of a renewal fee of ten dollars ($10.00). No more than two (2) temporary parking permits and two (2) renewals of seven (7) days each may be issued for each residence per calendar year. If the need for a temporary parking permit results from driveway repairs being performed by or under the direction of a public utility company or a ORO 2011-39 Page 3 of 5 Town Council Page 268 of 282 Meeting Date: November 10, 2015 governmental entity, including without limitation the Town or MUD1, the permit fee imposed by this Section shall be waived. Any Motor Vehicle parked as permitted by this section shall be parked in front of the residence for which the temporary permit has been issued in such a manner as not to obstruct access to the private driveways of neighboring residents. 5. Motor Vehicles Ineligible for Restricted Hours Parking Permit. Parking permits issued to residences under this Section shall not be allowed for use in Semi-trailers, Trailers, Truck-tractors or Motor Vehicles with more than % ton carrying capacity. " III. SAVINGS AND REPEALER CLAUSE This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. IV. SAVINGS CLAUSE 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 the parking between the hours of 3:00 a.m. and 5:00 a.m. within the Town on each day and 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. V. SEVERABILITY CLAUSE If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application 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 the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. ORD 2011-39 Page 4 of5 Town Council Page 269 of 282 Meeting Date: November 10, 2015 VI. PUBLICATION CLAUSE The Town Secretary of the Town of Trophy Club is hereby directed to the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. VII. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars 500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. The penalty provided herein shall be cumulative of all other remedies available for enforcement of the provisions of this Ordinance. The remedy provided herein shall be cumulative of all other remedies authorized by law. VIII. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. IX. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 14th day of November, 2011. d/ll4u' Jai!;t Mayor Connie White Town of Trophy Club, Texas APPROVED AS TO FORM: ORO 2011-39 Page 5 of 5 Town Council Page 270 of 282 Meeting Date: November 10, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-40 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ARTICLE 2 ENTITLED “TRAFFIC AND VEHICLES” OF CHAPTER 10 ENTITLED “PUBLIC SAFETY” OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS BY REPEALING SECTION 2.05(E) ENTITLED “OVERNIGHT PARKING” AND ADOPTING A NEW SECTION 2.05(E) REGULATING “OVERNIGHT PARKING”; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS TO THE REGULATIONS GOVERNING PARKING BETWEEN THE HOURS OF 3:00 A.M. AND 5:00 A.M. EACH DAY; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town has evaluated Section 2.05(E) entitled “Overnight Parking” of Article 2 entitled “Traffic and Vehicles” of Chapter 10 entitled “Public Safety” of the Code of Ordinances of the Town which provides for regulations governing overnight parking within the Town; and WHEREAS, unimpeded visibility of homes and driveways assists in effective crime prevention efforts; and WHEREAS, the Town Council has determined it to be in the best interest of the Town and its residents to revise the regulations currently in effect which prohibit parking on roadways between the hours of 3:00 a.m. to 5:00 a.m.; and WHEREAS, the Town Council having reviewed the proposed revisions to Section 2.05(E) “Overnight Parking” and having reviewed the fees associated with the permitting structure proposed, has determined that the regulations are reasonable and necessary and that the fees reasonably cover the majority of associated costs of administration of the permit; and WHEREAS, the Town Council hereby finds that the repeal of the regulations contained in the existing Section 2.05(E) and the adoption of the new regulations of Section 2.05(E) serves the best interests of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council Page 271 of 282 Meeting Date: November 10, 2015 SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS 2.01 Section 2.05(E) entitled “Overnight Parking” of Article II entitled “Traffic and Vehicles” of Chapter 10 entitled “Public Safety” of the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Section 2.05(E) entitled “Overnight Parking” of Article II entitled “Traffic and Vehicles” of Chapter 10 entitled “Public Safety” of the Code of Ordinances of the Town of Trophy Club is hereby adopted to be and read in its entirety as follows: “E. Overnight Parking 1. Prohibition – Restricted Hours. It shall be unlawful for any person to stand or park any motor vehicle, trailer, mobile home, motor home or boat along or upon any public highway, street, alley or other public right-of-way located within the Town between the hours of 3:00 a.m. and 5:00 a.m. each day (hereinafter “Restricted Hours”). This prohibition shall not be applicable to any motor vehicle which is being used for emergency purposes, to the operation of any motor vehicle being used by a utility company for repair purposes, or to any governmental vehicle being used for necessary governmental purposes. 2. Authority to Park During Restricted Hours – Annual Permit – Fee. Any person who desires to stand or park a Motor Vehicle upon a public highway, street, alley or other public right-of-way during Restricted Hours shall purchase a permit authorizing the same from the Town, provided however, a permit shall only be allowed if there are two (2) or more vehicles at the address of the person requesting the permit. A maximum of two (2) annual permits may be issued per household. A permit shall be displayed in the front windshield of a Motor Vehicl e registered at the address of the applicant so that the permit is plainly visible to a person standing outside of the Motor Vehicle. Any Motor Vehicle parked as permitted by this section shall be parked in front of the residence for which the annual permit has been issued in such a manner as not to obstruct access to the private driveways of neighboring residents. A permit shall be issued to a specific residence address and may be transferred to any vehicle at that address. Permits are not transferrable to a third party. ORD 2015-40 Page 2 of 5 Town Council Page 272 of 282 Meeting Date: November 10, 2015 A fee of one hundred dollars ($100.00) per permit shall be charged for the issuance of each permit. The annual renewal fee, shall be one hundred dollars ($100.00) per permit. All Permits shall be valid for one (1) year from the date of issuance. 3. Authority to Park During Restricted Hours – By Special Permission. Special permission to park on any public highway, street, alley or other public right-of-way during the Restricted Hours may be granted by the Chief of Police or his designee in accordance with this section. A person may park or stand a vehicle owned or controlled by him/her on a public street, highway or other public right-of-way between the hours of 3: 00 a.m. and 5:00 a.m., provided that notice of such parking or standing is given to the Chief of Police or designee no later than 5:00 p.m. of the immediately previous day. Such parking or standing shall not exceed seven (7) consecutive days in any one (1) thirty (30) day period. Any vehicle parked as permitted by this section shall be parked directly in front of the residence being visited in such a manner as not to obstruct access to the private driveways of neighboring residents. Under no circumstances shall permission to park during Restricted Hours be granted if in the sole determination of the Chief of Police or his designee, the request may result in a traffic hazard or may impede the access of emergency or other Vehicles. 4. Authority to Park During Restricted Hours – Temporary Permit – Fee. In lieu of purchasing an annual permit, when the need for parking extends beyond seven (7) consecutive days, a person who desires to stand or park a Motor Vehicle upon a public highway, street, alley or other public right-of-way during Restricted Hours may purchase a temporary permit from the Town. A temporary permit authorized by this section shall be issued for a period not to exceed ninety (90) days within one (1) year from the date of issuance. The temporary parking permit fee shall be __ dollars ($__) and shall be valid for one (1) year from the date of issuance of the permit. If the need for a temporary parking permit results from driveway repairs being performed by or under the direction of a public utility company or a governmental entity, including without limitation the Town or MUD1, the permit fee imposed by this Section shall be waived. Any Motor Vehicle parked as permitted by this section shall be parked in front of the residence for which the temporary permit has been issued in such a manner as not to obstruct access to the private driveways of neighboring residents. Under no circumstances shall a Permit to park during Restricted Hours be granted if in the sole determination of the Chief of Police or his designee, the request may result in a traffic hazard or may impede the access of emergency or other Vehicles. ORD 2015-40 Page 3 of 5 Town Council Page 273 of 282 Meeting Date: November 10, 2015 5. Motor Vehicles Ineligible for Restricted Hours Parking Permit. Parking permits issued to residences under this Section shall not be allowed for use in Semi -trailers, Trailers, Truck-tractors or non-operable Motor Vehicles.” 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. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. 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 the parking between the hours of 3:00 a.m. and 5:00 a.m. within the Town on each day and 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 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application 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 the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. ORD 2015-40 Page 4 of 5 Town Council Page 274 of 282 Meeting Date: November 10, 2015 SECTION 7. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. The penalty provided herein shall be cumulative of all other remedies available for enforcement of the provisions of this Ordinance. The remedy provided herein shall be cumulative of all other remedies authorized by law. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 10th day of November, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: APPROVED AS TO FORM: Holly Fimbres, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas ORD 2015-40 Page 5 of 5 Town Council Page 275 of 282 Meeting Date: November 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0732-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/30/2015 Town Council On agenda:Final action:11/10/2015 Title:Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Joint Police and Town Hall Facility *Christmas Event *Police K-9 Officer Badge Pinning Ceremony *PID Bond Refunding *Pebble Beach *Economic Development Attachments: Action ByDate Action ResultVer. Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Joint Police and Town Hall Facility *Christmas Event *Police K-9 Officer Badge Pinning Ceremony *PID Bond Refunding *Pebble Beach *Economic Development Town Council Page 276 of 282 Meeting Date: November 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0733-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/30/2015 Town Council On agenda:Final action:11/10/2015 Title:Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for December 8, 2015 meeting and discussion of Future Agenda Items, to include discussion of the below item from the Future Agenda List: A) Consider and take appropriate action regarding adding a parking lot between the baseball fields. (Reed 8/11/2015) (1-November 10) Attachments:December 8, 2015 Upcoming Agenda.pdf Items for Future Agendas updated 11-3-2015.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 December 8, 2015 meeting and discussion of Future Agenda Items, to include discussion of the below item from the Future Agenda List: A) Consider and take appropriate action regarding adding a parking lot between the baseball fields. (Reed 8/11/2015) (1-November 10) Town Council Page 277 of 282 Meeting Date: November 10, 2015 Meeting Date 12/8/2015 No.Consent STAFF RPT RES ORD PROC File ID Dept 1 Consider and take appropriate action regarding the Minutes dated October 27, 2015.Town Sec 2 Consider and take appropriate action regarding the Minutes dated November 10, 2015.Town Sec 3 Consider and take appropriate action regarding the Minutes dated November 13, 2015.Town Sec No.Regular Session STAFF RPT RES ORD PROC File ID Dept 4 Consider and take appropriate action regarding an Ordinance of the Town Council to designate a person to serve as Chair of the Zoning Board of Adjustment. Town Sec 5 Receive an update from Susan Edstrom regarding the Animal Ordinance; discussion of same.Police 6 Consider and take appropriate action regarding the Police and Town Hall facility; receive an update from Tom Batenhorst with GSBS; discussion of same.Town Mgr 7 Consider and take appropriate action regarding the Trophy Club Women’s Club donation to the Town for the purchase tables and chairs for special events and activities. Parks 8 Consider and take appropriate action regarding the Veterans Memorial.Parks 9 Consider and take appropriate action regarding a Site Plan for Breadwinners.Com Dev 10 Consider and take appropriate action regarding a Specific Use Permit for Bread Winners for the sale of alcohol.Com Dev 11 Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and Greater Northwest Soccer Association; and authorizing the Mayor or his designee to execute all necessary documents. Parks 12 Consider and take appropriate action regarding the Public, Educational and Government (PEG) channel fee. Finance 13 Consider and take appropriate action regarding an Agreement between the Town and Marshall Creek Ranch for horse entry fees;and authorizing the Mayor or his designee to execute all necessary documents. Parks 14 Town Council Liaison Updates; discussion of same: Town Sec 15 Town Manager Seidel's update regarding the following; discussion and provide input regarding same.Town Mgr No.Upcoming Agenda & Council Future Agenda Items List Update STAFF RPT RES ORD PROC File ID Dept 16 Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for January 12, 2016 meeting and discussion of Future Agenda Items, to include discussion of the below items from the Future Agenda List: Town Sec 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) (5-November 24) 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) (5-November 24) C) 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) (2- November 24)Town Council Page 278 of 282 Meeting Date: November 10, 2015 D) Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July 28) (2-November 24) E) Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25) (2-November 24) F) 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) (2-November 24) No.Executive Session STAFF RPT RES ORD PROC File ID Dept 17 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 No.Regular Session STAFF RPT RES ORD PROC File ID Dept 18 Consider and take appropriate action regarding the Executive Session.Town Sec Town Council Page 279 of 282 Meeting Date: November 10, 2015 Town Council Future Agenda Items List (Updated 11/3/2015) 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) (5-November 24) 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. 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 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) (5-November 24) 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. 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 3. Consider and take appropriate action regarding adding a parking lot between the baseball fields. (Reed 8/11/2015) (1-November 10) 4. 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) (2-November 24) 7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda. 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 5. Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July 28) (2-November 24) 7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda. 8/25/2015 – Mayor Sanders commented to possibly look at this item at the end of the year in time for the next Women’s Garage Sale. 6. 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)(3-January 12, 2016) 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. 10/22/2015 – Town Staff anticipates Holiday Inn to submit a Site Plan change. 7. Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25) (2- November 24) 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 8. 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) (2-November 24) 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. Page 1 of 1 Town Council Page 280 of 282 Meeting Date: November 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0734-T Name: Status:Type:Agenda Item Executive Session File created:In control:10/30/2015 Town Council On agenda:Final action:11/10/2015 Title:Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into closed executive session to discuss the following: Texas Government Code 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: A) Legal Advice regarding water rate review request, and Public Utility Commission of Texas appeal process Attachments: Action ByDate Action ResultVer. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into closed executive session to discuss the following: Texas Government Code 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: A) Legal Advice regarding water rate review request, and Public Utility Commission of Texas appeal process Town Council Page 281 of 282 Meeting Date: November 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0735-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/30/2015 Town Council On agenda:Final action:11/10/2015 Title:Consider and take appropriate action regarding the Executive Session. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding the Executive Session. Town Council Page 282 of 282 Meeting Date: November 10, 2015