Loading...
Agenda Packet TC 12/08/2015Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:30 PMTuesday, December 8, 2015 CALL TO ORDER AND ANNOUNCE A QUORUM EXECUTIVE SESSION 1.2015-0778-T Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by: A. Section 551.071 “Consultation with Attorney” under Subsection (1) when then governmental body seeks the advice of its attorney about pending or contemplated litigation and Subsection (2) for consultation 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 (551.071(1) and (2)). (1) Legal Advice regarding zoning, comprehensive plan, platting, and other Town development and code regulations. (2) Legal Advice regarding water rate review and appeal pending at Public Utility Commission of Texas. (3) Legal advice regarding encroachment agreement, MUD proposed revisions, potential litigation by MUD, potential Town remedies/options, and impact on wastewater treatment plant project. B. Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town and Section 551.071 (2) "Consultation with Attorney", for Consultation with the 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 (551.071 (2)). (1) Development incentives for business prospects and development and legal advice regarding potential development, potential incentives and contractual agreements, and related matters. RECONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:00 P.M. Town Council Page 1 of 295 Meeting Date: December 8, 2015 December 8, 2015Town Council Meeting Agenda INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. 2.2015-0779-T Consider and take appropriate action regarding the Executive Session. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 3.2015-0760-T Consider and take appropriate action regarding the Minutes dated October 27, 2015. Draft TC Minutes October 27, 2015.pdfAttachments: 4.2015-0761-T Consider and take appropriate action regarding the Minutes dated November 10, 2015. Draft TC Minutes November 10, 2015.pdfAttachments: 5.2015-0762-T Consider and take appropriate action regarding the Minutes dated November 13, 2015. Draft TC Minutes November 13, 2015 Special Session.pdfAttachments: 6.2015-0783-T Consider and take appropriate action regarding financial and variance report dated October 2015. October Financial Report FY 15-16.pdf All Fund Budget Report 10.31.15.pdf Attachments: Town Council Page 2 of 295 Meeting Date: December 8, 2015 December 8, 2015Town Council Meeting Agenda 7.2015-0773-T Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas renumbering and correcting clerical errors within the Charter pursuant to Section 11.12 entitled “Renumber, Rename, Rearrange, Clerical, Typographical and Grammatical Error Correction” of Article XI entitled “General Provisions” of the Town of Trophy Club Home Rule Charter; providing for the Incorporation of Premises; providing for amendments to Section 4.08 entitled “Duties of the Town Secretary” of Article IV entitled “Administrative Services” by renumbering Subsection (d) and (e), renumbering Section 9.04 entitled “Budget” of Article IX entitled “Budget, Finance and Taxation” by changing the outline from 1-2-3 to (a)-(b)-(c), and amending section 11.15 entitled “Charter Review Commission” of article XI entitled “General Provisions” to correct a clerical error in order to add an “s” on the fourth line of the first paragraph; providing for Engrossment, Enrollment, and Certification; and providing an effective date. Staff Report - Charter Clerical Amendments.pdf ORD 2015-43 Renumber and Clerical Error Correction within Town Charter.pdf Home Rule Charter_REV04 - December 2015 - renumbering, etc.pdf Attachments: 8.2015-0784-T Consider and take appropriate action regarding an Ordinance amending subsection “B”, “Stop Signs”, of Section 2.03 "Traffic Control Devices” of Article II, “Traffic & Vehicles” of Chapter 10 “Public Safety” of the Code of Ordinances of the Town to designate additional stop intersections throughout the Town and authorizing the placement of additional stop signs at those intersections; providing for a penalty; and providing an effective date. Staff Report - Stop Sign Ordinance Revision.pdf ORD 2015-45 - Amending Chap 10 Art II Stop Signs.pdf Attachments: PUBLIC HEARING 9.2015-0763-T Conduct a public hearing regarding amendments to the Town of Trophy Club’s Code of Ordinances, amending Chapter 13-Zoning, Article VIII-Administration and Enforcement, Section 8.05, Zoning Board of Adjustment in order to provide for Town Council appointment of the Chairperson for the Zoning Board of Adjustment. Staff Report - ZBA Chair Appointment.pdf ORD 2015-46 P&Z - ZBA Chair Appointment Amendment.pdf Attachments: 10.2015-0796-T Conduct a public hearing regarding an Ordinance amending Ordinance No. 2002-41 P&Z, Planned Development District No. 25, located on Lot 2-R2, Block B, Trophy Wood Business Center at 3000 SH 114, approving a site plan for Tract 3 for Bread Winners Café. Staff Report - Bread Winners Site Plan.pdf Exhibit A - Application.pdf Exhibit B - Site Plan and Landscape Plan Set.pdf Exhibit C - Waiver Letter from Landscape Architect.pdf Exhibit D - PD 25 Ordinance.pdf Exhibit E - Location and Zoning Map.pdf Exhibit F - Proposed Ordinance No. 2015-44 PZ.pdf Attachments: Town Council Page 3 of 295 Meeting Date: December 8, 2015 December 8, 2015Town Council Meeting Agenda REGULAR SESSION 11.2015-0769-T Consider and take appropriate action regarding building materials and other aesthetic aspects of the new Joint Police and Town Hall Facility; receive an update from Tom Batenhorst with GSBS; discussion of same 12.2015-0800-T Consider and take appropriate action to appoint Steele & Freeman, Inc. to serve as Construction Manager at Risk for the Joint Town Hall and Police Administration Facility at a compensation not to exceed $594,719 for all services provided and authorizing the Town manager to negotiate and execute all contractual documents. Staff Report - CMAR.pdfAttachments: 13.2015-0768-T Receive an update from Susan Edstrom regarding the Animal Ordinance; discussion of same. 14.2015-0765-T Consider and take appropriate action regarding an Ordinance amending Chapter 13-Zoning, Article VIII-Administration and Enforcement, Section 8.05, Zoning Board of Adjustment in order to provide for Town Council appointment of the Chairperson for the Zoning Board of Adjustment; and providing an effective date. A. Consider and take appropriate action regarding a Resolution appointing a person to serve as Chairperson of the ZBA; and providing an effective date. RES 2015-39 - ZBA Chairman and reaffirming Annual Appointments.pdfAttachments: 15.2015-0767-T Consider and take appropriate action regarding an Ordinance amending Ordinance No. 2002-41 P&Z, Planned Development District No. 25, located on Lot 2-R2, Block B, Trophy Wood Business Center at 3000 SH 114, approving a site plan for Tract 3 for Bread Winners Café. 16.2015-0797-T Consider and take appropriate action regarding an amended plat for Lot 5, Block J, Canterbury Hills, Phase 1A, 21 Oxford Place, Town of Trophy Club, Denton County, Texas. Staff Report - Canterbury Hills Amended Plat.pdf Exhibit A - Amended Plat.pdf Exhibit B - Ordinance No. 2015-21 P&Z.pdf Exhibit C - Location and Zoning Maps.pdf Attachments: 17.2015-0799-T Discuss and provide direction to Town Staff regarding the Trophy Club Veterans Memorial and designate Council Members to work with Staff and the Trophy Club Women’s Club on the project. 18.2015-0782-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. ORD 2015-40 - Amending Overnight Parking.pdfAttachments: Town Council Page 4 of 295 Meeting Date: December 8, 2015 December 8, 2015Town Council Meeting Agenda 19.2015-0775-T Town Council Liaison Updates; discussion of same: *Parks and Recreation Board, November 16, 2015 Council Liaison - Council Member Philip Shoffner 20.2015-0776-T Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *EMS Supply Software *Reindeer Romp *Rain Event in Trophy Club Park 21.2015-0777-T 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: 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) 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) January 12, 2016 Upcoming Agenda.pdf Items for Future Agendas updated 11-25-2015.pdf Attachments: ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council Page 5 of 295 Meeting Date: December 8, 2015 December 8, 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 December 3, 2015, by 5:45 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 6 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0778-T Name: Status:Type:Agenda Item Executive Session File created:In control:11/17/2015 Town Council On agenda:Final action:12/8/2015 Title:Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by: A. Section 551.071 “Consultation with Attorney” under Subsection (1) when then governmental body seeks the advice of its attorney about pending or contemplated litigation and Subsection (2) for consultation 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 (551.071(1) and (2)). (1) Legal Advice regarding zoning, comprehensive plan, platting, and other Town development and code regulations. (2) Legal Advice regarding water rate review and appeal pending at Public Utility Commission of Texas. (3) Legal advice regarding encroachment agreement, MUD proposed revisions, potential litigation by MUD, potential Town remedies/options, and impact on wastewater treatment plant project. B. Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town and Section 551.071 (2) "Consultation with Attorney", for Consultation with the 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 (551.071 (2)). (1) Development incentives for business prospects and development and legal advice regarding potential development, potential incentives and contractual agreements, and related matters. Attachments: Action ByDate Action ResultVer. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by: A. Section 551.071 “Consultation with Attorney” under Subsection (1) when then governmental body seeks the advice of its attorney about pending or contemplated litigation and Subsection (2) for consultation 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 (551.071(1) and (2)). (1) Legal Advice regarding zoning, comprehensive plan, platting, and other Town development and code regulations. (2) Legal Advice regarding water rate review and appeal pending at Public Utility Commission of Texas. (3) Legal advice regarding encroachment agreement, MUD proposed revisions, potential litigation by MUD, potential Town Council Page 7 of 295 Meeting Date: December 8, 2015 File #:2015-0778-T,Version:1 Town remedies/options, and impact on wastewater treatment plant project. B. Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town and Section 551.071 (2) "Consultation with Attorney", for Consultation with the 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 (551.071 (2)). (1) Development incentives for business prospects and development and legal advice regarding potential development, potential incentives and contractual agreements, and related matters. Town Council Page 8 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0779-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/17/2015 Town Council On agenda:Final action:12/8/2015 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 9 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0760-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:11/17/2015 Town Council On agenda:Final action:12/8/2015 Title:Consider and take appropriate action regarding the Minutes dated October 27, 2015. Attachments:Draft TC Minutes October 27, 2015.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Minutes dated October 27, 2015. Town Council Page 10 of 295 Meeting Date: December 8, 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 27, 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 27, 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 arrived at 7:06 p.m. Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Stephen Seidel Town Manager Patricia Adams Town Attorney Steven Glickman Assistant Town Manager/CFO Holly Fimbres Town Secretary/RMO Adam Adams Parks and Recreation Director Pat Cooke Development Services Manager Ron Ruthven Town Planner Tracey Shields Police Lieutenant Danny Thomas Fire Chief Mayor Sanders announced the date of Tuesday, October 27, 2015, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Council Member Parrow. The Pledges were led by Council Member Shoffner. (Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations; Consent Agenda; Item No. 6; Item No. 7; Item No. 8; Item No. 9; Item No. 10; Item No. 11; Item No. 13; Item No. 14; Item No. 15; Executive Session; and Items No. 17 and 12 were presented simultaneously) 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 27, 2015 Page 1 of 37Town Council Page 11 of 295 Meeting Date: December 8, 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 22, 2015. (Town Secretary Note: Approved as presented in the Town Council agenda packet) 2. Consider and take appropriate action regarding the Minutes dated September 28, 2015. (Town Secretary Note: Approved as presented in the Town Council agenda packet) 3. Consider and take appropriate action regarding financial and variance report dated September 2015. 4. Consider and take appropriate action regarding the Fourth Quarter Investment Report for Fiscal Year 2015. 5. Consider and take appropriate action regarding the approval of the Town's application for Electric Reliability Council of Texas (“ERCOT”) membership for 2016 and the ERCOT Membership Agreement; authorizing the payment of required membership fees; and authorizing the Mayor or his designee to execute all necessary documents. Attachment A – ERCOT Membership Agreement 6. Consider and take appropriate action regarding a Resolution of the Town Council in support of statewide Proposition 7 for increased State funding for transportation; and providing an effective date. Council Member Parrow requested to remove Item No. 6 from the Consent Agenda. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve the Consent Agenda Item No. 1 through 5. Motion passed unanimously. REGULAR SESSION 6. Consider and take appropriate action regarding a Resolution of the Town Council in support of statewide Proposition 7 for increased State funding for transportation; and providing an effective date. Council Member Parrow stated that he removed the item due to the fact that there were seven other propositions on the ballot and he questioned the appropriateness of selecting one proposition to publicly support. Mayor Sanders stated that the Regional Transportation Council requested support of the proposition and no other entity requested support of the other propositions. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to approve Resolution No. 2015- 34, supporting statewide Proposition 7 for increased State funding for transportation; and providing an effective date of October 27, 2015. Motion carried 6-1-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Reed, Rowe, Kurtz, and Shoffner voting for, and Council Member Parrow voting against. Town Council Minutes October 27, 2015 Page 2 of 37Town Council Page 12 of 295 Meeting Date: December 8, 2015 DR A F T 7. 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. Mayor Sanders commented that the scale model is on display in the Community Services lobby. No action was taken on this item. 8. Consider and take appropriate action regarding an Ordinance of the Town repealing Subsection “A”, “Reservations” of Section 8.12, “Parks and Recreation” of Article VIII, “Schedule of Fees” of Chapter 1, “Administration” and adopting a new Section 8.12(A), “Reservations” of Article VIII, Chapter 1 of the Code of Ordinances adopting park fees for pavilion rental and tournaments; providing for publication and providing an effective date. Town Manager Seidel provided an update regarding the item and stated that the ordinance included a proposal for a baseball tournament gate fee and a tournament overflow game fee. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve Ordinance No. 2015-37, repealing Subsection “A”, “Reservations” of Section 8.12, “Parks and Recreation” of Article VIII, “Schedule of Fees” of Chapter 1, “Administration” and adopting a new Section 8.12(A), “Reservations” of Article VIII, Chapter 1 of the Code of Ordinances adopting park fees for pavilion rental and tournaments. Council Member Shoffner inquired about soccer tournaments. Parks and Recreation Director Adams advised that the soccer association only had one scheduled tournament last year, which was run as a benefit for a local group. He suggested that based on having one tournament per year, tournaments should be addressed in their contract verses the schedule of fees. The vote was taken. Motion passed unanimously. 9. Consider and take appropriate action regarding a Right-of-Way Encroachment and Joint Use Agreement between the Town and Trophy Club Municipal Utility District No. 1 for the Wastewater Treatment Plant site; and authorizing the Mayor or his designee to execute all necessary documents. Attachment B – Partially Executed – Right-of-Way Encroachment and Joint Use Agreement Motion: Motion made by Council Member Parrow, seconded by Council Member Kurtz, to approve the Right-of-Way Encroachment and Joint Use Agreement between the Town and Trophy Club Municipal Utility District No. 1 for the Wastewater Treatment Plant site; and authorizing the Mayor or his designee to execute all necessary documents. Motion passed unanimously. 10. Discuss and provide direction to staff regarding potential amendments to the Town golf cart ordinance in order to address the use of special vehicles on Town roads. Attachment C – Texas Department of Public Safety Handout and Transportation Code Mayor Sanders commented that a couple of citizens had contacted him regarding the requirement of license plates for special vehicles. Town Attorney Adams advised that the Town currently allows Low-Speed Vehicles (LSV) and Neighborhood Electric Town Council Minutes October 27, 2015 Page 3 of 37Town Council Page 13 of 295 Meeting Date: December 8, 2015 DR A F T Vehicles (NEV) and that they are required to have a license plate issued by the State of Texas, but that they are not required to obtain a Town permit. Police Lieutenant Shields commented that the issue is State law requires NEV’s and LSV’s to be licensed and that the Town does not have authority to circumvent State law requiring less of a restriction. She pointed out that NEV’s have a vehicle identification number (VIN) number and golf carts have serial numbers. Additionally, she advised that there have only been two residents that were informed that they needed to obtain a license plate for their NEV’s. Mayor Sanders received consensus not to require a Town permit for NEV’s or LSV’s since they were already required to obtain a license plate. Council Member Shoffner commented that the current ordinance already addresses the subject regarding a Town permit not being required for NEV’s and LSV’s because they fall under the Texas Transportation Code. No action was taken on this item. 11. Discuss and provide direction to staff regarding potential amendments to the Town overnight parking ordinance and permit system, including extended temporary permits. Council Member Shoffner provided a brief history related to the changes made to the overnight parking ordinance, which began with Ordinance No. 1986-09. A couple years later, Ordinance No. 1988-23 and Ordinance No. 1988- 26 implemented the ability to park with a permit, instituted a $50 fee per vehicle, and that there were four (4) or more vehicles in the household of the person requesting the permit. Then Ordinance No. 2004-09 required a $50 permit fee per vehicle, which was non-transferrable, and remained in effect until the vehicle was sold. In 2006, Ordinance No. 2006-09 lowered the amount of vehicles to three (3) or more vehicles in the household of the person requesting the permit, the fee was raised to $150 for the first three (3) vehicles, the fourth vehicle had a permit fee of $50, and the annual renewal fee was $10. In 2011, Ordinance No. 2011-39 implemented a maximum of two (2) permits may be issued per household, an annual renewal fee of $75, permits issued on a calendar year basis, omitted the visitor section and added an extraordinary circumstance section, and temporary permits are $10 and are not to exceed seven (7) days. Additionally, he suggested that the fee should be a flat rate of $100 each year. Police Lieutenant Shields stated that the current ordinance requires that three (3) or more vehicles be registered to the address of the person requesting the permit. She added that there are several residents that have company vehicles and that currently permits are not allowed for company vehicles. She advised that a possible solution would be to take out the section that requires the vehicles to be registered with the residence. Additionally, she stated that currently there are approximately 14 valid permits. Discussion took place that from October 27, 2014 to October 27, 2015, there have been 373 warnings issued and 21 citations issued for violation of the parking from 3 a.m. to 5 a.m. Council Member Shoffner suggested removing “temporary visitor parking when capacity of driveway is insufficient to hold all Motor Vehicles” from Section 3 of the proposed ordinance, listed on page 300 of the Council Agenda Packet. Additionally, he requested that the following language be added back to the proposed ordinance: “It shall not be a violation of this ordinance for a non-resident of the Town, while visiting a resident of the Town, to park or stand a vehicle owned or controlled by the non-resident 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 by no later than 5:00 p.m. of the immediately previous day. Such parking or standing shall not exceed seven (7) consecutive days nor a total of fourteen (14) days in any one calendar month. 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”. Town Council Minutes October 27, 2015 Page 4 of 37Town Council Page 14 of 295 Meeting Date: December 8, 2015 DR A F T Discussion took place to remove “nor a total of fourteen (14) days in any one calendar month” from the above mentioned language to be added to the proposed ordinance so that it reads: “It shall not be a violation of this ordinance for a non-resident of the Town, while visiting a resident of the Town, to park or stand a vehicle owned or controlled by the non-resident 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 by no later than 5:00 p.m. of the immediately previous day. Such parking or standing shall not exceed seven (7) consecutive days. 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”. Mayor Sanders received consensus to change both the permit fee of $150 and the renewal fee of $75 to $100. Council Member Reed commented that he was in favor of the current ordinance because he believed that it helps make the Town unique. He stated that he would encourage a policy that keeps vehicles off the street during the early hours. Mayor Sanders stated that he supported the concept of obtaining a permit to help keep vehicles off the street, but that there are certain circumstances for residents with multiple vehicles and different work schedules, or college students home for the summer. He supported having a temporary permit in place for 90 days so that residents do not have to constantly renew their permits. Council Member Rowe commented that he understands the need for a temporary permit and that he would be in favor of a 90 day permit but that there be an opportunity to discuss the permit fee amount. Discussion took place regarding the fee and timeframe for temporary permits. Additional conversation took place that the more prevalent times of year for complaints are during the summer and holiday season. Council Member Shoffner commented that he would like to establish, under Section 4, for annual and temporary permits, that vehicles would be required to park in front of the residence where the permits were issued, with the exception that if the Town or the Trophy Club Municipal Utility District No. 1 needed to perform driveway repair or construction. Mayor Sanders received consensus to bring the item back for discussion. Council Member Rowe commented that he would like the residents to understand that the nature of the ordinance was to provide aesthetics and safety to the Town. No action was taken on this item. 12. Discuss and take appropriate action regarding a water rate review request, and Public Utility Commission of Texas appeal process. The Council met in Executive Session and took action for Item No. 12 simultaneously with Item No. 17. 13. Town Council Liaison Updates; discussion of same: *Parks and Recreation Board, October 19, 2015 Council Liaison - Council Member Philip Shoffner Provided update, no action taken, just discussion. 14. Town Manager Seidel's update regarding the following; discussion and provide input regarding same. • Early Voting Dates • Implementation of Laserfiche • Community Clean Up Town Council Minutes October 27, 2015 Page 5 of 37Town Council Page 15 of 295 Meeting Date: December 8, 2015 DR A F T • Fall Festival Town Manager Seidel updated the Council and addressed questions; no action taken, update only. 15. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for November 10, 2015 meeting and discussion of Future Agenda Items. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. A) 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. (Parrow 7/28/2015) Council Member Parrow explained his reasoning for proposing a policy to allow the Town to lower flags to half- staff at times of National tragedy when there is a delay in doing so, which included the following: 1) National concern because of the time that passed before the flags were lowered to half-staff to honor the five servicemen that were killed by terrorist in Chattanooga; 2) Inconsistency over the last four years of when the flag was lowered or not lowered; and 3) As a veteran, he would like to be able to ensure that this kind of oversight does not occur again. He briefly went over the Flag Code guidelines and accepted uses of the flag even though they are technically in violation. Additionally, he highlighted a suggested policy which provided a rationale section. Council Member Shoffner commented that he would be reluctant to have the policy open-ended to have the Town Manager have to make those decisions without going before Council. Council Member Rowe stated that for purposes of discussion, to draft the policy giving the authority to the Mayor. He commented that he would like each state flag code that was mentioned, to be crossed reference to ensure that there are no conflicts. Additionally, he asked that the Town Charter be reviewed to ensure that assigning this duty to the Mayor would not be prohibited. Council Member Shoffner stated that he would like the policy to mention who is responsible for lowering the flags, as well as which flags would be lowered. Mayor Sanders requested Town Staff to proceed with preparing the draft policy to be presented at the next Council meeting. Mayor Sanders requested to add a column to the upcoming agendas to allow for numbering of the agenda items. Mayor Pro Tem Lamont commented to add a row that titles the Town Council Future Agenda Items List and to add the 90 day trigger date for those items when they are on the agenda for discussion. Mayor Sanders requested to remove the following items from the Town Council Future Agenda Items list: • Consider and take appropriate action regarding reviewing schedules of fees for outside baseball tournaments and capacity. (Lamont 12/9/2014) • Review of ordinance to allow golf carts but not including special vehicles. (Sanders 4/28/2015) • Review the overnight parking permit and review allowing an extended temporary permit. (Sanders 5/26/2015) • 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. (Parrow 7/28/2015) Town Council Minutes October 27, 2015 Page 6 of 37Town Council Page 16 of 295 Meeting Date: December 8, 2015 DR A F T EXECUTIVE SESSION 16. 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 – 8:17 P.M. RECONVENED INTO REGULAR SESSION - START TIME – 8:45 P.M. RECONVENED INTO REGULAR SESSION 17. Consider and take appropriate action regarding the Executive Session. Mayor Sanders stated that the Council has been trying to understand the Public Utility Commission appeal process and that at the previous Council meeting, action was taken to engage the Town Council Finance Subcommittee to further evaluate the financial matters. He added that Assistant Town Manager/CFO Glickman met with Bill Rose and that on October 26, 2015, the Subcommittee met with the Town Manager and Assistant Town Manager/CFO to review the data. Motion: Motion made by Mayor Sanders, seconded by Council Member Parrow, to direct the Town Manager to contact the TCMUD No. 1 General Manager to collect additional information that the Subcommittee felt was missing in order for the Council to make a fair evaluation of the data, and attempt to receive the data prior to the next Council meeting. Motion passed unanimously. ADJOURN Motion made by Council Member Parrow, seconded by Council Member Rowe, to adjourn. Motion carried unanimously. Meeting adjourned at 8:47 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 27, 2015 Page 7 of 37Town Council Page 17 of 295 Meeting Date: December 8, 2015 DR A F T ATTACHMENT A ERCOT Membership Agreement Town Council Minutes October 27, 2015 Page 8 of 37Town Council Page 18 of 295 Meeting Date: December 8, 2015 DR A F T ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. MEMBERSHIP APPLICATION AND AGREEMENT FOR MEMBERSHIP YEAR 2016 This Membership Application and Agreement ( Agreement) is by and between Electric Reliability Council of Texas Inc. (ERCOT) and Town of Trophy Club (Applicant). In consideration of the mutual covenants contained herein, the parties hereby agree that the Applicant shall become an ERCOT Member and receive the ERCOT Member Services and benefits described herein, subject to the terms and conditions of this Agreement. This Agreement shall be effective as of the date signed by the Applicant provided that the Applicant meets all of the qualifications for ERCOT Membership. Capitalized terms that are not defined in this Agreement shall have the meaning as defined in the ERCOT Bylaws or the ERCOT Protocols. A. Membership Application Information 1. Name of Entity applying for Membership: Town of Trophy Club 2. Type of Membership: Check ONE type of Membership. Affiliated Entities as defined in the ERCOT Bylaws may hold only one Corporate Membership. Entities applying for additional Memberships, such as an Associate Membership, must use a separate Agreement for each Membership. The applicable fees are listed below and entitle Members to services ERCOT provides such as hosting ERCOT meetings, providing Members with necessary information and such other Member Services as may from time to time be offered. Please note that any Member may request that the Member's Annual Member Service Fees be waived for good cause shown. Corporate. Voting. $2,000 per Membership Year (except Residential and Commercial Consumer Members fees are $100 per year). Corporate Membership includes the right to vote on matters submitted to the general membership such as election of Board Directors, election of Technical Advisory Committee (TAC) Representatives and TAC subcommittees thereof and amendments to the Articles of Incorporation and the ERCOT Bylaws. Residential Consumer Members do not elect a Director to represent the Residential Consumer interests as the Public Counsel is mandated to represent these interests. Associate. Non-voting. $500 per Membership Year (except Residential and Commercial Consumer Members fees are $50 per year). Associate Membership includes no voting rights. However, an Associate Member may be elected by Corporate Members to serve as a voting member of the Board, TAC or a TAC subcommittee thereof. Adjunct. Non-voting. $500 per Membership Year. Entities not meeting the Segment requirements for Membership may join as Adjunct Members upon Board approval. Adjunct Membership does not include voting rights or the right to be elected to the Board, TAC or a TAC subcommittee thereof. The Applicable Annual Member Services Fee must accompany this Agreement and be delivered to ERCOT by the Record Date in order for the Member to participate in the elections for the Membership Year. Please make checks payable to ERCOT and mail to ERCOT, Attention: Treasury Department, 7620 Metro Center Drive, Austin, Texas 78744. Please send an email to membership a,ercot.com for wire instructions. Town Council Minutes October 27, 2015 Page 9 of 37Town Council Page 19 of 295 Meeting Date: December 8, 2015 DR A F T 4. Segment Participation: (Check ONE Segment designation.) Consumer. Any Entity representing the interests of end-users of electricity in the ERCOT Region. Check ONE Subsegment designation: Residential Consumer Small Commercial Consumer (Peak demand of 1000 KW or less) Large Commercial Consumer (Peak demand greater than 1000 KW) Industrial Consumer (Average monthly demand greater than 1 megawatt and engaged in an industrial process) Cooperative. An Entity operating in the ERCOT Region that is: (i) a corporation organized under Chapter 161 of the Texas Utilities Code or a predecessor statute to Chapter 161 and operating under that chapter; (ii) a corporation organized as an electric cooperative in a state other than Texas that has obtained a certificate of authority to conduct affairs in the State of Texas; (iii) a cooperative association organized under Tex.Rev.Civ.Stat. 1396-50.01 or a predecessor to that statute and operating under that statute; or (iv) a River Authority as defined in Tex. Water Code §30.003. Independent Generator. Any Entity that is not a Transmission and Distribution Entity T&D Entity) or an Affiliate of a T&D Entity and (i) owns or controls generation of at least 10 MW in the ERCOT Region; or (ii) is preparing to operate and control generation of at least 10 MW in the ERCOT Region, and has approval of the appropriate governmental authority, has any necessary real property rights, has given the connecting transmission provider written authorization to proceed with construction and has provided security to the connecting transmission provider. Independent Power Marketer. Any Entity that is not a T&D Entity or an Affiliate of a T&D Entity and is registered at the Public Utility Commission of Texas (PUCT) as a Power Marketer to serve in the ERCOT Region. Independent REP. Any Entity that is certified by the PUCT to serve in the ERCOT Region as a Retail Electric Provider (REP) under PURA §39.352 and that is not an Affiliate of a T&D Entity operating in the ERCOT Region. Aggregators may register to participate in this Segment if unable to qualify in any other Segment. Investor -Owned Utility. (i) An investor -held, for-profit "electric utility" as defined in PURA §31.002(6) that (a) operates within the ERCOT Region, (b) owns 345 kV interconnected transmission facilities in the ERCOT Region, (c) owns more than 500 pole miles of transmission facilities in the ERCOT Region, or (d) is an Affiliate of an Entity described in (a), (b) or (c); or ii) a public utility holding company of any such electric utility. Municipal. An Entity operating in the ERCOT Region that owns or controls transmission or distribution facilities, owns or controls dispatchable generating facilities, or provides retail electric service and is either: (i) a municipally owned utility as defined in PURA § 11.003 or (ii) a River Authority as defined in Tex. Water Code §30.003. Town Council Minutes October 27, 2015 Page 10 of 37Town Council Page 20 of 295 Meeting Date: December 8, 2015 DR A F T 5. Identify your designated representative for required notices to ERCOT Members, participation in meetings of the Corporate Members and voting issues: Name: Stephen Seidel Title: Town Manaeer Address: 100 Municipal Drive City, State, Zip: Trophy Club, TX 76262 Phone: 682-831-4600 Fax: 817-491-9312 Email: sseidel _ t`oph, clyub.org 6. List any other ERCOT Memberships held by the Applicant or any Affiliates (attach extra pages if necessary): a) Entity name: Segment: b) Entity name: Segment: c) Entity name: Segment: B. Membership Agreement 1. Membership. Membership in ERCOT is open to any Entity that meets any of the Segment definitions set forth in the Bylaws. Members must be an organization that either operates in the ERCOT Region or represents consumers within the ERCOT Region. Members may join as a Corporate, Associate or Adjunct Member subject to the criteria set forth in the ERCOT Bylaws. Members must apply for Membership through an authorized officer or agent. 2. Fees. Annual Member Services Fees are described in the ERCOT Bylaws and may be changed through the procedure set forth therein. Any change in fees shall automatically become effective as to all ERCOT Members without the necessity of amending this Agreement. All Memberships are year to year and must be renewed annually. Annual Member Services Fee renewals shall be due by the record date for the annual membership meeting. Membership fees may not be prorated. This Agreement shall renew in yearly increments upon ERCOT's receipt of the following (1) Member's Renewal Application and (2) Member's applicable Annual Member Services Fee. Any Member may request that the Member's Annual Member Service Fees be waived for good cause shown. 3. Application for Membership. Members will submit the following items in order to apply for Membership: (i) payment of the Annual Member Services Fee and (ii) a signed copy of this Agreement. Upon approval, ERCOT will promptly notify Member Applicant of the same. 4. Change of Designated Representative. An ERCOT Member may change its representative at any time by written request (signed by a duly authorized representative of the ERCOT Member) submitted to the ERCOT Legal Department at membership(a,ercot.com. 5. Suspension and Expulsion. All ERCOT Members shall abide by the ERCOT Bylaws, as they may be amended from time to time, and any other rule or regulation duly adopted by the Board of Town Council Minutes October 27, 2015 Page 11 of 37Town Council Page 21 of 295 Meeting Date: December 8, 2015 DR A F T Directors. Any ERCOT Member, who willfully violates any provision of this Agreement, the ERCOT Bylaws, or any other rule or regulation duly adopted by the Board of Directors, may be reprimanded, suspended, and/or expelled in accordance with procedures adopted by the Board of Directors or set forth in the ERCOT Bylaws. Such action will affect all persons deriving Membership privileges through such ERCOT Member. 6. Amendment. This Agreement may be amended, modified, superseded, canceled, renewed, or extended and the terms and conditions hereof may be waived only by a written instrument executed by both parties hereto or, in the case of a waiver, by the party waiving compliance. 7. Governing Law. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Texas that apply to contracts executed in and performed entirely within the State of Texas, without reference to any rules of conflict of laws. Parties consent to the exclusive jurisdiction of Texas. IN WITNESS WHEREOF, the Member certifies that (i) the Member meets the requirements for ERCOT Membership in the Segment designated herein; (ii) all information provided herein is true and correct to the best of the Member's knowledge; and (iii) through its authorized representative the Member agrees to be bound by the terms of this Agreement, the ERCOT Bylaws and any other requirements duly adopted by the Board of Directors. By: Printed Name: C. Nick Sanders Title: Mayor Date: October 27h, 2015 Town Council Minutes October 27, 2015 Page 12 of 37Town Council Page 22 of 295 Meeting Date: December 8, 2015 DR A F T ATTACHMENT B Partially Executed – Right-of-Way Encroachment and Joint Use Agreement Town Council Minutes October 27, 2015 Page 13 of 37Town Council Page 23 of 295 Meeting Date: December 8, 2015 DR A F T Right-of-Way Encroachment and Joint Use Agreement Between the Town of Trophy Club, Texas and Trophy Club Municipal Utility District No. 1 This Right-of-Way Encroachment and Jo int Use Agreement (hereinafter "Agreement"), is made by and between the Town of Trophy Club , Texas , a Home Rule Municipal Corporation (hereinafter "TOWN ") and the Trophy Club Municipal Utility District No . 1, a Special District created and operating under the Texas Constitution and other state law , (hereinafter "DISTRICT"). WHEREAS , TOWN is the regulatory authority governing development of land within the territorial limits of the Town of Trophy Club ; and WHEREAS , DISTRICT is a governmental entity owning and developing property (described below) within the Town of Trophy Club ; and WHEREAS , Town and District have determined that entering into this Agreement is necessary in order for the orderly development of both DISTRICT's property and TOWN 's right-of-way ; and NOW THEREFORE, the parties hereto , for and in consideration of the mutual covenants and agreements contained herein , agree as follows : I. Encroachment and Right-of-Way Use TOWN does hereby consent and agree to permit and allow DISTRICT to maintain existing , and as specified herein , authorize future , encroachments of buildings , structures , equipment, fences , paving and driveways intended for vehicular access within the public right-of-way (ROW), as designated on the approved Final Plat on property owned by DISTRICT , such land being situated on Lot 1, Block A , of Trophy Club Municipal Utility District No. 1 Wastewater Treatment Facility Addition in the Town of Trophy Club, Denton County , Texas , (hereinafter the "Property"). DISTRICT does hereby agree to the conditions of use of the ROW in accordance with the terms of this Agreement. TOWN shall have continuous use of the ROW , and no consent or agreement contained herein shall cause or serve as an impediment to TOWN use of the ROW provided that such use is in accordance with the terms of this Agreement. Further, TOWN acknowledges that the ROW lies behind the secure area at the DISTRICT'S wastewater treatment plant which is protected by a security fence. TOWN agrees that it will not enter the secure area without first obtaining permission of the DISTRICT , such permission shall not be unreasonably or unduly withheld . Town Council Minutes October 27, 2015 Page 14 of 37Town Council Page 24 of 295 Meeting Date: December 8, 2015 DR A F T II. Maintenance of Structures in ROW The DISTRICT shall maintain all existing and future facilities , improvements , equipment , structures and related appurtenances situated thereon in the ROW; and , the TOWN shall not become responsible for such maintenance at any time in the future. 111. Indemnification To the extent allowed by law, the DISTRICT does hereby agree to indemnify and hold harmless the TOWN from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the ROW or act of omission, neglect or wrong doing of DISTRICT, his/her officers, agents, employees, invitees or other persons, with regard to the improvements and maintenance of such improvements; and the DISTRICT shall to the extent allowed by law, at its own cost and expense, defend and protect the TOWN against any and all such claims and demands. At such time as the TOWN occupies the ROW, the indemnification provided by DISTRICT in this paragraph shall cease. IV. Discontinuation or Removal of Improvements in ROW The DISTRICT shall arrange for all activities and improvements in the ROW to be discontinued and/or removed within One Hundred Eighty (180) days of written notification, at the discretion of the TOWN , for construction of any public roadway , emergency access roadway, sidewalk or trail within, or adjacent to, the subject ROW. This provision does not apply to underground piping as allowed for use by the District pursuant to state law which shall not be subject to discontinuation or removal. v. Compliance with Applicable Laws No term or prov1s1on of this Agreement shall absolve DISTRICT or DISTRICT'S Property , as defined herein , from compliance with all Ordinance, Code , permit or development requirements of the TOWN except as has been expressly waived or varied by TOWN and/or TOWN agencies. VI. Improvements within the ROW The TOWN shall not consider any improvement or facility existing or constructed within the subject ROW by the DISTRICT as a public improvement or community facility for enforcing the provisions of the TOWN subdivision regulations. Right-of-Way Encroachment and Joint Use Agreement Page 2 of 5 Town Council Minutes October 27, 2015 Page 15 of 37Town Council Page 25 of 295 Meeting Date: December 8, 2015 DR A F T VII. No Compensation Neither the DISTRICT , nor its successors or assigns , shall seek compensation from TOWN for loss of the value of any improvements made in the ROW pursuant to this Agreement at such future date when TOWN requires DISTRICT removal of DISTRICT improvements in the ROW. VIII. Perimeter Street Fee The requirement of payment of a perimeter street fee , as described in TOWN subdivision regulations, in the amount of EIGHTY SIX THOUSAND AND N0/100 DOLLARS ($86,000.00) as determined by the Town Engineer in lieu of required roadway improvements within the subject ROW, is hereby deferred until such time that the Town Council requires payment in conjunction with TOWN construction of a roadway within the ROW. The DISTRICT shall have sixty (60) days upon such action by the TOWN Council to pay such amount; provided however, that the DISTRICT's obligation to pay the perimeter street fee will expire if the Town does not construct a roadway within the subject ROW within twenty (20) years from the date of this Agreement. IX. Term/Binding Covenant This Agreement shall bind all future owners of the Property and shall for all purposes be considered a covenant running with the Property. x. Additional Improvements by DISTRICT No additional improvements , private or public, shall be allowed to be constructed within the ROW unless specifically approved in writing by the TOWN through action of the Town Council. This paragraph does not apply to the construction of underground piping as allowed by state law for DISTRICT operations which the DISTRICT shall be allowed to construct without seeking TOWN approval. XI. Termination This Agreement shall terminate upon the occurrence of one or more of the following conditions : a . A majority vote to terminate the agreement by both the governing body of TOWN and of DISTRICT; or b . Full abandonment of the ROW by the TOWN ; or Right-of-Way Encroachment and Joint Use Agreement Page 3 of 5 Town Council Minutes October 27, 2015 Page 16 of 37Town Council Page 26 of 295 Meeting Date: December 8, 2015 DR A F T c. Upon expiration of twenty (20) years from the date of this Agreement. XII. Miscellaneous Provisions 12.01 Consideration . The Parties agree that sufficient consideration for this Agreement exists and is found in the cross promises set forth herein . 12.02 Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas , and all obligations of the parties created hereunder are performable in Denton County , Texas . Venue for any action arising under this Agreement shall lie in the state district courts of Denton County , Texas . 12.02 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. 12.03 Entire Agreement. This Agreement represents the entire agreement between TOWN and DISTRICT and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument approved by the governing bodies of both TOWN and DISTRICT and executed by those authorized to sign on behalf of the respective governing bodies . 12.04 Immunity and Defenses. It is expressly understood and agreed that , in the execution of this Agreement, no party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations , express or implied, other than those set forth herein , and this Agreement shall not create any rights in parties not signatories hereto . 12.05 Severability Clause. The provisions of this Agreement are severable . If any paragraph , section , subdivision , sentence , clause , or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation have the force and effect of the law , the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included . 12.08 No Joint Venture or Agency . The relationship between the parties to this Agreement shall not be construed or deemed to create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. 12.09 Default. In the event of a breach of this Agreement by either party, the other Right-of-Way Encroachment and Joint Use Agreement Page 4 of 5 Town Council Minutes October 27, 2015 Page 17 of 37Town Council Page 27 of 295 Meeting Date: December 8, 2015 DR A F T party may pursue any remedies available to it at law or in equity. 12.10 Effective Date. The effective date of this Agreement shall be the last day this Agreement is approved by a party hereto as indicated on the signature blocks below (the "Effective Date"). EXECUTED in duplicate originals on the dates set forth below. TOWN OF TROPHY CLUB 100 Municipal Drive Trophy Club , Texas 76262 C . Nick Sanders, Mayor Town of Trophy Club , Texas Dated: )q/L7/ 15 ~;AS TO FORM : Patricia A. ~y Town of Trophy Club , Texas TROPHY CLUB MUNICIPAL DISTRICT NO. 1 100 Municipal Drive Trophy Club, Texas 76262 [SEAL] ATTEST: Kevin R. Carr, Secretary!Treasurer Trophy Club Municipal District No . 1 Right-of-Way Encroachment and Joint Use Agreement Jim Moss, President Trophy Club Municipal District No. 1 Dated : APPROVED AS TO FORM: Pamela Liston, District Attorney Trophy Club Municipal District No. 1 Page 5 of 5 Town Council Minutes October 27, 2015 Page 18 of 37Town Council Page 28 of 295 Meeting Date: December 8, 2015 DR A F T ATTACHMENT C Texas Department of Public Safety Handout and Transportation Code Town Council Minutes October 27, 2015 Page 19 of 37Town Council Page 29 of 295 Meeting Date: December 8, 2015 D R A F T T E X A S D E P A R T M E N T O F P U B L I C S A F E T Y M O T O R C Y C L E / A T V S A F E T Y U N I T V E H I C L E D E S C R I P T I O N S A N D R E Q U I R E M E N T S MO P E D M O T O R C Y C L E A U T O C Y C L E A L L - T E R R A I N V E H I C L E VEHICLE DEFINITION "Mo p e d " m e a n s a m o t o r - d r i v e n " M o t o r c y c l e " m e a n s a m o t o r v e h i c l e , o t h e r " A u t o c y c l e " m e a n s a m o t o r v e h i c l e , o t h e r " A l l - t e r r a i n v e h i c l e " m e a n s a m o t o r v e h i c l e cycl e t h a t c a n n o t a t t a i n a s p e e d t h a n a t r a c t o r , t h a t i s e q u i p p e d w i t h a r i d e r ' s t h a n a t r a c t o r , t h a t i s : t h a t i s : in on e m i l e o f m o r e t h a n 3 0 m i l e s s a d d l e a n d d e s i g n e d t o h a v e w h e n p r o p e l l e d ( 1 ) d e s i g n e d t o h a v e w h e n p r o p e l l e d n o t ( A ) e q u i p p e d w i t h a s a d d l e f o r t h e u s e o f : per h o u r a n d t h e e n g i n e o f w h i c h : n o t m o r e t h a n t h r e e w h e e l s o n t h e g r o u n d . m o r e t h a n t h r e e w h e e l s o n t h e g r o u n d ; ( i ) t h e r i d e r ; a n d (A) c a n n o t p r o d u c e m o r e t h a n T R C 5 4 1 . 2 0 1 ( 9 ) ( 2 ) e q u i p p e d w i t h a s t e e r i n g w h e e l ; ( i i ) a p a s s e n g e r , i f t h e m o t o r v e h i c l e i s two- b r a k e h o r s e p o w e r ; a n d ( 3 ) e q u i p p e d w i t h s e a t i n g t h a t d o e s n o t d e s i g n e d b y t h e m a n u f a c t u r e r t o t r a n s p o r t a (8) i f a n i n t e r n a l c o m b u s t i o n " M o t o r - d r i v e n c y c l e " m e a n s a m o t o r c y c l e r e q u i r e t h e o p e r a t o r t o s t r a d d l e o r s i t p a s s e n g e r ; engi n e , h a s a p i s t o n e q u i p p e d w i t h a m o t o r t h a t h a s a n e n g i n e a s t r i d e t h e s e a t ; a n d ( 8 ) d e s i g n e d t o p r o p e l i t s e l f w i t h t h r e e o r displ a c e m e n t o f 5 0 c u b i c p i s t o n d i s p l a c e m e n t o f 2 5 0 c u b i c c e n t i m e t e r s ( 4 ) m a n u f a c t u r e d a n d c e r t i f i e d t o c o m p l y f o u r t i r e s i n c o n t a c t w i t h t h e g r o u n d ; centi m e t e r s o r l e s s a n d c o n n e c t s o r l e s s . T h e t e n n d o e s n o t i n c l u d e a n e l e c t r i c w i t h f e d e r a l s a f e t y r e q u i r e m e n t s f o r a ( C ) d e s i g n e d b y t h e m a n u f a c t u r e r f o r o f f - to a p o w e r d r i v e s y s t e m t h a t d o e s b i c y c l e . m o t o r c y c l e . h i g h w a y u s e b y t h e o p e r a t o r o n l y ; a n d not r e q u i r e t h e o p e r a t o r t o s h i f t T R C 5 4 1 . 2 0 1 ( 1 0 ) T R C 5 0 1 . 0 0 8 ( a ) [ 8 8 4 4 9 ] ( D ) n o t d e s i g n e d b y t h e m a n u f a c t u r e r f o r gear s . f a n n i n g o r l a w n c a r e . TRC 5 4 1 . 2 0 1 1 8 ) T R C 6 6 3 . 0 0 1 ( 1 ) Note : a n y 2 - w h e e l e d v e h i c l e t h a t does n o t m e e t t h i s d e f i n i t i o n i s A d d i t i o n a l d e f i n i t i o n T R C 5 2 1 . 0 0 1 ( 6 - a / [ S B 4 4 9 } S e n a t e B i l l a p p r o v e d , b u t n e w auto m a t i c a l l y c l a s s i f i e d a s a N o t e : m o t o r c y c l e s m e e t i n g t h i s d e f i n i t i o n d o s t a t u t e s h a v e n o t y e t b e e n a d d e d t o moto r c v c l e . n o t h a v e t o w e a r h e a d a e a r . T e x a s T r a n s p o r t a t i o n C o d e . GENERAL OPERATION/ RID E R A N D P A S S E N G E R R I D E R A N D P A S S E N G E R R I D E R A N D P A S S E N G E R O P E R A T I O N O N P U B L I C R O A D W A Y ROADWAY USE TRC 5 4 5 . 4 1 6 , 5 4 5 . 4 2 4 , 5 4 7 . 6 1 7 T R C 5 4 5 . 4 1 6 , 5 4 5 . 4 2 4 , 5 4 7 . 6 1 7 , 6 8 0 . 0 1 1 T R C 5 4 5 . 4 1 6 ( f ) , 5 4 5 . 4 2 4 P R O H I B I T E D T R C 6 6 3 . 0 3 7 N o t e : f o r t h e p u r p o s e s o f r u l e s o f t h e r o a d , t h e a u t o c y c l e i s c o n s i d e r e d a m o t o r O F F - R O A D U S E v e h i c l e . T R C 6 6 3 . 0 3 2 , 6 6 3 . 0 3 5 - 6 6 3 . 0 3 6 HEADGEAR REQUIRED YES T R C 6 6 1 . 0 0 1 - 6 6 1 . 0 0 4 Y E S T R C 6 6 1 . 0 0 1 - 6 6 1 . 0 0 4 Y E S T R C 6 6 1 . 0 0 1 - 6 6 1 . 0 0 1 5 [ 8 8 4 4 9 ] Y E S ( w h e n o n p u b l i c l a n d ) T R C 6 6 3 . 0 3 4 SAFETY INSPECTION/ SAF E T Y I N S P E C T I O N S A F E T Y I N S P E C T I O N R E Q U I R E D S A F E T Y I N S P E C T I O N R E Q U I R E D N O S A F E T Y I N S P E C T I O N R E Q U I R E D EQUIPMENT REQUIRED REQ U I R E D T R C 5 4 8 . 0 5 1 ( b ) T R C 5 4 7 . 4 0 8 , 5 4 7 . 6 1 7 , 5 4 7 . 8 0 1 , 5 4 7 . 8 0 2 T R C 5 4 7 . 4 0 8 , 5 4 7 . 6 1 7 , 5 4 7 . 8 0 1 , T R C 6 6 3 . 0 3 3 5 4 7 . 8 0 2 TITLE REQUIRED YES T R C 5 0 1 . 0 2 2 Y E S T R C 5 0 1 . 0 2 2 Y E S T R C 5 0 1 . 0 0 8 Y E S T R C 5 0 1 . 0 2 2 REGISTRATION REQUIRED YES T R C 5 0 2 . 0 4 0 , Y E S T R C 5 0 2 . 0 4 0 Y E S T R C 5 0 2 . 0 4 0 , 5 0 2 . 0 0 4 [ 8 8 4 4 9 ] N O T R C 5 0 2 . 1 4 0 Certi f i e d M a n e d L i s t INSURANCE REQUIRED YES T R C 6 0 1 . 0 7 2 Y E S T R C 6 0 1 . 0 7 2 Y E S T R C 6 0 1 . 0 7 2 N O LICENSE REQUIRED YES - C l a s s M Y E S - C l a s s M Y E S - C l a s s C N O TRC 5 2 1 . 0 8 4 , 5 2 1 . 1 4 8 , 5 2 1 . 2 2 5 , T R C 5 2 1 . 0 8 4 , T R C 5 2 1 . 0 8 5 ( b ) , 5 2 1 . 1 4 8 , T R C 5 2 1 . 0 8 5 1 b l [ 8 8 4 4 9 ] 521. 1 6 1 , 5 2 1 . 1 6 5 ( d ) 5 2 1 . 1 6 1 , 5 2 1 . 1 6 5 ( d ) Note : K r e s t r i c t i o n i s o o t i o n a l MOTORCYCLE TRAINING YES T R C 5 2 1 . 1 4 8 , 6 6 2 Y E S T R C 5 2 1 . 1 4 8 , 6 6 2 N O Y E S ( t o r i d e o n p u b l i c l a n d ) T R C 6 6 3 . 0 3 1 REQUIRED ADDITIONAL VEHICLE TYPES: Note: no s a f e t y i n s p e c t i o n / i n s u r a n c e r e q u i r e d ; c o n t a c t O M V f o r ; . . . . : : t i t : ' . : l e ~ ~ ~ r : ; e g ~ i : : s t : r a ' . : ' . : t ~ i o ~ n . : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 DIRT BIKES: Parks and Wildlife Code, Ch a p t e r 2 9 T E X A S T R A N S P O R T A T I O N C O D E ( T R C } : h t t p : / / w w w . s t a t u t e s . l e g i s . s t a t e . t x . u s / l n d e x . a s p x ELECTRIC BICYCLE: TRC 541.201(24), 55 1 . 0 0 1 - 1 0 4 , 5 5 1 . 1 0 6 C E R T I F I E D M O P E D L I S T : h t t p : / / w w w . t x d p s . s t a t e . t x . u s / m s b / d o c u m e n t s / C u r r e n t M o p e d l i s t . p d f ELECTRIC PERSONAL ASSISTANCE MOBI L I T Y D E V I C E S : T R C 5 5 1 . 2 0 1 - 5 5 1 . 2 0 3 T E X A S P A R K S A N D W I L D L I F E D E P T : h t t p : / / t p w d . t e x a s . g o v / s p d e s t / o h v / i n d e x . p h t m l GOLF CARTS: TRC 551.401-551.405 MOTOR-ASSISTED SCOOTERS: TRC 551. 3 5 1 - 5 5 1 . 3 5 2 NEIGHBORHOOD ELECTRIC VEHICLES: T R C 5 5 1 . 3 0 1 - 5 5 1 . 3 0 3 POCKET BIKE OR MINI MOTOR BIKE: TR C 5 5 1 . 3 5 1 ( 2 ) . 5 5 1 . 3 5 3 Rev. May 2015 T E X A S P A R K S A N D W I L D L I F E C O D E : M O T O R C Y C L E D R I V E R L I C E N S E : V E H I C L E I N S P E C T I O N : D E P A R T M E N T O F M O T O R V E H I C L E S : h t t p : / / w w w . s t a t u t e s . l e g i s . s t a t e . t x . u s / D o c s / P W / h t m / P W . 2 9 . h t m h t t p : / / w w w . t x d p s . s t a t e . t x . u s / D r i v e r l i c e n s e / m o t o r c y c l e l i c e n s e . h t m h t t p : / / w w w . a i r c h e c k t e x a s . c o m h t t p : / / w w w . t x d m v . g o v / i n d e x . p h p Town Council Minutes O c t o b e r 2 7 , 2 0 1 5 P a g e 2 0 o f 3 7 Town Council P a g e 3 0 o f 2 9 5 M e e t i n g D a t e : D e c e m b e r 8 , 2 0 1 5 DR A F T TRANSPORTAT ION COD E CHAP TE R 551. OP ERATION OF BIC Y CL ES, MOP EDS ,. .. Pag e 1of 12 TRANSPORTATION CODE TITLE 7 . VEHICLES AND TRAFFIC SUBTITLE C. RULES OF THE ROAD CHAPTER 551 . OPERATION OF BICYCLES , MOPEDS , AND PLAY VEHICLES SUBCHAPTER A . APPLICATION OF CHAPTER Sec. 551 .001. PERSONS AFFECTED . Except as provided by Subchapter C , this chapter applies only to a person operating a bicycle on : (1) a highway ; or (2) a path set aside for the exclusive operation of bicycles . Acts 1995 , 74th Leg ., ch . 165 , Sec. 1 , eff . Sept . 1 , 1995 . Amended by Acts 2003 , 78th Leg ., ch . 1318 , Sec . 4 , eff . Sept . 1 , 2003 . Sec . 551 .002 . MOPED AND ELECTRIC BICYCLE INCLUDED . A provision of this subtit l e applicable to a bicycle also applies to : (1) a moped , other than a provision that by its nature cannot apply to a moped ; and (2) an electric bicycle , other than a provision that by its nature cannot apply to an electric bicycle . Acts 1995 , 74th Leg ., ch . 165 , Sec. 1 , eff . Sept . 1 , 1995 . Amended by Acts 2001 , 77th Leg ., ch . 1085 , Sec . 9 , eff . Sept . 1 , 2001 . SUBCHAPTER B . REGULATION OF OPERATION Sec . 551 . 101 . RIGHTS AND DUTIES . (a ) A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle u nder t h is subtitle , unless: (1) a provis i on of this chapter alters a right or duty ; or (2) a right or duty appiicable to a driver operating a vehicle cannot by its nature apply to a person operating a bicycle . http ://www .statutes.legi s.stat e.tx.us /Docs/TN/htm/TN .551.htm 10/2 7/2 015 Town Council Minutes October 27, 2015 Page 21 of 37Town Council Page 31 of 295 Meeting Date: December 8, 2015 DR A F T TRANSPORTATION CODE CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, ... Page 2of12 (b) A parent of a child or a guardian of a ward may not knowingly permit the child or ward to violate this subtitle. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 551.102. GENERAL OPERATION. (a) A person operating a bicycle shall ride only on or astride a permanent and regular seat attached to the bicycle. (b) A person may not use a bicycle to carry more persons than the bicycle is designed or equipped to carry. (c) A person operating a bicycle may not use the bicycle to carry an object that prevents the person from operating the bicycle with at least one hand on the handlebars of the bicycle. (d) A person operating a bicycle, coaster, sled, or toy vehicle or using roller skates may not attach either the person or the bicycle, coaster, sled, toy vehicle, or roller skates to a streetcar or vehicle on a roadway. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 551.103. OPERATION ON ROADWAY. (a) Except as provided by Subsection (b), a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless: (1) the person is passing another vehicle moving in the same direction; (2) the person is preparing to turn left at an intersection or onto a private road or driveway; (3) a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or (4) the person is operating a bicycle in an outside lane that is: (A) less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or (B) too narrow for a bicycle and a motor vehicle to safely travel side by side. http://www.statutes.legis.state. tx. us/Docs/TN/htm/TN .551.htm 10/27/2015 Town Council Minutes October 27, 2015 Page 22 of 37Town Council Page 32 of 295 Meeting Date: December 8, 2015 DR A F T TRANSPORTATION CODE CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, ... Page 3 of 12 (b) A person operating a bicycle on a one-way roadway with two or more marked traffic lanes may ride as near as practicable to the left curb or edge of the roadway. (c) Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abre~st may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles. (d) Repealed by Acts 2001, 77th Leg., ch. 1085, Sec. 13, eff. Sept. 1, 2001. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1085, Sec. 10, 13, eff. Sept. 1, 2001. Sec. 551.104. SAFETY EQUIPMENT. (a) A person may not operate a bicycle unless the bicycle is equipped with a brake capable of making a braked wheel skid on dry, level, clean pavement. (b) A person may not operate a bicycle at nighttime unless the bicycle is equipped with: (1) a lamp on the front of the bicycle that emits a white light visible from a distance of at least 500 feet in front of the bicycle; and (2) on the rear of the bicycle: (A) a red reflector that is: (i) of a type approved by the department; and (ii) visible when directly in front of lawful upper beams of motor vehicle headlamps from all distances from 50 to 300 feet to the rear of the bicycle; or (B) a lamp that emits a red light visible from a distance of 500 feet to the rear of the bicycle. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1085, Sec. 11, eff. Sept. 1, 2001. Sec. 551.105. COMPETITIVE RACING. (a) In this section, "bicycle" means a nonmotorized vehicle propelled by human power. http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.55 l .htm 10/27/2015 Town Council Minutes October 27, 2015 Page 23 of 37Town Council Page 33 of 295 Meeting Date: December 8, 2015 DR A F T TRANSPORTATION CODE CHAPTER 551. OPERATION OF BICYCLES, MOPEDS,. .. Page 4of12 (b) A sponsoring organization may hold a competitive bicycle race on a public road only with the approval of the appropriate local law enforcement agencies. (c) The local law enforcement agencies and the sponsoring organization may agree on safety regulations governing the movement of bicycles during a competitive race or during training for a competitive race, including the permission for bicycle operators to ride abreast. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 551.106. REGULATION OF ELECTRIC BICYCLES. (a) The department or a local authority may not prohibit the use of an electric bicycle on a highway that is used primarily by motor vehicles. The department or a local authority may prohibit the use of an electric bicycle on a highway used primarily by pedestrians. (b) The department shall establish rules for the administration of this section. Added by Acts 2001, 77th Leg., ch. 1085, Sec. 12, eff. Sept. 1, 2001. SUBCHAPTER C. ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES Sec. 551.201. DEFINITION. In this subchapter, "electric personal assistive mobility device" means a two non-tandem wheeled device designed for transporting one person that is: (1) self-balancing; and (2) propelled by an electric propulsion system with an average power of 750 watts or one horsepower. Added by Acts 2003, 78th Leg., ch. 1318, Sec. 5, eff. Sept. 1, 2003. Sec. 551.202. OPERATION ON ROADWAY. (a) A person may operate an electric personal assistive mobility device on a residential street, roadway, or public highway with a speed limit of 30 miles per hour or less only: (1) while making a direct crossing of a highway in a marked or unmarked crosswalk; (2) where no sidewalk is available; or http://www .statutes.legis.state.tx.us/Docs/TN/htm/TN .55 l .htm 10/27 /2015 Town Council Minutes October 27, 2015 Page 24 of 37Town Council Page 34 of 295 Meeting Date: December 8, 2015 DR A F T TRANSPORTATION CODE CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, ... Page 5of12 (3) when so directed by a traffic control device or by a law enforcement officer. (b) A person may operate an electric personal assistive mobility device on a path set aside for the exclusive operation of bicycles. (c) Any person operating an electric personal assistive mobility device on a residential street, roadway, or public highway shall ride as close as practicable to the right-hand edge. (d) Except as otherwise provided by this section, provisions of this title applicable to the operation of bicy cles apply to the operation of electric personal assistive mobility devices. Added by Acts 2003, 78th Leg., ch. 1318, Sec. 5, eff. Sept. 1, 2003. Sec. 551.203. SIDEWALKS. A person may operate an electric personal assistive mobility device on a sidewalk. Added by Acts 2003, 78th Leg., ch. 1318, Sec. 5, eff. Sept. 1, 2003. SUBCHAPTER D. NEIGHBORHOOD ELECTRIC VEHICLES Sec. 551.301. DEFINITION. In this subchapter, "neighborhood electric vehicle" means a vehicle that can attain a maximum speed of 35 miles per hour on a paved level surface and otherwise complies with Federal Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500). Added by Acts 2003, 78th Leg., ch. 1320, Sec. 7, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 19.07, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 281 (H.B. 2 70 2 ), Sec. 2 .86, eff. June 14, 2005. Acts 2005, 79th Leg., Ch. 1242 (H.B. 15 96 ), Sec. 2, eff. June 18, 2005. Acts 2009, 81st Leg., R.S., Ch. 722 (S.B. 1 29 ), Sec. 1, eff. September 1, 2009. Reenacted by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1 303 ), Sec. 24.014, eff. September 1, 2 011. http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.551.htm 10/27/2015 Town Council Minutes October 27, 2015 Page 25 of 37Town Council Page 35 of 295 Meeting Date: December 8, 2015 DR A F T TRANSPORTAT ION COD E CHAPTER 551. OP ERATION OF BICYCL ES, MOPEDS , ... Pa ge 6of 12 Sec . 551 .302 . REGISTRATION . The Texas Department of Motor Vehicles may adopt rules relating to the registration and issuance of license plates to neighborhood electric vehicles . Added by Acts 2003 , 78th Leg ., ch . 1320 , Sec. 7 , eff . Sept . 1 , 2003 . Amended by : Acts 2009 , 81st Leg ., R .S ., Ch. 933 (H .B . 3097), Sec . 2I.01 , eff. September 1 , 2009 . Sec . 551 .303 . OPERATION ON ROADWAYS . (a) A neighborhood electric vehicle may be operated only on a street or highway for which the posted speed limit is 45 miles per hour or less . A neighborhood electric vehicle may cross a road or street at an intersection where the road or s treet has a posted speed limit of more than 45 miles per hour . A neighborhood electric vehicle may not be operated on a street or highway at a speed that exceeds the lesser of : (1) the posted speed limit ; or (2) 35 miles per hour . (b) A county or municipality may prohibit the operation of a neighborhood electric vehicle on a street or highway if the governing body of the cou nty or mu nicipality determines that the prohibition is necessary in the interest of safety . (c) The Texas Department of Transportation may prohibit the operation of a n eighborhood electric vehicle on a highway if that department determines that the prohibition is necessary in the interest of safety. Added by Ac t s 2003 , 7 8th Leg ., ch . 1320 , Sec . 7, eff . Sept . 1 , 2003. Ame n ded by : Acts 2009 , 81st Leg., R .S ., Ch . 722 (S .B . 129), Sec. 2 , eff . September 1 , 2009 . Sec. 551 .304. LIMITED OPERATION . a neighborhood electric vehicle : (a) An operator may operate (1) in a master planned community : (A) that has in place a uniform set of restrictive covenants ; and http://www.st atutes.legis.state .tx .us/Doc s/TN/ht m/TN.5 5 1.htm 10 /2 7/2 015 Town Council Minutes October 27, 2015 Page 26 of 37Town Council Page 36 of 295 Meeting Date: December 8, 2015 DR A F T TRANSPORTATION CODE CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, ... Page 7of12 (B) for which a county or municipality has approved a plat; (2) on a public or private beach; or (3) on a public highway for which the posted speed limit is not more than 35 miles per hour, if the neighborhood electric vehicle is operated: (A) during the daytime; and (B) not more than two miles from the location where the neighborhood electric vehicle is usually parked and for transportation to or from a golf course. (b) A person is not required to register a neighborhood electric vehicle operated in compliance with this section. Added by Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2 741), Sec. 94, eff. September 1, 2013. SUBCHAPTER E. MOTOR-ASSISTED SCOOTERS Sec. 551.351. DEFINITIONS. In this subchapter: ( 1) "Motor-assisted scooter": (A) means a self-propelled device with: (i) at least two wheels in contact with the ground during operation; (ii) a braking system capable of stopping the device under typical operating conditions; (iii) a gas or electric motor not exceeding 40 cubic centimeters; (iv) a deck designed to allow a person to stand or sit while operating the device; and (v) the ability to be propelled by human power alone; and (B) does not include a pocket bike or a minimotorbike. (2) "Pocket bike or minimotorbike" means a self-propelled vehicle that is equipped with an electric motor or internal .combustion engine having a piston displacement of less than 50 cubic centimeters, is designed to propel itself with not more than two wheels in contact with the ground, has a seat or saddle for the use of the operator, is not designed for use on a highway, and is http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.551.htm 10/27/2015 Town Council Minutes October 27, 2015 Page 27 of 37Town Council Page 37 of 295 Meeting Date: December 8, 2015 DR A F T TRANSPORTAT ION COD E CHAPT ER 551. OPERATION OF BICYCL ES, MOP EDS , ... Pag e 8of 12 ineligible for a certificate of title under Chapter 501 . The term does not include : (A) a moped or motorcycle ; (B) an electric bicycle or motor-driven cycle , as defined by Section 541.201 ; (C) a motorized mobility device , as defined by Section 542.009; (D) an electric personal assistive mobility device , as defined by Section 551 .201 ; or (E) a neighborhood electric vehicle , as defined by Section 551 .301 . Added by Acts 2005 , 79th Leg ., Ch . 1242 (H .B. 1596), Sec . 3 , eff . June 18 , 2005 . Amended by : Acts 2011 , 82nd Leg ., R .S ., Ch . 91 (S .B. 1303), Sec . 24 .015 , eff . September 1 , 20 1 1 . Sec . 551 .352 . OPERATION ON ROADWAYS OR SIDEWALKS. (a) A motor-assisted scooter may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less. The motor -assisted scooter may cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 mi l es per hour . (b) A co u nty or mu nicipality may prohibit the operation of a motor -assisted scooter on a street , highway , or sidewalk if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety . (c) The department may prohibit the operation of a motor - assisted scooter on a highway if it determines that the prohibition is necessary in the interest of safety . (d) A person may operate a motor-assisted scooter on a path set aside for the exclusive operation of bicycles or on a sidewalk . Except a s otherwise provided by this section , a provision of this title applicable to the operation of a bicycle applies to the operation of a motor -assisted scooter . (e) A provision of this title applicable to a motor vehicle does not apply to a motor -assisted scooter. http ://www .statute s .legi s .stat e.tx .us /Doc s/TN/htm /TN. 5 51 .htm 10/2 7/2 015 Town Council Minutes October 27, 2015 Page 28 of 37Town Council Page 38 of 295 Meeting Date: December 8, 2015 DR A F T TRANSPORTATION COD E CHAPT ER 551. OP ERATION OF BIC YCL ES, MOP EDS , ... Pa ge 9of 12 Added by Acts 2005 , 79th Leg ., Ch. 1242 (H.B. 1 5 96 ), Sec . 3 , eff . June 18 , 2005 . Sec . 551.353 . APPLICATION OF SUBCHAPTER TO POCKET BIKE OR MINIMOTORBIKE . This subchapter may not be construed to authorize the operation of a pocket bike or minimotorbike on any : (1) highway , road , or street ; (2) path set aside for the e x clusive operation of bicycles ; or (3) sidewalk . Transferred and redesignated fr o m Transportation Code , Section 551 .304 by Acts 2011 , 82nd Leg ., R .S ., Ch . 91 (S .B . 1 303 ), Sec. 27.001(64), eff. September 1 , 2011 . SUBCHAPTER F. GOLF CARTS AND UTILITY VEHICLES Sec . 551 .401. DEFINITIONS . In this subchapter : ( 1) "Golf cart " and "public highway " have the meanings assigned by Section 5 02 .00 1 . (2) "Utility vehicle " means a motor vehicle that is not a golf cart or lawn mower and is : (A) equipped with side -by-side seating for the use of the operator and a passenger ; (B ) designed to propel itself with at least four tires in contact with the ground ; (C) designed by the manufacturer for off -highway use only ; and (D) designed by the manufacturer primarily for utility work and not for recreational purposes. Added by Acts 2009 , Blst Leg ., R.S ., Ch . 1136 (H .B . 2553 ), Sec . 10 , eff . September 1, 2009 . Amended by : Acts 2011 , 82nd Leg ., R .S ., Ch . 1296 (H .B . 2357 ), Sec . 239 , eff . January 1, 20 1 2 . Sec . 551 .402 . REGIS TRA T ION NOT AUTHORIZED . (a) The Texas Department of Motor Vehicles may not register a golf cart for http://www.statutes .leg i s.stat e.tx .us/Doc s/TN/htm/TN. 5 51.htm 10 /2 7/2 01 5 Town Council Minutes October 27, 2015 Page 29 of 37Town Council Page 39 of 295 Meeting Date: December 8, 2015 DR A F T TRANSPORTATION CODE CHAPTER 551. OP ERATION OF BICYCLE S , MOPE ... Pa g e 10of 12 operation on a public highway regardless of whether any alteration has been made to the golf cart. (b) The Texas Department of Motor Vehicles may iss u e license plates for a golf cart as authori z ed by Subsection (c). (c) The Texas Department of Motor Vehicles shall by rule establish a procedure to issue the license plates to be u sed for operation in accordance wit h Sections 551 .40 3 and 551.4 0 4 . (d) The Texas Department of Motor Vehicles may charge a fee not to exceed $10 for the cost of the license plate . Added by Acts 2009 , 8lst Leg ., R .S ., Ch . 1136 (H .B . 2553 ), Sec . 10 , eff . September 1 , 2009 . Amended by: Acts 2013 , 83rd Leg ., R .S ., Ch . 877 (H .B . 7 19 ), Sec . 1 , eff . June 14 , 2013 . Acts 2013, 83rd Leg ., R .S ., Ch . 1135 (H .B . 2 741), Sec . 95 , eff . September 1 , 20 1 3 . Sec . 551 .403 . LIMITED OPERATION . a golf cart : (a) An operator may operate ( 1) in a master planned community : (A) that has in place a uniform set of restrictive covenants ; and (B) f or which a county or municipality has approved a p l at ; (2) on a pub l ic or private beach ; or (3) on a p u b l ic highway for which the posted speed limit is not more than 35 mi l es per hour , if the golf cart is operated : (A) during the daytime ; and (B) not more than two miles from the location where the golf cart is usually parked and for transportation to or from a golf course . (b) The Texas Department o f Transportation or a county or municipality may prohibit the operation of a golf cart on a public highway i f th e d epartment or the governing body of the cou nty or mu nicipa l ity determi nes that the prohibition is necessary in the interest of safety . http ://www.statutes .le g is.state.tx .us/Doc s/TN/htm/TN.551 .htm 10/2 7/2 015 Town Council Minutes October 27, 2015 Page 30 of 37Town Council Page 40 of 295 Meeting Date: December 8, 2015 DR A F T TRANSPORTATION CODE CHAPTER 551. OPERATION OF BICYCLES, MOPE... Page 11of12 Added by Acts 2009 , Slst Leg., R.S ., Ch . 1136 (H .B . 2553), Sec . 10, eff. September 1, 2009 . Sec . 551 .404 . OPERATION IN MUNICIPALITIES AND CERTAIN COUNTIES. (a) In addition to the operation authorized by Section 551.403 , the governing body of a municipality may allow an operator to operate a golf cart on all or part of a public highway that : (1) is in the corporate boundaries of the municipality; and (2) has a posted speed limit of not more than 35 miles per hour . (a-1) In addition to the operation authorized by Section 551 .403 , the commissioners court of a county described by Subsection (a-2) may allow an operator to operate a golf cart or utility vehicle on all or part of a public highway that: ( 1) and (2) (a-2) ( 1) (2) and contains Mexico; or is located in the unincorporated area of the county; has a speed limit of not more than 35 miles per hour. Subsection (a-1) applies only to a county that : borders or contains a portion of the Red River; borders or contains a portion of the Guadalupe River a part of a barrier island that borders the Gulf of (3) is adjacent to a county described by Subdivision (2) and : (A) has a population of less than 30 ,000; and (B) contains a part of a barrier island that borders the Gulf of Mexico . (b) A golf cart or utility vehicle operated under this section must have the following equipment: ( 1) headlamps; (2) taillamps; (3) reflectors; ( 4) parking brake ; and (5) mirrors . Added by Acts 2009 , Slst Leg ., R .S ., Ch . 1136 (H .B. 2553), Sec . 10, eff . September 1, 2009. Amended by: http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN .551.htm 10/27/2015 Town Council Minutes October 27, 2015 Page 31 of 37Town Council Page 41 of 295 Meeting Date: December 8, 2015 DR A F T TRANSPORTA TION CODE CHAPTER 551. OP ERATION OF BICYCL E S, MOP E... Page 12 of12 Acts 2011 , 82nd Leg ., R .S ., Ch . 1296 (H .B . 2357), Sec . 240 , eff. January 1 , 2012 . Acts 2011 , 82nd Leg ., R .S ., Ch . 1296 (H .B . 2357), Sec. 241 , eff . January 1, 2012 . Acts 2013 , 83rd Leg., R.S., Ch . 877 (H .B . 719), Sec . 2 , eff . June 14 , 2013 . Sec . 551 .405 . CROSSING CERTAIN ROADWAYS . A golf cart may cross intersections , including a road or street that has a posted speed limit of more than 35 miles per hour . Added by Acts 2009 , Blst Leg ., R .S., Ch . 1136 (H .B . 2553), Sec . 10 , eff . September 1 , 2009 . http ://www.statute s .l egi s .state.tx.us/Doc s/TN/htm/TN .5 5 1.htm 10 /2 7/2 01 5 Town Council Minutes October 27, 2015 Page 32 of 37Town Council Page 42 of 295 Meeting Date: December 8, 2015 DR A F T ·TxDMV.GOV -Off-Highway Vehicles Page 1 of2 Motoris.'..:..I Dealers I Motor Carriers I Conlee! Us Soarch bo• TxDMV • Motorists• Buying or Selling a Vehlde • Off-Highway Vohides ----~ ~-., .. 1 ..... ,. ----·-------rf=is . . ~~' .:. ~~~!. •• -~I I I Off-Highway Vehicles \....-------~· ------------- Low-Speed Vehicles (LSVs), also known as Neighborhood Electric Vehicles (NEVs), and golf carts rl". ·=. 1 • : are regulated by state and federal laws. Registered, titled and insured NEVs may be legally driven at a maximum speed of 35 mph on public roads with a posted speed limit of 45 mph or less, unless a city or county ordinance prohibits their operation . The TxDMV does not title or register golf carts . Golf cart owners who received a title before the law changed on September 1, 2009, are not required to return their titles to the TxDMV. For Driver License requirements to operate any of these Find Your lot•I Office vehicles, contact your local law enforcement agency . (And your County Tax Office rvl ,,------------...... ---·-·-·---··· .. ,,,..···--···-·-·----.. r--·---·--·-·-··--·--··-~---·-..... Low-Speed and Golf Carts ! All· Terrain j Utility-Type & Recreational 1 Neighborhood Electric Vehieles ; Vehicles ; Off·Hlghway Vehicles ! ··--·--·--······--···--··--···--····· -----··· ···--·--..................... -.. ----·-·· .. ··-'··--·· .. ---·--·----······---···--·-"·--·,,·. A vehicle is classified as an LSV or NEV if it has : I I I I i i l I I • a normal maximum speed of 20-25 mph (LSV) or 20-35 mph (NEV), seat belts, • head and tail lights, • a windshield , • a parking brake, • tum signals , • rear-view mirrors , • brake lights, • reflectors. and • a valid 17-digit Vehicle Identification Number (VIN). ! To tiUe and register your LSV or NEV, take the following to your county tax assessor-collector office: f. ! • evidence of ownership, such as a Manufacturer Certificate of Origin or title, a completed Form 130-U, and L 130..IJ Appllcati~~o-;:;:~le • proof of insurance. i ' I I I ~your RSC by County --8 . \._.ONE I tJ..t STICKER I Inspection & Registration -Together At Last! ! I l I I I I I I I I Motorists Toolbox ( ~Forms ( ® Photo ID Requirements __J ~ubllcatlo_ns ______ ~--} I i I I [ :I} Title Manual -] l :II Registration Ma_n_u_al __ 1 __, L-----------···--·---.:....----------·---·---·--·-··-------··--J [i Assembled Vehicle Manual ~· ( ill Salvage Nonrepairable Manual http://www.txdmv.gov/motorists/buying-or-selling-a-vehicle/off-highway-vehicles 10/20/2015 Town Council Minutes October 27, 2015 Page 33 of 37Town Council Page 43 of 295 Meeting Date: December 8, 2015 DR A F T ·TxDMV .GOV -Off-Highway Vehicles Page2 of2 Feedback !low Do I? SPV Caleulotor Calculate the slandprd presumptive value of your vehlde. Vehicle ldenllficallon Number (VIN) Odometer Re ading SUBMIT ---------·-------··--------------------------------- Learn More Work with Us Join the conversation (" SUJVey le~ (!.,About us J( ·'Form~~ ( 0 Reports&~ ( C Open Records) Otfve(s Prfvacy Proteetfora Act I Olsdalmer J Priv acy Pol ey I Accesslbi i ty I Transp1 1oncy I Stolowlde Search I Compact with Texans I Report Fra ud, Wule or Abuse (Site Map) (B @ (B ( Pri.;!P.;;) [Select languago ! ·~ Copyright 0 2015 Texas Depanmenl of Molar V•hides. Alt rights reserv.?d . -4000 Jackson Ave. Auslin. TX 78731 http://www. txdmv. gov/motorists/buying-or-selling-a-vehicle/off-highway-vehicles 10/20/2015 Town Council Minutes October 27, 2015 Page 34 of 37Town Council Page 44 of 295 Meeting Date: December 8, 2015 DR A F T TXDMV.GOV -001-09 New Rules Approved for Neighborhood Electric Vehicles (NEV) Page 1of3 Motorists I Dealers I Motor Carriers I I: j' ·• ~ • '. --( -'. { ; '' ',. t ' - TxDMV • Registration and TIUe Bulletins• 2009 • 001-09 Reglstretlon end Title Bull.etln -#001-09 Date: January 12 , 2009 To: All County Tax Assessor-Collectors Subject: New Rules Approved for Neighborhood Electric Vehicles (NEV) These documents contain text of correspondence sent by TxDMV to the county tax assessor-collectors, statutory agents who provide vehicle registration and titling services for citizens in Texas . This information is provided to apprise the general public of issues affecting the state's vehicle titling and registration process. PURPOSE In December 2008 the Texas Transportation Commission adopted administrative rules to address the titling, registration , and operating restrictions for neighborhood electric vehicles . The rules became effective January 7 , 2009. DETAILS Definition of Neighborhood Electric Vehicles: A "neighborhood electric vehicle" is a motor vehicle that: • is originally manufactured to meet, and meets, the equipment requirements and safety standards established for "low speed vehicles" in Federal Motor Vehicle Safety Standard 500 (49 C .F.R. 571 .500), • has four wheels, • does not have to be powered by electricity (other power sources , such as gasoline, are acceptable), • is a slow-moving vehicle, being able to attain a speed of more than 20 miles per hour but not more than 25 miles per hour, and • is not a golf cart (designed by the manufacturer primarily for transporting persons on a golf course). Title Requirements for Neighborhood Electric Vehicles The title requirements of a neighborhood electric vehicle are the same requirements prescribed for any motor vehicle. NEVs are required to be titled. The manufacturer's certificate of origin (MCO) must contain a statement that the vehicle meets Federal Motor Veh icle Safety Standard 500 (49 CFR571 .500) for low-speed vehicles in addition to the information required on all MCOs. The body style for a Neighborhood Electric Vehicle is shown as NV NHOOD ELEC in the drop-down selection list while processing the title in RTS . http://www.txdmv.gov/registration-and-title-bulletins/2009/001-09 Contact Us Search box _j '------- St1rcb RTBs Search Dt1ltrs lists (seled from list 8 10/27/2015 Town Council Minutes October 27, 2015 Page 35 of 37Town Council Page 45 of 295 Meeting Date: December 8, 2015 DR A F T TXDMV.GOV -001-09 New Rules Approved for Neighborhood Electric Vehicles (NEV) Page 2 of3 Evidence of Ownership of Neighborhood Electric Vehicles: Acceptable documents for evidence of ownership for neighborhood electric vehicles include Certificates of Title indicating a body style of neighborhood electric vehicle (NV in Texas) or a manufacturers certificate of origin with a statemenr that the vehicle meets Federal Motor Vehicle Safety Standard 500 (49 C.F.R. 571 .500). Some neighborhood electric vehicles in Texas were previously titled with the body style of golf cart (GC) and out-of-state titles may show other body styles . In order to title and register these vehicles as neighborhood electric vehicles (NV) you must verify that the vehicle has a conforming 17 digit Vehicle Identification Number. If a vehicle does not meet this criteria ii cannot be titled or registered as a neighborhood electric vehicle . Registration of Neighborhood Electric Vehicles: A neighborhood electric vehicle is required to be titled in order to be registered for operation on public roads . The registration classification of a neighborhood electric vehicle will be determined by whether it is designed as a 4-wheeled truck (issue truck plate) or a 4-wheeled passenger vehicle (issue passenger car plate). Operation and restrictions on ·Neighborhood Electric Vehicles: A neighborhood electric vehicle : • may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less and is subject to all traffic and other laws applicable to motor vehicles and • may cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour. A neighborhood electric vehicle may not be operated on a street or highway if: • the governing body of a county or municipality determines that prohibiting such operation is necessary in the interest of safety or • TxDOT determines that prohibiting such operation is necessary in the interest of safety . A neighborhood electric vehicle must properly display a slow-moving-vehicle emblem since it is defined as a slow-moving vehicle . Financial Responsibility • A neighborhood electric vehicle requires the same financial responsibility or insurance as a passenger car. COUNTY ACTION Please make sure that a vehicle being titled or registered as a neighborhood electric vehicle meets all of the requirements stated above, specifically that the MCO includes a statement that the vehicle meets Federal Motor Vehicle Safety Standard 500 (49 C.F.R. 571 .500) for low-speed vehicles . Neighborhood electric vehicles must be titled with a body style of NV NHOOD ELEC and registered as either a truck or a passenger car. Please note that any forms associated with titling and registering neighborhood electric vehicles are being revised and will be sent out at a later date . Ft1dback LHrn Mart Wark with Ut ( .-Survey J [ m Contact Us J (.!.About Us J[ /Forms J~ ( • Tax Assessor-CoNectors ]( A ABTPA Grantees J ( 0 Reports & Data J ( C Open Records J ( A Lienholders J [ O ContractorsNendors ) ( g Careers) Jain tht canverutlon mmm ma Drive(s Privacy ProlectJon Act I Disclaimer I Privacy Poli cy I Accessibility I TranspaJency I Slatewide Search I Compact with Texans I Report Fraud, Waste or Abuse (Site Map J . (B @ (B (Print Page J ( Select Language I 'I' http://www.txdmv.gov/registration-and-title-bulletins/2009/001-09 10/27/2015 Town Council Minutes October 27, 2015 Page 36 of 37Town Council Page 46 of 295 Meeting Date: December 8, 2015 DR A F T TXDMV.GOV -001-09 New Rules Approved for Neighborhood Electric Vehicles (NEV) Page 3 of3 Copyright C> 2015 Texas Department of Motor Vehicles . All rights reserved . -4000 Jackson Ave, Austin, TX 78731 http://www.txdmv.gov/registration-and-title-bulletins/2009/001-09 10/27/2015 Town Council Minutes October 27, 2015 Page 37 of 37Town Council Page 47 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0761-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:11/17/2015 Town Council On agenda:Final action:12/8/2015 Title:Consider and take appropriate action regarding the Minutes dated November 10, 2015. Attachments:Draft TC Minutes November 10, 2015.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Minutes dated November 10, 2015. Town Council Page 48 of 295 Meeting Date: December 8, 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, November 10, 2015 at 7:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, November 10, 2015. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Stephen Seidel Town Manager Patricia Adams Town Attorney Steven Glickman Assistant Town Manager/CFO Holly Fimbres Town Secretary/RMO Adam Adams Parks and Recreation Director Patrick Arata Police Chief Pat Cooke Development Services Manager April Reiling PIO/Marketing Manager Mayor Sanders announced the date of Tuesday, November 10, 2015, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Parks and Recreation Director Adams. The Pledges were led by Mayor Pro Tem Lamont. 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. Bob Radder, 1 Lee Court, read a statement regarding his resignation from the Zoning Board of Adjustment. TCMUD No. 1 Board Director Neil Twomey spoke regarding the water rate review item that was on the October 13, 2015 Council agenda, and advised that the data that was provided by Mr. Rose for commercial wastewater was off by approximately 51 percent. Mayor Sanders asked that Mr. Twomey meet with Assistant Town Manager/CFO Glickman. Town Council Minutes November 10, 2015 Page 1 of 9Town Council Page 49 of 295 Meeting Date: December 8, 2015 DR A F T INTRODUCTION 1. Introduction of Police Officer Barry Sullivan with Police K-9 Officer Indy. Police Chief Arata introduced Police Officer Barry Sullivan and Police K-9 Officer Indy and announced that the Town will hold an event at Independence Park East on November 21, 2015, at 10 a.m. to introduce Indy to the Town residents. Police Officer Sullivan stated that Indy is about a year and a half years old and advised that they have already seized methamphetamines since being back from training in Indiana. 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. Consider and take appropriate action regarding the Minutes dated October 13, 2015. (Town Secretary Note: Approved as presented in the Town Council agenda packet) 3. 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. 4. 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. Council Member Shoffner stated that he would like to make a correction to the Staff Report for Item No. 3 by changing the budget impact amount from $12,750 to reflect the Medical Director Agreement amount of $4,950. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to approve the Consent Agenda Items 2 through 4, with the correction to the Staff Report for Item No. 3 by changing the budget impact amount from $12,750 to $4,950. Motion passed unanimously. REGULAR SESSION 5. 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. Council Member Parrow provided an update regarding the proposed changes that were made to the Resolution since the agenda packet went out. Motion: Motion made by Council Member Parrow, seconded by Mayor Sanders, to approve Resolution No. 2015-38, 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, as presented at the dais. Council Member Parrow advised that the resolution was revised to address the concern that the flags would be lowered frequently. He stated that in the last 10 years, there have been no police officers or firefighters that have Town Council Minutes November 10, 2015 Page 2 of 9Town Council Page 50 of 295 Meeting Date: December 8, 2015 DR A F T been killed in the line of duty within the Town, and that he is aware of only one funeral held in the Town for a soldier who was killed in the line of duty. Motion to Table Indefinitely: Motion made by Council Member Shoffner, seconded by Council Member Reed, to table the item indefinitely. Mayor Sanders stated that his ruling on the motion to table was that it was not a debatable matter, Council Member Shoffner challenged the decision, and Mayor Sanders turned the chair over to Mayor Pro Tem Lamont. Town Attorney Adams advised that per Robert’s Rules, the motion allows for limited debate which must not go into the merits of the main question any more than is necessary to enable the assembly to determine the priority of the postponement. The vote was taken, to uphold the decision of the Chair that the motion to table indefinitely was not a debatable item. Motion failed for lack of majority 1-6-0 with Mayor Sanders voting for, and Mayor Pro Tem Lamont and Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner voting against. Mayor Pro Tem Lamont turned the chair back to Mayor Sanders. Council Member Shoffner spoke in favor of tabling the item indefinitely due to his belief that the Town would honor the death of a fallen police officer, firefighter, or active military person that was killed in the line of duty without having to have a policy in place. He commented that he believed the matter should be limited to what the Town is in control of verses controlling National tragedies. Council Member Parrow stated that he felt that it would be an additional tribute to show respect and honor because he was cognizant of the importance of the flag to military personnel. Council Member Reed recognized that the Chattanooga occurrence was a tragedy where recognition was delayed for military members, but that he felt this was not an issue within the Town that needed to be addressed. Council Member Rowe and Council Member Kurtz commented that a National tragedy was ignored but that they were concerned that the proposed policy had too much discretion. Mayor Sanders and Mayor Pro Tem Lamont commented that there were some possible amendments that they would have recommended to the policy. Discussion took place that Town has the ability to lower the flags if a police officer or firefighter were killed in the line of duty. Additional conversation took place regarding the concern that a decision whether or not to lower the flags would be at the discretion of one person. The vote for the Motion to Table Indefinitely was taken. Motion carried 4-3-0 with Mayor Pro Tem Lamont and Council Members Reed, Rowe, and Shoffner voting for, and Mayor Sanders and Council Members Parrow and Kurtz voting against. 6. 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. Motion: Motion made by Mayor Sanders, seconded by Mayor Pro Tem Lamont, to approve Resolution No. 2015-36, casting it's twenty-two (22) allocated votes for David Terre to serve as a member of the Denton Central Appraisal District Board of Directors; and providing an effective date of November 10, 2015. Town Council Minutes November 10, 2015 Page 3 of 9Town Council Page 51 of 295 Meeting Date: December 8, 2015 DR A F T Discussion took place regarding how individuals are nominated and the process of casting votes for nominees. The vote was taken. Motion passed unanimously. 7. 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. Motion: Motion made by Mayor Sanders, seconded by Mayor Pro Tem Lamont, to approve Resolution No. 2015-37, casting it's one (1) allocated vote for Michael O’Donnell to serve as a member of the Tarrant Appraisal District Board of Directors; and providing an effective date of November 10, 2015. Motion passed unanimously. 8. 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. Parks and Recreation Director Adams advised that the football organization only uses the Town’s fields for practice four months out of the year and that the organization agreed to recognize residents and non-residents within the agreement. Council Member Kurtz commented that he believed that the non-resident rate was not necessary because Trophy Club and Roanoke residents make up the majority of the users. Motion: Motion made by Council Member Shoffner, seconded by Council Member Rowe, to approve 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, and to strike the first paragraph of Section 2.02: “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”. Discussion took place that there is no need to impose the out of area fee and that the football organization has a minute impact of Town resources compared to other sports organizations. Town Manager Seidel commented that the soccer agreement is anticipated to be presented for consideration at the December 8, 2015 Council meeting. The vote was taken. Motion passed unanimously. After receiving a message, Mayor Sanders regretfully announced the passing of Teensie Wellborn who volunteered at the Roanoke Food Pantry for over 28 years. Town Council Minutes November 10, 2015 Page 4 of 9Town Council Page 52 of 295 Meeting Date: December 8, 2015 DR A F T 9. 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. Main Motion: Motion made by Mayor Pro Tem Lamont, seconded by Mayor Sanders, to approve Ordinance No. 2015-40, 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, as presented at the dais. Motion to Table Indefinitely: Motion made by Council Member Reed, seconded by Council Member Parrow, to table the item indefinitely. Mary Ellen Moore, 115 Fairway Village Drive, stated that the bumper of vehicles, that park in front of her zero lot line property, borders the edge of her driveway and provided a demonstration of her statement. Her concern stemmed from a previous neighbor that routinely parked in front of her property and she believed it was a hazard because of visibility. Jo Berman, 107 Fairway Village Drive, commented that the streets in her area are narrow which creates issues with visibility. Additionally, she spoke in favor of the Council tabling the item indefinitely. Council Member Rowe stated that both residents have legitimate concerns and advised that the intent of the current ordinance is to hopefully discourage long term parking on the streets. Police Chief Arata stated that the proposed amendments to the current ordinance will not solve the concerns of parking on narrow streets. Additionally, he stated that there are approximately 14 valid annual permits. Council Member Rowe commented that he supported the motion to table but while the item is open, there is a need to review streets that are narrow for example: Summit Cove, Fairway Village, Villas of Hogan Glen, Oakhill, and Abbey. Town Attorney Adams commented that an option could be to regulate parking on certain streets depending on the width of the streets. Additionally, she stated that Town Staff would like direction on the overnight parking component and have the ability to address the other parking concerns at a later time. Discussion took place that the large contributor for parking issues is that some houses have four vehicles for a two vehicle driveway. Mayor Sanders and Council Member Shoffner spoke against the motion to table in order to allow amendments to the current ordinance. The vote for the Motion to Table Indefinitely was taken. Motion failed for lack of majority 2-5-0 with Mayor Pro Tem Lamont and Council Member Reed voting for, and Mayor Sanders and Council Members Parrow, Rowe, Kurtz, and Shoffner voting against. Town Attorney Adams reviewed the proposed changes that were made after the October 27, 2015 Council meeting, which included the following: eliminating extraordinary circumstances and adding a special permission section; eliminating that permits would have to be registered to the address requesting the permit; the fee for the permit and renewal was changed to $100; the expiration changed to one year after the date of issuance; added language that “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 Town Council Minutes November 10, 2015 Page 5 of 9Town Council Page 53 of 295 Meeting Date: December 8, 2015 DR A F T access of emergency of other Vehicles”; and that vehicles have to be parked directly in front of the residence. She pointed out that the temporary permit section states that the permit shall not exceed ninety (90) days within one (1) year from the date of issuance. Council Member Shoffner commented that he would like the option to implement a mechanism to have the ability for residents to request temporary permits online as proof of documentation. Council Member Reed commented that he would be inclined to remove annual permits but allow temporary permits for residents who have guests in Town or for students who are home in the summer. Council Member Kurtz stated that there are a few cases that warrant special exceptions to be made that would allow for annual permits to be issued. Motion to Amend: Motion to Amend made by Mayor Sanders, seconded by Mayor Pro Tem Lamont, to revise the first sentence of Section 2 so that it reads: “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 at the address of the person requesting the permit, if three (3) vehicles are at the address, only one (1) permit may be issued, if four (4) vehicles are at the address, a maximum of two (2) permits may be issued”. Additional amendments were made to Section 4 by adding “consecutive” to the second sentence, “$30” to the third sentence, and “the resident” to the fourth sentence so that they read: “A temporary permit authorized by this section shall be issued for a period not to exceed ninety (90) consecutive days within one (1) year from the date of issuance. The temporary parking permit fee shall be thirty dollars ($30) 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 the resident 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”. Council Member Rowe spoke in favor of allotting one permit for the household and a $50 temporary permit fee. Additionally, he stated that he would support eliminating annual permits if that was the consensus of the Council. Council Member Kurtz stated that supported not having yearly permits but that he also supported that legitimate circumstances be allowed and approved by the Police Chief. Motion to Amend the Amendment: Motion to Amend the Amendment made by Council Member Reed, seconded by Council Member Parrow, to revise the first and second sentences of Section 2 so that it reads: “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 four (4) or more vehicles at the address of the person requesting the permit. A maximum of one (1) annual permit may be issued per household”. An additional amendment was made to revise the third sentence of Section 4 so that it reads: “The temporary parking permit fee shall be one hundred dollars ($100) and shall be valid for one (1) year from the date of issuance of the permit”. Council Member Shoffner requested to divide the question. Council Member Kurtz asked if the four vehicle requirement per household applies to temporary permits. Ms. Berman asked if the language was specific that permit holders had to park in front of their property. Mayor Sanders stated that if her neighbor were to obtain a permit, then they would be required to park in front of their property. Town Council Minutes November 10, 2015 Page 6 of 9Town Council Page 54 of 295 Meeting Date: December 8, 2015 DR A F T The vote for the Second Amendment to the Motion to Amend the Amendment was taken, to change the temporary permit fee from $30 to $100. Motion failed for lack of majority 3-4-0 with Council Members Parrow, Reed, and Kurtz voting for, and Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Rowe and Shoffner voting against. Motion to Amend the Amendment: Motion to Amend the Amendment made by Council Member Rowe, seconded by Council Member Shoffner, to change the temporary permit fee from $30 to $50. Town Attorney Adams advised that the proposed ordinance regarding temporary permits applies when the need for parking extends beyond the maximum seven (7) consecutive days as approved by the Chief of Police. Modified Motion: Council Member Rowe and Council Member Shoffner agreed to modify the Motion to Amend the Amendment to include revising the first sentence of Section 4: “In lieu of purchasing an annual permit, when a person who meets the requirements of Section (E)(2) above, or in the event that 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”. The vote for the Motion to Amend the Amendment as Modified was taken, to change the temporary permit fee from $30 to $50; and to revise the first sentence of Section 4: “In lieu of purchasing an annual permit, when a person who meets the requirements of Section (E)(2) above, or in the event that 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”. Motion passed unanimously. Discussion took place that the reasoning for Town Staff recommending changing three to two vehicles was based on complaints received from residents who were seeking permits to help eliminate the rotation of vehicles. The vote for the First Amendment to the Motion to Amend the Amendment was taken, for four (4) or more vehicles and a maximum of one annual permit issued per household. 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. Motion to Amend the Amendment: Motion to Amend the Amendment made by Council Member Reed, seconded by Council Member Rowe, to strike Section 2 altogether and grant a waiver to the residents who currently hold a permit and continue to have the permit as long as they reside in Town. Council Member Rowe pointed out that the first two sentences of Section 2 would need to be moved to Section 4 regarding the number of vehicles required to obtain a temporary permit. Council Member Kurtz added that the waivers granted to the current permit holders shall not be transferable to a third party. Mayor Sanders and Council Member Shoffner spoke against the amendment because they believed there should be an option for annual permits. Council Member Rowe commented the he was concerned about future consequences of over parking on the streets. Town Council Minutes November 10, 2015 Page 7 of 9Town Council Page 55 of 295 Meeting Date: December 8, 2015 DR A F T The vote for the Motion to Amend the Amendment was taken, to strike Section 2, grant a waiver to the residents who currently hold a permit and continue to have the permit as long as they reside in Town, and implement the first and second sentences of Section 2 into Section 4. Motion carried 4-3-0 with Council Members Parrow, Reed, Rowe, and Kurtz voting for, and Mayor Sanders, Mayor Pro Tem Lamont, and Council Member Shoffner voting against. Motion to Refer: Motion made by Mayor Sanders, seconded by Council Member Shoffner, to refer the item to the next Council meeting on December 8, 2015. Mayor Sanders stated that he would like the residents to be able to review the proposed changes and have an opportunity to speak about the changes. The vote for the Motion to Refer the item was taken. Motion carried 4-3-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Kurtz and Shoffner voting for, and Council Members Parrow, Reed, and Rowe voting against. RECESSED AT 9:18 P.M. FOR A BREAK RECONVENED AT 9:25 P.M. INTO REGULAR SESSION 10. 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 *Veterans Memorial Ceremony Town Manager Seidel updated the Council and addressed questions, no action taken, update only. 11. 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: 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) Consider and take appropriate action regarding adding a parking lot between the baseball fields. (Reed 8/11/2015) (1-November 10) Mayor Sanders commented that Item No. 12 (Public, Educational and Government channel fee) from the December 8, 2015 agenda could be delayed until the next scheduled Council meeting. Mayor Pro Tem Lamont requested to add an item to the Town Council Future Agenda Items List: Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on. Council Member Shoffner requested to add an item to the Town Council Future Agenda Items List: To open the Council Rules of Procedure. Town Council Minutes November 10, 2015 Page 8 of 9Town Council Page 56 of 295 Meeting Date: December 8, 2015 DR A F T EXECUTIVE SESSION (TOWN SECRETARY NOTE: THE COUNCIL DID NOT ENTER INTO EXECUTIVE SESSION) 12. 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 RECONVENED INTO REGULAR SESSION 13. Consider and take appropriate action regarding the Executive Session. No action was taken on this item. ADJOURN Motion made by Council Member Parrow, seconded by Council Member Rowe, to adjourn. Motion carried unanimously. Meeting adjourned at 9:46 p.m. ___________________________________ ___________________________________ Holly Fimbres, Town Secretary/RMO C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes November 10, 2015 Page 9 of 9Town Council Page 57 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0762-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:11/17/2015 Town Council On agenda:Final action:12/8/2015 Title:Consider and take appropriate action regarding the Minutes dated November 13, 2015. Attachments:Draft TC Minutes November 13, 2015 Special Session.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Minutes dated November 13, 2015. Town Council Page 58 of 295 Meeting Date: December 8, 2015 DR A F T MINUTES FROM A SPECIAL SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Friday, November 13, 2015 at 8:30 A.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Friday, November 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 Philip Shoffner Council Member, Place 6 TOWN COUNCIL MEMBERS ABSENT: Tim Kurtz Council Member, Place 4 arrived at 8:34 a.m. STAFF AND GUEST(S) PRESENT: Stephen Seidel Town Manager Steven Glickman Assistant Town Manager/CFO Holly Fimbres Town Secretary/RMO Mayor Sanders announced the date of Friday, November 13, 2015, called the Town Council to order and announced a quorum at 8:30 a.m. REGULAR SESSION 1. Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the Bond Election held on November 3, 2015, in the Town of Trophy Club, Texas to authorize the issuance of General Obligation Bonds for a joint police and town hall facility; and providing an effective date. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to approve Ordinance No. 2015- 38, canvassing the returns and declaring the results of the Bond Election held on November 3, 2015, in the Town of Trophy Club, Texas to authorize the issuance of General Obligation Bonds for a joint police and town hall facility; and providing an effective date. Motion passed unanimously. 2. Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the Special Election held on November 3, 2015, in the Town of Trophy Club, Texas for the purpose of two (2) Charter Amendments; and providing an effective date. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow , to approve Ordinance No. 2015- 39, canvassing the returns and declaring the results of the Special Election held on November 3, 2015, in the Town of Trophy Club, Texas for the purpose of two (2) Charter Amendments; and providing an effective date. Motion passed unan imously. Town Council Page 59 of 295 Meeting Date: December 8, 2015 DR A F T 3. Consider and take appropriate action regarding an Ordinance adopting and putting the 2015 Home Rule Charter Amendment into effect; providing for the Incorporation of Premises; providing for engrossment, enrollment, and certification; and providing an effective date. Motion: Motion made by Mayor Pro Tem Lamont , seconded by Council Member Rowe , to approve Ordinance No. 2015-41, adopting and putting the 2015 Home Rule Charter Amendment into effect; providing for the Incorporation of Premises; providing for engrossment, enrollment, and certification; and providing an effective date. Motion passed unan imously. ADJOURN Mayor Sanders adjourned the meeting at 8:33 a.m. ___________________________________ ___________________________________ Holly Fimbres, Town Secretary/RMO C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Special Session Minutes November 13, 2015 Page 2 of 2 Town Council Page 60 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0783-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/18/2015 Town Council On agenda:Final action:12/8/2015 Title:Consider and take appropriate action regarding financial and variance report dated October 2015. Attachments:October Financial Report FY 15-16.pdf All Fund Budget Report 10.31.15.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding financial and variance report dated October 2015. Town Council Page 61 of 295 Meeting Date: December 8, 2015 Monthly Financial Statement OCTOBER 2015 Town Council Page 62 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT GENERAL FUND SUMMARY Year-to-Date OCTOBER 2015 8% Revenues Original Budget Revised Budget Year-to-Date Variance % Received Property Tax 5,801,544$ 5,801,544$ 36,459$ (5,765,085)$ 1% Licenses and Permits 558,606 558,606 58,549 (500,057) 10% Franchise Fees 947,257 947,257 7,452 (939,805) 1% Sales Tax 753,125 753,125 66,540 (686,585) 9% Fines and Fees 420,359 420,359 9,934 (410,425) 2% Intergovernmental - - - - N/A Charges for Service 274,909 274,909 8,967 (265,942) 3% Investment Income 18,000 18,000 423 (17,577) 2% Grants - - - - N/A Miscellaneous Income 240,000 240,000 44 (239,956) 0% Total Revenues 9,013,800$ 9,013,800$ 188,367$ (8,825,433)$ 2% Other Sources Original Budget Revised Budget Year-to-Date Variance % Received Transfers In 111,000$ 111,000$ -$ (111,000) 0% Total Available Resources 9,124,800$ 9,124,800$ 188,367$ (8,936,433)$ 2% Expenditures Original Budget Revised Budget Year-to-Date Variance % Used Manager's Office 843,529$ 843,529$ 58,634$ 784,895$ 7% Legal 196,972 196,972 7,548 189,424 4% Police 2,352,871 2,352,871 103,949 2,248,922 4% Emergency Medical Services 916,059 916,059 41,434 874,625 5% Streets 420,120 420,120 8,742 411,378 2% Parks 1,388,795 1,388,795 72,261 1,316,534 5% Recreation 658,647 658,647 12,264 646,384 2% Community Events 31,881 31,881 2,357 29,524 7% Community Development 582,726 582,726 21,226 561,500 4% Finance 410,419 410,419 13,625 396,794 3% Municipal Court 87,077 87,077 3,597 83,480 4% Human Resources 123,872 123,872 6,588 117,284 5% Information Services 531,262 531,262 45,293 485,969 9% Facilities Maintenance 112,079 112,079 54,340 57,739 48% Total Expenditures 8,656,309$ 8,656,309$ 451,856$ 8,204,453$ 5% Other Uses Original Budget Revised Budget Year-to-Date Variance % Used Transfers Out 385,000$ 385,000$ -$ (385,000) 0% Total Outflows of Resources 9,041,309$ 9,041,309$ 451,856$ 7,819,453$ 5% Percent of Budget Year Transpired: Page 2Town Council Page 63 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT Fund Balance Original Budget Revised Budget Year-to-Date Beginning fund balance 3,662,226$ 3,662,226$ 3,662,226$ + Net increase (Decrease)83,491 83,491 (263,489) Ending Fund Balance 3,745,717$ 3,745,717$ 3,398,737$ Fund Balance Detail Original Budget Revised Budget Year-to-Date Reserve Fund balance (30% of Total Expenditures)2,596,893$ 2,596,893$ 135,557$ Assigned Fund Balance - Committed Fund Balance 166,000 166,000 166,000 Unassigned Fund Balance in Excess (Deficit) of 30%982,825 982,825 3,097,181 Total Fund balance 3,745,718$ 3,745,718$ 3,398,737$ FY 2015 FY 2016 OCT 55,381.23 60,941.66 NOV 62,495.83 DEC 56,315.63 JAN 47,004.24 FEB 95,802.27 MAR 45,169.27 APR 50,647.90 MAY 61,533.50 JUN 58,648.52 JUL 54,958.03 AUG 65,761.96 SEP 55,702.23 0.00 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP General Fund Sales Tax Receipts FY 2015 FY 2016 From FY 2016 Adopted Budget Based on FY 2016 Adopted Budget Page 3Town Council Page 64 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT DEPARTMENTAL BUDGET REPORTS Year-to-Date OCTOBER 2015 8% Category Original Budget Revised Budget Year-to-Date Variance % Used Personnel 6,245,821$ 6,245,821$ 261,114$ 5,984,707$ 4% Services & Supplies 2,194,625 2,194,625 190,742 2,003,883 9% Capital 215,863 215,863 - 215,863 0% Total 8,656,309$ 8,656,309$ 451,856$ 8,204,453$ 5% Category Original Budget Revised Budget Year-to-Date Variance % Used Personnel 689,144$ 689,144$ 31,036$ 658,108$ 5% Services & Supplies 154,385 154,385 27,598 126,787 18% Total 843,529$ 843,529$ 58,634$ 784,895$ 7% Category Original Budget Revised Budget Year-to-Date Variance % Used Personnel 165,480$ 165,480$ 7,479$ 158,001$ 5% Services & Supplies 31,492 31,492 70 31,422 0% Total 196,972$ 196,972$ 7,548$ 189,424$ 4% Category Original Budget Revised Budget Year-to-Date Variance % Used Personnel 2,022,142$ 2,022,142$ 86,153$ 1,935,989$ 4% Services & Supplies 284,929 284,929 17,796 267,133 6% Capital 45,800 45,800 - 45,800 0% Total 2,352,871$ 2,352,871$ 103,949$ 2,248,922$ 4% Category Original Budget Revised Budget Year-to-Date Variance % Used Personnel 793,590$ 793,590$ 35,987$ 757,603$ 5% Services & Supplies 104,469 104,469 5,447 99,022 5% Capital 18,000 18,000 - 18,000 0% Total 916,059$ 916,059$ 41,434$ 874,625$ 5% Police EMS Percent of Budget Year Transpired: Manager's Office Legal General Fund Summary Page 4Town Council Page 65 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT Departmental Budget Reports Year-to-Date OCTOBER 2015 8% Category Original Budget Revised Budget Year-to-Date Variance % Used Personnel 220,656$ 220,656$ 8,083$ 212,573$ 4% Services & Supplies 199,464 199,464 660 198,804 0% Total 420,120$ 420,120$ 8,742$ 411,378$ 2% Category Original Budget Revised Budget Year-to-Date Variance % Used Personnel 786,327$ 786,327$ 33,826$ 752,501$ 4% Services & Supplies 579,868 579,868 38,434 541,434 7% Capital 22,600 22,600 - 22,600 0% Total 1,388,795$ 1,388,795$ 72,261$ 1,316,534$ 5% Category Original Budget Revised Budget Year-to-Date Variance % Used Personnel 417,042$ 417,042$ 8,828$ 408,214$ 2% Services & Supplies 161,605 161,605 3,435 158,170 2% Capital 80,000 80,000 - 80,000 0% Total 658,647$ 658,647$ 12,264$ 646,384$ 2% Category Original Budget Revised Budget Year-to-Date Variance % Used Services & Supplies 31,881$ 31,881$ 2,357$ 29,524$ 7% Total 31,881$ 31,881$ 2,357$ 29,524$ 7% Category Original Budget Revised Budget Year-to-Date Variance % Used Personnel 451,227$ 451,227$ 19,985$ 431,242$ 4% Services & Supplies 131,499 131,499 1,241 130,258 1% Total 582,726$ 582,726$ 21,226$ 561,500$ 4% Streets Community Development Percent of Budget Year Transpired: Parks Recreation Community Events Page 5Town Council Page 66 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT Departmental Budget Reports Year-to-Date OCTOBER 2015 8% Category Original Budget Revised Budget Year-to-Date Variance % Used Personnel 285,126$ 285,126$ 12,759$ 272,367$ 4% Services & Supplies 125,293 125,293 865 124,428 1% Total 410,419$ 410,419$ 13,625$ 396,794$ 3% Category Original Budget Revised Budget Year-to-Date Variance % Used Personnel 77,388$ 77,388$ 3,278$ 74,110$ 4% Services & Supplies 9,689 9,689 319 9,370 3% Total 87,077$ 87,077$ 3,597$ 83,480$ 4% Category Original Budget Revised Budget Year-to-Date Variance % Used Personnel 119,557$ 119,557$ 4,815$ 114,742$ 4% Services & Supplies 4,315 4,315 1,773 2,542 41% Total 123,872$ 123,872$ 6,588$ 117,284$ 5% Category Original Budget Revised Budget Year-to-Date Variance % Used Personnel 218,142$ 218,142$ 8,885$ 209,257$ 4% Services & Supplies 263,657 263,657 36,407 227,249 14% Capital 49,463 49,463 - 49,463 0% Total 531,262$ 531,262$ 45,293$ 485,969$ 9% Category Original Budget Revised Budget Year-to-Date Variance % Used Services & Supplies 112,079$ 112,079$ 54,340$ 57,739$ 48% Total 112,079$ 112,079$ 54,340$ 57,739$ 48% Facilities Maintenance Finance Municipal Court Human Resources Information Services Percent of Budget Year Transpired: Due to annual insurance prepayment which was $5,126 less than budgeted amount. Page 6Town Council Page 67 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT DEBT SERVICE FUND Year-to-Date OCTOBER 2015 8% Revenues Original Budget Revised Budget Year-to-Date Variance % Received Property Tax 1,704,718$ 1,704,718$ 10,722$ (1,693,996)$ 1% Interest Income 250 250 10 (240) 4% Total Revenue 1,704,968$ 1,704,968$ 10,732$ (1,694,236)$ 1% Other Sources Original Budget Revised Budget Year-to-Date Variance % Received Transfers In 87,206$ 87,206$ -$ 87,206$ 0% Total 87,206$ 87,206$ -$ 87,206$ 0% Expenditures Original Budget Revised Budget Year-to-Date Variance % Used Principal Payments 1,339,500$ 1,339,500$ -$ 1,339,500$ 0% Interest Payments 383,067 383,067 - 383,067 0% Paying Agent Fees 4,500 4,500 10,250 (5,750) 228% Total Expenditures 1,727,067$ 1,727,067$ 10,250$ 1,716,817$ 1% Fund Balance Original Budget Revised Budget Year-to-Date Beginning Fund Balance 105,367$ 105,367$ 105,367$ +Net Increase (Decrease)65,107 65,107 482 Ending Fund Balance 170,474$ 170,474$ 105,849$ Percent of Budget Year Transpired: From FY 2016 Adopted Budget Overdue to Attorney General review fee for PID refunding of $9,500. Will be reimbursed upon completion. Page 7Town Council Page 68 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT CAPITAL PROJECTS FUND Year-to-Date OCTOBER 2015 8% Revenues Original Budget Revised Budget Year-to-Date Variance % Received Interest Income 100$ 100$ 216$ 116$ 216% Bond Proceeds 9,750,000$ 9,750,000$ -$ (9,750,000)$ 0% Total 9,750,100$ 9,750,100$ 216$ (9,749,884)$ 0% Other Sources Original Budget Revised Budget Year-to-Date Variance % Received Transfer In 385,000$ 385,000$ -$ (385,000)$ 0% Total 385,000$ 385,000$ -$ (385,000)$ NA Expenditures Original Budget Revised Budget Year-to-Date Variance % Used Capital Outlay 8,848,404 8,848,404 111,988 (8,736,416) 1% Total 8,848,404$ 8,848,404$ 111,988$ (8,736,416)$ 1% Fund Balance Original Budget Revised Budget Year-to-Date Beginning Fund Balance 1,293,027$ 1,293,027$ 1,293,027$ +Net Increase (Decrease)1,286,696 1,286,696 (111,772) Ending Fund Balance 2,579,723$ 2,579,723$ 1,181,255$ Percent of Budget Year Transpired: From FY 2016 Adopted Budget Page 8Town Council Page 69 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT TROPHY CLUB PARK FUND Year-to-Date OCTOBER 2015 8% Revenue Original Budget Revised Budget Year-to-Date Variance % Received Park Revenue 165,000$ 165,000$ 2,144$ (162,856)$ 1% Interest Income -$ -$ -$ -$ N/A Total Revenue 165,000$ 165,000$ 2,144$ (162,856)$ 1% Expenses Original Budget Revised Budget Year-to-Date Variance % Used Salaries 45,544$ 45,544$ 1,804$ 43,740$ 4% Longevity 204 204 - 204 0% Stipend 300 300 - 300 0% Retirement 3,504 3,504 167 3,337 5% Medical Insurance 3,000 3,000 151 2,849 5% Dental Insurance 233 233 12 221 5% Vision Insurance 32 32 2 30 5% Life Insurance & Other 239 239 11 228 5% Social Security Taxes 2,836 2,836 111 2,725 4% Medicare Taxes 668 668 26 642 4% Unemployment Taxes 306 306 2 304 1% Workman's compensation 1,094 1,094 - 1,094 0% Total Personnel Services 57,960$ 57,960$ 2,285$ 55,675$ 4% Professional Outside Services 2,500$ 2,500$ -$ 2,500$ 0% Auditing 1,000 1,000 - 1,000 0% Software & Support 7,241 7,241 2,822 4,419 39% Advertising 1,235 1,235 - 1,235 0% Service Charges & Fees 8,495 8,495 1,618 6,877 19% Electricity 2,800 2,800 - 2,800 0% Water 1,747 1,747 410 1,337 23% Telephone 1,900 1,900 168 1,732 9% Communication/Pagers/Mobiles 933 933 121 812 13% Insurance 1,200 1,200 - 1,200 0% Property Maintenance 10,500 10,500 1,860 8,640 18% Equipment Maintenance 2,384 2,384 578 1,806 24% Independent labor 26,600 26,600 - 26,600 0% Portable Toilets 3,644 3,644 1,265 2,380 35% Dues & Membership 250 250 - 250 0% Travel & Per Diem 492 492 - 492 0% Office Supplies 1,044 1,044 - 1,044 0% Postage 327 327 - 327 0% Fuel 1,250 1,250 125 1,125 10% Uniforms 520 520 - 520 0% Community Events 14,900 14,900 787 14,113 5% Small tools 1,200 1,200 - 1,200 0% Furniture/Equipment <$5,000 1,920 1,920 - 1,920 0% Maintenance Supplies 464 464 - 464 0% Miscellaneous Expense 500 500 - 500 0% Total Services & Supplies 95,046$ 95,046$ 9,755$ 85,291$ 10% Total Expenses 153,006$ 153,006$ 12,039$ 140,967$ 8% Percent of Budget Year Transpired: Page 9Town Council Page 70 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT TROPHY CLUB PARK FUND CONTINUED Other Uses Original Budget Revised Budget Year-to-Date Variance % Used Park Administration Transfer 8,000$ 8,000$ -$ 8,000$ 0% Total Other Uses 8,000$ 8,000$ -$ 8,000$ 0% Working Capital Year-to-Date Operating Days Beginning Working Capital (70,458)$ (158) +Net Increase (Decrease)(9,895) (22) Ending Working Capital (80,353)$ (180) From FY 2016 Adopted Budget Page 10Town Council Page 71 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT STORM DRAINAGE UTILITY FUND Year-to-Date OCTOBER 2015 8% Revenue Original Budget Revised Budget Year-to-Date Variance % Received Storm Drainage Fees 414,700$ 414,700$ 33,468$ (381,232)$ 8% Interest Income 100 100 15 (85) 15% Total Revenue 414,800$ 414,800$ 33,483$ (381,317)$ 8% Expenses Original Budget Revised Budget Year-to-Date Variance % Used Operating Expenses 195,303 195,303 4,051 191,252 2% Debt Service 175,400 175,400 - 175,400 0% Total Expenses 370,703$ 370,703$ 4,051$ 366,652$ 1% Other Uses Original Budget Revised Budget Year-to-Date Variance % Used Transfer to Debt Service 62,206$ 62,206$ -$ 62,206$ 0% Total Other Uses 62,206$ 62,206$ -$ 62,206$ 0% Working Capital Year-to-Date Operating Days Beginning Working Capital 154,946$ 129 +Net Increase (Decrease)29,432 24 Ending Working Capital 184,378$ 153 Drainage Capital Projects Original Budget Revised Budget Year-to-Date Funding Source 2013 CO Proceeds $ 206,139 $ 206,139 281,210$ Operating Funds 36,488 36,488 36,488 Project Detail Indian Creek - - -$ Timber Ridge/Fresh Meadow - - - Cypress Court Drainage Inlets (20,000) (20,000) - Pin Oak Court (51,260) (51,260) - Pebble Beach Drive (71,367) (71,367) 70,783 Broadway Creek Improvements and Amenity Lake Slopes (100,000) (100,000) - Remaining Funding -$ -$ 246,915$ Percent of Budget Year Transpired From FY 2016 Adopted Budget Page 11Town Council Page 72 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT CRIME CONTROL PREVENTION DISTRICT Year-to-Date OCTOBER 2015 8% Revenue Original Budget Revised Budget Year-to-Date Variance % Received Sales Tax 186,433$ 186,433$ 15,043$ (171,390)$ 8% Interest Income - - 15 15 N/A Total Revenue 186,433$ 186,433$ 15,058$ (171,375)$ 8% Expenditures Original Budget Revised Budget Year-to-Date Variance % Used Services & Supplies 57,400$ 57,400$ 1,600$ 55,800$ 3% Capital Expenses 125,000 125,000 24,174 100,826 19% Total Expenditure 182,400$ 182,400$ 25,774$ 156,626$ 14% Fund Balance Original Budget Revised Budget Year-to-Date Beginning Fund Balance 38,491$ 38,491$ 38,491$ +Net Increase (Decrease)4,033 4,033 (10,716) Ending Fund Balance 42,524$ 42,524$ 27,775$ Percent of Budget Year Transpired: From FY 2016 Adopted Budget Vehicle purchased with prior year encumbrance. Page 12Town Council Page 73 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT STREET MAINTENANCE SALES TAX FUND Year-to-Date OCTOBER 2015 8% Revenue Original Budget Revised Budget Year-to-Date Variance % Received Sales Tax 182,554$ 182,554$ 15,235$ (167,319)$ 8% Interest Income -$ -$ -$ -$ N/A Total Revenue 182,554$ 182,554$ 15,235$ (167,319)$ 8% Expenditures Original Budget Revised Budget Year-to-Date Variance % Used Operating Expenditures 160,412$ 160,412$ 5,046$ 113,402$ 3% Total Expenses 160,412$ 160,412$ 5,046$ 155,366$ 3% Other Uses Original Budget Revised Budget Year-to-Date Variance % Used Transfer To Debt Service 25,000$ 25,000$ -$ 25,000$ 0% Total Other Uses 25,000$ 25,000$ -$ 25,000$ 0% Fund Balance Original Budget Revised Budget Year-to-Date Beginning Fund Balance 49,584$ 49,584$ 49,584$ +Net Increase (Decrease)(2,858) (2,858) 10,190 Ending Fund Balance 46,726$ 46,726$ 59,774$ Percent of Budget Year Transpired: From FY 2016 Adopted Budget Page 13Town Council Page 74 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT COURT TECHNOLOGY FUND Year-to-Date OCTOBER 2015 8% Revenue Original Budget Revised Budget Year-to-Date Variance % Received Fines & Fees 4,000$ 4,000$ 321$ (3,679)$ 8% Total Revenue 4,000$ 4,000$ 321$ (3,679)$ 8% Expenditures Original Budget Revised Budget Year-to-Date Variance % Used Purchased Services 5,200$ 5,200$ 2,824$ 2,376$ 54% Total Expenditure 5,200$ 5,200$ 2,824$ 2,376$ 54% Fund Balance Original Budget Revised Budget Year-to-Date Beginning Fund Balance 21,437$ 21,437$ 21,437$ +Net Increase (Decrease)(1,200) (1,200) (2,503) Ending Fund Balance 20,237$ 20,237$ 18,934$ Percent of Budget Year Transpired: From FY 2016 Adopted Budget Incode annual Court Maintenance. Page 14Town Council Page 75 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT COURT SECURITY FUND Year-to-Date OCTOBER 2015 8% Revenue Original Budget Revised Budget Year-to-Date Variance % Received Municipal Court Security Fee 3,000$ 3,000$ 241$ (2,759)$ 8% Total Revenue 3,000$ 3,000$ 241$ (2,759)$ 8% Other Uses Original Budget Revised Budget Year-to-Date Variance % Received Transfer to General Fund 3,000$ 3,000$ -$ 3,000$ 0% Total Other Uses 3,000$ 3,000$ -$ 3,000$ 0% Fund Balance Original Budget Revised Budget Year-to-Date Beginning Fund Balance 21,793$ 21,793$ 21,793$ +Net Increase (Decrease)- - 241 Ending Fund Balance 21,793$ 21,793$ 22,034$ Percent of Budget Year Transpired: From FY 2016 Adopted Budget Page 15Town Council Page 76 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT ECONOMIC DEVELOPMENT COPORATION 4B Year-to-Date OCTOBER 2015 8% Revenue Original Budget Revised Budget Year-to-Date Variance % Received Sales Tax 365,109$ 365,109$ 30,471$ 334,638$ 8% Interest Income 450 450 50 400 11% Total Revenue 365,559$ 365,559$ 30,521$ 335,038$ 8% Expenditures Original Budget Revised Budget Year-to-Date Variance % Used Auditing 1,000$ 1,000$ -$ 1,000$ 0% Advertising 5,200 5,200 - 5,200 0% Printing 500 500 - 500 0% Schools & Training 1,310 1,310 - 1,310 0% Dues & Membership 1,050 1,050 - 1,050 0% Travel & Per Diem 694 694 - 694 0% Office Supplies 250 250 - 250 0% Miscellaneous Expense 7,950 7,950 - 7,950 0% EDC Projects 3,750 3,750 - 3,750 0% Incentive Programs 140,773 140,773 11,731 129,042 8% Total Expenditures 162,477$ 162,477$ 11,731$ 150,746$ 7% Other Uses Original Budget Revised Budget Year-to-Date Variance % Used Transfer Out 208,473$ 208,473$ -$ 208,473$ 0% Total Other Uses 208,473$ 208,473$ -$ 208,473$ 0% Fund Balance Original Budget Revised Budget Year-to-Date Beginning Fund Balance 490,480$ 490,480$ 490,480$ +Net Increase (Decrease)(5,391) (5,391) 18,790 Ending Fund Balance 485,089$ 485,089$ 509,270$ Percent of Budget Year Transpired: From FY 2016 Adopted Budget Page 16Town Council Page 77 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT HOTEL OCCUPANCY Year-to-Date OCTOBER 2015 8% Revenue Original Budget Revised Budget Year-to-Date Variance % Received Hotel Occupancy Tax 354,520$ 354,520$ 24,232$ (330,288)$ 7% Interest income 500 500 30 (470) 6% Total Revenue 355,020$ 355,020$ 24,262$ (330,758)$ 7% Expenditures Original Budget Revised Budget Year-to-Date Variance % Used Advertising $ 83,000 $ 83,000 -$ 83,000$ 0% Event Rentals 46,825 46,825 - 46,825 0% July 4 Celebration 26,000 26,000 - 26,000 0% Total Expenditures 155,825$ 155,825$ -$ 155,825$ 0% Other Uses Original Budget Revised Budget Year-to-Date Variance % Used Transfer Out 100,000$ 100,000$ -$ 100,000$ 0% Total Other Uses 100,000$ 100,000$ -$ 100,000$ 0% Fund Balance Original Budget Revised Budget Year-to-Date Beginning Fund Balance 451,931$ 451,931$ 451,931$ +Net Increase (Decrease)99,195 99,195 24,262 Ending Fund Balance 551,126$ 551,126$ 476,193$ Percent of Budget Year Transpired: From FY 2016 Adopted Budget Page 17Town Council Page 78 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT RECREATIONAL PROGRAMS Year-to-Date OCTOBER 2015 8% Revenue Original Budget Revised Budget Year-to-Date Variance % Received Recreational Programs 8,000$ 8,000$ 42$ (7,958)$ 1% Total Revenue 8,000$ 8,000$ 42$ (7,958)$ 1% Expenditures Original Budget Revised Budget Year-to-Date Variance % Used Recreational Programs 8,000$ 8,000$ 540$ 7,460$ 7% Total Expenditures 8,000$ 8,000$ 540$ 7,460$ 7% Fund Balance Original Budget Revised Budget Year-to-Date Beginning Fund Balance 2,812$ 2,812$ 2,812$ +Net Increase (Decrease)- - (498) Ending Fund Balance 2,812$ 2,812$ 2,314$ Percent of Budget Year Transpired: From FY 2016 Adopted Budget Page 18Town Council Page 79 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT TIRZ #1 Year-to-Date OCTOBER 2015 8% Revenue Original Budget Revised Budget Year-to-Date Variance % Received Propety Tax 6,095$ 6,095$ -$ (6,095)$ 0% Sales Tax 1,000 1,000 - (1,000)$ 0% Total Revenue 7,095$ 7,095$ -$ (7,095)$ 0% Fund Balance Original Budget Revised Budget Year-to-Date Beginning Fund Balance 8,291$ 8,291$ 8,291$ +Net Increase (Decrease)7,095 7,095 - Ending Fund Balance 15,386$ 15,386$ 8,291$ Percent of Budget Year Transpired: From FY 2016 Adopted Budget Page 19Town Council Page 80 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB OCTOBER 2015 FINANCIAL REPORT ANNIVERSARY FUND Year-to-Date OCTOBER 2015 8% Revenue Original Budget Revised Budget Year-to-Date Variance % Received Donations -$ -$ -$ -$ N/A Total Revenue -$ -$ -$ -$ N/A Expenditures Original Budget Revised Budget Year-to-Date Variance % Used Community Events -$ -$ 2,345$ (2,345)$ N/A Total Expenditures -$ -$ 2,345$ (2,345)$ N/A Fund Balance Original Budget Revised Budget Year-to-Date Beginning Fund Balance 5,312$ 5,312$ 5,312$ +Net Increase (Decrease)- - (2,345) Ending Fund Balance 5,312$ 5,312$ 2,967$ Percent of Budget Year Transpired: From FY 2016 Adopted Budget Page 20Town Council Page 81 of 295 Meeting Date: December 8, 2015 12/2/2015 9:21:28 AM Page 1 of 29 All Fund Budget Report Town of Trophy Club, TX Account Summary For Fiscal: 2015-2016 Period Ending: 10/31/2015 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Fund: 01 - GENERAL FUND Revenue Department: 000 - General Category: 40 - Taxes Property Taxes 5,776,544.00 37,547.45 -5,738,996.55 99.35 %37,547.4501-000-40100 5,776,544.00 Property Taxes/Delinquent 15,000.00 -1,188.61 -16,188.61 107.92 %-1,188.6101-000-40125 15,000.00 Property Taxes/Penalty & Interest 10,000.00 100.15 -9,899.85 99.00 %100.1501-000-40150 10,000.00 Sales Tax - General 730,218.00 60,941.66 -669,276.34 91.65 %60,941.6601-000-40300 730,218.00 Mixed Beverage Tax 22,907.00 5,598.38 -17,308.62 75.56 %5,598.3801-000-40360 22,907.00 Category: 40 - Taxes Total:102,999.03102,999.036,554,669.00 6,554,669.00 -6,451,669.97 98.43 % Category: 41 - Licenses & Permits Electric Franchise 399,347.00 0.00 -399,347.00 100.00 %0.0001-000-41050 399,347.00 Gas Franchise 103,074.00 0.00 -103,074.00 100.00 %0.0001-000-41100 103,074.00 Telecommunication Franchise 50,362.00 78.24 -50,283.76 99.84 %78.2401-000-41150 50,362.00 Cable Franchise 251,914.00 1.50 -251,912.50 100.00 %1.5001-000-41200 251,914.00 Refuse Franchise 142,560.00 7,372.23 -135,187.77 94.83 %7,372.2301-000-41250 142,560.00 Building Permits 374,052.00 47,087.06 -326,964.94 87.41 %47,087.0601-000-41300 374,052.00 Miscellaneous Permits 184,554.00 11,462.20 -173,091.80 93.79 %11,462.2001-000-41330 184,554.00 Category: 41 - Licenses & Permits Total:66,001.2366,001.231,505,863.00 1,505,863.00 -1,439,861.77 95.62 % Category: 43 - Fines & Fees City Vehicle Registration Fees/Child S…10,000.00 0.00 -10,000.00 100.00 %0.0001-000-43002 10,000.00 Golf Cart Registration 1,000.00 310.00 -690.00 69.00 %310.0001-000-43005 1,000.00 Records Management Revenue 500.00 12.00 -488.00 97.60 %12.0001-000-43011 500.00 Municipal Court Fines/Fees 103,238.00 8,169.74 -95,068.26 92.09 %8,169.7401-000-43100 103,238.00 Municipal Court - Child Safety Fees 4,194.00 375.00 -3,819.00 91.06 %375.0001-000-43105 4,194.00 Zoning Fees 0.00 200.00 200.00 0.00 %200.0001-000-43220 0.00 Platting Fees 1,000.00 0.00 -1,000.00 100.00 %0.0001-000-43225 1,000.00 Developer Fees 5,000.00 0.00 -5,000.00 100.00 %0.0001-000-43230 5,000.00 P&Z Administrative Fees 1,500.00 507.00 -993.00 66.20 %507.0001-000-43240 1,500.00 Day Camp Programs 60,600.00 0.00 -60,600.00 100.00 %0.0001-000-43310 60,600.00 Community Events Revenue 1,500.00 0.00 -1,500.00 100.00 %0.0001-000-43315 1,500.00 Pool Entry Fees 126,265.00 0.00 -126,265.00 100.00 %0.0001-000-43320 126,265.00 Pool Rentals 19,480.00 0.00 -19,480.00 100.00 %0.0001-000-43325 19,480.00 Swim Team Programs 29,150.00 0.00 -29,150.00 100.00 %0.0001-000-43330 29,150.00 Aquatic Programs 19,382.00 0.00 -19,382.00 100.00 %0.0001-000-43335 19,382.00 Pool Concessions 23,000.00 -75.46 -23,075.46 100.33 %-75.4601-000-43340 23,000.00 Denton/Tarrant County - EMS 5,500.00 0.00 -5,500.00 100.00 %0.0001-000-43425 5,500.00 Animal Control 3,500.00 301.00 -3,199.00 91.40 %301.0001-000-43600 3,500.00 Miscellaneous Police Revenue 1,500.00 20.00 -1,480.00 98.67 %20.0001-000-43650 1,500.00 Convenience Fees 4,050.00 114.78 -3,935.22 97.17 %114.7801-000-43800 4,050.00 Category: 43 - Fines & Fees Total:9,934.069,934.06420,359.00 420,359.00 -410,424.94 97.64 % Category: 44 - Charges for Services EMS Runs 160,018.00 8,966.78 -151,051.22 94.40 %8,966.7801-000-44000 160,018.00 NISD Contract for SRO 106,891.00 0.00 -106,891.00 100.00 %0.0001-000-44001 106,891.00 PID Reimbursement 8,000.00 0.00 -8,000.00 100.00 %0.0001-000-44003 8,000.00 Category: 44 - Charges for Services Total:8,966.788,966.78274,909.00 274,909.00 -265,942.22 96.74 % Category: 45 - Rents Recreation Rentals 34,000.00 20.00 -33,980.00 99.94 %20.0001-000-45100 34,000.00 Cell Tower Lease Revenue 181,000.00 0.00 -181,000.00 100.00 %0.0001-000-45150 181,000.00 Category: 45 - Rents Total:20.0020.00215,000.00 215,000.00 -214,980.00 99.99 % Town Council Page 82 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 2 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Category: 47 - Investment Income Interest Income 18,000.00 422.71 -17,577.29 97.65 %422.7101-000-47000 18,000.00 Category: 47 - Investment Income Total:422.71422.7118,000.00 18,000.00 -17,577.29 97.65 % Category: 49 - Other Financing Sources Transfer In 111,000.00 0.00 -111,000.00 100.00 %0.0001-000-49220 111,000.00 Category: 49 - Other Financing Sources Total:0.000.00111,000.00 111,000.00 -111,000.00 100.00 % Category: 51 - Miscellaneous Miscellaneous Revenue 25,000.00 23.53 -24,976.47 99.91 %23.5301-000-51012 25,000.00 Category: 51 - Miscellaneous Total:23.5323.5325,000.00 25,000.00 -24,976.47 99.91 % Department: 000 - General Total:188,367.34188,367.349,124,800.00 9,124,800.00 -8,936,432.66 97.94 % Revenue Total:188,367.34188,367.349,124,800.00 9,124,800.00 -8,936,432.66 97.94 % Expense Department: 000 - General Category: 99 - Other Financing Uses Transfer Out 385,000.00 0.00 385,000.00 100.00 %0.0001-000-99150 385,000.00 Transfer to Future Replacement Rese…259,555.00 0.00 259,555.00 100.00 %0.0001-000-99500 259,555.00 Category: 99 - Other Financing Uses Total:0.000.00644,555.00 644,555.00 644,555.00 100.00 % Department: 000 - General Total:0.000.00644,555.00 644,555.00 644,555.00 100.00 % Department: 140 - Manager's Office Category: 50 - Personnel Services Salaries - Regular 507,062.00 23,494.67 483,567.33 95.37 %23,494.6701-140-50100 507,062.00 Salaries - Longevity 1,168.00 0.00 1,168.00 100.00 %0.0001-140-50140 1,168.00 Salaries - Stipend 3,000.00 0.00 3,000.00 100.00 %0.0001-140-50145 3,000.00 Retirement 77,518.00 3,732.41 73,785.59 95.19 %3,732.4101-140-51200 77,518.00 Medical Insurance 49,631.00 1,870.09 47,760.91 96.23 %1,870.0901-140-51210 49,631.00 Dental Insurance 3,234.00 163.63 3,070.37 94.94 %163.6301-140-51215 3,234.00 Vision Insurance 624.00 28.70 595.30 95.40 %28.7001-140-51216 624.00 Life Insurance & Other 3,227.00 153.25 3,073.75 95.25 %153.2501-140-51218 3,227.00 Social Security Taxes 27,497.00 958.90 26,538.10 96.51 %958.9001-140-52220 27,497.00 Medicare Taxes 7,413.00 323.59 7,089.41 95.63 %323.5901-140-52225 7,413.00 Unemployment Taxes 1,035.00 7.29 1,027.71 99.30 %7.2901-140-52250 1,035.00 Workman's Compensation 1,285.00 0.00 1,285.00 100.00 %0.0001-140-52260 1,285.00 Auto Allowance 6,000.00 303.57 5,696.43 94.94 %303.5701-140-52950 6,000.00 Employee Relations 450.00 0.00 450.00 100.00 %0.0001-140-52960 450.00 Category: 50 - Personnel Services Total:31,036.1031,036.10689,144.00 689,144.00 658,107.90 95.50 % Category: 60 - Purchased Services Professional Outside Services 2,000.00 0.00 2,000.00 100.00 %0.0001-140-60100 2,000.00 Records Management 2,042.00 150.00 1,892.00 92.65 %150.0001-140-60805 2,042.00 Newsletter/Year-in-Review 10,600.00 0.00 10,600.00 100.00 %0.0001-140-61500 10,600.00 Elections 22,000.00 23,905.40 -1,905.40 -8.66 %23,905.4001-140-62100 22,000.00 Advertising 3,900.00 714.78 3,185.22 81.67 %714.7801-140-63200 3,900.00 Printing 2,980.00 0.00 2,980.00 100.00 %0.0001-140-63250 2,980.00 Schools & Training 4,255.00 77.25 4,177.75 98.18 %77.2501-140-63551 4,255.00 Communications /Pagers/Mobiles 4,060.00 102.88 3,957.12 97.47 %102.8801-140-64400 4,060.00 Independent Labor 1,800.00 0.00 1,800.00 100.00 %0.0001-140-67000 1,800.00 Dues & Membership 20,775.00 2,552.17 18,222.83 87.72 %2,552.1701-140-68100 20,775.00 Travel & per diem 7,938.00 26.02 7,911.98 99.67 %26.0201-140-68200 7,938.00 Meetings 9,688.00 0.00 9,688.00 100.00 %0.0001-140-68600 9,688.00 Category: 60 - Purchased Services Total:27,528.5027,528.5092,038.00 92,038.00 64,509.50 70.09 % Category: 70 - Supplies Office Supplies 3,500.00 19.14 3,480.86 99.45 %19.1401-140-70100 3,500.00 Postage 2,300.00 0.00 2,300.00 100.00 %0.0001-140-70300 2,300.00 Publications/Books/Subscriptions 48.00 0.00 48.00 100.00 %0.0001-140-70400 48.00 Mayor/Council Expense 23,399.00 50.00 23,349.00 99.79 %50.0001-140-70600 23,399.00 Furniture/Equipment<$5,000 1,000.00 0.00 1,000.00 100.00 %0.0001-140-78500 1,000.00 Town Council Page 83 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 3 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Contingency Expense 25,000.00 0.00 25,000.00 100.00 %0.0001-140-79900 25,000.00 Miscellaneous Expense 7,100.00 0.00 7,100.00 100.00 %0.0001-140-79999 7,100.00 Category: 70 - Supplies Total:69.1469.1462,347.00 62,347.00 62,277.86 99.89 % Department: 140 - Manager's Office Total:58,633.7458,633.74843,529.00 843,529.00 784,895.26 93.05 % Department: 160 - Legal Category: 50 - Personnel Services Salaries - Regular 122,200.00 5,559.55 116,640.45 95.45 %5,559.5501-160-50100 122,200.00 Salaries - Longevity 1,148.00 0.00 1,148.00 100.00 %0.0001-160-50140 1,148.00 Salaries - Stipend 750.00 0.00 750.00 100.00 %0.0001-160-50145 750.00 Retirement 24,820.00 1,148.61 23,671.39 95.37 %1,148.6101-160-51200 24,820.00 Medical Insurance 5,781.00 292.50 5,488.50 94.94 %292.5001-160-51210 5,781.00 Dental Insurance 414.00 20.96 393.04 94.94 %20.9601-160-51215 414.00 Vision Insurance 81.00 4.10 76.90 94.94 %4.1001-160-51216 81.00 Life Insurance & Other 716.00 37.23 678.77 94.80 %37.2301-160-51218 716.00 Social Security Taxes 7,254.00 336.85 6,917.15 95.36 %336.8501-160-52220 7,254.00 Medicare Taxes 1,799.00 78.78 1,720.22 95.62 %78.7801-160-52225 1,799.00 Unemployment Taxes 207.00 0.00 207.00 100.00 %0.0001-160-52250 207.00 Workman's Compensation 310.00 0.00 310.00 100.00 %0.0001-160-52260 310.00 Category: 50 - Personnel Services Total:7,478.587,478.58165,480.00 165,480.00 158,001.42 95.48 % Category: 60 - Purchased Services Professional Outside Services 20,000.00 0.00 20,000.00 100.00 %0.0001-160-60100 20,000.00 Schools & Training 450.00 0.00 450.00 100.00 %0.0001-160-63551 450.00 Communications /Pagers/Mobiles 696.00 50.72 645.28 92.71 %50.7201-160-64400 696.00 Dues & Membership 495.00 0.00 495.00 100.00 %0.0001-160-68100 495.00 Travel & per diem 1,550.00 0.00 1,550.00 100.00 %0.0001-160-68200 1,550.00 Category: 60 - Purchased Services Total:50.7250.7223,191.00 23,191.00 23,140.28 99.78 % Category: 70 - Supplies Office Supplies 130.00 19.14 110.86 85.28 %19.1401-160-70100 130.00 Postage 50.00 0.00 50.00 100.00 %0.0001-160-70300 50.00 Publications/Books/Subscriptions 8,021.00 0.00 8,021.00 100.00 %0.0001-160-70400 8,021.00 Miscellaneous Expense 100.00 0.00 100.00 100.00 %0.0001-160-79999 100.00 Category: 70 - Supplies Total:19.1419.148,301.00 8,301.00 8,281.86 99.77 % Department: 160 - Legal Total:7,548.447,548.44196,972.00 196,972.00 189,423.56 96.17 % Department: 251 - Police Category: 50 - Personnel Services Salaries - Regular 1,386,202.00 62,805.59 1,323,396.41 95.47 %62,805.5901-251-50100 1,386,202.00 Salaries - Overtime 61,420.00 2,866.92 58,553.08 95.33 %2,866.9201-251-50130 61,420.00 Salaries - Longevity 11,170.00 0.00 11,170.00 100.00 %0.0001-251-50140 11,170.00 Salaries - Stipend 15,750.00 0.00 15,750.00 100.00 %0.0001-251-50145 15,750.00 Salaries - Certification 10,200.00 203.56 9,996.44 98.00 %203.5601-251-50160 10,200.00 Salaries - Holiday Pay 30,327.00 0.00 30,327.00 100.00 %0.0001-251-50180 30,327.00 Retirement 186,621.00 8,334.10 178,286.90 95.53 %8,334.1001-251-51200 186,621.00 Medical Insurance 143,875.00 5,840.12 138,034.88 95.94 %5,840.1201-251-51210 143,875.00 Dental Insurance 10,478.00 546.25 9,931.75 94.79 %546.2501-251-51215 10,478.00 Vision Insurance 2,352.00 113.57 2,238.43 95.17 %113.5701-251-51216 2,352.00 Life Insurance & Other 12,336.00 576.72 11,759.28 95.32 %576.7201-251-51218 12,336.00 Social Security Taxes 92,390.00 3,921.82 88,468.18 95.76 %3,921.8201-251-52220 92,390.00 Medicare Taxes 21,969.00 917.20 21,051.80 95.83 %917.2001-251-52225 21,969.00 Unemployment Taxes 5,001.00 16.12 4,984.88 99.68 %16.1201-251-52250 5,001.00 Workman's Compensation 28,851.00 0.00 28,851.00 100.00 %0.0001-251-52260 28,851.00 Pre-employment Physicals/Testing 2,000.00 0.00 2,000.00 100.00 %0.0001-251-52290 2,000.00 Clothing Allowance 1,200.00 10.72 1,189.28 99.11 %10.7201-251-52940 1,200.00 Category: 50 - Personnel Services Total:86,152.6986,152.692,022,142.00 2,022,142.00 1,935,989.31 95.74 % Category: 60 - Purchased Services Professional Outside Services 14,500.00 2,000.00 12,500.00 86.21 %2,000.0001-251-60100 14,500.00 Advertising 7,000.00 0.00 7,000.00 100.00 %0.0001-251-63200 7,000.00 Town Council Page 84 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 4 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Printing 700.00 0.00 700.00 100.00 %0.0001-251-63250 700.00 Schools & Training 9,900.00 425.00 9,475.00 95.71 %425.0001-251-63551 9,900.00 Electricity 15,500.00 0.00 15,500.00 100.00 %0.0001-251-64000 15,500.00 Water 1,650.00 70.77 1,579.23 95.71 %70.7701-251-64100 1,650.00 Communications /Pagers/Mobiles 13,189.00 796.83 12,392.17 93.96 %796.8301-251-64400 13,189.00 Building Maintenance 12,500.00 70.84 12,429.16 99.43 %70.8401-251-65200 12,500.00 Vehicle Maintenance 20,000.00 2,393.83 17,606.17 88.03 %2,393.8301-251-65300 20,000.00 Equipment Maintenance 3,450.00 0.00 3,450.00 100.00 %0.0001-251-65350 3,450.00 Qualifying Expenses 11,400.00 4,049.94 7,350.06 64.47 %4,049.9401-251-66200 11,400.00 Emergency Management 2,000.00 0.00 2,000.00 100.00 %0.0001-251-66250 2,000.00 Dispatch - Denton County 33,000.00 0.00 33,000.00 100.00 %0.0001-251-66500 33,000.00 Independent Labor 7,000.00 0.00 7,000.00 100.00 %0.0001-251-67000 7,000.00 Dues & Membership 1,500.00 21.00 1,479.00 98.60 %21.0001-251-68100 1,500.00 Travel & per diem 8,500.00 2,203.79 6,296.21 74.07 %2,203.7901-251-68200 8,500.00 Meetings 500.00 0.00 500.00 100.00 %0.0001-251-68600 500.00 Category: 60 - Purchased Services Total:12,032.0012,032.00162,289.00 162,289.00 150,257.00 92.59 % Category: 70 - Supplies Office Supplies 2,350.00 91.26 2,258.74 96.12 %91.2601-251-70100 2,350.00 Postage 550.00 0.00 550.00 100.00 %0.0001-251-70300 550.00 Publications/Books/Subscriptions 1,600.00 0.00 1,600.00 100.00 %0.0001-251-70400 1,600.00 Fuel 42,240.00 2,377.57 39,862.43 94.37 %2,377.5701-251-71000 42,240.00 Uniforms 17,500.00 78.45 17,421.55 99.55 %78.4501-251-72100 17,500.00 Protective Clothing 900.00 0.00 900.00 100.00 %0.0001-251-72150 900.00 Investigative Materials 6,000.00 47.13 5,952.87 99.21 %47.1301-251-72400 6,000.00 Golf Cart Stickers 750.00 0.00 750.00 100.00 %0.0001-251-72750 750.00 Animal Control 6,250.00 250.00 6,000.00 96.00 %250.0001-251-77100 6,250.00 Small Equipment 9,200.00 2,919.66 6,280.34 68.26 %2,919.6601-251-78400 9,200.00 Furniture/Equipment<$5,000 2,000.00 0.00 2,000.00 100.00 %0.0001-251-78500 2,000.00 Maintenance Supplies 2,600.00 0.00 2,600.00 100.00 %0.0001-251-79100 2,600.00 Miscellaneous Expense 1,500.00 0.00 1,500.00 100.00 %0.0001-251-79999 1,500.00 Category: 70 - Supplies Total:5,764.075,764.0793,440.00 93,440.00 87,675.93 93.83 % Category: 80 - Capital Programs & Special Projects 29,200.00 0.00 29,200.00 100.00 %0.0001-251-87100 29,200.00 Category: 80 - Capital Total:0.000.0029,200.00 29,200.00 29,200.00 100.00 % Department: 251 - Police Total:103,948.76103,948.762,307,071.00 2,307,071.00 2,203,122.24 95.49 % Department: 255 - EMS Category: 50 - Personnel Services Salaries - Regular 500,453.00 21,845.19 478,607.81 95.63 %21,845.1901-255-50100 500,453.00 Salaries - Overtime 48,735.00 5,417.22 43,317.78 88.88 %5,417.2201-255-50130 48,735.00 Salaries - Longevity 5,761.00 0.00 5,761.00 100.00 %0.0001-255-50140 5,761.00 Salaries - Stipend 11,250.00 0.00 11,250.00 100.00 %0.0001-255-50145 11,250.00 Salaries - Certification 4,200.00 77.72 4,122.28 98.15 %77.7201-255-50160 4,200.00 Salaries - Holiday Pay 15,873.00 0.00 15,873.00 100.00 %0.0001-255-50180 15,873.00 Retirement 76,167.00 3,702.06 72,464.94 95.14 %3,702.0601-255-51200 76,167.00 Medical Insurance 65,597.00 2,512.85 63,084.15 96.17 %2,512.8501-255-51210 65,597.00 Dental Insurance 4,871.00 233.89 4,637.11 95.20 %233.8901-255-51215 4,871.00 Vision Insurance 859.00 45.30 813.70 94.73 %45.3001-255-51216 859.00 Life Insurance & Other 4,585.00 211.17 4,373.83 95.39 %211.1701-255-51218 4,585.00 Social Security Taxes 35,675.00 1,573.31 34,101.69 95.59 %1,573.3101-255-52220 35,675.00 Medicare Taxes 8,507.00 368.07 8,138.93 95.67 %368.0701-255-52225 8,507.00 Unemployment Taxes 1,699.00 0.46 1,698.54 99.97 %0.4601-255-52250 1,699.00 Workman's Compensation 9,358.00 0.00 9,358.00 100.00 %0.0001-255-52260 9,358.00 Category: 50 - Personnel Services Total:35,987.2435,987.24793,590.00 793,590.00 757,602.76 95.47 % Category: 60 - Purchased Services Collection Fees 18,000.00 0.00 18,000.00 100.00 %0.0001-255-62000 18,000.00 Hazmat Disposal 1,131.00 49.97 1,081.03 95.58 %49.9701-255-62200 1,131.00 Radios 1,000.00 0.00 1,000.00 100.00 %0.0001-255-63450 1,000.00 Town Council Page 85 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 5 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Schools & Training 3,830.00 0.00 3,830.00 100.00 %0.0001-255-63551 3,830.00 Electricity 7,400.00 495.07 6,904.93 93.31 %495.0701-255-64000 7,400.00 Water 1,900.00 258.55 1,641.45 86.39 %258.5501-255-64100 1,900.00 Communications /Pagers/Mobiles 2,790.00 733.01 2,056.99 73.73 %733.0101-255-64400 2,790.00 Building Maintenance 700.00 37.24 662.76 94.68 %37.2401-255-65200 700.00 Vehicle Maintenance 9,200.00 15.53 9,184.47 99.83 %15.5301-255-65300 9,200.00 Equipment Maintenance 5,700.00 0.00 5,700.00 100.00 %0.0001-255-65350 5,700.00 Emergency Management 2,500.00 0.00 2,500.00 100.00 %0.0001-255-66250 2,500.00 Dispatch - Denton County 2,379.00 0.00 2,379.00 100.00 %0.0001-255-66500 2,379.00 Dues & Membership 884.00 0.00 884.00 100.00 %0.0001-255-68100 884.00 Flags & Repairs 2,000.00 85.00 1,915.00 95.75 %85.0001-255-68190 2,000.00 Travel & per diem 2,325.00 0.00 2,325.00 100.00 %0.0001-255-68200 2,325.00 Meetings 100.00 0.00 100.00 100.00 %0.0001-255-68600 100.00 Safety Programs 1,170.00 0.00 1,170.00 100.00 %0.0001-255-68700 1,170.00 Inspection Fees 870.00 0.00 870.00 100.00 %0.0001-255-69110 870.00 Category: 60 - Purchased Services Total:1,674.371,674.3763,879.00 63,879.00 62,204.63 97.38 % Category: 70 - Supplies Office Supplies 225.00 0.00 225.00 100.00 %0.0001-255-70100 225.00 Postage 100.00 0.00 100.00 100.00 %0.0001-255-70300 100.00 Publications/Books/Subscriptions 300.00 0.00 300.00 100.00 %0.0001-255-70400 300.00 Fuel 8,060.00 296.61 7,763.39 96.32 %296.6101-255-71000 8,060.00 Uniforms 3,140.00 0.00 3,140.00 100.00 %0.0001-255-72100 3,140.00 Medical Control 12,750.00 0.00 12,750.00 100.00 %0.0001-255-72200 12,750.00 Pharmacy 3,710.00 1,950.00 1,760.00 47.44 %1,950.0001-255-72220 3,710.00 Oxygen 1,050.00 1,300.50 -250.50 -23.86 %1,300.5001-255-72250 1,050.00 Disposable Supplies 6,140.00 118.17 6,021.83 98.08 %118.1701-255-72500 6,140.00 Small Equipment 4,740.00 107.17 4,632.83 97.74 %107.1701-255-78400 4,740.00 Maintenance Supplies 150.00 0.00 150.00 100.00 %0.0001-255-79100 150.00 Miscellaneous Expense 225.00 0.00 225.00 100.00 %0.0001-255-79999 225.00 Category: 70 - Supplies Total:3,772.453,772.4540,590.00 40,590.00 36,817.55 90.71 % Department: 255 - EMS Total:41,434.0641,434.06898,059.00 898,059.00 856,624.94 95.39 % Department: 360 - Streets Category: 50 - Personnel Services Salaries - Regular 150,174.00 5,889.26 144,284.74 96.08 %5,889.2601-360-50100 150,174.00 Salaries - Overtime 3,000.00 99.84 2,900.16 96.67 %99.8401-360-50130 3,000.00 Salaries - Longevity 1,773.00 0.00 1,773.00 100.00 %0.0001-360-50140 1,773.00 Salaries - Stipend 1,725.00 0.00 1,725.00 100.00 %0.0001-360-50145 1,725.00 Retirement 20,367.00 818.10 19,548.90 95.98 %818.1001-360-51200 20,367.00 Medical Insurance 23,530.00 718.78 22,811.22 96.95 %718.7801-360-51210 23,530.00 Dental Insurance 1,660.00 67.99 1,592.01 95.90 %67.9901-360-51215 1,660.00 Vision Insurance 329.00 13.17 315.83 96.00 %13.1701-360-51216 329.00 Life Insurance & Other 1,536.00 54.64 1,481.36 96.44 %54.6401-360-51218 1,536.00 Social Security Taxes 9,607.00 341.18 9,265.82 96.45 %341.1801-360-52220 9,607.00 Medicare Taxes 2,272.00 79.79 2,192.21 96.49 %79.7901-360-52225 2,272.00 Unemployment Taxes 580.00 0.00 580.00 100.00 %0.0001-360-52250 580.00 Workman's Compensation 4,103.00 0.00 4,103.00 100.00 %0.0001-360-52260 4,103.00 Category: 50 - Personnel Services Total:8,082.758,082.75220,656.00 220,656.00 212,573.25 96.34 % Category: 60 - Purchased Services Professional Services - PID Utility 5,000.00 0.00 5,000.00 100.00 %0.0001-360-60100 5,000.00 Schools & Training 1,175.00 0.00 1,175.00 100.00 %0.0001-360-63551 1,175.00 Electricity 181,899.00 211.37 181,687.63 99.88 %211.3701-360-64000 181,899.00 Communications /Pagers/Mobiles 2,100.00 89.34 2,010.66 95.75 %89.3401-360-64400 2,100.00 Vehicle Maintenance 0.00 14.77 -14.77 0.00 %14.7701-360-65300 0.00 Equipment Maintenance 3,000.00 0.00 3,000.00 100.00 %0.0001-360-65350 3,000.00 Dues & Membership 428.00 199.00 229.00 53.50 %199.0001-360-68100 428.00 Travel & per diem 812.00 0.00 812.00 100.00 %0.0001-360-68200 812.00 Town Council Page 86 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 6 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Meetings 150.00 0.00 150.00 100.00 %0.0001-360-68600 150.00 Category: 60 - Purchased Services Total:514.48514.48194,564.00 194,564.00 194,049.52 99.74 % Category: 70 - Supplies Office Supplies 200.00 145.12 54.88 27.44 %145.1201-360-70100 200.00 Postage 100.00 0.00 100.00 100.00 %0.0001-360-70300 100.00 Uniforms 3,100.00 0.00 3,100.00 100.00 %0.0001-360-72100 3,100.00 Small Tools 1,500.00 0.00 1,500.00 100.00 %0.0001-360-78200 1,500.00 Category: 70 - Supplies Total:145.12145.124,900.00 4,900.00 4,754.88 97.04 % Department: 360 - Streets Total:8,742.358,742.35420,120.00 420,120.00 411,377.65 97.92 % Department: 400 - Parks Category: 50 - Personnel Services Salaries - Regular 527,769.00 24,043.35 503,725.65 95.44 %24,043.3501-400-50100 527,769.00 Salaries - Overtime 15,000.00 839.07 14,160.93 94.41 %839.0701-400-50130 15,000.00 Salaries - Longevity 4,466.00 0.00 4,466.00 100.00 %0.0001-400-50140 4,466.00 Salaries - Stipend 7,875.00 0.00 7,875.00 100.00 %0.0001-400-50145 7,875.00 Salaries - Certification 3,600.00 42.86 3,557.14 98.81 %42.8601-400-50160 3,600.00 Retirement 70,712.00 3,288.51 67,423.49 95.35 %3,288.5101-400-51200 70,712.00 Medical Insurance 86,779.00 3,198.56 83,580.44 96.31 %3,198.5601-400-51210 86,779.00 Dental Insurance 5,715.00 312.82 5,402.18 94.53 %312.8201-400-51215 5,715.00 Vision Insurance 1,213.00 64.18 1,148.82 94.71 %64.1801-400-51216 1,213.00 Life Insurance & Other 5,262.00 247.49 5,014.51 95.30 %247.4901-400-51218 5,262.00 Social Security Taxes 34,152.00 1,446.87 32,705.13 95.76 %1,446.8701-400-52220 34,152.00 Medicare Taxes 8,101.00 338.38 7,762.62 95.82 %338.3801-400-52225 8,101.00 Unemployment Taxes 2,691.00 4.26 2,686.74 99.84 %4.2601-400-52250 2,691.00 Workman's Compensation 12,677.00 0.00 12,677.00 100.00 %0.0001-400-52260 12,677.00 Pre-employment Physicals/Testing 315.00 0.00 315.00 100.00 %0.0001-400-52290 315.00 Category: 50 - Personnel Services Total:33,826.3533,826.35786,327.00 786,327.00 752,500.65 95.70 % Category: 60 - Purchased Services Advertising 825.00 0.00 825.00 100.00 %0.0001-400-63200 825.00 Schools & Training 4,845.00 0.00 4,845.00 100.00 %0.0001-400-63551 4,845.00 Electricity 38,639.00 1,853.82 36,785.18 95.20 %1,853.8201-400-64000 38,639.00 Water 121,000.00 17,668.61 103,331.39 85.40 %17,668.6101-400-64100 121,000.00 Communications /Pagers/Mobiles 8,926.00 719.93 8,206.07 91.93 %719.9301-400-64400 8,926.00 Property Maintenance 185,000.00 12,551.07 172,448.93 93.22 %12,551.0701-400-65100 185,000.00 Building Maintenance 3,500.00 0.00 3,500.00 100.00 %0.0001-400-65200 3,500.00 Vehicle Maintenance 10,288.00 2,164.59 8,123.41 78.96 %2,164.5901-400-65300 10,288.00 Equipment Maintenance 11,000.00 241.68 10,758.32 97.80 %241.6801-400-65350 11,000.00 Independent Labor 53,600.00 0.00 53,600.00 100.00 %0.0001-400-67000 53,600.00 Storage Rental 11,408.00 583.33 10,824.67 94.89 %583.3301-400-67210 11,408.00 Portable Toilets 3,556.00 279.50 3,276.50 92.14 %279.5001-400-67350 3,556.00 Dues & Membership 1,430.00 365.41 1,064.59 74.45 %365.4101-400-68100 1,430.00 Travel & per diem 2,692.00 0.00 2,692.00 100.00 %0.0001-400-68200 2,692.00 Meetings 750.00 0.00 750.00 100.00 %0.0001-400-68600 750.00 Safety Program 600.00 0.00 600.00 100.00 %0.0001-400-68700 600.00 Tree City 10,000.00 0.00 10,000.00 100.00 %0.0001-400-69100 10,000.00 Category: 60 - Purchased Services Total:36,427.9436,427.94468,059.00 468,059.00 431,631.06 92.22 % Category: 70 - Supplies Office Supplies 383.00 37.16 345.84 90.30 %37.1601-400-70100 383.00 Postage 25.00 0.00 25.00 100.00 %0.0001-400-70300 25.00 Publications/Books/Subscriptions 500.00 0.00 500.00 100.00 %0.0001-400-70400 500.00 Fuel 25,149.00 1,443.19 23,705.81 94.26 %1,443.1901-400-71000 25,149.00 Uniforms 9,432.00 390.00 9,042.00 95.87 %390.0001-400-72100 9,432.00 Small Tools 16,450.00 80.10 16,369.90 99.51 %80.1001-400-78200 16,450.00 Safety Equipment 2,070.00 0.00 2,070.00 100.00 %0.0001-400-78300 2,070.00 Furniture/Equipment<$5,000 500.00 0.00 500.00 100.00 %0.0001-400-78500 500.00 Town Council Page 87 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 7 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Miscellaneous Expense 300.00 55.98 244.02 81.34 %55.9801-400-79999 300.00 Category: 70 - Supplies Total:2,006.432,006.4354,809.00 54,809.00 52,802.57 96.34 % Category: 80 - Capital Capital Expenses 57,000.00 0.00 57,000.00 100.00 %0.0001-400-83700 57,000.00 Category: 80 - Capital Total:0.000.0057,000.00 57,000.00 57,000.00 100.00 % Department: 400 - Parks Total:72,260.7272,260.721,366,195.00 1,366,195.00 1,293,934.28 94.71 % Department: 450 - Recreation Category: 50 - Personnel Services Salaries - Regular 335,983.00 6,655.72 329,327.28 98.02 %6,655.7201-450-50100 335,983.00 Salaries - Overtime 3,800.00 0.00 3,800.00 100.00 %0.0001-450-50130 3,800.00 Salaries - Longevity 1,135.00 0.00 1,135.00 100.00 %0.0001-450-50140 1,135.00 Salaries - Stipend 1,575.00 0.00 1,575.00 100.00 %0.0001-450-50145 1,575.00 Retirement 18,912.00 899.23 18,012.77 95.25 %899.2301-450-51200 18,912.00 Medical Insurance 14,032.00 656.33 13,375.67 95.32 %656.3301-450-51210 14,032.00 Dental Insurance 1,055.00 53.35 1,001.65 94.94 %53.3501-450-51215 1,055.00 Vision Insurance 199.00 10.03 188.97 94.96 %10.0301-450-51216 199.00 Life Insurance & Other 1,270.00 59.73 1,210.27 95.30 %59.7301-450-51218 1,270.00 Social Security Taxes 21,137.00 400.23 20,736.77 98.11 %400.2301-450-52220 21,137.00 Medicare Taxes 4,966.00 93.60 4,872.40 98.12 %93.6001-450-52225 4,966.00 Unemployment Taxes 2,203.00 0.01 2,202.99 100.00 %0.0101-450-52250 2,203.00 Workman's Compensation 8,070.00 0.00 8,070.00 100.00 %0.0001-450-52260 8,070.00 Pre-employment Physicals/Testing 2,705.00 0.00 2,705.00 100.00 %0.0001-450-52290 2,705.00 Category: 50 - Personnel Services Total:8,828.238,828.23417,042.00 417,042.00 408,213.77 97.88 % Category: 60 - Purchased Services Software & Support 4,008.86 0.00 4,008.86 100.00 %0.0001-450-60800 4,008.86 Health Inspections 269.00 0.00 269.00 100.00 %0.0001-450-62300 269.00 Advertising 1,976.00 0.00 1,976.00 100.00 %0.0001-450-63200 1,976.00 Printing 8,500.00 0.00 8,500.00 100.00 %0.0001-450-63250 8,500.00 Schools & Training 3,075.00 0.00 3,075.00 100.00 %0.0001-450-63551 3,075.00 Service Charges and Fees 15,300.00 1.10 15,298.90 99.99 %1.1001-450-63800 15,300.00 Electricity 19,000.00 1,444.51 17,555.49 92.40 %1,444.5101-450-64000 19,000.00 Water 14,000.00 1,593.01 12,406.99 88.62 %1,593.0101-450-64100 14,000.00 Telephone 1,916.44 151.34 1,765.10 92.10 %151.3401-450-64300 1,916.44 Communications /Pagers/Mobiles 4,196.00 226.26 3,969.74 94.61 %226.2601-450-64400 4,196.00 Property Maintenance 6,407.00 0.00 6,407.00 100.00 %0.0001-450-65100 6,407.00 Equipment Rental/Lease 7,622.00 0.00 7,622.00 100.00 %0.0001-450-67100 7,622.00 Dues & Membership 8,024.00 0.00 8,024.00 100.00 %0.0001-450-68100 8,024.00 Travel & per diem 5,495.00 0.00 5,495.00 100.00 %0.0001-450-68200 5,495.00 Meetings 669.00 0.00 669.00 100.00 %0.0001-450-68600 669.00 Field Trips 5,835.00 0.00 5,835.00 100.00 %0.0001-450-68750 5,835.00 Category: 60 - Purchased Services Total:3,416.223,416.22106,293.30 106,293.30 102,877.08 96.79 % Category: 70 - Supplies Office Supplies 1,625.00 19.14 1,605.86 98.82 %19.1401-450-70100 1,625.00 Postage 1,363.00 0.00 1,363.00 100.00 %0.0001-450-70300 1,363.00 Publications/Books/Subscriptions 300.00 0.00 300.00 100.00 %0.0001-450-70400 300.00 Uniforms 8,386.00 0.00 8,386.00 100.00 %0.0001-450-72100 8,386.00 Chemicals 13,000.00 0.00 13,000.00 100.00 %0.0001-450-72300 13,000.00 Concessions 8,000.00 0.00 8,000.00 100.00 %0.0001-450-72600 8,000.00 Program Supplies 6,624.00 0.00 6,624.00 100.00 %0.0001-450-72700 6,624.00 Special Events 1,971.00 0.00 1,971.00 100.00 %0.0001-450-76900 1,971.00 Safety Equipment 1,225.00 0.00 1,225.00 100.00 %0.0001-450-78300 1,225.00 Small Equipment 3,540.00 0.00 3,540.00 100.00 %0.0001-450-78400 3,540.00 Furniture/Equipment<$5,000 5,212.00 0.00 5,212.00 100.00 %0.0001-450-78500 5,212.00 Hardware 1,800.00 0.00 1,800.00 100.00 %0.0001-450-78600 1,800.00 Maintenance Supplies 1,966.00 0.00 1,966.00 100.00 %0.0001-450-79100 1,966.00 Town Council Page 88 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 8 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Miscellaneous Expense 300.00 0.00 300.00 100.00 %0.0001-450-79999 300.00 Category: 70 - Supplies Total:19.1419.1455,312.00 55,312.00 55,292.86 99.97 % Department: 450 - Recreation Total:12,263.5912,263.59578,647.30 578,647.30 566,383.71 97.88 % Department: 460 - Community Events Category: 60 - Purchased Services Advertising 530.00 0.00 530.00 100.00 %0.0001-460-63200 530.00 Printing 1,650.00 0.00 1,650.00 100.00 %0.0001-460-63250 1,650.00 Schools & Training 205.00 0.00 205.00 100.00 %0.0001-460-63551 205.00 Event Rentals 15,799.00 1,544.00 14,255.00 90.23 %1,544.0001-460-67300 15,799.00 Dues & Membership 205.00 0.00 205.00 100.00 %0.0001-460-68100 205.00 Travel & per diem 583.00 0.00 583.00 100.00 %0.0001-460-68200 583.00 Category: 60 - Purchased Services Total:1,544.001,544.0018,972.00 18,972.00 17,428.00 91.86 % Category: 70 - Supplies Uniforms 800.00 0.00 800.00 100.00 %0.0001-460-72100 800.00 Program Supplies 11,366.00 812.70 10,553.30 92.85 %812.7001-460-72700 11,366.00 Miscellaneous Expense 743.00 0.00 743.00 100.00 %0.0001-460-79999 743.00 Category: 70 - Supplies Total:812.70812.7012,909.00 12,909.00 12,096.30 93.70 % Department: 460 - Community Events Total:2,356.702,356.7031,881.00 31,881.00 29,524.30 92.61 % Department: 522 - Community Development Category: 50 - Personnel Services Salaries - Regular 318,266.00 14,637.39 303,628.61 95.40 %14,637.3901-522-50100 318,266.00 Salaries - Overtime 5,000.00 462.39 4,537.61 90.75 %462.3901-522-50130 5,000.00 Salaries - Longevity 1,900.00 0.00 1,900.00 100.00 %0.0001-522-50140 1,900.00 Salaries - Stipend 4,312.00 0.00 4,312.00 100.00 %0.0001-522-50145 4,312.00 Retirement 42,832.00 2,062.63 40,769.37 95.18 %2,062.6301-522-51200 42,832.00 Medical Insurance 36,455.00 1,402.70 35,052.30 96.15 %1,402.7001-522-51210 36,455.00 Dental Insurance 2,535.00 128.25 2,406.75 94.94 %128.2501-522-51215 2,535.00 Vision Insurance 523.00 26.46 496.54 94.94 %26.4601-522-51216 523.00 Life Insurance & Other 2,967.00 138.53 2,828.47 95.33 %138.5301-522-51218 2,967.00 Social Security Taxes 20,160.00 912.81 19,247.19 95.47 %912.8101-522-52220 20,160.00 Medicare Taxes 4,777.00 213.48 4,563.52 95.53 %213.4801-522-52225 4,777.00 Unemployment Taxes 1,190.00 0.00 1,190.00 100.00 %0.0001-522-52250 1,190.00 Workman's Compensation 10,310.00 0.00 10,310.00 100.00 %0.0001-522-52260 10,310.00 Category: 50 - Personnel Services Total:19,984.6419,984.64451,227.00 451,227.00 431,242.36 95.57 % Category: 60 - Purchased Services Professional Outside Services 8,000.00 0.00 8,000.00 100.00 %0.0001-522-60100 8,000.00 Engineering 75,000.00 0.00 75,000.00 100.00 %0.0001-522-60500 75,000.00 Plan Review Services 5,000.00 0.00 5,000.00 100.00 %0.0001-522-60600 5,000.00 Health Inspections 6,900.00 0.00 6,900.00 100.00 %0.0001-522-62300 6,900.00 Inspection Services 8,000.00 0.00 8,000.00 100.00 %0.0001-522-62350 8,000.00 Advertising 1,100.00 172.56 927.44 84.31 %172.5601-522-63200 1,100.00 Printing 1,100.00 0.00 1,100.00 100.00 %0.0001-522-63250 1,100.00 Abatements 3,000.00 200.00 2,800.00 93.33 %200.0001-522-63500 3,000.00 Schools & Training 1,950.00 170.00 1,780.00 91.28 %170.0001-522-63551 1,950.00 Communications /Pagers/Mobiles 4,512.00 243.53 4,268.47 94.60 %243.5301-522-64400 4,512.00 Vehicle Maintenance 3,000.00 25.50 2,974.50 99.15 %25.5001-522-65300 3,000.00 Dues & Membership 1,307.00 0.00 1,307.00 100.00 %0.0001-522-68100 1,307.00 Travel & per diem 1,000.00 118.45 881.55 88.16 %118.4501-522-68200 1,000.00 Meetings 240.00 0.00 240.00 100.00 %0.0001-522-68600 240.00 Category: 60 - Purchased Services Total:930.04930.04120,109.00 120,109.00 119,178.96 99.23 % Category: 70 - Supplies Office Supplies 1,500.00 85.37 1,414.63 94.31 %85.3701-522-70100 1,500.00 Postage 500.00 0.00 500.00 100.00 %0.0001-522-70300 500.00 Publications/Books/Subscriptions 2,000.00 0.00 2,000.00 100.00 %0.0001-522-70400 2,000.00 Fuel 4,870.00 225.84 4,644.16 95.36 %225.8401-522-71000 4,870.00 Uniforms 1,920.00 0.00 1,920.00 100.00 %0.0001-522-72100 1,920.00 Town Council Page 89 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 9 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Miscellaneous Expense 600.00 0.00 600.00 100.00 %0.0001-522-79999 600.00 Category: 70 - Supplies Total:311.21311.2111,390.00 11,390.00 11,078.79 97.27 % Department: 522 - Community Development Total:21,225.8921,225.89582,726.00 582,726.00 561,500.11 96.36 % Department: 611 - Finance Category: 50 - Personnel Services Salaries - Regular 209,643.00 9,554.16 200,088.84 95.44 %9,554.1601-611-50100 209,643.00 Salaries - Longevity 455.00 0.00 455.00 100.00 %0.0001-611-50140 455.00 Salaries - Stipend 2,250.00 0.00 2,250.00 100.00 %0.0001-611-50145 2,250.00 Retirement 27,605.00 1,294.85 26,310.15 95.31 %1,294.8501-611-51200 27,605.00 Medical Insurance 23,995.00 1,050.11 22,944.89 95.62 %1,050.1101-611-51210 23,995.00 Dental Insurance 1,731.00 87.58 1,643.42 94.94 %87.5801-611-51215 1,731.00 Vision Insurance 357.00 18.04 338.96 94.95 %18.0401-611-51216 357.00 Life Insurance & Other 1,833.00 84.58 1,748.42 95.39 %84.5801-611-51218 1,833.00 Social Security Taxes 13,026.00 542.63 12,483.37 95.83 %542.6301-611-52220 13,026.00 Medicare Taxes 3,079.00 126.91 2,952.09 95.88 %126.9101-611-52225 3,079.00 Unemployment Taxes 621.00 0.22 620.78 99.96 %0.2201-611-52250 621.00 Workman's Compensation 531.00 0.00 531.00 100.00 %0.0001-611-52260 531.00 Category: 50 - Personnel Services Total:12,759.0812,759.08285,126.00 285,126.00 272,366.92 95.53 % Category: 60 - Purchased Services Professional Outside Services 2,100.00 0.00 2,100.00 100.00 %0.0001-611-60100 2,100.00 Auditing 35,500.00 0.00 35,500.00 100.00 %0.0001-611-60200 35,500.00 Appraisal 51,629.00 0.00 51,629.00 100.00 %0.0001-611-61100 51,629.00 Tax Administration 3,312.00 0.00 3,312.00 100.00 %0.0001-611-61150 3,312.00 Advertising 3,800.00 0.00 3,800.00 100.00 %0.0001-611-63200 3,800.00 Printing 5,750.00 0.00 5,750.00 100.00 %0.0001-611-63250 5,750.00 Schools & Training 2,830.00 0.00 2,830.00 100.00 %0.0001-611-63551 2,830.00 Service Charges & Fees 10,956.00 698.56 10,257.44 93.62 %698.5601-611-63800 10,956.00 PID 100.00 0.00 100.00 100.00 %0.0001-611-63850 100.00 Communications /Pagers/Mobiles 900.00 16.07 883.93 98.21 %16.0701-611-64400 900.00 Dues & Membership 1,370.00 0.00 1,370.00 100.00 %0.0001-611-68100 1,370.00 Travel & per diem 3,096.00 10.41 3,085.59 99.66 %10.4101-611-68200 3,096.00 Meetings 100.00 0.00 100.00 100.00 %0.0001-611-68600 100.00 Category: 60 - Purchased Services Total:725.04725.04121,443.00 121,443.00 120,717.96 99.40 % Category: 70 - Supplies Office Supplies 1,800.00 140.43 1,659.57 92.20 %140.4301-611-70100 1,800.00 Postage 1,500.00 0.00 1,500.00 100.00 %0.0001-611-70300 1,500.00 Publications/Books/Subscriptions 250.00 0.00 250.00 100.00 %0.0001-611-70400 250.00 Furniture/Equipment<$5,000 200.00 0.00 200.00 100.00 %0.0001-611-78500 200.00 Miscellaneous Expense 100.00 0.00 100.00 100.00 %0.0001-611-79999 100.00 Category: 70 - Supplies Total:140.43140.433,850.00 3,850.00 3,709.57 96.35 % Department: 611 - Finance Total:13,624.5513,624.55410,419.00 410,419.00 396,794.45 96.68 % Department: 615 - Municipal Court Category: 50 - Personnel Services Salaries - Regular 56,867.00 2,440.41 54,426.59 95.71 %2,440.4101-615-50100 56,867.00 Salaries - Longevity 140.00 0.00 140.00 100.00 %0.0001-615-50140 140.00 Salaries - Stipend 750.00 0.00 750.00 100.00 %0.0001-615-50145 750.00 Salaries - Certification 900.00 16.07 883.93 98.21 %16.0701-615-50160 900.00 Retirement 7,106.00 334.82 6,771.18 95.29 %334.8201-615-51200 7,106.00 Medical Insurance 5,781.00 247.93 5,533.07 95.71 %247.9301-615-51210 5,781.00 Dental Insurance 414.00 20.96 393.04 94.94 %20.9601-615-51215 414.00 Vision Insurance 81.00 4.10 76.90 94.94 %4.1001-615-51216 81.00 Life Insurance & Other 552.00 26.61 525.39 95.18 %26.6101-615-51218 552.00 Social Security Taxes 3,590.00 151.66 3,438.34 95.78 %151.6601-615-52220 3,590.00 Medicare Taxes 851.00 35.47 815.53 95.83 %35.4701-615-52225 851.00 Unemployment Taxes 222.00 0.02 221.98 99.99 %0.0201-615-52250 222.00 Town Council Page 90 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 10 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Workman's Compensation 134.00 0.00 134.00 100.00 %0.0001-615-52260 134.00 Category: 50 - Personnel Services Total:3,278.053,278.0577,388.00 77,388.00 74,109.95 95.76 % Category: 60 - Purchased Services Professional Outside Services 1,890.00 0.00 1,890.00 100.00 %0.0001-615-60100 1,890.00 Judge's Compensation 4,500.00 300.00 4,200.00 93.33 %300.0001-615-60300 4,500.00 Printing 1,100.00 0.00 1,100.00 100.00 %0.0001-615-63250 1,100.00 Schools & Training 350.00 0.00 350.00 100.00 %0.0001-615-63551 350.00 Jury Fees 144.00 0.00 144.00 100.00 %0.0001-615-66300 144.00 Dues & Membership 130.00 0.00 130.00 100.00 %0.0001-615-68100 130.00 Travel & per diem 375.00 0.00 375.00 100.00 %0.0001-615-68200 375.00 Category: 60 - Purchased Services Total:300.00300.008,489.00 8,489.00 8,189.00 96.47 % Category: 70 - Supplies Office Supplies 300.00 19.14 280.86 93.62 %19.1401-615-70100 300.00 Postage 600.00 0.00 600.00 100.00 %0.0001-615-70300 600.00 Furniture/Equipment<$5,000 200.00 0.00 200.00 100.00 %0.0001-615-78500 200.00 Miscellaneous Expense 100.00 0.00 100.00 100.00 %0.0001-615-79999 100.00 Category: 70 - Supplies Total:19.1419.141,200.00 1,200.00 1,180.86 98.41 % Department: 615 - Municipal Court Total:3,597.193,597.1987,077.00 87,077.00 83,479.81 95.87 % Department: 630 - Human Resources Category: 50 - Personnel Services Salaries - Regular 76,274.00 3,646.57 72,627.43 95.22 %3,646.5701-630-50100 76,274.00 Retirement 9,916.00 481.57 9,434.43 95.14 %481.5701-630-51200 9,916.00 Medical Insurance 5,781.00 153.37 5,627.63 97.35 %153.3701-630-51210 5,781.00 Dental Insurance 414.00 20.96 393.04 94.94 %20.9601-630-51215 414.00 Vision Insurance 81.00 4.10 76.90 94.94 %4.1001-630-51216 81.00 Life Insurance & Other 626.00 30.75 595.25 95.09 %30.7501-630-51218 626.00 Social Security Taxes 4,729.00 217.67 4,511.33 95.40 %217.6701-630-52220 4,729.00 Medicare Taxes 1,106.00 50.91 1,055.09 95.40 %50.9101-630-52225 1,106.00 Unemployment Taxes 207.00 7.47 199.53 96.39 %7.4701-630-52250 207.00 Workman's Compensation 193.00 0.00 193.00 100.00 %0.0001-630-52260 193.00 Employee Relations 10,850.00 0.00 10,850.00 100.00 %0.0001-630-52960 10,850.00 Tuition Reimbursement 6,500.00 0.00 6,500.00 100.00 %0.0001-630-53240 6,500.00 Employee Assistance Program 2,880.00 201.60 2,678.40 93.00 %201.6001-630-53280 2,880.00 Category: 50 - Personnel Services Total:4,814.974,814.97119,557.00 119,557.00 114,742.03 95.97 % Category: 60 - Purchased Services Physicals/Testing 540.00 0.00 540.00 100.00 %0.0001-630-60400 540.00 Printing 150.00 0.00 150.00 100.00 %0.0001-630-63250 150.00 Schools & Training 1,000.00 835.00 165.00 16.50 %835.0001-630-63551 1,000.00 Communications /Pagers/Mobiles 900.00 16.07 883.93 98.21 %16.0701-630-64400 900.00 Dues & Membership 300.00 0.00 300.00 100.00 %0.0001-630-68100 300.00 Travel & per diem 500.00 0.00 500.00 100.00 %0.0001-630-68200 500.00 Category: 60 - Purchased Services Total:851.07851.073,390.00 3,390.00 2,538.93 74.89 % Category: 70 - Supplies Office Supplies 600.00 921.49 -321.49 -53.58 %921.4901-630-70100 600.00 Postage 325.00 0.00 325.00 100.00 %0.0001-630-70300 325.00 Category: 70 - Supplies Total:921.49921.49925.00 925.00 3.51 0.38 % Department: 630 - Human Resources Total:6,587.536,587.53123,872.00 123,872.00 117,284.47 94.68 % Department: 640 - Information Services Category: 50 - Personnel Services Salaries - Regular 167,773.00 6,791.97 160,981.03 95.95 %6,791.9701-640-50100 167,773.00 Salaries - Longevity 1,800.00 0.00 1,800.00 100.00 %0.0001-640-50140 1,800.00 Salaries - Stipend 1,500.00 0.00 1,500.00 100.00 %0.0001-640-50145 1,500.00 Retirement 19,197.00 927.79 18,269.21 95.17 %927.7901-640-51200 19,197.00 Medical Insurance 11,562.00 538.18 11,023.82 95.35 %538.1801-640-51210 11,562.00 Dental Insurance 828.00 41.92 786.08 94.94 %41.9201-640-51215 828.00 Vision Insurance 162.00 8.20 153.80 94.94 %8.2001-640-51216 162.00 Town Council Page 91 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 11 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Life Insurance & Other 1,238.00 59.14 1,178.86 95.22 %59.1401-640-51218 1,238.00 Social Security Taxes 10,514.00 419.78 10,094.22 96.01 %419.7801-640-52220 10,514.00 Medicare Taxes 2,481.00 98.18 2,382.82 96.04 %98.1801-640-52225 2,481.00 Unemployment Taxes 621.00 0.00 621.00 100.00 %0.0001-640-52250 621.00 Workman's Compensation 466.00 0.00 466.00 100.00 %0.0001-640-52260 466.00 Category: 50 - Personnel Services Total:8,885.168,885.16218,142.00 218,142.00 209,256.84 95.93 % Category: 60 - Purchased Services Software & Support 170,946.50 31,772.04 139,174.46 81.41 %31,772.0401-640-60800 170,946.50 Security 1,350.00 0.00 1,350.00 100.00 %0.0001-640-60900 1,350.00 Schools & Training 3,650.00 0.00 3,650.00 100.00 %0.0001-640-63551 3,650.00 Telephone 9,488.00 722.10 8,765.90 92.39 %722.1001-640-64300 9,488.00 Communications /Pagers/Mobiles 30,476.00 2,543.72 27,932.28 91.65 %2,543.7201-640-64400 30,476.00 Independent Labor 10,500.00 0.00 10,500.00 100.00 %0.0001-640-67000 10,500.00 Copier Rental/Lease 9,136.00 0.00 9,136.00 100.00 %0.0001-640-67150 9,136.00 Dues & Membership 250.00 0.00 250.00 100.00 %0.0001-640-68100 250.00 Travel & per diem 2,869.00 0.00 2,869.00 100.00 %0.0001-640-68200 2,869.00 Meetings 122.00 25.17 96.83 79.37 %25.1701-640-68600 122.00 Category: 60 - Purchased Services Total:35,063.0335,063.03238,787.50 238,787.50 203,724.47 85.32 % Category: 70 - Supplies Office Supplies 721.00 29.13 691.87 95.96 %29.1301-640-70100 721.00 Printer Supplies 7,500.00 242.11 7,257.89 96.77 %242.1101-640-70200 7,500.00 Postage 250.00 0.00 250.00 100.00 %0.0001-640-70300 250.00 Uniforms 125.00 0.00 125.00 100.00 %0.0001-640-72100 125.00 Hardware 16,273.00 1,073.13 15,199.87 93.41 %1,073.1301-640-78600 16,273.00 Category: 70 - Supplies Total:1,344.371,344.3724,869.00 24,869.00 23,524.63 94.59 % Department: 640 - Information Services Total:45,292.5645,292.56481,798.50 481,798.50 436,505.94 90.60 % Department: 710 - Facilities Management Category: 60 - Purchased Services Electricity 14,500.00 0.00 14,500.00 100.00 %0.0001-710-64000 14,500.00 Water 1,200.00 112.88 1,087.12 90.59 %112.8801-710-64100 1,200.00 Insurance 56,971.00 51,844.92 5,126.08 9.00 %51,844.9201-710-65000 56,971.00 Building Maintenance 15,000.00 832.01 14,167.99 94.45 %832.0101-710-65200 15,000.00 Equipment Maintenance 250.00 0.00 250.00 100.00 %0.0001-710-65350 250.00 Cleaning Services 17,658.00 1,441.00 16,217.00 91.84 %1,441.0001-710-65400 17,658.00 Category: 60 - Purchased Services Total:54,230.8154,230.81105,579.00 105,579.00 51,348.19 48.63 % Category: 70 - Supplies Furniture/Equipment<$5,000 5,000.00 0.00 5,000.00 100.00 %0.0001-710-78500 5,000.00 Maintenance Supplies 1,500.00 109.02 1,390.98 92.73 %109.0201-710-79100 1,500.00 Category: 70 - Supplies Total:109.02109.026,500.00 6,500.00 6,390.98 98.32 % Department: 710 - Facilities Management Total:54,339.8354,339.83112,079.00 112,079.00 57,739.17 51.52 % Expense Total:451,855.91451,855.919,085,000.80 9,085,000.80 8,633,144.89 95.03 % Fund: 01 - GENERAL FUND Surplus (Deficit):-263,488.57-263,488.5739,799.20 39,799.20 -303,287.77 762.04 % Fund: 03 - TAX NOTES 2010 Revenue Department: 000 - General Category: 47 - Investment Income Interest Income 0.00 3.36 3.36 0.00 %3.3603-000-47000 0.00 Category: 47 - Investment Income Total:3.363.360.00 0.00 3.36 0.00 % Department: 000 - General Total:3.363.360.00 0.00 3.36 0.00 % Revenue Total:3.363.360.00 0.00 3.36 0.00 % Town Council Page 92 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 12 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Expense Department: 400 - Parks Category: 80 - Capital Capital Expenses 41,000.00 0.00 41,000.00 100.00 %0.0003-400-83700 41,000.00 Category: 80 - Capital Total:0.000.0041,000.00 41,000.00 41,000.00 100.00 % Department: 400 - Parks Total:0.000.0041,000.00 41,000.00 41,000.00 100.00 % Expense Total:0.000.0041,000.00 41,000.00 41,000.00 100.00 % Fund: 03 - TAX NOTES 2010 Surplus (Deficit):3.363.36-41,000.00 -41,000.00 41,003.36 100.01 % Fund: 04 - CCPD FUND Revenue Department: 000 - General Category: 40 - Taxes Sales Tax - CCPD 186,433.00 15,043.01 -171,389.99 91.93 %15,043.0104-000-40350 186,433.00 Category: 40 - Taxes Total:15,043.0115,043.01186,433.00 186,433.00 -171,389.99 91.93 % Category: 47 - Investment Income Interest Income 0.00 14.56 14.56 0.00 %14.5604-000-47000 0.00 Category: 47 - Investment Income Total:14.5614.560.00 0.00 14.56 0.00 % Department: 000 - General Total:15,057.5715,057.57186,433.00 186,433.00 -171,375.43 91.92 % Revenue Total:15,057.5715,057.57186,433.00 186,433.00 -171,375.43 91.92 % Expense Department: 251 - Police Category: 70 - Supplies Capital Expenses 6,400.00 0.00 6,400.00 100.00 %0.0004-251-72100 6,400.00 Small Equipment 51,000.00 1,600.00 49,400.00 96.86 %1,600.0004-251-78400 51,000.00 Category: 70 - Supplies Total:1,600.001,600.0057,400.00 57,400.00 55,800.00 97.21 % Category: 80 - Capital Capital Expenses 125,000.00 24,174.00 100,826.00 80.66 %24,174.0004-251-83700 125,000.00 Category: 80 - Capital Total:24,174.0024,174.00125,000.00 125,000.00 100,826.00 80.66 % Department: 251 - Police Total:25,774.0025,774.00182,400.00 182,400.00 156,626.00 85.87 % Expense Total:25,774.0025,774.00182,400.00 182,400.00 156,626.00 85.87 % Fund: 04 - CCPD FUND Surplus (Deficit):-10,716.43-10,716.434,033.00 4,033.00 -14,749.43 365.72 % Fund: 05 - BOND FUND - GO 2010 PARKS Revenue Department: 000 - General Category: 47 - Investment Income Interest Income 0.00 1.30 1.30 0.00 %1.3005-000-47000 0.00 Category: 47 - Investment Income Total:1.301.300.00 0.00 1.30 0.00 % Department: 000 - General Total:1.301.300.00 0.00 1.30 0.00 % Revenue Total:1.301.300.00 0.00 1.30 0.00 % Expense Department: 400 - Parks Category: 80 - Capital Capital Expenses 15,000.00 0.00 15,000.00 100.00 %0.0005-400-83700 15,000.00 Category: 80 - Capital Total:0.000.0015,000.00 15,000.00 15,000.00 100.00 % Department: 400 - Parks Total:0.000.0015,000.00 15,000.00 15,000.00 100.00 % Expense Total:0.000.0015,000.00 15,000.00 15,000.00 100.00 % Fund: 05 - BOND FUND - GO 2010 PARKS Surplus (Deficit):1.301.30-15,000.00 -15,000.00 15,001.30 100.01 % Town Council Page 93 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 13 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Fund: 07 - CAPITAL REPLACEMENT FUND Revenue Department: 000 - General Category: 49 - Other Financing Sources Transfer In - Future Replacement Res…233,243.00 0.00 -233,243.00 100.00 %0.0007-000-49290 233,243.00 Category: 49 - Other Financing Sources Total:0.000.00233,243.00 233,243.00 -233,243.00 100.00 % Department: 000 - General Total:0.000.00233,243.00 233,243.00 -233,243.00 100.00 % Revenue Total:0.000.00233,243.00 233,243.00 -233,243.00 100.00 % Expense Department: 251 - Police Category: 80 - Capital Capital Expenses 45,800.00 0.00 45,800.00 100.00 %0.0007-251-83700 45,800.00 Category: 80 - Capital Total:0.000.0045,800.00 45,800.00 45,800.00 100.00 % Department: 251 - Police Total:0.000.0045,800.00 45,800.00 45,800.00 100.00 % Department: 255 - EMS Category: 80 - Capital Capital Expenses 18,000.00 0.00 18,000.00 100.00 %0.0007-255-83700 18,000.00 Category: 80 - Capital Total:0.000.0018,000.00 18,000.00 18,000.00 100.00 % Department: 255 - EMS Total:0.000.0018,000.00 18,000.00 18,000.00 100.00 % Department: 400 - Parks Category: 80 - Capital Capital Expenses 22,600.00 0.00 22,600.00 100.00 %0.0007-400-83700 22,600.00 Category: 80 - Capital Total:0.000.0022,600.00 22,600.00 22,600.00 100.00 % Department: 400 - Parks Total:0.000.0022,600.00 22,600.00 22,600.00 100.00 % Department: 450 - Recreation Category: 80 - Capital Capital Expenses 80,000.00 0.00 80,000.00 100.00 %0.0007-450-83700 80,000.00 Category: 80 - Capital Total:0.000.0080,000.00 80,000.00 80,000.00 100.00 % Department: 450 - Recreation Total:0.000.0080,000.00 80,000.00 80,000.00 100.00 % Department: 640 - Information Services Category: 80 - Capital Capital Expenses 49,463.00 0.00 49,463.00 100.00 %0.0007-640-83700 49,463.00 Category: 80 - Capital Total:0.000.0049,463.00 49,463.00 49,463.00 100.00 % Department: 640 - Information Services Total:0.000.0049,463.00 49,463.00 49,463.00 100.00 % Expense Total:0.000.00215,863.00 215,863.00 215,863.00 100.00 % Fund: 07 - CAPITAL REPLACEMENT FUND Surplus (Deficit):0.000.0017,380.00 17,380.00 -17,380.00 100.00 % Fund: 08 - TAX NOTES 2012 Revenue Department: 000 - General Category: 47 - Investment Income Interest Income 0.00 7.38 7.38 0.00 %7.3808-000-47000 0.00 Category: 47 - Investment Income Total:7.387.380.00 0.00 7.38 0.00 % Department: 000 - General Total:7.387.380.00 0.00 7.38 0.00 % Revenue Total:7.387.380.00 0.00 7.38 0.00 % Town Council Page 94 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 14 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Expense Department: 140 - Manager's Office Category: 60 - Purchased Services Professional Outside Services 143,803.00 0.00 143,803.00 100.00 %0.0008-140-60100 143,803.00 Category: 60 - Purchased Services Total:0.000.00143,803.00 143,803.00 143,803.00 100.00 % Department: 140 - Manager's Office Total:0.000.00143,803.00 143,803.00 143,803.00 100.00 % Expense Total:0.000.00143,803.00 143,803.00 143,803.00 100.00 % Fund: 08 - TAX NOTES 2012 Surplus (Deficit):7.387.38-143,803.00 -143,803.00 143,810.38 100.01 % Fund: 09 - TROPHY CLUB PARK Revenue Department: 000 - General Category: 43 - Fines & Fees Park Revenues 165,000.00 2,144.00 -162,856.00 98.70 %2,144.0009-000-43350 165,000.00 Category: 43 - Fines & Fees Total:2,144.002,144.00165,000.00 165,000.00 -162,856.00 98.70 % Department: 000 - General Total:2,144.002,144.00165,000.00 165,000.00 -162,856.00 98.70 % Revenue Total:2,144.002,144.00165,000.00 165,000.00 -162,856.00 98.70 % Expense Department: 400 - Parks Category: 50 - Personnel Services Salaries - Regular 45,544.00 1,803.70 43,740.30 96.04 %1,803.7009-400-50100 45,544.00 Salaries - Longevity 204.00 0.00 204.00 100.00 %0.0009-400-50140 204.00 Salaries - Stipend 300.00 0.00 300.00 100.00 %0.0009-400-50145 300.00 Retirement 3,504.00 167.10 3,336.90 95.23 %167.1009-400-51200 3,504.00 Medical Insurance 3,000.00 150.90 2,849.10 94.97 %150.9009-400-51210 3,000.00 Dental Insurance 233.00 11.78 221.22 94.94 %11.7809-400-51215 233.00 Vision Insurance 32.00 1.64 30.36 94.88 %1.6409-400-51216 32.00 Life Insurance & Other 239.00 10.99 228.01 95.40 %10.9909-400-51218 239.00 Social Security Taxes 2,836.00 111.14 2,724.86 96.08 %111.1409-400-52220 2,836.00 Medicare Taxes 668.00 25.99 642.01 96.11 %25.9909-400-52225 668.00 Unemployment Taxes 306.00 1.74 304.26 99.43 %1.7409-400-52250 306.00 Workman's Compensation 1,094.00 0.00 1,094.00 100.00 %0.0009-400-52260 1,094.00 Category: 50 - Personnel Services Total:2,284.982,284.9857,960.00 57,960.00 55,675.02 96.06 % Category: 60 - Purchased Services Professional Outside Services 2,500.00 0.00 2,500.00 100.00 %0.0009-400-60100 2,500.00 Auditing 1,000.00 0.00 1,000.00 100.00 %0.0009-400-60200 1,000.00 Software & Support 7,240.60 2,821.60 4,419.00 61.03 %2,821.6009-400-60800 7,240.60 Advertising 1,235.00 0.00 1,235.00 100.00 %0.0009-400-63200 1,235.00 Service Charges & Fees 8,495.00 1,617.92 6,877.08 80.95 %1,617.9209-400-63800 8,495.00 Electricity 2,800.00 0.00 2,800.00 100.00 %0.0009-400-64000 2,800.00 Water 1,747.00 410.36 1,336.64 76.51 %410.3609-400-64100 1,747.00 Telephone 1,900.00 168.48 1,731.52 91.13 %168.4809-400-64300 1,900.00 Communications /Pagers/Mobiles 933.00 120.53 812.47 87.08 %120.5309-400-64400 933.00 Insurance 1,200.00 0.00 1,200.00 100.00 %0.0009-400-65000 1,200.00 Property Maintenance 10,500.00 1,860.26 8,639.74 82.28 %1,860.2609-400-65100 10,500.00 Equipment Maintenance 2,384.00 578.12 1,805.88 75.75 %578.1209-400-65350 2,384.00 Independent Labor 26,600.00 0.00 26,600.00 100.00 %0.0009-400-67000 26,600.00 Portable Toilets 3,644.40 1,264.79 2,379.61 65.29 %1,264.7909-400-67350 3,644.40 Dues & Membership 250.00 0.00 250.00 100.00 %0.0009-400-68100 250.00 Travel & per diem 492.00 0.00 492.00 100.00 %0.0009-400-68200 492.00 Category: 60 - Purchased Services Total:8,842.068,842.0672,921.00 72,921.00 64,078.94 87.87 % Category: 70 - Supplies Office Supplies 1,044.00 0.00 1,044.00 100.00 %0.0009-400-70100 1,044.00 Postage 327.00 0.00 327.00 100.00 %0.0009-400-70300 327.00 Fuel 1,250.00 125.13 1,124.87 89.99 %125.1309-400-71000 1,250.00 Uniforms 520.00 0.00 520.00 100.00 %0.0009-400-72100 520.00 Town Council Page 95 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 15 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Community Events 14,900.00 787.32 14,112.68 94.72 %787.3209-400-76950 14,900.00 Small Tools 1,200.00 0.00 1,200.00 100.00 %0.0009-400-78200 1,200.00 Furniture/Equipment<$5,000 1,920.00 0.00 1,920.00 100.00 %0.0009-400-78500 1,920.00 Maintenance Supplies 464.00 0.00 464.00 100.00 %0.0009-400-79100 464.00 Miscellaneous Expense 300.00 0.00 300.00 100.00 %0.0009-400-79999 300.00 Category: 70 - Supplies Total:912.45912.4521,925.00 21,925.00 21,012.55 95.84 % Category: 99 - Other Financing Uses Park Administration Transfer 8,000.00 0.00 8,000.00 100.00 %0.0009-400-99200 8,000.00 Category: 99 - Other Financing Uses Total:0.000.008,000.00 8,000.00 8,000.00 100.00 % Department: 400 - Parks Total:12,039.4912,039.49160,806.00 160,806.00 148,766.51 92.51 % Expense Total:12,039.4912,039.49160,806.00 160,806.00 148,766.51 92.51 % Fund: 09 - TROPHY CLUB PARK Surplus (Deficit):-9,895.49-9,895.494,194.00 4,194.00 -14,089.49 335.94 % Fund: 10 - STREET MAINTENANCE SALES TAX Revenue Department: 000 - General Category: 40 - Taxes Sales Tax - Street Maintenance 182,554.00 15,235.42 -167,318.58 91.65 %15,235.4210-000-40350 182,554.00 Category: 40 - Taxes Total:15,235.4215,235.42182,554.00 182,554.00 -167,318.58 91.65 % Department: 000 - General Total:15,235.4215,235.42182,554.00 182,554.00 -167,318.58 91.65 % Revenue Total:15,235.4215,235.42182,554.00 182,554.00 -167,318.58 91.65 % Expense Department: 360 - Streets Category: 50 - Personnel Services Salaries - Regular 22,612.00 1,094.04 21,517.96 95.16 %1,094.0410-360-50100 22,612.00 Salaries - Longevity 59.00 0.00 59.00 100.00 %0.0010-360-50140 59.00 Salaries - Stipend 525.00 0.00 525.00 100.00 %0.0010-360-50145 525.00 Retirement 3,016.00 149.45 2,866.55 95.04 %149.4510-360-51200 3,016.00 Medical Insurance 5,250.00 227.57 5,022.43 95.67 %227.5710-360-51210 5,250.00 Dental Insurance 408.00 25.25 382.75 93.81 %25.2510-360-51215 408.00 Vision Insurance 97.00 4.87 92.13 94.98 %4.8710-360-51216 97.00 Life Insurance & Other 245.00 11.68 233.32 95.23 %11.6810-360-51218 245.00 Social Security Taxes 1,406.00 57.80 1,348.20 95.89 %57.8010-360-52220 1,406.00 Medicare Taxes 336.00 13.52 322.48 95.98 %13.5210-360-52225 336.00 Unemployment Taxes 145.00 0.00 145.00 100.00 %0.0010-360-52250 145.00 Workman's Compensation 1,373.00 0.00 1,373.00 100.00 %0.0010-360-52260 1,373.00 Category: 50 - Personnel Services Total:1,584.181,584.1835,472.00 35,472.00 33,887.82 95.53 % Category: 60 - Purchased Services Vehicle Maintenance 3,700.00 151.45 3,548.55 95.91 %151.4510-360-65300 3,700.00 Street Maintenance 100,000.00 2,632.09 97,367.91 97.37 %2,632.0910-360-65500 100,000.00 Signs & Markings 15,000.00 99.00 14,901.00 99.34 %99.0010-360-65510 15,000.00 Category: 60 - Purchased Services Total:2,882.542,882.54118,700.00 118,700.00 115,817.46 97.57 % Category: 70 - Supplies Fuel 5,540.00 578.96 4,961.04 89.55 %578.9610-360-71000 5,540.00 Small Tools 700.00 0.00 700.00 100.00 %0.0010-360-78200 700.00 Category: 70 - Supplies Total:578.96578.966,240.00 6,240.00 5,661.04 90.72 % Category: 99 - Other Financing Uses Transfer to Debt Service 25,000.00 0.00 25,000.00 100.00 %0.0010-360-99400 25,000.00 Category: 99 - Other Financing Uses Total:0.000.0025,000.00 25,000.00 25,000.00 100.00 % Department: 360 - Streets Total:5,045.685,045.68185,412.00 185,412.00 180,366.32 97.28 % Expense Total:5,045.685,045.68185,412.00 185,412.00 180,366.32 97.28 % Fund: 10 - STREET MAINTENANCE SALES TAX Surplus (Deficit):10,189.7410,189.74-2,858.00 -2,858.00 13,047.74 456.53 % Town Council Page 96 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 16 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Fund: 11 - STORM DRAINAGE UTILITY Revenue Department: 000 - General Category: 43 - Fines & Fees Storm Drainage Fees 414,700.00 33,468.39 -381,231.61 91.93 %33,468.3911-000-43250 414,700.00 Category: 43 - Fines & Fees Total:33,468.3933,468.39414,700.00 414,700.00 -381,231.61 91.93 % Category: 47 - Investment Income Interest Income 100.00 14.78 -85.22 85.22 %14.7811-000-47000 100.00 Category: 47 - Investment Income Total:14.7814.78100.00 100.00 -85.22 85.22 % Department: 000 - General Total:33,483.1733,483.17414,800.00 414,800.00 -381,316.83 91.93 % Revenue Total:33,483.1733,483.17414,800.00 414,800.00 -381,316.83 91.93 % Expense Department: 365 - Drainage Category: 50 - Personnel Services Salaries - Regular 21,814.00 1,012.95 20,801.05 95.36 %1,012.9511-365-50100 21,814.00 Salaries - Longevity 65.00 0.00 65.00 100.00 %0.0011-365-50140 65.00 Salaries - Stipend 188.00 0.00 188.00 100.00 %0.0011-365-50145 188.00 Retirement 2,869.00 137.82 2,731.18 95.20 %137.8211-365-51200 2,869.00 Medical Insurance 1,445.00 38.34 1,406.66 97.35 %38.3411-365-51210 1,445.00 Dental Insurance 104.00 5.23 98.77 94.97 %5.2311-365-51215 104.00 Vision Insurance 20.00 1.01 18.99 94.95 %1.0111-365-51216 20.00 Life Insurance & Other 168.00 6.88 161.12 95.90 %6.8811-365-51218 168.00 Social Security Taxes 1,356.00 61.71 1,294.29 95.45 %61.7111-365-52220 1,356.00 Medicare Taxes 320.00 14.43 305.57 95.49 %14.4311-365-52225 320.00 Unemployment Taxes 52.00 0.00 52.00 100.00 %0.0011-365-52250 52.00 Workman's Compensation 127.00 0.00 127.00 100.00 %0.0011-365-52260 127.00 Category: 50 - Personnel Services Total:1,278.371,278.3728,528.00 28,528.00 27,249.63 95.52 % Category: 60 - Purchased Services Professional Outside Services 18,200.00 2,209.00 15,991.00 87.86 %2,209.0011-365-60100 18,200.00 Engineering/Construction 80,000.00 0.00 80,000.00 100.00 %0.0011-365-60550 80,000.00 Trash Removal/Recycling 2,000.00 564.00 1,436.00 71.80 %564.0011-365-64201 2,000.00 Street Sweeping 12,000.00 0.00 12,000.00 100.00 %0.0011-365-65520 12,000.00 Independent Labor 17,887.00 0.00 17,887.00 100.00 %0.0011-365-67000 17,887.00 Dues & Membership 200.00 0.00 200.00 100.00 %0.0011-365-68100 200.00 Category: 60 - Purchased Services Total:2,773.002,773.00130,287.00 130,287.00 127,514.00 97.87 % Category: 80 - Capital Capital Expenses 36,488.00 0.00 36,488.00 100.00 %0.0011-365-83700 36,488.00 Category: 80 - Capital Total:0.000.0036,488.00 36,488.00 36,488.00 100.00 % Category: 99 - Other Financing Uses Transfer to Debt Service 62,206.38 0.00 62,206.38 100.00 %0.0011-365-99400 62,206.38 Category: 99 - Other Financing Uses Total:0.000.0062,206.38 62,206.38 62,206.38 100.00 % Department: 365 - Drainage Total:4,051.374,051.37257,509.38 257,509.38 253,458.01 98.43 % Department: 601 - Debt Service Category: 90 - Debt Service Bond Interest - 2013 CO 35,400.00 0.00 35,400.00 100.00 %0.0011-601-91000 35,400.00 Category: 90 - Debt Service Total:0.000.0035,400.00 35,400.00 35,400.00 100.00 % Department: 601 - Debt Service Total:0.000.0035,400.00 35,400.00 35,400.00 100.00 % Expense Total:4,051.374,051.37292,909.38 292,909.38 288,858.01 98.62 % Fund: 11 - STORM DRAINAGE UTILITY Surplus (Deficit):29,431.8029,431.80121,890.62 121,890.62 -92,458.82 75.85 % Town Council Page 97 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 17 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Fund: 12 - COURT TECHNOLOGY Revenue Department: 000 - General Category: 43 - Fines & Fees Municipal Court Technology Fees 4,000.00 321.09 -3,678.91 91.97 %321.0912-000-43120 4,000.00 Category: 43 - Fines & Fees Total:321.09321.094,000.00 4,000.00 -3,678.91 91.97 % Department: 000 - General Total:321.09321.094,000.00 4,000.00 -3,678.91 91.97 % Revenue Total:321.09321.094,000.00 4,000.00 -3,678.91 91.97 % Expense Department: 261 - Court Technology Category: 60 - Purchased Services Software & Support 5,200.00 2,824.36 2,375.64 45.69 %2,824.3612-261-60800 5,200.00 Category: 60 - Purchased Services Total:2,824.362,824.365,200.00 5,200.00 2,375.64 45.69 % Department: 261 - Court Technology Total:2,824.362,824.365,200.00 5,200.00 2,375.64 45.69 % Expense Total:2,824.362,824.365,200.00 5,200.00 2,375.64 45.69 % Fund: 12 - COURT TECHNOLOGY Surplus (Deficit):-2,503.27-2,503.27-1,200.00 -1,200.00 -1,303.27 -108.61 % Fund: 13 - COURT SECURITY Revenue Department: 000 - General Category: 43 - Fines & Fees Municipal Court Security Fees 3,000.00 240.81 -2,759.19 91.97 %240.8113-000-43110 3,000.00 Category: 43 - Fines & Fees Total:240.81240.813,000.00 3,000.00 -2,759.19 91.97 % Department: 000 - General Total:240.81240.813,000.00 3,000.00 -2,759.19 91.97 % Revenue Total:240.81240.813,000.00 3,000.00 -2,759.19 91.97 % Expense Department: 271 - Court Security Category: 99 - Other Financing Uses Transfer to General Fund 3,000.00 0.00 3,000.00 100.00 %0.0013-271-99100 3,000.00 Category: 99 - Other Financing Uses Total:0.000.003,000.00 3,000.00 3,000.00 100.00 % Department: 271 - Court Security Total:0.000.003,000.00 3,000.00 3,000.00 100.00 % Expense Total:0.000.003,000.00 3,000.00 3,000.00 100.00 % Fund: 13 - COURT SECURITY Surplus (Deficit):240.81240.810.00 0.00 240.81 0.00 % Fund: 15 - ECONOMIC DEVELOPMENT CORPORATION 4B Revenue Department: 000 - General Category: 40 - Taxes Sales Tax - General 365,109.00 30,470.83 -334,638.17 91.65 %30,470.8315-000-40300 365,109.00 Category: 40 - Taxes Total:30,470.8330,470.83365,109.00 365,109.00 -334,638.17 91.65 % Category: 47 - Investment Income Interest Income 450.00 50.19 -399.81 88.85 %50.1915-000-47000 450.00 Category: 47 - Investment Income Total:50.1950.19450.00 450.00 -399.81 88.85 % Department: 000 - General Total:30,521.0230,521.02365,559.00 365,559.00 -335,037.98 91.65 % Revenue Total:30,521.0230,521.02365,559.00 365,559.00 -335,037.98 91.65 % Expense Department: 951 - EDC 4B Category: 60 - Purchased Services Auditing 1,000.00 0.00 1,000.00 100.00 %0.0015-951-60200 1,000.00 Advertising 5,200.00 0.00 5,200.00 100.00 %0.0015-951-63200 5,200.00 Printing 500.00 0.00 500.00 100.00 %0.0015-951-63250 500.00 Schools & Training 1,310.00 0.00 1,310.00 100.00 %0.0015-951-63551 1,310.00 Dues & Membership 1,050.00 0.00 1,050.00 100.00 %0.0015-951-68100 1,050.00 Town Council Page 98 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 18 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Travel & per diem 694.00 0.00 694.00 100.00 %0.0015-951-68200 694.00 Category: 60 - Purchased Services Total:0.000.009,754.00 9,754.00 9,754.00 100.00 % Category: 70 - Supplies Office Supplies 250.00 0.00 250.00 100.00 %0.0015-951-70100 250.00 Miscellaneous Expense 7,950.00 0.00 7,950.00 100.00 %0.0015-951-79999 7,950.00 Category: 70 - Supplies Total:0.000.008,200.00 8,200.00 8,200.00 100.00 % Category: 80 - Capital EDC Projects 3,750.00 0.00 3,750.00 100.00 %0.0015-951-87150 3,750.00 Incentive Programs 140,773.00 11,731.08 129,041.92 91.67 %11,731.0815-951-87200 140,773.00 Category: 80 - Capital Total:11,731.0811,731.08144,523.00 144,523.00 132,791.92 91.88 % Category: 99 - Other Financing Uses Transfer to Debt Service 208,473.00 0.00 208,473.00 100.00 %0.0015-951-99400 208,473.00 Category: 99 - Other Financing Uses Total:0.000.00208,473.00 208,473.00 208,473.00 100.00 % Department: 951 - EDC 4B Total:11,731.0811,731.08370,950.00 370,950.00 359,218.92 96.84 % Expense Total:11,731.0811,731.08370,950.00 370,950.00 359,218.92 96.84 % Fund: 15 - ECONOMIC DEVELOPMENT CORPORATION 4B Surplus (Defici…18,789.9418,789.94-5,391.00 -5,391.00 24,180.94 448.54 % Fund: 16 - HOTEL OCCUPANCY TAX Revenue Department: 000 - General Category: 40 - Taxes Hotel Occupancy Tax 354,520.00 24,231.67 -330,288.33 93.16 %24,231.6716-000-40400 354,520.00 Category: 40 - Taxes Total:24,231.6724,231.67354,520.00 354,520.00 -330,288.33 93.16 % Category: 47 - Investment Income Interest Income 500.00 29.84 -470.16 94.03 %29.8416-000-47000 500.00 Category: 47 - Investment Income Total:29.8429.84500.00 500.00 -470.16 94.03 % Department: 000 - General Total:24,261.5124,261.51355,020.00 355,020.00 -330,758.49 93.17 % Revenue Total:24,261.5124,261.51355,020.00 355,020.00 -330,758.49 93.17 % Expense Department: 370 - Hotel Occupancy Category: 60 - Purchased Services Advertising 83,000.00 0.00 83,000.00 100.00 %0.0016-370-63200 83,000.00 Event Rentals 46,825.00 0.00 46,825.00 100.00 %0.0016-370-67300 46,825.00 Category: 60 - Purchased Services Total:0.000.00129,825.00 129,825.00 129,825.00 100.00 % Category: 70 - Supplies July 4 Celebration 26,000.00 0.00 26,000.00 100.00 %0.0016-370-76700 26,000.00 Category: 70 - Supplies Total:0.000.0026,000.00 26,000.00 26,000.00 100.00 % Category: 99 - Other Financing Uses Transfer to General Fund 100,000.00 0.00 100,000.00 100.00 %0.0016-370-99100 100,000.00 Category: 99 - Other Financing Uses Total:0.000.00100,000.00 100,000.00 100,000.00 100.00 % Department: 370 - Hotel Occupancy Total:0.000.00255,825.00 255,825.00 255,825.00 100.00 % Expense Total:0.000.00255,825.00 255,825.00 255,825.00 100.00 % Fund: 16 - HOTEL OCCUPANCY TAX Surplus (Deficit):24,261.5124,261.5199,195.00 99,195.00 -74,933.49 75.54 % Fund: 17 - RECREATION PROGRAMS Revenue Department: 000 - General Category: 43 - Fines & Fees Recreation Programs 8,000.00 42.20 -7,957.80 99.47 %42.2017-000-43300 8,000.00 Category: 43 - Fines & Fees Total:42.2042.208,000.00 8,000.00 -7,957.80 99.47 % Department: 000 - General Total:42.2042.208,000.00 8,000.00 -7,957.80 99.47 % Revenue Total:42.2042.208,000.00 8,000.00 -7,957.80 99.47 % Town Council Page 99 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 19 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Expense Department: 450 - Recreation Category: 60 - Purchased Services Recreation Program - Expenses 8,000.00 540.00 7,460.00 93.25 %540.0017-450-60100 8,000.00 Category: 60 - Purchased Services Total:540.00540.008,000.00 8,000.00 7,460.00 93.25 % Department: 450 - Recreation Total:540.00540.008,000.00 8,000.00 7,460.00 93.25 % Expense Total:540.00540.008,000.00 8,000.00 7,460.00 93.25 % Fund: 17 - RECREATION PROGRAMS Surplus (Deficit):-497.80-497.800.00 0.00 -497.80 0.00 % Fund: 21 - MUD1 - FIRE OPERATIONS PAYROLL Expense Department: 045 - Fire Department Category: 50 - Personnel Services Salaries - Regular 0.00 21,844.96 -21,844.96 0.00 %21,844.9621-045-50100 0.00 Salaries - Overtime 0.00 5,417.16 -5,417.16 0.00 %5,417.1621-045-50130 0.00 Salaries - Certification 0.00 77.63 -77.63 0.00 %77.6321-045-50160 0.00 Retirement 0.00 3,701.76 -3,701.76 0.00 %3,701.7621-045-51200 0.00 Medical Insurance 0.00 2,512.01 -2,512.01 0.00 %2,512.0121-045-51210 0.00 Dental Insurance 0.00 233.60 -233.60 0.00 %233.6021-045-51215 0.00 Vision Insurance 0.00 44.90 -44.90 0.00 %44.9021-045-51216 0.00 Life Insurance & Other 0.00 210.53 -210.53 0.00 %210.5321-045-51218 0.00 Social Security Taxes 0.00 1,572.96 -1,572.96 0.00 %1,572.9621-045-52220 0.00 Medicare Taxes 0.00 367.75 -367.75 0.00 %367.7521-045-52225 0.00 Unemployment Taxes 0.00 0.45 -0.45 0.00 %0.4521-045-52250 0.00 Category: 50 - Personnel Services Total:35,983.7135,983.710.00 0.00 -35,983.71 0.00 % Category: 60 - Purchased Services Communications /Pagers/Mobiles 0.00 16.06 -16.06 0.00 %16.0621-045-63400 0.00 Category: 60 - Purchased Services Total:16.0616.060.00 0.00 -16.06 0.00 % Department: 045 - Fire Department Total:35,999.7735,999.770.00 0.00 -35,999.77 0.00 % Expense Total:35,999.7735,999.770.00 0.00 -35,999.77 0.00 % Fund: 21 - MUD1 - FIRE OPERATIONS PAYROLL Total:35,999.7735,999.770.00 0.00 -35,999.77 0.00 % Fund: 60 - TIRZ #1 Revenue Department: 000 - General Category: 40 - Taxes Property Taxes TIRZ#1 6,095.00 0.00 -6,095.00 100.00 %0.0060-000-40100 6,095.00 Sales Tax - TIRZ#1 1,000.00 0.00 -1,000.00 100.00 %0.0060-000-40300 1,000.00 Category: 40 - Taxes Total:0.000.007,095.00 7,095.00 -7,095.00 100.00 % Department: 000 - General Total:0.000.007,095.00 7,095.00 -7,095.00 100.00 % Revenue Total:0.000.007,095.00 7,095.00 -7,095.00 100.00 % Fund: 60 - TIRZ #1 Total:0.000.007,095.00 7,095.00 -7,095.00 100.00 % Fund: 71 - GRANT FUND-REIMBURSEABLE-MISCELLANEOUS Revenue Department: 000 - General Category: 47 - Investment Income Interest Income 0.00 5.25 5.25 0.00 %5.2571-000-47000 0.00 Category: 47 - Investment Income Total:5.255.250.00 0.00 5.25 0.00 % Department: 000 - General Total:5.255.250.00 0.00 5.25 0.00 % Revenue Total:5.255.250.00 0.00 5.25 0.00 % Fund: 71 - GRANT FUND-REIMBURSEABLE-MISCELLANEOUS Total:5.255.250.00 0.00 5.25 0.00 % Town Council Page 100 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 20 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Fund: 79 - DEBT SERVICE Revenue Department: 000 - General Category: 40 - Taxes Property Taxes 1,697,277.00 11,043.31 -1,686,233.69 99.35 %11,043.3179-000-40100 1,697,277.00 Property Taxes/Delinquent 4,465.00 -350.07 -4,815.07 107.84 %-350.0779-000-40125 4,465.00 Property Taxes/Penalty & Interest 2,976.00 28.94 -2,947.06 99.03 %28.9479-000-40150 2,976.00 Category: 40 - Taxes Total:10,722.1810,722.181,704,718.00 1,704,718.00 -1,693,995.82 99.37 % Category: 47 - Investment Income Interest Income 250.00 9.80 -240.20 96.08 %9.8079-000-47000 250.00 Category: 47 - Investment Income Total:9.809.80250.00 250.00 -240.20 96.08 % Category: 49 - Other Financing Sources Transfer In - Street Maintenance Sales…25,000.00 0.00 -25,000.00 100.00 %0.0079-000-49230 25,000.00 Transfer In - Storm Drainage 62,206.38 0.00 -62,206.38 100.00 %0.0079-000-49240 62,206.38 Category: 49 - Other Financing Sources Total:0.000.0087,206.38 87,206.38 -87,206.38 100.00 % Department: 000 - General Total:10,731.9810,731.981,792,174.38 1,792,174.38 -1,781,442.40 99.40 % Revenue Total:10,731.9810,731.981,792,174.38 1,792,174.38 -1,781,442.40 99.40 % Expense Department: 601 - Debt Service Category: 90 - Debt Service Bond Principal 1,339,500.00 0.00 1,339,500.00 100.00 %0.0079-601-90000 1,339,500.00 Bond Interest 383,067.17 0.00 383,067.17 100.00 %0.0079-601-91000 383,067.17 Paying Agent Fees 4,500.00 10,250.00 -5,750.00 -127.78 %10,250.0079-601-92000 4,500.00 Category: 90 - Debt Service Total:10,250.0010,250.001,727,067.17 1,727,067.17 1,716,817.17 99.41 % Department: 601 - Debt Service Total:10,250.0010,250.001,727,067.17 1,727,067.17 1,716,817.17 99.41 % Expense Total:10,250.0010,250.001,727,067.17 1,727,067.17 1,716,817.17 99.41 % Fund: 79 - DEBT SERVICE Surplus (Deficit):481.98481.9865,107.21 65,107.21 -64,625.23 99.26 % Fund: 80 - 25TH ANNIVERSARY FUND Expense Department: 000 - General Category: 70 - Supplies Community Events 0.00 2,344.80 -2,344.80 0.00 %2,344.8080-000-76950 0.00 Category: 70 - Supplies Total:2,344.802,344.800.00 0.00 -2,344.80 0.00 % Department: 000 - General Total:2,344.802,344.800.00 0.00 -2,344.80 0.00 % Expense Total:2,344.802,344.800.00 0.00 -2,344.80 0.00 % Fund: 80 - 25TH ANNIVERSARY FUND Total:2,344.802,344.800.00 0.00 -2,344.80 0.00 % Fund: 89 - CAPITAL PROJECTS Revenue Department: 000 - General Category: 47 - Investment Income Interest Income 100.00 203.89 103.89 203.89 %203.8989-000-47000 100.00 Category: 47 - Investment Income Total:203.89203.89100.00 100.00 103.89 103.89 % Category: 49 - Other Financing Sources Bond Proceeds 9,750,000.00 0.00 -9,750,000.00 100.00 %0.0089-000-49004 9,750,000.00 Category: 49 - Other Financing Sources Total:0.000.009,750,000.00 9,750,000.00 -9,750,000.00 100.00 % Department: 000 - General Total:203.89203.899,750,100.00 9,750,100.00 -9,749,896.11 100.00 % Revenue Total:203.89203.899,750,100.00 9,750,100.00 -9,749,896.11 100.00 % Town Council Page 101 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 21 of 29 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Expense Department: 140 - Manager's Office Category: 60 - Purchased Services Professional Services 0.00 108,988.18 -108,988.18 0.00 %108,988.1889-140-60100 0.00 Category: 60 - Purchased Services Total:108,988.18108,988.180.00 0.00 -108,988.18 0.00 % Department: 140 - Manager's Office Total:108,988.18108,988.180.00 0.00 -108,988.18 0.00 % Department: 360 - Streets Category: 80 - Capital Construction 8,551,101.00 3,000.00 8,548,101.00 99.96 %3,000.0089-360-83750 8,551,101.00 Category: 80 - Capital Total:3,000.003,000.008,551,101.00 8,551,101.00 8,548,101.00 99.96 % Department: 360 - Streets Total:3,000.003,000.008,551,101.00 8,551,101.00 8,548,101.00 99.96 % Department: 611 - Finance Category: 90 - Debt Service Bond Issuance Cost 97,500.00 0.00 97,500.00 100.00 %0.0089-611-93100 97,500.00 Category: 90 - Debt Service Total:0.000.0097,500.00 97,500.00 97,500.00 100.00 % Department: 611 - Finance Total:0.000.0097,500.00 97,500.00 97,500.00 100.00 % Expense Total:111,988.18111,988.188,648,601.00 8,648,601.00 8,536,612.82 98.71 % Fund: 89 - CAPITAL PROJECTS Surplus (Deficit):-111,784.29-111,784.291,101,499.00 1,101,499.00 -1,213,283.29 110.15 % Report Surplus (Deficit):-353,817.35 -353,817.351,250,941.03 1,250,941.03 -1,604,758.38 128.28 % Town Council Page 102 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 22 of 29 Group Summary Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategor… Current Total Budget Original Total Budget Percent Remaining Fund: 01 - GENERAL FUND Revenue Department: 000 - General 40 - Taxes 102,999.03102,999.036,554,669.00 6,554,669.00 -6,451,669.97 98.43 % 41 - Licenses & Permits 66,001.2366,001.231,505,863.00 1,505,863.00 -1,439,861.77 95.62 % 43 - Fines & Fees 9,934.069,934.06420,359.00 420,359.00 -410,424.94 97.64 % 44 - Charges for Services 8,966.788,966.78274,909.00 274,909.00 -265,942.22 96.74 % 45 - Rents 20.0020.00215,000.00 215,000.00 -214,980.00 99.99 % 47 - Investment Income 422.71422.7118,000.00 18,000.00 -17,577.29 97.65 % 49 - Other Financing Sources 0.000.00111,000.00 111,000.00 -111,000.00 100.00 % 51 - Miscellaneous 23.5323.5325,000.00 25,000.00 -24,976.47 99.91 % 188,367.34188,367.349,124,800.00 9,124,800.00 -8,936,432.66Department: 000 - General Total:97.94 % 188,367.34188,367.349,124,800.00 9,124,800.00 -8,936,432.66Revenue Total:97.94 % Expense Department: 000 - General 99 - Other Financing Uses 0.000.00644,555.00 644,555.00 644,555.00 100.00 % 0.000.00644,555.00 644,555.00 644,555.00Department: 000 - General Total:100.00 % Department: 140 - Manager's Office 50 - Personnel Services 31,036.1031,036.10689,144.00 689,144.00 658,107.90 95.50 % 60 - Purchased Services 27,528.5027,528.5092,038.00 92,038.00 64,509.50 70.09 % 70 - Supplies 69.1469.1462,347.00 62,347.00 62,277.86 99.89 % 58,633.7458,633.74843,529.00 843,529.00 784,895.26Department: 140 - Manager's Office Total:93.05 % Department: 160 - Legal 50 - Personnel Services 7,478.587,478.58165,480.00 165,480.00 158,001.42 95.48 % 60 - Purchased Services 50.7250.7223,191.00 23,191.00 23,140.28 99.78 % 70 - Supplies 19.1419.148,301.00 8,301.00 8,281.86 99.77 % 7,548.447,548.44196,972.00 196,972.00 189,423.56Department: 160 - Legal Total:96.17 % Department: 251 - Police 50 - Personnel Services 86,152.6986,152.692,022,142.00 2,022,142.00 1,935,989.31 95.74 % 60 - Purchased Services 12,032.0012,032.00162,289.00 162,289.00 150,257.00 92.59 % 70 - Supplies 5,764.075,764.0793,440.00 93,440.00 87,675.93 93.83 % 80 - Capital 0.000.0029,200.00 29,200.00 29,200.00 100.00 % 103,948.76103,948.762,307,071.00 2,307,071.00 2,203,122.24Department: 251 - Police Total:95.49 % Department: 255 - EMS 50 - Personnel Services 35,987.2435,987.24793,590.00 793,590.00 757,602.76 95.47 % 60 - Purchased Services 1,674.371,674.3763,879.00 63,879.00 62,204.63 97.38 % 70 - Supplies 3,772.453,772.4540,590.00 40,590.00 36,817.55 90.71 % 41,434.0641,434.06898,059.00 898,059.00 856,624.94Department: 255 - EMS Total:95.39 % Department: 360 - Streets 50 - Personnel Services 8,082.758,082.75220,656.00 220,656.00 212,573.25 96.34 % 60 - Purchased Services 514.48514.48194,564.00 194,564.00 194,049.52 99.74 % 70 - Supplies 145.12145.124,900.00 4,900.00 4,754.88 97.04 % 8,742.358,742.35420,120.00 420,120.00 411,377.65Department: 360 - Streets Total:97.92 % Department: 400 - Parks 50 - Personnel Services 33,826.3533,826.35786,327.00 786,327.00 752,500.65 95.70 % 60 - Purchased Services 36,427.9436,427.94468,059.00 468,059.00 431,631.06 92.22 % 70 - Supplies 2,006.432,006.4354,809.00 54,809.00 52,802.57 96.34 % 80 - Capital 0.000.0057,000.00 57,000.00 57,000.00 100.00 % 72,260.7272,260.721,366,195.00 1,366,195.00 1,293,934.28Department: 400 - Parks Total:94.71 % Department: 450 - Recreation 50 - Personnel Services 8,828.238,828.23417,042.00 417,042.00 408,213.77 97.88 % 60 - Purchased Services 3,416.223,416.22106,293.30 106,293.30 102,877.08 96.79 % 70 - Supplies 19.1419.1455,312.00 55,312.00 55,292.86 99.97 % Town Council Page 103 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 23 of 29 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategor… Current Total Budget Original Total Budget Percent Remaining 12,263.5912,263.59578,647.30 578,647.30 566,383.71Department: 450 - Recreation Total:97.88 % Department: 460 - Community Events 60 - Purchased Services 1,544.001,544.0018,972.00 18,972.00 17,428.00 91.86 % 70 - Supplies 812.70812.7012,909.00 12,909.00 12,096.30 93.70 % 2,356.702,356.7031,881.00 31,881.00 29,524.30Department: 460 - Community Events Total:92.61 % Department: 522 - Community Development 50 - Personnel Services 19,984.6419,984.64451,227.00 451,227.00 431,242.36 95.57 % 60 - Purchased Services 930.04930.04120,109.00 120,109.00 119,178.96 99.23 % 70 - Supplies 311.21311.2111,390.00 11,390.00 11,078.79 97.27 % 21,225.8921,225.89582,726.00 582,726.00 561,500.11Department: 522 - Community Development Total:96.36 % Department: 611 - Finance 50 - Personnel Services 12,759.0812,759.08285,126.00 285,126.00 272,366.92 95.53 % 60 - Purchased Services 725.04725.04121,443.00 121,443.00 120,717.96 99.40 % 70 - Supplies 140.43140.433,850.00 3,850.00 3,709.57 96.35 % 13,624.5513,624.55410,419.00 410,419.00 396,794.45Department: 611 - Finance Total:96.68 % Department: 615 - Municipal Court 50 - Personnel Services 3,278.053,278.0577,388.00 77,388.00 74,109.95 95.76 % 60 - Purchased Services 300.00300.008,489.00 8,489.00 8,189.00 96.47 % 70 - Supplies 19.1419.141,200.00 1,200.00 1,180.86 98.41 % 3,597.193,597.1987,077.00 87,077.00 83,479.81Department: 615 - Municipal Court Total:95.87 % Department: 630 - Human Resources 50 - Personnel Services 4,814.974,814.97119,557.00 119,557.00 114,742.03 95.97 % 60 - Purchased Services 851.07851.073,390.00 3,390.00 2,538.93 74.89 % 70 - Supplies 921.49921.49925.00 925.00 3.51 0.38 % 6,587.536,587.53123,872.00 123,872.00 117,284.47Department: 630 - Human Resources Total:94.68 % Department: 640 - Information Services 50 - Personnel Services 8,885.168,885.16218,142.00 218,142.00 209,256.84 95.93 % 60 - Purchased Services 35,063.0335,063.03238,787.50 238,787.50 203,724.47 85.32 % 70 - Supplies 1,344.371,344.3724,869.00 24,869.00 23,524.63 94.59 % 45,292.5645,292.56481,798.50 481,798.50 436,505.94Department: 640 - Information Services Total:90.60 % Department: 710 - Facilities Management 60 - Purchased Services 54,230.8154,230.81105,579.00 105,579.00 51,348.19 48.63 % 70 - Supplies 109.02109.026,500.00 6,500.00 6,390.98 98.32 % 54,339.8354,339.83112,079.00 112,079.00 57,739.17Department: 710 - Facilities Management Total:51.52 % 451,855.91451,855.919,085,000.80 9,085,000.80 8,633,144.89Expense Total:95.03 % -263,488.57-263,488.5739,799.20 39,799.20 -303,287.77Fund: 01 - GENERAL FUND Surplus (Deficit):762.04 % Fund: 03 - TAX NOTES 2010 Revenue Department: 000 - General 47 - Investment Income 3.363.360.00 0.00 3.36 0.00 % 3.363.360.00 0.00 3.36Department: 000 - General Total:0.00 % 3.363.360.00 0.00 3.36Revenue Total:0.00 % Expense Department: 400 - Parks 80 - Capital 0.000.0041,000.00 41,000.00 41,000.00 100.00 % 0.000.0041,000.00 41,000.00 41,000.00Department: 400 - Parks Total:100.00 % 0.000.0041,000.00 41,000.00 41,000.00Expense Total:100.00 % 3.363.36-41,000.00 -41,000.00 41,003.36Fund: 03 - TAX NOTES 2010 Surplus (Deficit):100.01 % Fund: 04 - CCPD FUND Revenue Department: 000 - General 40 - Taxes 15,043.0115,043.01186,433.00 186,433.00 -171,389.99 91.93 % Town Council Page 104 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 24 of 29 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategor… Current Total Budget Original Total Budget Percent Remaining 47 - Investment Income 14.5614.560.00 0.00 14.56 0.00 % 15,057.5715,057.57186,433.00 186,433.00 -171,375.43Department: 000 - General Total:91.92 % 15,057.5715,057.57186,433.00 186,433.00 -171,375.43Revenue Total:91.92 % Expense Department: 251 - Police 70 - Supplies 1,600.001,600.0057,400.00 57,400.00 55,800.00 97.21 % 80 - Capital 24,174.0024,174.00125,000.00 125,000.00 100,826.00 80.66 % 25,774.0025,774.00182,400.00 182,400.00 156,626.00Department: 251 - Police Total:85.87 % 25,774.0025,774.00182,400.00 182,400.00 156,626.00Expense Total:85.87 % -10,716.43-10,716.434,033.00 4,033.00 -14,749.43Fund: 04 - CCPD FUND Surplus (Deficit):365.72 % Fund: 05 - BOND FUND - GO 2010 PARKS Revenue Department: 000 - General 47 - Investment Income 1.301.300.00 0.00 1.30 0.00 % 1.301.300.00 0.00 1.30Department: 000 - General Total:0.00 % 1.301.300.00 0.00 1.30Revenue Total:0.00 % Expense Department: 400 - Parks 80 - Capital 0.000.0015,000.00 15,000.00 15,000.00 100.00 % 0.000.0015,000.00 15,000.00 15,000.00Department: 400 - Parks Total:100.00 % 0.000.0015,000.00 15,000.00 15,000.00Expense Total:100.00 % 1.301.30-15,000.00 -15,000.00 15,001.30Fund: 05 - BOND FUND - GO 2010 PARKS Surplus (Deficit):100.01 % Fund: 07 - CAPITAL REPLACEMENT FUND Revenue Department: 000 - General 49 - Other Financing Sources 0.000.00233,243.00 233,243.00 -233,243.00 100.00 % 0.000.00233,243.00 233,243.00 -233,243.00Department: 000 - General Total:100.00 % 0.000.00233,243.00 233,243.00 -233,243.00Revenue Total:100.00 % Expense Department: 251 - Police 80 - Capital 0.000.0045,800.00 45,800.00 45,800.00 100.00 % 0.000.0045,800.00 45,800.00 45,800.00Department: 251 - Police Total:100.00 % Department: 255 - EMS 80 - Capital 0.000.0018,000.00 18,000.00 18,000.00 100.00 % 0.000.0018,000.00 18,000.00 18,000.00Department: 255 - EMS Total:100.00 % Department: 400 - Parks 80 - Capital 0.000.0022,600.00 22,600.00 22,600.00 100.00 % 0.000.0022,600.00 22,600.00 22,600.00Department: 400 - Parks Total:100.00 % Department: 450 - Recreation 80 - Capital 0.000.0080,000.00 80,000.00 80,000.00 100.00 % 0.000.0080,000.00 80,000.00 80,000.00Department: 450 - Recreation Total:100.00 % Department: 640 - Information Services 80 - Capital 0.000.0049,463.00 49,463.00 49,463.00 100.00 % 0.000.0049,463.00 49,463.00 49,463.00Department: 640 - Information Services Total:100.00 % 0.000.00215,863.00 215,863.00 215,863.00Expense Total:100.00 % 0.000.0017,380.00 17,380.00 -17,380.00Fund: 07 - CAPITAL REPLACEMENT FUND Surplus (Deficit):100.00 % Town Council Page 105 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 25 of 29 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategor… Current Total Budget Original Total Budget Percent Remaining Fund: 08 - TAX NOTES 2012 Revenue Department: 000 - General 47 - Investment Income 7.387.380.00 0.00 7.38 0.00 % 7.387.380.00 0.00 7.38Department: 000 - General Total:0.00 % 7.387.380.00 0.00 7.38Revenue Total:0.00 % Expense Department: 140 - Manager's Office 60 - Purchased Services 0.000.00143,803.00 143,803.00 143,803.00 100.00 % 0.000.00143,803.00 143,803.00 143,803.00Department: 140 - Manager's Office Total:100.00 % 0.000.00143,803.00 143,803.00 143,803.00Expense Total:100.00 % 7.387.38-143,803.00 -143,803.00 143,810.38Fund: 08 - TAX NOTES 2012 Surplus (Deficit):100.01 % Fund: 09 - TROPHY CLUB PARK Revenue Department: 000 - General 43 - Fines & Fees 2,144.002,144.00165,000.00 165,000.00 -162,856.00 98.70 % 2,144.002,144.00165,000.00 165,000.00 -162,856.00Department: 000 - General Total:98.70 % 2,144.002,144.00165,000.00 165,000.00 -162,856.00Revenue Total:98.70 % Expense Department: 400 - Parks 50 - Personnel Services 2,284.982,284.9857,960.00 57,960.00 55,675.02 96.06 % 60 - Purchased Services 8,842.068,842.0672,921.00 72,921.00 64,078.94 87.87 % 70 - Supplies 912.45912.4521,925.00 21,925.00 21,012.55 95.84 % 99 - Other Financing Uses 0.000.008,000.00 8,000.00 8,000.00 100.00 % 12,039.4912,039.49160,806.00 160,806.00 148,766.51Department: 400 - Parks Total:92.51 % 12,039.4912,039.49160,806.00 160,806.00 148,766.51Expense Total:92.51 % -9,895.49-9,895.494,194.00 4,194.00 -14,089.49Fund: 09 - TROPHY CLUB PARK Surplus (Deficit):335.94 % Fund: 10 - STREET MAINTENANCE SALES TAX Revenue Department: 000 - General 40 - Taxes 15,235.4215,235.42182,554.00 182,554.00 -167,318.58 91.65 % 15,235.4215,235.42182,554.00 182,554.00 -167,318.58Department: 000 - General Total:91.65 % 15,235.4215,235.42182,554.00 182,554.00 -167,318.58Revenue Total:91.65 % Expense Department: 360 - Streets 50 - Personnel Services 1,584.181,584.1835,472.00 35,472.00 33,887.82 95.53 % 60 - Purchased Services 2,882.542,882.54118,700.00 118,700.00 115,817.46 97.57 % 70 - Supplies 578.96578.966,240.00 6,240.00 5,661.04 90.72 % 99 - Other Financing Uses 0.000.0025,000.00 25,000.00 25,000.00 100.00 % 5,045.685,045.68185,412.00 185,412.00 180,366.32Department: 360 - Streets Total:97.28 % 5,045.685,045.68185,412.00 185,412.00 180,366.32Expense Total:97.28 % 10,189.7410,189.74-2,858.00 -2,858.00 13,047.74Fund: 10 - STREET MAINTENANCE SALES TAX Surplus (Deficit):456.53 % Fund: 11 - STORM DRAINAGE UTILITY Revenue Department: 000 - General 43 - Fines & Fees 33,468.3933,468.39414,700.00 414,700.00 -381,231.61 91.93 % 47 - Investment Income 14.7814.78100.00 100.00 -85.22 85.22 % 33,483.1733,483.17414,800.00 414,800.00 -381,316.83Department: 000 - General Total:91.93 % 33,483.1733,483.17414,800.00 414,800.00 -381,316.83Revenue Total:91.93 % Expense Department: 365 - Drainage 50 - Personnel Services 1,278.371,278.3728,528.00 28,528.00 27,249.63 95.52 % 60 - Purchased Services 2,773.002,773.00130,287.00 130,287.00 127,514.00 97.87 % Town Council Page 106 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 26 of 29 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategor… Current Total Budget Original Total Budget Percent Remaining 80 - Capital 0.000.0036,488.00 36,488.00 36,488.00 100.00 % 99 - Other Financing Uses 0.000.0062,206.38 62,206.38 62,206.38 100.00 % 4,051.374,051.37257,509.38 257,509.38 253,458.01Department: 365 - Drainage Total:98.43 % Department: 601 - Debt Service 90 - Debt Service 0.000.0035,400.00 35,400.00 35,400.00 100.00 % 0.000.0035,400.00 35,400.00 35,400.00Department: 601 - Debt Service Total:100.00 % 4,051.374,051.37292,909.38 292,909.38 288,858.01Expense Total:98.62 % 29,431.8029,431.80121,890.62 121,890.62 -92,458.82Fund: 11 - STORM DRAINAGE UTILITY Surplus (Deficit):75.85 % Fund: 12 - COURT TECHNOLOGY Revenue Department: 000 - General 43 - Fines & Fees 321.09321.094,000.00 4,000.00 -3,678.91 91.97 % 321.09321.094,000.00 4,000.00 -3,678.91Department: 000 - General Total:91.97 % 321.09321.094,000.00 4,000.00 -3,678.91Revenue Total:91.97 % Expense Department: 261 - Court Technology 60 - Purchased Services 2,824.362,824.365,200.00 5,200.00 2,375.64 45.69 % 2,824.362,824.365,200.00 5,200.00 2,375.64Department: 261 - Court Technology Total:45.69 % 2,824.362,824.365,200.00 5,200.00 2,375.64Expense Total:45.69 % -2,503.27-2,503.27-1,200.00 -1,200.00 -1,303.27Fund: 12 - COURT TECHNOLOGY Surplus (Deficit):-108.61 % Fund: 13 - COURT SECURITY Revenue Department: 000 - General 43 - Fines & Fees 240.81240.813,000.00 3,000.00 -2,759.19 91.97 % 240.81240.813,000.00 3,000.00 -2,759.19Department: 000 - General Total:91.97 % 240.81240.813,000.00 3,000.00 -2,759.19Revenue Total:91.97 % Expense Department: 271 - Court Security 99 - Other Financing Uses 0.000.003,000.00 3,000.00 3,000.00 100.00 % 0.000.003,000.00 3,000.00 3,000.00Department: 271 - Court Security Total:100.00 % 0.000.003,000.00 3,000.00 3,000.00Expense Total:100.00 % 240.81240.810.00 0.00 240.81Fund: 13 - COURT SECURITY Surplus (Deficit):0.00 % Fund: 15 - ECONOMIC DEVELOPMENT CORPORATION 4B Revenue Department: 000 - General 40 - Taxes 30,470.8330,470.83365,109.00 365,109.00 -334,638.17 91.65 % 47 - Investment Income 50.1950.19450.00 450.00 -399.81 88.85 % 30,521.0230,521.02365,559.00 365,559.00 -335,037.98Department: 000 - General Total:91.65 % 30,521.0230,521.02365,559.00 365,559.00 -335,037.98Revenue Total:91.65 % Expense Department: 951 - EDC 4B 60 - Purchased Services 0.000.009,754.00 9,754.00 9,754.00 100.00 % 70 - Supplies 0.000.008,200.00 8,200.00 8,200.00 100.00 % 80 - Capital 11,731.0811,731.08144,523.00 144,523.00 132,791.92 91.88 % 99 - Other Financing Uses 0.000.00208,473.00 208,473.00 208,473.00 100.00 % 11,731.0811,731.08370,950.00 370,950.00 359,218.92Department: 951 - EDC 4B Total:96.84 % 11,731.0811,731.08370,950.00 370,950.00 359,218.92Expense Total:96.84 % 18,789.9418,789.94-5,391.00 -5,391.00 24,180.94Fund: 15 - ECONOMIC DEVELOPMENT CORPORATION 4B Surplus (Defici…448.54 % Fund: 16 - HOTEL OCCUPANCY TAX Revenue Department: 000 - General 40 - Taxes 24,231.6724,231.67354,520.00 354,520.00 -330,288.33 93.16 % Town Council Page 107 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 27 of 29 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategor… Current Total Budget Original Total Budget Percent Remaining 47 - Investment Income 29.8429.84500.00 500.00 -470.16 94.03 % 24,261.5124,261.51355,020.00 355,020.00 -330,758.49Department: 000 - General Total:93.17 % 24,261.5124,261.51355,020.00 355,020.00 -330,758.49Revenue Total:93.17 % Expense Department: 370 - Hotel Occupancy 60 - Purchased Services 0.000.00129,825.00 129,825.00 129,825.00 100.00 % 70 - Supplies 0.000.0026,000.00 26,000.00 26,000.00 100.00 % 99 - Other Financing Uses 0.000.00100,000.00 100,000.00 100,000.00 100.00 % 0.000.00255,825.00 255,825.00 255,825.00Department: 370 - Hotel Occupancy Total:100.00 % 0.000.00255,825.00 255,825.00 255,825.00Expense Total:100.00 % 24,261.5124,261.5199,195.00 99,195.00 -74,933.49Fund: 16 - HOTEL OCCUPANCY TAX Surplus (Deficit):75.54 % Fund: 17 - RECREATION PROGRAMS Revenue Department: 000 - General 43 - Fines & Fees 42.2042.208,000.00 8,000.00 -7,957.80 99.47 % 42.2042.208,000.00 8,000.00 -7,957.80Department: 000 - General Total:99.47 % 42.2042.208,000.00 8,000.00 -7,957.80Revenue Total:99.47 % Expense Department: 450 - Recreation 60 - Purchased Services 540.00540.008,000.00 8,000.00 7,460.00 93.25 % 540.00540.008,000.00 8,000.00 7,460.00Department: 450 - Recreation Total:93.25 % 540.00540.008,000.00 8,000.00 7,460.00Expense Total:93.25 % -497.80-497.800.00 0.00 -497.80Fund: 17 - RECREATION PROGRAMS Surplus (Deficit):0.00 % Fund: 21 - MUD1 - FIRE OPERATIONS PAYROLL Expense Department: 045 - Fire Department 50 - Personnel Services 35,983.7135,983.710.00 0.00 -35,983.71 0.00 % 60 - Purchased Services 16.0616.060.00 0.00 -16.06 0.00 % 35,999.7735,999.770.00 0.00 -35,999.77Department: 045 - Fire Department Total:0.00 % 35,999.7735,999.770.00 0.00 -35,999.77Expense Total:0.00 % 35,999.7735,999.770.00 0.00 -35,999.77Fund: 21 - MUD1 - FIRE OPERATIONS PAYROLL Total:0.00 % Fund: 60 - TIRZ #1 Revenue Department: 000 - General 40 - Taxes 0.000.007,095.00 7,095.00 -7,095.00 100.00 % 0.000.007,095.00 7,095.00 -7,095.00Department: 000 - General Total:100.00 % 0.000.007,095.00 7,095.00 -7,095.00Revenue Total:100.00 % 0.000.007,095.00 7,095.00 -7,095.00Fund: 60 - TIRZ #1 Total:100.00 % Fund: 71 - GRANT FUND-REIMBURSEABLE-MISCELLANEOUS Revenue Department: 000 - General 47 - Investment Income 5.255.250.00 0.00 5.25 0.00 % 5.255.250.00 0.00 5.25Department: 000 - General Total:0.00 % 5.255.250.00 0.00 5.25Revenue Total:0.00 % 5.255.250.00 0.00 5.25Fund: 71 - GRANT FUND-REIMBURSEABLE-MISCELLANEOUS Total:0.00 % Fund: 79 - DEBT SERVICE Revenue Department: 000 - General 40 - Taxes 10,722.1810,722.181,704,718.00 1,704,718.00 -1,693,995.82 99.37 % 47 - Investment Income 9.809.80250.00 250.00 -240.20 96.08 % 49 - Other Financing Sources 0.000.0087,206.38 87,206.38 -87,206.38 100.00 % Town Council Page 108 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 28 of 29 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategor… Current Total Budget Original Total Budget Percent Remaining 10,731.9810,731.981,792,174.38 1,792,174.38 -1,781,442.40Department: 000 - General Total:99.40 % 10,731.9810,731.981,792,174.38 1,792,174.38 -1,781,442.40Revenue Total:99.40 % Expense Department: 601 - Debt Service 90 - Debt Service 10,250.0010,250.001,727,067.17 1,727,067.17 1,716,817.17 99.41 % 10,250.0010,250.001,727,067.17 1,727,067.17 1,716,817.17Department: 601 - Debt Service Total:99.41 % 10,250.0010,250.001,727,067.17 1,727,067.17 1,716,817.17Expense Total:99.41 % 481.98481.9865,107.21 65,107.21 -64,625.23Fund: 79 - DEBT SERVICE Surplus (Deficit):99.26 % Fund: 80 - 25TH ANNIVERSARY FUND Expense Department: 000 - General 70 - Supplies 2,344.802,344.800.00 0.00 -2,344.80 0.00 % 2,344.802,344.800.00 0.00 -2,344.80Department: 000 - General Total:0.00 % 2,344.802,344.800.00 0.00 -2,344.80Expense Total:0.00 % 2,344.802,344.800.00 0.00 -2,344.80Fund: 80 - 25TH ANNIVERSARY FUND Total:0.00 % Fund: 89 - CAPITAL PROJECTS Revenue Department: 000 - General 47 - Investment Income 203.89203.89100.00 100.00 103.89 103.89 % 49 - Other Financing Sources 0.000.009,750,000.00 9,750,000.00 -9,750,000.00 100.00 % 203.89203.899,750,100.00 9,750,100.00 -9,749,896.11Department: 000 - General Total:100.00 % 203.89203.899,750,100.00 9,750,100.00 -9,749,896.11Revenue Total:100.00 % Expense Department: 140 - Manager's Office 60 - Purchased Services 108,988.18108,988.180.00 0.00 -108,988.18 0.00 % 108,988.18108,988.180.00 0.00 -108,988.18Department: 140 - Manager's Office Total:0.00 % Department: 360 - Streets 80 - Capital 3,000.003,000.008,551,101.00 8,551,101.00 8,548,101.00 99.96 % 3,000.003,000.008,551,101.00 8,551,101.00 8,548,101.00Department: 360 - Streets Total:99.96 % Department: 611 - Finance 90 - Debt Service 0.000.0097,500.00 97,500.00 97,500.00 100.00 % 0.000.0097,500.00 97,500.00 97,500.00Department: 611 - Finance Total:100.00 % 111,988.18111,988.188,648,601.00 8,648,601.00 8,536,612.82Expense Total:98.71 % -111,784.29-111,784.291,101,499.00 1,101,499.00 -1,213,283.29Fund: 89 - CAPITAL PROJECTS Surplus (Deficit):110.15 % Report Surplus (Deficit):-353,817.35 -353,817.351,250,941.03 1,250,941.03 -1,604,758.38 128.28 % Town Council Page 109 of 295 Meeting Date: December 8, 2015 All Fund Budget Report For Fiscal: 2015-2016 Period Ending: 10/31/2015 12/2/2015 9:21:28 AM Page 29 of 29 Fund Summary Fiscal Activity Variance Favorable (Unfavorable)Fund Period Activity Current Total Budget Original Total Budget 01 - GENERAL FUND -263,488.57-263,488.5739,799.20 39,799.20 -303,287.77 03 - TAX NOTES 2010 3.363.36-41,000.00 -41,000.00 41,003.36 04 - CCPD FUND -10,716.43-10,716.434,033.00 4,033.00 -14,749.43 05 - BOND FUND - GO 2010 PARKS 1.301.30-15,000.00 -15,000.00 15,001.30 07 - CAPITAL REPLACEMENT FUND 0.000.0017,380.00 17,380.00 -17,380.00 08 - TAX NOTES 2012 7.387.38-143,803.00 -143,803.00 143,810.38 09 - TROPHY CLUB PARK -9,895.49-9,895.494,194.00 4,194.00 -14,089.49 10 - STREET MAINTENANCE SALES TAX 10,189.7410,189.74-2,858.00 -2,858.00 13,047.74 11 - STORM DRAINAGE UTILITY 29,431.8029,431.80121,890.62 121,890.62 -92,458.82 12 - COURT TECHNOLOGY -2,503.27-2,503.27-1,200.00 -1,200.00 -1,303.27 13 - COURT SECURITY 240.81240.810.00 0.00 240.81 15 - ECONOMIC DEVELOPMENT CORPORATION 4B 18,789.9418,789.94-5,391.00 -5,391.00 24,180.94 16 - HOTEL OCCUPANCY TAX 24,261.5124,261.5199,195.00 99,195.00 -74,933.49 17 - RECREATION PROGRAMS -497.80-497.800.00 0.00 -497.80 21 - MUD1 - FIRE OPERATIONS PAYROLL -35,999.77-35,999.770.00 0.00 -35,999.77 60 - TIRZ #1 0.000.007,095.00 7,095.00 -7,095.00 71 - GRANT FUND-REIMBURSEABLE-MISCELLANEOUS 5.255.250.00 0.00 5.25 79 - DEBT SERVICE 481.98481.9865,107.21 65,107.21 -64,625.23 80 - 25TH ANNIVERSARY FUND -2,344.80-2,344.800.00 0.00 -2,344.80 89 - CAPITAL PROJECTS -111,784.29-111,784.291,101,499.00 1,101,499.00 -1,213,283.29 Report Surplus (Deficit):-353,817.35 -353,817.351,250,941.03 1,250,941.03 -1,604,758.38 Town Council Page 110 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0773-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:11/17/2015 Town Council On agenda:Final action:12/8/2015 Title:Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas renumbering and correcting clerical errors within the Charter pursuant to Section 11.12 entitled “Renumber, Rename, Rearrange, Clerical, Typographical and Grammatical Error Correction” of Article XI entitled “General Provisions” of the Town of Trophy Club Home Rule Charter; providing for the Incorporation of Premises; providing for amendments to Section 4.08 entitled “Duties of the Town Secretary” of Article IV entitled “Administrative Services” by renumbering Subsection (d) and (e), renumbering Section 9.04 entitled “Budget” of Article IX entitled “Budget, Finance and Taxation” by changing the outline from 1-2-3 to (a)-(b)-(c), and amending section 11.15 entitled “Charter Review Commission” of article XI entitled “General Provisions” to correct a clerical error in order to add an “s” on the fourth line of the first paragraph; providing for Engrossment, Enrollment, and Certification; and providing an effective date. Attachments:Staff Report - Charter Clerical Amendments.pdf ORD 2015-43 Renumber and Clerical Error Correction within Town Charter.pdf Home Rule Charter_REV04 - December 2015 - renumbering, etc.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas renumbering and correcting clerical errors within the Charter pursuant to Section 11.12 entitled “Renumber, Rename, Rearrange, Clerical, Typographical and Grammatical Error Correction” of Article XI entitled “General Provisions” of the Town of Trophy Club Home Rule Charter; providing for the Incorporation of Premises; providing for amendments to Section 4.08 entitled “Duties of the Town Secretary” of Article IV entitled “Administrative Services” by renumbering Subsection (d) and (e), renumbering Section 9.04 entitled “Budget” of Article IX entitled “Budget, Finance and Taxation” by changing the outline from 1-2-3 to (a)-(b)-(c), and amending section 11.15 entitled “Charter Review Commission” of article XI entitled “General Provisions” to correct a clerical error in order to add an “s” on the fourth line of the first paragraph; providing for Engrossment, Enrollment, and Certification; and providing an effective date. Town Council Page 111 of 295 Meeting Date: December 8, 2015 To: Mayor and Town Council From: Patricia Adams, Town Attorney CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Home Rule Charter Clerical Amendments Town Council Meeting, December 8, 2015 Agenda Item: Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas renumbering and correcting clerical errors within the Charter pursuant to Section 11.12 entitled “Renumber, Rename, Rearrange, Clerical, Typographical and Grammatical Error Correction” of Article XI entitled “General Provisions” of the Town of Trophy Club Home Rule Charter; providing for the Incorporation of Premises; providing for amendments to Section 4.08 entitled “Duties of the Town Secretary” of Article IV entitled “Administrative Services” by renumbering Subsection (d) and (e), renumbering Section 9.04 entitled “Budget” of Article IX entitled “Budget, Finance and Taxation” by changing the outline from 1-2-3 to (a)-(b)-(c), and amending section 11.15 entitled “Charter Review Commission” of article XI entitled “General Provisions” to correct a clerical error in order to add an “s” on the fourth line of the first paragraph; providing for Engrossment, Enrollment, and Certification; and providing an effective date. Explanation: Section 11.12 of the Town’s Charter adopted in May, 2013 authorizes the Town Council to adopt an ordinance renumbering, rearranging and correcting clerical errors within the Charter as long as the meaning or effect of the provision is not changed. As we continue updating ordinances and working with the codifiers, this ordinance has been drafted to update the Charter by renumbering sections and correct clerical errors as specifically outlined below. Section 11.12 provides: 11.12 Renumber, Rename, Rearrange, Clerical, Typographical and Grammatical Error Correction The Council shall have the power, by ordinance, to renumber, rename and rearrange all articles, sections and paragraphs of this Charter, or any amendments thereto, and to correct clerical, typographical or grammatical errors within the Charter, as it shall deem appropriate, provided that such action does not change the meaning or effect of any part hereof, and, upon the passage of any such ordinance, a copy thereof, certified by the Town Secretary, shall be forwarded to the Secretary of State of the State of Texas for filing. Page 1 of 2 Town Council Page 112 of 295 Meeting Date: December 8, 2015 Revisions: 1. Charter Amendment Proposition #10, voted on in 2013 and declared in effect by Ordinance 2013-15, allowed for the addition of “Be the custodian of all municipal records of the Town; and” to be placed under Section 4.08 “Duties of the Town Secretary.” This addition caused the order of the listed duties to be out of order; Proposed Ordinance No. 2015-43 moves this duty up one in the list and places the catch all provision for the Town Secretary to perform other duties as required as the last item in the list of duties. 2. Proposed Ordinance No. 2015-43 also changes the outline format in Section 9.04 “Budget” from 1-2-3; to (a)-(b)-(c) to be consistent with other sections of the Charter. 3. The last change proposed in Ordinance No. 2015-43 corrects a typographical error in the first paragraph of Section 11.15 “Charter Review Commission” by changing the word “member” to “members”. “The Commission shall consist of nine (9) qualified voters of the Town. Each council member shall appoint one member to serve on the Charter Review Commission, and remaining members shall be appointed by vote of the Council.” Attachments: • Proposed Ordinance No. 2015-43 • Home Rule Charter Page 2 of 2 Town Council Page 113 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-43 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS RENUMBERING AND CORRECTING CLERICAL ERRORS WITHIN THE CHARTER PURSUANT TO SECTION 11.12 ENTITLED “RENUMBER, RENAME, REARRANGE, CLERICAL, TYPOGRAPHICAL AND GRAMMATICAL ERROR CORRECTION” OF ARTICLE XI ENTITLED “GENERAL PROVISIONS” OF THE TOWN OF TROPHY CLUB HOME RULE CHARTER; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS TO SECTION 4.08 ENTITLED “DUTIES OF THE TOWN SECRETARY” OF ARTICLE IV ENTITLED “ADMINISTRATIVE SERVICES” BY RENUMBERING SUBSECTION (D) AND (E), RENUMBERING SECTION 9.04 ENTITLED “BUDGET” OF ARTICLE IX ENTITLED “BUDGET, FINANCE AND TAXATION” BY CHANGING THE OUTLINE FROM 1-2-3 TO (A)-(B)-(C), AND AMENDING SECTION 11.15 ENTITLED “CHARTER REVIEW COMMISSION” OF ARTICLE XI ENTITLED “GENERAL PROVISIONS” TO CORRECT A CLERICAL ERROR IN ORDER TO ADD AN “S” ON THE FOURTH LINE OF THE FIRST PARAGRAPH; PROVIDING FOR ENGROSSMENT, ENROLLMENT, AND CERTIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas is a Home Rule Town acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, at a Special Election held within the Town of Trophy Club, Texas, on the 11th day of May, 2013, more than a majority of the duly qualified resident electors of the Town of Trophy Club, voting in the Special Election, voted in favor of the approval and adoption of a various amendments to the Home Rule Charter for the Town of Trophy Club, Texas; and WHEREAS, on the 21st day of May, 2013, the Town Council of the Town of Trophy Club adopted Ordinance No. 2013-12 canvassing the returns of the Special Election; and WHEREAS, on the 21st day of May, 2013, the Town Council of the Town of Trophy Club adopted Ordinance No. 2013-15 declaring that the Charter had been so amended in accordance with the official results of the Special Election and the Order of the Special Election, and thereby approved and adopted amendments to the Home- Rule Charter of the Town of Trophy Club; and WHEREAS, Ordinance No. 2013-15 allowed for the renaming amendment to Section 11.12 entitled “Renumber, Rename, Rearrange, Clerical, Typographical and Grammatical Error Correction”; and Town Council Page 114 of 295 Meeting Date: December 8, 2015 WHEREAS, section 11.12 of the Town’s Home Rule Charter authorizes the Town Council to enact an ordinance to renumber and rearrange and to correct clerical errors in all articles, sections and paragraphs of the Charter and amendments to the Charter as determined appropriate by Council provided that there is no change to the meaning or effect of any part of the Charter; and WHEREAS, it deemed to serve the best interests of the Town of Trophy Club and its residents that the Town Council adopt this Ordinance renumbering, rearranging and correcting clerical errors within the Charter to accommodate newly adopted amendments to the Charter, and Council has determined that such renumbering and clerical corrections do not change the meaning of the Charter amendments or effect of any part thereof; and NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated into the body of this Ordinance and made a part hereof for all purposes. SECTION 2. ADOPTION OF AMENDMENTS The following Sections of the Charter are reordered to reflect new number and/or letter designations as follows: 2.01 Section 4.08 entitled “Duties of the Town Secretary” and read in their entirety as follows: “3.06 Duties of the Town Secretary The Town Secretary shall: (a) Record the minutes of all official meetings of the Council; provided, however, only the captions of duly enacted ordinances and resolutions shall be recorded in the minutes; (b) Hold and maintain the Town Seal and affix to all instruments requiring such seal; (c) Verify the sufficiency of any petition for recall, initiative, or referendum based upon the requirements of this Charter and all applicable laws; and, (d) Be the custodian of all municipal records of the Town; and ORD 2015-43 Page 2 of 5 Town Council Page 115 of 295 Meeting Date: December 8, 2015 (e) Perform such other duties as may be required by the Council, the Town Manager, this Charter or the laws of the State of Texas. 12-08-15, (Renumbered 4.08(d) and 4.08(e), Ord. 2015-43 05-21-13, (Added new Subsection (e), Ord. 2013-15, Prop #10;” 2.02 Section 9.04 entitled “Budget” shall be renumbered and reordered so shall be and read in its entirety as follows: “9.04 Budget The budget shall provide a complete financial plan of all Town funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the Town Manager deems desirable or the Council may require for effective management and an understanding of the relationship between the budget and the Town's strategic goals. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income citing the source or basis of the estimates, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the three prior fiscal years and the projected budgets for the next three fiscal years; the total of the proposed expenditures shall not exceed the total estimated income and the balance of available funds. The budget shall indicate in separate sections: (a) The proposed goals and expenditures for current operations during the ensuing fiscal year, detailed for each fund by department or by other organization unit, and program, purpose or activity, method of financing such expenditures, and methods to measure outcomes and performance related to the goals; (b) Proposed longer term goals and capital expenditures during the ensuing fiscal year, detailed for each fund by department or by other organization unit when practicable, the proposed method of financing each such capital expenditure, and methods to measure outcomes and performance related to the goals; and (c) The proposed goals, anticipated income and expense, profit and loss for the ensuing year for each utility or other enterprise fund or internal service fund operated by the Town, and methods to measure outcomes and performance related to the goals. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance exclusive of reserves. 12-08-15, (Changed Outline from 1-3 to (a) – (c)) Ord. 2015-43 05-09-09, (Repealed Section 9.04 and adopted a new Section 9.04) Ord. 2009-12, Prop #19” ORD 2015-43 Page 3 of 5 Town Council Page 116 of 295 Meeting Date: December 8, 2015 2.03 Section 11.15 entitled “Charter Review Commission” shall be amended to an “(s)” to the word “member” on the fourth line of the first paragraph so shall be and read in its entirety as follows: “11.15 Charter Review Commission The Council shall appoint a Charter Review Commission at intervals of not more than seven (7) years. The Commission shall consist of nine (9) qualified voters of the Town. Each council member shall appoint one member to serve on the Charter Review Commission, and remaining members shall be appointed by vote of the Council. The Commission shall review the Town Charter and make Charter amendment recommendations, where appropriate, that will help protect or enhance the rights, powers and benefits of all Trophy Club residents. It shall be the duty of the Charter Review Commission to: (a) Inquire into the operation of the Town government under the Charter and determine whether any provisions require revision. To this end, public hearings may be held; (b) Propose any recommendations it deems desirable to ensure compliance with this Charter; (c) Propose amendments to this Charter to improve its effective application to current conditions; and (d) Report its findings and present its proposed amendments to the Town Council. The Council shall receive and have published in the Town’s official newspaper the Charter Review Commission’s final report. It shall consider any recommendations and, if any amendments are presented, may order the amendment or amendments submitted to the voters of the Town. The term of office of Commission shall be six (6) months or longer if extended by the Council and, at the completion of such term, a report of the proceedings of the Commission shall be filed with the Town Secretary and shall become public record. 12-08-15, (Added “s” to “member” in fourth line of first paragraph) Ord. 2015-43 05-21-13 (Amended First Paragraph of Section 11.15) Ord. 2013-15, Prop #17; 05-09-09, (Amended Section 11.15 and Subsections (a and d)) Ord. 2009-12, Prop #22” SECTION 3. ENGROSSMENT, ENROLLMENT, AND CERTIFICATION The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as specified by the Home Rule Charter and Chapter 9 of the Texas Local Government Code. Further, a copy of this Ordinance shall be certified by ORD 2015-43 Page 4 of 5 Town Council Page 117 of 295 Meeting Date: December 8, 2015 the Town Secretary and the Mayor and shall be forwarded to the Secretary of State for filing as required by Section 11.12 of the Home Rule Charter of the Town of Trophy Club and Chapter 9 of the Texas Local Government Code. SECTION 4. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 8th day of December, 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 ORD 2015-43 Page 5 of 5 Town Council Page 118 of 295 Meeting Date: December 8, 2015 Am ended December 8, 2015-REV04 ORDINANCE NO. 2015-43 HOME RULE CHARTER of the TOWN OF TROPHY CLUB PREAMBLE We, the citizens of Trophy Club, Texas, in order to establish a home rule municipal government, provide for the welfare and progress of our Town and obtain more fully the benefits of local self-government, do hereby adopt this Home Rule Charter. With this Charter, we grant to our duly elected governing body the power and privilege to administer the Town on our behalf and for the benefit of our community. Town Council Page 119 of 295 Meeting Date: December 8, 2015 2 TABLE OF CONTENTS ARTICLE I FORM OF GOVERNMENT AND BOUNDARIES ..................................................................... 5 1.01 INCORPORATION, CORPORATE NAME ............................................................................................................... 5 1.02 FORM OF GOVERNMENT ...................................................................................................................................... 5 1.03 BOUNDARIES .......................................................................................................................................................... 5 1.04 ANNEXATION .......................................................................................................................................................... 5 1.05 DISANNEXATION .................................................................................................................................................... 6 ARTICLE II POWERS OF THE TOWN ........................................................................................................ 7 2.01 ENUMERATED POWERS NOT EXCLUSIVE .......................................................................................................... 7 2.02 EMINENT DOMAIN .................................................................................................................................................. 7 2.03 POWER TO ACQUIRE PROPERTY INSIDE AND OUTSIDE THE TOWN FOR ANY LAWFUL PURPOSES ........ 7 ARTICLE III THE COUNCIL ......................................................................................................................... 8 3.01 NUMBER, SELECTION, TERM ................................................................................................................................ 8 3.02 QUALIFICATIONS .................................................................................................................................................... 8 3.03 COUNCIL JUDGE OF ELECTION OF MEMBERS .................................................................................................. 8 3.04 VACANCIES, FORFEITURE OF OFFICE, FILLING OF VACANCIES..................................................................... 8 3.05 COMPENSATION ..................................................................................................................................................... 9 3.06 MAYOR ..................................................................................................................................................................... 9 3.06A MAYOR ................................................................................................................................................................... 10 3.07 MAYOR PRO-TEM ................................................................................................................................................. 10 3.08 POWERS OF THE COUNCIL ................................................................................................................................ 10 3.09 MEETINGS OF THE COUNCIL .............................................................................................................................. 12 3.10 SPECIAL MEETINGS ............................................................................................................................................. 12 3.11 RULES OF THE COUNCIL .................................................................................................................................... 12 3.12 QUORUM ............................................................................................................................................................... 12 3.13 INTERFERENCE IN TOWN MANAGER APPOINTMENTS AND REMOVALS OR DUTIES ................................. 13 3.14 ACTION REQUIRING AN ORDINANCE ................................................................................................................ 13 3.15 FORM OF ORDINANCES ...................................................................................................................................... 13 3.16 PROCEDURE FOR ENACTING ORDINANCES AND RESOLUTIONS; PUBLICATIONS .................................... 14 3.17 EMERGENCY ORDINANCES ................................................................................................................................ 14 3.18 BONDS FOR EMPLOYEES ................................................................................................................................... 14 3.19 INVESTIGATIVE POWERS OF THE COUNCIL .................................................................................................... 15 3.20 CONFLICT OF INTEREST AND ABSTENTION .................................................................................................... 15 3.21 INDEMNIFICATION OF OFFICERS ....................................................................................................................... 15 3.22 TERM LIMITS ......................................................................................................................................................... 15 ARTICLE IV ADMINISTRATIVE SERVICES ............................................................................................. 16 4.01 ADMINISTRATIVE DEPARTMENTS...................................................................................................................... 16 4.02 TOWN MANAGER – APPOINTMENT AND QUALIFICATIONS ............................................................................ 16 4.03 COMPENSATION ................................................................................................................................................... 16 4.04 TERM AND REMOVAL .......................................................................................................................................... 16 4.05 POWERS AND DUTIES ......................................................................................................................................... 16 4.06 ACTING TOWN MANAGER ................................................................................................................................... 18 4.07 TOWN SECRETARY .............................................................................................................................................. 18 4.08 DUTIES OF THE TOWN SECRETARY.................................................................................................................. 18 4.09 COMPENSATION ................................................................................................................................................... 18 4.10 MUNICIPAL COURT .............................................................................................................................................. 19 4.11 JUDGE OF COURT ................................................................................................................................................ 19 4.12 CLERK OF THE COURT ........................................................................................................................................ 19 4.13 FINES ..................................................................................................................................................................... 19 4.14 TOWN ATTORNEY – APPOINTMENT & QUALIFICATIONS ................................................................................ 19 Town Council Page 120 of 295 Meeting Date: December 8, 2015 3 4.15 PROFESSIONAL SERVICES ................................................................................................................................. 19 4.16 TOWN BOARDS, COMMISSIONS AND CORPORATIONS .................................................................................. 20 4.17 PERSONAL FINANCIAL INTEREST ...................................................................................................................... 20 4.18 ACCEPTING GIFTS, ETC. ..................................................................................................................................... 20 ARTICLE V NOMINATIONS AND ELECTIONS ........................................................................................ 21 5.01 ELECTIONS ........................................................................................................................................................... 21 5.02 REGULATION OF ELECTIONS ............................................................................................................................. 22 5.03 SPECIAL ELECTIONS ........................................................................................................................................... 22 5.04 FILING FOR OFFICE ............................................................................................................................................. 22 5.05 THE OFFICIAL BALLOT ......................................................................................................................................... 23 5.06 CANVASSING AND ELECTION RESULTS ........................................................................................................... 23 5.07 NOTIFICATION OF TOWN OFFICERS ................................................................................................................. 23 5.08 OATH OF OFFICE .................................................................................................................................................. 23 ARTICLE VI RECALL ................................................................................................................................. 24 6.01 SCOPE OF RECALL .............................................................................................................................................. 24 6.01A SCOPE OF RECALL .............................................................................................................................................. 24 6.02 PETITION FOR RECALL ........................................................................................................................................ 24 6.03 FORM OF RECALL AND OATH ............................................................................................................................. 25 6.04 PROCEDURE AFTER FILING PETITION FOR RECALL ...................................................................................... 25 6.05 PUBLIC NOTICE .................................................................................................................................................... 26 6.06 OFFICIAL BALLOT ................................................................................................................................................. 26 6.07 RECALL PETITION PROHIBITED ......................................................................................................................... 27 6.08 REFUSAL OF RECALL PETITION ......................................................................................................................... 27 ARTICLE VII LEGISLATION BY THE PEOPLE, INITIATIVE AND REFERENDUM ................................ 28 7.01 INITIATIVE GENERALLY ....................................................................................................................................... 28 7.02 PETITION ............................................................................................................................................................... 28 7.03 REFERENDUM ...................................................................................................................................................... 28 7.04 VOLUNTARY SUBMISSION OF LEGISLATION BY THE COUNCIL..................................................................... 29 7.05 FORM OF BALLOTS .............................................................................................................................................. 29 7.06 PUBLICATION OF PROPOSED AND REFERRED ORDINANCES ...................................................................... 29 7.07 ADOPTION OF ORDINANCES .............................................................................................................................. 29 7.08 INCONSISTENT ORDINANCES ............................................................................................................................ 29 7.09 ORDINANCES PASSED BY POPULAR VOTE: REPEAL OR AMENDMENT ....................................................... 29 7.10 FURTHER REGULATIONS BY COUNCIL ............................................................................................................. 30 ARTICLE VIII MUNICIPAL PLANNING AND ZONING ............................................................................. 31 8.01 STATE LAW ADOPTED – ZONING ....................................................................................................................... 31 8.02 STATE LAW ADOPTED – SUBDIVISION REGULATION...................................................................................... 31 8.03 THE PLANNING AND ZONING COMMISSION ..................................................................................................... 31 8.04 PURPOSE, OBJECTIVE, POWER AND DUTIES .................................................................................................. 31 8.05 BOARD OF ADJUSTMENT .................................................................................................................................... 32 8.06 COMPREHENSIVE MASTER PLAN ...................................................................................................................... 32 ARTICLE IX BUDGET, FINANCE AND TAXATION ................................................................................. 33 9.01 FISCAL YEAR ........................................................................................................................................................ 33 9.02 SUBMISSION ......................................................................................................................................................... 33 9.03 BUDGET MESSAGE .............................................................................................................................................. 33 9.04 BUDGET ................................................................................................................................................................. 33 9.05 COUNCIL ACTION ON BUDGET ........................................................................................................................... 34 9.06 AMENDMENT AFTER ADOPTION ........................................................................................................................ 35 9.07 ADMINISTRATION AND FIDUCIARY OVERSIGHT OF THE BUDGET ................................................................ 35 Town Council Page 121 of 295 Meeting Date: December 8, 2015 4 9.08 CAPITAL PROGRAM ............................................................................................................................................. 36 9.09 AUDIT AND EXAMINATION OF TOWN BOOKS AND ACCOUNTS ..................................................................... 36 9.10 DEFECT SHALL NOT INVALIDATE TAX LEVY .................................................................................................... 36 9.11 PUBLIC RECORDS ................................................................................................................................................ 37 9.12 SPECIFIED RESERVE FUND ................................................................................................................................ 37 9.13 CHANGES IN BUDGET ......................................................................................................................................... 37 9.14 AUTHORITY TO INCUR INDEBTEDNESS ............................................................................................................ 37 9.15 BONDS INCONTESTABLE .................................................................................................................................... 37 9.16 BORROWING IN ANTICIPATION OF PROPERTY TAX ....................................................................................... 37 9.17 USE OF BOND FUNDS .......................................................................................................................................... 38 9.18 POWER TO TAX .................................................................................................................................................... 38 9.19 TAX RATE .............................................................................................................................................................. 38 9.20 OTHER RULES AND REGULATIONS ................................................................................................................... 38 ARTICLE X FRANCHISES AND PUBLIC UTILITIES ............................................................................... 39 10.01 INALIENABILITY OF CONTROL OF PUBLIC PROPERTY ................................................................................... 39 10.02 POWERS OF THE TOWN ...................................................................................................................................... 39 10.03 POWERS TO GRANT FRANCHISE....................................................................................................................... 39 10.04 FRANCHISE VALUE NOT TO BE ALLOWED ....................................................................................................... 39 10.05 RIGHT OF REGULATION ...................................................................................................................................... 39 10.06 CONSENT OF PROPERTY OWNER ..................................................................................................................... 40 10.07 EXTENSIONS ......................................................................................................................................................... 40 10.08 OTHER CONDITIONS ............................................................................................................................................ 41 10.09 ACCOUNTS OF MUNICIPALLY OWNED UTILITIES ............................................................................................ 41 10.10 SALES OF ELECTRICITY, WATER AND SEWER SERVICE ............................................................................... 41 10.11 REGULATION OF RATES AND SERVICE ............................................................................................................ 41 ARTICLE XI GENERAL PROVISIONS ...................................................................................................... 43 11.01 CHARTER AUTHORITY ......................................................................................................................................... 43 11.02 PUBLIC RECORDS ................................................................................................................................................ 43 11.03 PROPERTY NOT SUBJECT TO EXECUTION ...................................................................................................... 43 11.04 TOWN NOT REQUIRED TO GIVE SECURITY OR EXECUTE BOND .................................................................. 43 11.05 NOTICE OF INJURY OR DAMAGE ....................................................................................................................... 43 11.06 POWERS TO REMIT PENALTIES ......................................................................................................................... 44 11.07 PROPERTY NOT EXEMPT FROM SPECIAL ASSESSMENTS ............................................................................ 44 11.08 TOWN DEPOSITORY ............................................................................................................................................ 44 11.09 JUDICIAL NOTICE ................................................................................................................................................. 44 11.10 SEVERABILITY CLAUSE ....................................................................................................................................... 44 11.11 CONSTRUCTION OF CHARTER .......................................................................................................................... 44 11.12 RENUMBER, RENAME, REARRANGE, CLERICAL, TYPOGRAPHICAL AND GRAMMATICAL ERROR CORRECTION .......................................................................................................................................................................... 44 11.13 AMENDMENT TO CHARTER ................................................................................................................................ 45 11.14 CODE OF ETHICS AND CONDUCT; ETHICS COMMISSION .............................................................................. 45 11.15 CHARTER REVIEW COMMISSION ....................................................................................................................... 45 ARTICLE XII TRANSITIONAL PROVISIONS ............................................................................................ 47 12.01 INTERIM MUNICIPAL GOVERNMENT .................................................................................................................. 47 12.02 PERSONS SERVING ON BOARDS, COMMISSIONS OR CORPORATIONS ...................................................... 47 12.03 EFFECT OF THIS CHARTER ON EXISTING LAW ............................................................................................... 47 12.04 CONTINUANCE OF CONTRACTS, FRANCHISES AND SUCCESSION OF RIGHTS ......................................... 47 12.05 SUBMISSION OF CHARTER TO VOTERS ........................................................................................................... 47 Town Council Page 122 of 295 Meeting Date: December 8, 2015 5 ARTICLE I FORM OF GOVERNMENT AND BOUNDARIES 1.01 Incorporation, Corporate Name All citizens of the Town of Trophy Club, in Denton and Tarrant Counties, Texas, within the boundaries of said Town now established or as hereinafter established in the manner provided by law shall continue to be a municipal body politic and corporate in perpetuity under the name “Town of Trophy Club” hereinafter referred to as the “Town” with such powers, rights, authority, privileges, obligations and immunities as are herein provided and as otherwise provided by law. 1.02 Form of Government The municipal government provided by this Charter shall be known as the "council-manager government". Pursuant to its provisions and subject only to the limitations imposed by the Texas Constitution, and the laws of the State of Texas, and by this Charter, all powers of the Town shall be vested in an elective council, hereinafter referred to as the "Council" which shall enact legislation, adopt budgets, determine policies, and appoint the Town Manager, who shall execute the laws and administer the government of the Town. All powers of the Town shall be exercised in the manner prescribed by this Charter, or if the manner be not prescribed, then in such manner as may be prescribed by ordinance or State law. 1.03 Boundaries The boundaries of the Town shall be as they have been established previously, now exist, and as hereinafter amended by the Council in accordance with the law and a map of such boundaries shall be on file with the Town Secretary. 1.04 Annexation (a) The Council shall have the power by ordinance to fix boundaries of the Town and to provide for the alteration or the extension of said boundaries, pursuant to any laws of the State of Texas now or hereinafter enacted, with or without the consent of the owners or inhabitants of such territory. (b) The annexation ordinance shall describe the territory to be annexed. Notice shall be published and public hearings held as required by State law. Amendments not enlarging or extending the boundaries set forth in the proposed ordinance may be incorporated into the proposed ordinance without the necessity of republication of said notice. The additional territory annexed shall be a part of the Town and the property situated therein shall bear its pro rata part of the taxes levied by the Town as provided by State law. The inhabitants thereof shall be entitled to all the rights and privileges of other citizens and shall be bound by the acts, ordinances, resolutions and regulations of the Town. Town Council Page 123 of 295 Meeting Date: December 8, 2015 6 1.05 Disannexation The Council may, by ordinance, disannex any territory within the corporate boundaries of the Town, if the Council determines the territory is not necessary or suitable for Town purposes or if it is determined that disannexation is required as a result of a valid municipal purpose, and may exchange territory with other municipalities. When the disannexation ordinance is passed, the disannexed territory shall cease to be a part of the Town. The disannexed territory shall remain liable for its pro rata share of any indebtedness incurred while the area was a part of the Town and the Town shall continue to levy, assess and collect taxes on the property in the disannexed territory until such indebtedness has been paid. Town Council Page 124 of 295 Meeting Date: December 8, 2015 7 ARTICLE II POWERS OF THE TOWN 2.01 Enumerated Powers Not Exclusive The Town shall have the powers which are herein expressly provided as well as all powers that are now or which hereafter may be granted to municipalities by the Constitution or laws of the State of Texas, together with all the implied powers necessary to execute such granted powers. The enumeration of particular powers in the Charter shall not be held or deemed to be exclusive of those powers not expressly enumerated but shall be cumulative and shall not be interpreted as limiting the Town’s power in any way. 2.02 Eminent Domain The Town shall have full right, power and authority to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter, or by the Constitution, by the laws of the State of Texas or by Town ordinance. The power of eminent domain hereby conferred shall include the right of the Town to take the fee, easement and other interest in the lands so condemned, and such power and authority shall include the right to condemn public and private property for such purposes. The Town shall have and possess this power of condemnation of property within or without the corporate limits for any municipal or public purposes, even though not specifically enumerated herein or in this Charter. 2.03 Power to Acquire Property Inside and Outside the Town for Any Lawful Purposes The Town shall have the power to sell and to acquire by purchase either private or public property located inside or outside of the corporate limits for any lawful purposes. Town Council Page 125 of 295 Meeting Date: December 8, 2015 8 ARTICLE III THE COUNCIL 3.01 Number, Selection, Term The Council shall consist of seven (7) members, a Mayor and six (6) Councilmembers, elected from the Town at-large-by-place in the manner provided in Article V, for a term of three (3) years or until their successors have been elected and take office as provided in Article V. Each Councilmember shall be elected to and occupy a place on the Council, such Places being numbered (e.g., Place 1, Place 2, Place 3, etc.). 05-21-13, (Amended Section 3.01) Ord. 2013-15, Prop #18; 05-09-09, (Amended Section 3.01) Ord. 2009-12, Prop #4 3.02 Qualifications (a) Each person who becomes a candidate for Mayor or Councilmember shall meet the following qualifications: (1) be at least eighteen (18) years of age on the first day of the form to be filed; (2) be a citizen of the United States; (3) be a qualified voter of the Town; (4) reside and have resided for at least twelve (12) months preceding the election within the corporate limits of the Town; (5) no candidate may file for more than one office or position number per election; (6) no employee of the Town shall continue in such position after becoming a candidate for a Town elective office; and, (7) If any sitting Council member files to become a candidate for another public office, he shall resign his current seat upon filing for the new office. (b) The Council shall be the judge of the qualifications of candidates for office in accordance with Section 3.04(b) and for these purposes shall have the power to subpoena witnesses and require the production of records. 05-21-13, (Amended Subsection (a.1)) Ord. 2013-15, Prop #3; 05-21-13, (Amended Subsection (b)) Ord. 2013-15, Prop #4; 05-09-09, (Amended to add Subsection (a.7)) Ord. 2009-12, Prop #5 3.03 Council Judge of Election of Members The Council shall be the judge of the election and qualifications of its own members, subject to review of the courts in case of contest. The Council shall after each regular or special election, canvass the return and declare the results of each election as required by law. 3.04 Vacancies, Forfeiture of Office, Filling of Vacancies (a) The office of the Mayor or a Councilmember shall become vacant upon the Mayor or Councilmember's death, resignation, removal from office (in any manner authorized by law), or forfeiture of office. Town Council Page 126 of 295 Meeting Date: December 8, 2015 9 (b) The Mayor or a Councilmember shall forfeit his office if during a term of office, the Mayor or Councilmember: (1) lacks any qualification for the office prescribed by this Charter or by other law; (2) violates any express prohibition of this Charter; (3) is convicted of a felony crime or is convicted of a crime involving moral turpitude; or, (4) fails to attend three consecutive regular meetings of the Council without being excused by the Council. The Council shall, by an affirmative 3/4 vote of the entire membership, be the judge in matters involving forfeiture of office by a Councilmember or the Mayor; provided however, that if any member is convicted of a felony or a crime of moral turpitude while in office, the office shall immediately and automatically become vacant without any requirement for action by the Council. Forfeiture of office pursuant to this section may be appealed to an appropriate court as provided by law. (c) If there is a vacancy in the office of Mayor, a new Mayor shall be elected by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. (d) A vacancy in the office of a Councilmember shall be filled by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. If the vacated office is that of Mayor Pro-Tem, the Town Council shall elect a new Mayor Pro-Tem at the next regular meeting. (e) Vacancies filled by special election shall be for the remainder of the term that was vacated. 05-21-13, (Amended Subsection (b) (Last Paragraph Only) Ord. 2013-15, Prop #4; 05-09-09, (Amended Subsection c and added Subsection d and e) Ord. 2009-12, Prop #4; 05-09-09, (Amended by adding new Subsection (b.2) and renumber current (b.2 and b.3) to (b.3 and b.4)) Ord. 2009-12, Prop #6; 05-09-09, (Amended Subsection c and added Subsection d and e) Ord. 2009-12, Prop #7 3.05 Compensation The Mayor and Councilmembers shall serve without pay or compensation; provided, however, that they shall be entitled to reimbursement of any necessary expenses incurred in the performance of their official duties, when approved by Council or their designee. 3.06 Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and he shall have a vote on all matters before the Council. He shall sign after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall present an annual state of the Town message, which shall include setting out needs and goals for the Town. He shall be recognized as the official head of the Town by the courts for the Town Council Page 127 of 295 Meeting Date: December 8, 2015 10 purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. 05-21-13, (Amended 3.06) Ord. 2013-15, Prop #5; 05-09-09, (Amended 3.06) Ord. 2009-12, Prop #9 3.06A Mayor 05-21-13, (Repealed 3.06A) Ord. 2013-15, Prop #5; 05-09-09, (Amended) Ord. 2009-12, Prop #19 3.07 Mayor Pro-Tem The Council, at its first meeting after election of Councilmembers, shall elect one of its number as Mayor Pro Tem. He shall perform all the duties of the Mayor in the absence or disability of the Mayor. 3.08 Powers of the Council All powers of the Town, and the determination of all matters of policy, shall be vested in the Council. Without limitation of the foregoing, and among the other powers that may be exercised by the Council, the following are hereby enumerated for greater certainty: (a) Appoint and remove a Town Manager as hereinafter provided; (b) Adopt the budget of the Town, and remain fully advised as to the financial condition and future needs of the Town; (c) Authorize the issuance and sale of bonds by a bond ordinance; (d) Develop long term goals for the Town and strategies to implement goals; (e) Inquire into the conduct of any office, department or agency of the Town and authorize investigations as to municipal affairs; (f) Provide for such additional boards, commissions and corporations not otherwise provided for in this Charter, as may be deemed necessary, and appoint the members of all such boards, commissions and corporations. Such boards, commissions and corporations shall have all powers and duties now or hereafter conferred and created by this Charter, by Town ordinance or by State law; (g) Adopt and modify the zoning plan, and a building code, including electrical and plumbing codes, of and for the Town; and to require building permits; (h) Adopt and modify the official map of the boundaries of the Town and its extraterritorial jurisdiction; (i) Adopt, modify and carry out plans proposed by the Town Planning and Zoning Commission for the clearance of slum districts and rehabilitation of blighted areas; Town Council Page 128 of 295 Meeting Date: December 8, 2015 11 (j) Adopt, modify and carry out plans proposed by the Town Planning and Zoning Commission for the replanning, improvement and redevelopment of any area or district which may have been destroyed in whole or in part by disaster; (k) Regulate, license and fix the charges or fares made by any person, firm or corporation owning, operating or controlling any vehicle of any character used for the carrying of passengers for hire or the transportation of freight for hire on the public streets and alleys of the Town; (l) Provide for the establishment and designation of fire limits, and prescribe the kind and character of buildings or structures or improvements to be erected therein; provide for the erection of fireproof buildings within said limits; provide for the condemnation of dangerous structures, buildings, dilapidated buildings or buildings calculated to increase the fire hazard, and prescribe the manner of their removal or destruction, within said limits; (m) Provide for a sanitary sewer and water system, and require property owners to connect their premises with sewer system and provide the penalties for failure to make sanitary sewer connections; (n) Provide for sanitary garbage disposal, and set fees and charges therefor, and provide penalties for failure to pay such fees and charges; define nuisances and to prohibit same, and provide penalties for violations; (o) Provide for all necessary public utilities and set fees and charges therefor and provide penalties for misuses of same; (p) Exercise exclusive dominion, control and jurisdiction (including the right to close and abandon streets and alleys) in, upon, over and under the public streets, avenues, sidewalks, alleys, highways, boulevards and public grounds of the Town; provide for the improvement of same as set forth in State law or as determined appropriate by the Council in order to meet a municipal purpose; (q) Compromise and settle any and all claims, demands and lawsuits, of every kind and character, in favor of, or against, the Town; (r) Require bonds, both special and general, of such contractors and others constructing or building for the Town as Council determines appropriate, and to set up standards, rules and regulations therefore; (s) Pass ordinances defining and prohibiting misdemeanors and provide penalties for violations; (t) Provide and/or arrange for any and all "civil defense measures" and "public shelter measures" for the Town and for the citizens thereof, deemed necessary for the public welfare; (u) Exercise, or delegate to the Mayor, extraordinary and total executive powers (on a temporary basis) during the existence and duration of any major public disaster, for the public welfare; and, Town Council Page 129 of 295 Meeting Date: December 8, 2015 12 (v) Name and designate an "Official Newspaper" for the Town and cause only the caption of duly enacted ordinances to be published except as provided otherwise by law. 05-09-09, (Amended Subsection b, added Subsection d, and renumbered a - v) Ord. 2009-12, Prop #19 3.09 Meetings of the Council The Council shall hold at least two (2) regular meetings a month for at least seven (7) months and a minimum of one meeting during each of the other five (5) months at a time to be fixed by Council for such regular meetings. Council may hold as many other meetings as may be necessary for the transaction of the business of the Town. All regular meetings shall be held at the Municipal Building or at such other places within town limits as will permit the attendance of the general public. All meetings will be held in accordance with open meeting laws of the State of Texas. 3.10 Special Meetings The Mayor or any three (3) members of the Council may call special meetings by giving notice to the Town Secretary of the nature of the meeting, the items for consideration, and the proposed date and time of the meeting. The Town Secretary shall notify each member of the Council of the time of such meeting and purpose thereof. Only matters mentioned in the call shall be considered. 3.11 Rules of the Council (a) The Council shall determine its own rules of procedure and may compel the attendance of its members. Minutes of the proceedings of the Council shall be kept, to which any citizen may have access at all reasonable times and which shall constitute one of the archives of the Town. (b) Any item requested by two (2) Councilmembers, or the Mayor, or by the Town Manager shall be placed on the agenda by the Town Secretary. The Mayor will establish the order of the agenda for each Council meeting. The Town Secretary shall prepare the agenda, which shall be publicly posted in accordance with the Texas Open Meetings Act. (c) The rules shall provide that citizens of the Town shall have a reasonable opportunity to be heard at any meeting. 05-09-09, (Amended Subsection b) Ord. 2009-12, Prop #10 3.12 Quorum A majority of the Council shall constitute a quorum to do business. A number less than a quorum may adjourn from time to time and compel the attendance of absent members. Except as otherwise specifically provided herein or as provided by law, four (4) members of Council shall constitute a quorum for the purpose of transaction of business and no action of the Council shall be valid or binding unless adopted by the affirmative vote of four (4) or more members of the Council, or as required by State law or this Charter. If the Council is reduced to less than four (4) members on account of vacancies, the remaining members shall constitute a quorum for the sole purpose of calling an election. Town Council Page 130 of 295 Meeting Date: December 8, 2015 13 05-09-09, (Amended Section 3.12) Ord. 2009-12, Prop #9 3.13 Interference in Town Manager Appointments and Removals or Duties Neither the Council nor any of its members shall direct or request the appointment of any person to or his removal from office by the Town Manager or by any of his subordinates. However, the Council may consult and advise with the Town Manager, make inquiry regarding the appointments or removals and may express their opinion in regard thereto. In regard to administrative and executive duties under the Town Manager, the Council and its members shall deal solely through the Town Manager, either publicly or privately. 3.14 Action Requiring an Ordinance In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the Council shall be by ordinance which: (a) Adopt or amend an administrative code; (b) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; (c) Levy taxes; (d) Grant, renew or extend a franchise; (e) Regulate the rate charged for its services by a public utility; (f) Authorize the borrowing of money that cannot be repaid within the current fiscal year; (g) Convey, lease or authorize the conveyance or lease of any lands of the Town; (h) Regulate land use and development; (i) Amend or repeal any ordinance previously adopted; and, (j) Adopt an annual budget. Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution provided that such action is in compliance with applicable law. 3.15 Form of Ordinances Every proposed ordinance shall be introduced in writing and in substantially the form required for final adoption. The subject of the ordinance shall be clearly expressed in its title. The enacting clause of every ordinance shall be in accordance with State law. Any ordinance which repeals or amends an existing ordinance or part of the Town code shall clearly set forth the provision or provisions being repealed or amended and, if amended, shall further clearly set forth the amendment being made. Town Council Page 131 of 295 Meeting Date: December 8, 2015 14 3.16 Procedure for Enacting Ordinances and Resolutions; Publications (a) Ordinances and resolutions may be passed at any regular meeting or special meeting called for that purpose provided notice has been given in accordance with the Texas Open Meetings Act. (b) All ordinances, exclusive of emergency ordinances defined by Section 3.17 of this Charter, shall be considered and passed in open meeting of the Council. All persons interested shall have the opportunity to be heard. The Town Attorney shall opine as to legality all ordinances prior to final adoption. Every ordinance, resolution or motion shall require on passage the affirmative vote of four (4) or more members of Council present unless more is required by State law. (c) The descriptive caption or title of an ordinance that imposes a penalty, fine or forfeiture, and the penalty for violating the ordinance, shall be published at least once in the official newspaper of the Town. (d) An ordinance required to be published takes effect when the publication requirement is satisfied, unless the ordinance provides otherwise. An ordinance that is not required to be published takes effect when adopted unless the ordinance provides otherwise. (e) All ordinances and resolutions may be admitted and received in all courts, subject to the rules of evidence and laws of jurisdictions where proof of such ordinances and resolutions are tendered, without further proof. 05-09-09, (Amended Subsection b) Ord. 2009-12, Prop #9 3.17 Emergency Ordinances The Council may adopt emergency ordinances only to meet public emergencies affecting the life, health, property or the public peace in accordance with State law. In particular, such ordinances shall not levy taxes, grant or renew or extend a franchise or regulate the rate charged by any public utility for its services, and shall be adopted as authorized by applicable state or federal law. After adoption the ordinance shall be published as required by law, but may become effective immediately upon enactment. 05-21-13, (Amended 3.17) Ord. 2013-15, Prop #6; 05-09-09, (Amended Section 3.17) Ord. 2009-12, Prop #9 3.18 Bonds for Employees The Town Manager and the Town Secretary and such other Town officers and employees as the Council may require, shall, before entering upon the duties of their office, enter into a good and sufficient fidelity bond in a sum to be determined by the Council payable to the Town, and conditioned upon the faithful discharge of the duties of such persons, and upon the faithful accounting for all monies, credits and things of value coming into the hands of such persons, and such bonds shall be signed as surety by some company authorized to do business under the laws of the State of Texas. Premium of such bonds shall be paid by the Town, and such bonds must be acceptable to the Council. Town Council Page 132 of 295 Meeting Date: December 8, 2015 15 3.19 Investigative Powers of the Council The Council, by the affirmative vote of a quorum, shall have the power to authorize an inquiry or investigation into the official conduct of any office, department, or agency of the Town. 05-21-13, (Amended 3.19) Ord. 2013-15, Prop #7 3.20 Conflict of Interest and Abstention (a) Conflict of Interest. Should any person on the Town Council have a conflict of interest, pursuant to any State laws and/or Town ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the Town Council, he shall openly declare same before discussion proceeds, and he is thereby prohibited from discussing the item or voting on the question, and is not considered as present and voting for the purposes of the tally. (b) Abstention. Should any person on the Town Council choose to abstain from voting on any question before the Town Council, where no conflict of interest exists, the person’s vote shall be recorded as a negative vote in the official minutes of the meeting. 05-09-09, (Amended Subsections a and b), Ord. 2009-12, Prop #10; 05-09-09, (Amended Article III to add a Section entitled “Conflict of Interest and Abstention” numbered as Section 3.20 and replacing the current Section 3.20 of Article III which was amended, renumbered and moved to Article IX, Section 9.09) Ord. 2009-12, Prop #19 3.21 Indemnification of Officers The Council may, by appropriate ordinance, provide for the indemnification and defense of the officers and employees of the Town, including members of the Council, or any board, commission, or committee, including volunteers, against any loss, cost, or expense arising out of or related to the discharge of official duties, to the extent such indemnification is allowed by law and to the extent such actions or inactions are covered under the terms of the Town’s general liability insurance coverage. Under no circumstances shall indemnification be provided for any act arising out of the intentional or knowing violation of any penal statute or for any personal or private business of such officer, employee, member or volunteer, or for any criminal misconduct. 05-21-13, (Amended 3.21) Ord. 2013-15, Prop #8 3.22 Term Limits No person shall serve as Mayor for successive elected full terms totaling more than six years, and no person shall serve as Councilmember for successive elected full terms totaling more than six years. A term of office shall be defined as an elected period of two (2) years or an elected period of three (3) years. A portion of a term does not count as a term of office for purposes of a limit. Term limits shall apply to the May of 2010 election and all subsequent elections. Election terms previously served or being served at the May of 2010 election are not counted in the application of term limits. 05-09-09, (Amended) Ord. 2009-12, Prop #23 Town Council Page 133 of 295 Meeting Date: December 8, 2015 16 ARTICLE IV ADMINISTRATIVE SERVICES 4.01 Administrative Departments Administrative departments shall be established by the Town Manager. The head of each department shall be appointed by the Town Manager and shall be subject to the direction and supervision of the Town Manager. 4.02 Town Manager – Appointment and Qualifications (a) The Council shall appoint a Town Manager, who shall be the chief administrative officer of the Town. (b) The method of selection shall be left to the discretion of the Council so long as the method insures orderly, non-partisan action toward securing a competent and qualified person to fill the position. The Town Manager shall be chosen upon the basis of administrative training, experience, ability, character and other such professional qualifications as determined appropriate by Council. (c) Neither the Mayor nor any Councilmember may be appointed Town Manager or acting Town Manager while holding office or for a period of two (2) years thereafter. (d) The Town Manager shall establish residency in the Town unless excused by Council. 05-09-09, (Amended Subsection a) Ord. 2009-12, Prop #12 4.03 Compensation The Town Manager shall receive compensation as may be fixed by the Council. 4.04 Term and Removal The Town Manager shall not be appointed for a definite term but may be removed at the discretion of the Council by majority vote of the Council. Such action taken by Council shall be done in accordance with the personnel policies of the Town applicable to at-will employees. The action of the Council in suspending or removing the Town Manager shall be final. It is the intention of this Charter to vest all authority and fix all responsibilities of such suspension or removal in the Council. 4.05 Powers and Duties The Town Manager shall be the chief administrative officer and head of the administrative branch of the Town. He shall be responsible to the Council for the proper administration of all the affairs of the Town and to that end shall have the power and be required to: (a) Oversee the effective enforcement of all applicable laws and ordinances, implement the directives and policies established by Council and oversee the administration of contracts and franchises to ensure compliance with the terms approved by Council; Town Council Page 134 of 295 Meeting Date: December 8, 2015 17 (b) Appoint, suspend and/or remove all or any one of the heads of departments and all subordinate officers and employees of the Town in accordance with applicable laws and policies. The Town Manager may authorize any administrative officer subject to the Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency; (c) Direct and supervise the administration of all departments; (d) Attend all meetings of the Council, except when excused by the Council. The Town Manager shall have the right to take part in discussion but shall not vote; (e) Prepare and submit the annual budget and capital program to the Town Council, and implement the final budget approved by Council to achieve the goals of the Town; (f) On an annual basis, submit to the Town Council and make available to the public a complete report on the finances and administrative activities of the Town’s prior fiscal year; (g) Keep the Town Council fully advised as to the financial condition and future needs of the Town; (h) Make recommendations to the Council concerning affairs of the Town and facilitate the work of the Council in developing policy; (i) Provide staff support services for the Mayor and Councilmembers; (j) Assist the Council in developing goals and strategies for the next fiscal period; (k) Assist the Council to develop long term goals for the Town and develop strategies to implement those goals; (l) Encourage and provide staff support for regional and intergovernmental cooperation; (m) Promote partnerships among Council, Staff and citizens in developing public policy and building a sense of community; (n) Perform such other duties as may be prescribed by Council, by this Charter, by ordinance or other law; and, (o) Recommend to the Council rules and regulations to be adopted by ordinances to protect the safety and security of the municipal records. 05-21-13, (Amended Subsection (f)) Ord. 2013-15, Prop. # 9; 05-21-13, (Amended Subsection (o)) Ord. 2013-15, Prop #10; 05-09-09, (Amended by adding new subsections (f, g, j and k), renumbered current subsections (f, g, j and k) to (h, i, l, m, n and o)) Ord. 2009-12, Prop #19 Town Council Page 135 of 295 Meeting Date: December 8, 2015 18 4.06 Acting Town Manager (a) The Town Manager, within thirty (30) days after taking office, shall designate, by letter filed with the Town Secretary, a qualified administrative officer of the Town to perform the duties of the Town Manager in his absence or disability. Such designation shall be subject to approval of the Council. No member of the Council shall serve as Acting Town Manager. Upon resignation or termination of the Town Manager, the Acting Town Manager shall perform the duties of the Town Manager until a new Town Manager or Acting Town Manager is appointed by the Council. (b) Should the need for an Acting Town Manager occur prior to the Town Manager submitting a designee or prior to the Council's approval of the Town Manager's designee, the Council shall appoint an Acting Town Manager. (c) The Town Manager may select a different Acting Town Manager by repeating the letter of designation and obtaining the Council's approval for designation of a new Acting Town Manager. 4.07 Town Secretary The Council shall appoint a Town Secretary who shall act as the Secretary to the Council and shall hold office at the pleasure of the Council. He shall be entitled to a seat at the Council table at all official meetings. 05-09-09, (Amended Section 4.07) Ord. 2009-12, Prop #12 4.08 Duties of the Town Secretary The Town Secretary shall: (a) Record the minutes of all official meetings of the Council; provided, however, only the captions of duly enacted ordinances and resolutions shall be recorded in the minutes; (b) Hold and maintain the Town Seal and affix to all instruments requiring such seal; (c) Verify the sufficiency of any petition for recall, initiative, or referendum based upon the requirements of this Charter and all applicable laws; and, (d) Be the custodian of all municipal records of the Town; and (e) Perform such other duties as may be required by the Council, the Town Manager, this Charter or the laws of the State of Texas. 12-08-15, (Renumbered 4.08(d) and 4.08(e), Ord. 2015-43 05-21-13, (Added new Subsection (e), Ord. 2013-15, Prop #10; 4.09 Compensation The Council shall set the compensation of the Town Secretary. The authority to set compensation may be delegated at the discretion of Council. Town Council Page 136 of 295 Meeting Date: December 8, 2015 19 4.10 Municipal Court There shall be a court designated to serve the Town as the Municipal Court for the trial of misdemeanor offenses, with all such powers and duties as are now, or may hereafter be, prescribed by laws of the State of Texas relative to Municipal Courts. 05-21-13, (Amended Section 4.10) Ord. 2013-15, Prop #11 4.11 Judge of Court The Council shall by ordinance appoint one or more Judges of the Municipal Court. A Judge shall be a resident of this state, be a citizen of the United States, a licensed attorney in good standing, licensed to practice in the State of Texas and must have two (2) or more years of experience in practicing law in this state. 05-09-09-1, (Amended Section 4.11), Ord. 2009-12, Prop #12 4.12 Clerk of the Court The Council shall by ordinance provide for the appointment and oversight of a Clerk, Deputy Clerk and such other personnel that the Council determines appropriate to serve the Municipal Court of the Town. The duties and authority of all Court personnel shall be in accordance with state law and Town ordinance. 05-21-13, (Amended Section 4.12), Ord. 2013-15, Prop #12; 05-09-09, (Amended Section 4.12), Ord. 2009-12, Prop #12 4.13 Fines All costs and fines imposed by the Municipal Court shall be paid to the Town general fund for the use and benefit of the Town, unless otherwise required by State law. 4.14 Town Attorney – Appointment & Qualifications The Council shall appoint an attorney licensed and in good standing to practice in the State of Texas as the Town Attorney. He shall serve at the discretion of the Council and he shall receive for his services such compensation as may be fixed by the Council. The authority to set compensation may be delegated at the discretion of Council. 05-09-09, (Amended) Ord. 2009-12, Prop #12 4.15 Professional Services The Council may employ such professional consultants, including engineers, planners, architects or others whom it finds appropriate and in the best interest of the Town to engage. The Council may fix the compensation of such professionals and work directly with them or direct that they work with the Town Manager or his designee. The authority to set compensation may be delegated at the discretion of Council. Town Council Page 137 of 295 Meeting Date: December 8, 2015 20 4.16 Town Boards, Commissions and Corporations (a) Members of boards, commissions and corporations appointed by the Town shall serve without compensation, provided, however, that they shall be entitled to reimbursement of any necessary expenses incurred in the performance of their official duties, when approved by Council or their designee. (b) A person who holds a paid or elected position with the Town is not eligible to serve on a board, commission or corporation. (c) All boards, commissions and corporations shall maintain minutes of their meetings which shall be public records and which indicate, at a minimum, the members present, the subject of matters considered and the result of any vote taken. The minutes shall also indicate how each member voted on each matter. 4.17 Personal Financial Interest Any officer or employee who has any substantial financial interest, direct or indirect, or by reason of ownership of stock or shares of a business entity, or in any contract with the Town, or in the sale of any land, material, supplies or services to the Town or to a contractor supplying the Town shall make known that interest and shall refrain from voting upon or otherwise participating in his capacity as a Town officer or employee in the making of such sale or in the making or performing of such contract. Any Town officer or employee who knowingly or intentionally conceals such a financial interest or knowingly or intentionally violates the requirements of this section shall be guilty of malfeasance in office or position and shall forfeit his office or position. Violation of this section with the knowledge, express or implied, of the person or corporation contracting with or making a sale to the Town shall render the contract or sale voidable by the Town Manager or the Council. 4.18 Accepting Gifts, Etc. No officer or employee of the Town shall ever solicit, agree to accept or accept, directly or indirectly, any gift, favor or privilege from any public utility corporation, or other corporation, person or persons, enjoying a grant, contract, franchise, privilege or easement from or with said Town, during the term of office of such officer, or during such employment of such employee, except as may be authorized by law, resolution or ordinance. Any officer or employee of the Town who shall violate a provision of this section shall forfeit his office. In addition to the penalties imposed by State law for a violation of this section, any person convicted of a violation of this Section shall be ineligible for a period of five (5) years following such conviction to hold any Town office or position and, if an officer or employee of the Town, shall immediately forfeit his office or position. The Council may establish by ordinance such further penalties as it may deem appropriate. Town Council Page 138 of 295 Meeting Date: December 8, 2015 21 ARTICLE V NOMINATIONS AND ELECTIONS 5.01 Elections The general Town election shall be held annually on a date in accordance with the laws of the State of Texas and as established by Town ordinance, commencing in the year 2009 at which time officers will be elected to fill those offices which become vacant that year. The Council may, by ordinance, order a special election, fix the time and place for holding same and provide all means for holding such special election. The Mayor and six (6) Councilmembers shall be elected and serve in the following manner: (a) The Mayor shall have a three-year term beginning with the May 2011 election. (b) Councilmembers elected at the May 2009 election shall draw lots to determine Places 1 and 2. Places 1 and 2 shall receive a two-year term at the May 2009 election; thereafter, Places 1 and 2 shall have three year terms. (c) Councilmembers elected at the May 2008 election shall draw lots to determine Places 3, 4, and 5. At the May 2010 election, Places 3 and 4 shall receive two year terms and Place 5 shall receive a three year term; thereafter, Places 3, 4, and 5 shall have three-year terms. (d) A Councilmember elected to Place 6 at the November 2013 election for an initial term of office expiring at the May, 2016 election; thereafter Place 6 shall have three year terms. (e) The candidate for Mayor who receives a majority of all votes cast for all the candidates for such office at the election shall be declared elected. (f) The candidate for election to each Place on the Council, who receives a majority of all votes cast for all the candidates for such Place at the election, shall be declared elected. (g) In the event any candidate for an office fails to receive a majority of all votes cast for all the candidates for such office at such election, the Town Council shall, upon completion of the official canvass of the ballots, issue a call for a runoff election to be held within thirty (30) days following the issuance of such call, or in accordance with the Texas Election Code. The two (2) candidates receiving the highest number of votes (or three (3) persons in case of tie for second place) for any such office in the first election shall be placed upon the ballot to be voted on in such runoff election; and, in case of a tie vote in the runoff election or in the first election if there are only two (2) candidates, as to the two (2) candidates, the Council shall order subsequent elections in the same manner as the runoff election until the tie vote between the two (2) candidates has been resolved. (h) Except as specifically provided in this section, in the case of a tie vote as between two (2) or more candidates, a special election shall be called by the Council in accordance with the Texas Election Code. If the tie does not prevent the filling of the vacancies then the special election shall not be required. Town Council Page 139 of 295 Meeting Date: December 8, 2015 22 05-21-13, (Amended First Paragraph and Subsection (d) of 5.01) Ord. 2013-15, Prop #18; 08-24-09, (Renumbered 5.01(e) to 5.01(h)) Ord. 2009-21 05-09-09, (Amended Sub-Sections (a-e and added f and g)) Ord. 2009-12, Prop #4; 05-09-09, (Amended) Ord. 2009-12, Prop #13 5.02 Regulation of Elections All general and special elections shall be held in accordance with the laws of the State of Texas regulating the holding of municipal elections and in accordance with this Charter and ordinances or resolutions adopted by the Council for the conduct of elections. The Council shall appoint the Election Judges and other election officials and shall provide for the compensation of all election officials in the Town elections and for all other expenses in holding said elections. 5.03 Special Elections The Council may call such special elections as are authorized by the State law, this Charter or for any other reason the Council deems necessary. The Council shall fix the time and place of holding same, and provide all means for holding such special elections in accordance with State law. 5.04 Filing for Office (a) Each candidate for an elective office shall meet the qualifications set forth in Section 3.02 of this Charter. (b) Any person so qualified who desires to become a candidate for election shall file an application with the Town Secretary, in accordance with the Texas Election Code, as amended, and all other applicable laws. (c) Within five (5) days after the filing of an application, the Town Secretary shall notify the candidate whether or not the application satisfied the requirements prescribed by this Charter. If an application is found insufficient, the Town Secretary shall return it immediately to the candidate with a statement certifying wherein it is insufficient. Within the regular time for filing applications, a new application may be filed by the same candidate. The Town Secretary shall keep on file all applications found sufficient at least until the expiration of the term of which the candidates are nominated in those applications. (d) If any member of a board, commission or corporation appointed by the Council shall become a candidate for election to any public office of the Town, he shall immediately upon his being elected, forfeit his place as a member of such board, commission or corporation. (e) If any employee of the Town becomes a candidate for election to any public office of the Town they shall, immediately upon becoming a candidate, forfeit the employment held with the Town. (f) If any sitting Council member files to become a candidate for another public office, he shall resign his current seat upon filing for the new office. 05-09-09, (Amended by adding Subsection (f)) Ord. 2009-12, Prop #5 Town Council Page 140 of 295 Meeting Date: December 8, 2015 23 5.05 The Official Ballot (a) Candidates Names on Ballots: The names of all candidates who have filed for office shall be printed on the official ballots without party designation. The order on the ballot of the names of the candidates for each office or position shall be determined by lot in a drawing to be held under the supervision of the Town Secretary, or as otherwise required by State law. (b) Early voting shall be governed by the Texas Election Code. 5.06 Canvassing and Election Results Returns of every municipal election shall be delivered forthwith by the Election Judges to the Town Secretary with a copy of the returns sent to the Mayor. The Council shall canvass the returns, investigate the qualifications of the candidates and declare the official results of the election in accordance with the Texas Election Code, including without limitation, any provision that alters the requirements of this Charter. The results of every municipal election shall be recorded in the minutes of the Council. The qualified person receiving a majority of the votes cast for any office shall thereupon be declared elected by said Council. The decision of the Council, as to qualifications of candidates, shall be conclusive and final for all purposes. 05-21-13, (Amended Section 5.06) Ord. 2013-15, Prop #13; 05-09-09, (Amended) Ord. 2009-12, Prop #4 5.07 Notification of Town Officers The Town Secretary, with the concurrence of the Council, shall promptly notify all persons elected to office. A candidate who is elected in a regular or special Town election shall, after taking the oath of office as prescribed herein, take office, and enter upon his duties at the next Council meeting at which he is legally eligible to participate. 5.08 Oath of Office Every officer of the Town, whether elected or appointed, shall take the oath of office as prescribed by the Texas Constitution or other applicable law prior to assuming office. Town Council Page 141 of 295 Meeting Date: December 8, 2015 24 ARTICLE VI RECALL 6.01 Scope of Recall 05-21-13, (Repealed Section 6.01, Scope of Recall) Ord. 2013-15, Prop. #14; 05-09-09, (Amended), Ord. 2009-12, Prop #4 6.01A Scope of Recall Any elected Town official shall be subject to recall and removal from office by the qualified voters of the Town on any one or more of the following grounds: incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any express prohibition of the Charter. In this section: (a) “Incompetency” means (a) gross ignorance of official duties; or (b) gross carelessness in the discharge of official duties; or (c) inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of the officer’s election. The term is used in a sense that the Town official has exceeded his or her authority by defying or overruling lawful actions done by the Town Council. (b) “Official misconduct” means intentional unlawful behavior relating to official duties by a Town Official entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town Official to perform a duty imposed on the officer by law. (c) “Malfeasance” means the doing of an act by a Town Official through ignorance, inattention, or malice, which act the official had no legal right or authority to do, or which act exceeds or abuses the official’s rightful authority or powers; or the failure to do an act which the Town Official had a legal duty to do. 05-21-13, (Amended First Paragraph of Section 6.01A, Scope of Recall) Ord. 2013-15, Prop #14; 08-24-09, (Renumbered (a), (b), and (c)) Ord. 2009-21; 05-09-09, (Amended) Ord. 2009-12, Prop #14 6.02 Petition for Recall Before the question of recall of such officer shall be submitted to the qualified voters of the Town, a petition demanding such question to be so submitted shall first be filed with the person performing the duties of the Town Secretary, which petition shall be signed by a number equal to at least twenty percent (20%) of those who were qualified voters on the date of the last regular municipal election as determined from the list of qualified voters maintained by the County Election Administrator. All signatures must be in compliance with the requirements set out in the Texas Election Code. 05-09-09, (Amended Section 6.02) Ord. 2009-12, Prop #13 Town Council Page 142 of 295 Meeting Date: December 8, 2015 25 6.03 Form of Recall and Oath The recall petition must be addressed to the Council, must distinctly and specifically point out the ground or grounds upon which such petition for removal is predicated and, if there be more than one (1) ground, such as for incompetency, misconduct, or malfeasance in office shall specifically state each ground with such certainty as to give the Officer sought to be removed notice of the matters and things with which he is charged on each ground. The signature shall be verified by oath in the following form: STATE OF TEXAS § COUNTY OF ____________§ I, _____________________, being first duly sworn, on oath depose and say that I am one of the signers of the above petition and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is the genuine signature of the person whose name it purports to be. ____________________________________ Subscribed and sworn to before me this ________ day of ________________, -__. ____________________________________ Notary Public, __________County, Texas 05-09-09, (Amended Section 6.03) Ord. 2009-12, Prop #14 6.04 Procedure After Filing Petition for Recall (a) Upon the filing of a petition, the Town Secretary shall review the petition to determine the existence of the requisite number of signatures of qualified voters and whether the form of the petition complies with the provisions of this Charter. The Town Attorney shall review the petition for legal sufficiency. (b) Within ten (10) business days after the petition is filed, the Town Secretary shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the person(s) who filed the petition by registered mail. (c) A petition certified insufficient for lack of the required number of valid signatures or due to inadequate form or content may be amended once if each of the following requirements are met: (1) the person(s) who filed the petition with the Town Secretary files a notice of intention to amend it with the Town Secretary within five (5) business days after receiving the copy of this certificate via registered mail; and, (2) such person(s) also file a supplementary petition upon additional papers within ten (10) business days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of section 6.02. Within five (5) business days after the supplementary petition is filed, the Town Secretary shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate Town Council Page 143 of 295 Meeting Date: December 8, 2015 26 to the person(s) who filed the petition for recall via registered mail as in the case of an original petition. (d) If a petition or amended petition is certified sufficient and in compliance with the terms of this Article of the Charter, the Town Secretary shall present this certificate to the Council at its next regular Council meeting or special meeting called for this purpose and immediately shall notify the Councilmember whose removal is sought and provide him with a copy of his petition by registered or certified mail. (e) No signature to a recall petition shall remain effective or be counted if it was placed upon the petition more than forty-five (45) days prior to filing of the recall petition with the Town Secretary. (f) If the Councilmember whose removal is sought does not resign within seven (7) days after the certified petition is presented to the Council, the Council, at its next regular meeting or at a specially called meeting, shall order a recall election. The date selected for the recall election shall be the earliest available date in accordance with the Texas Election Code for which all legal requirements to verify the petition and call the election may be met. 05-09-09, (Amended deleted Subsection g, and amended Subsection f) Ord. 2009-12, Prop #4, #13 6.05 Public Notice The Council shall make or cause to be made publication or notice and provide for holding such election for the successor Councilmember, and the same shall be conducted, and the result thereof declared in all respects as other Town elections. 6.06 Official Ballot Any Officer so elected shall hold office only during the unexpired term of his predecessor. Any person sought to be removed may be a candidate to succeed himself and, unless he requests otherwise in writing, the Town Secretary shall place his name on the official ballot without nomination. The names of other candidates for such position shall be placed on the official ballot in the same manner as provided in Article V of this Charter. At such election, the candidate receiving a majority of all votes cast for such office, according to the rules regulating the election of Councilmembers as set forth in this Charter, shall be declared elected. At such election, if some person other than the incumbent receives a majority of all votes cast for such office, the incumbent shall thereupon be deemed removed from the office upon the qualification of his successor. In case the party who receives a majority of all votes cast at said election should fail to qualify within the (10) days after receiving notification of his election, the office shall then become vacant. If the incumbent receives a majority of all votes cast at such election, he shall continue in office and shall not be subject to any other recall for any grounds existing prior to said election. In the event that a runoff election is required, the procedure set forth shall be followed. 05-09-09, (Amended Section 6.06) Ord. 2009-12, Prop #4 Town Council Page 144 of 295 Meeting Date: December 8, 2015 27 6.07 Recall Petition Prohibited No recall petition shall be filed against any Officer of the Town within six (6) months after his election, nor within six (6) months after an election for such Officer's recall. 6.08 Refusal of Recall Petition In case all of the requirements of this Charter shall have been met and the Council shall fail or refuse to receive the recall petition, or order such recall election, or discharge any other duties imposed upon said Council by the provisions of this Charter with reference to such recall, then the County Judge of Denton County, Texas, shall discharge any of such duties herein provided to be discharged by the person performing the duties of Town Secretary, or by the Council. Town Council Page 145 of 295 Meeting Date: December 8, 2015 28 ARTICLE VII LEGISLATION BY THE PEOPLE, INITIATIVE AND REFERENDUM 7.01 Initiative Generally The people of the Town reserve the power of direct legislation by initiative, and in the exercise of such power, may propose any ordinance not in conflict with this Charter, the State Constitution or the State laws, except an ordinance appropriating money or authorizing the levy of taxes or an ordinance repealing an ordinance appropriating money or levying taxes. 7.02 Petition Qualified voters of the Town may initiate legislation by submitting a petition addressed to the Council which requests the submission of a proposed ordinance or resolution to a vote of the qualified voters of the Town. Said petition must be signed by qualified voters of the Town equal in number to twenty (20) percent of the number of qualified voters at the last regular municipal election of the Town, and each copy of the petition shall have attached to it a copy of the proposed legislation. The petition shall be signed in the same manner as recall petitions are signed, as provided in Section 6.02 of this Charter, and shall be verified by oath in the manner and form provided for recall petitions in Section 6.03 of this Charter. The petition may consist of one or more copies as permitted for recall petitions in Section 6.04 of this Charter. Such petitions shall be filed with the person performing the duties of Town Secretary, who after verification of the petition as provided in Section 6.04 of this Charter, shall present the petition and proposed ordinance or resolution to the Council at its next regular or special meeting called for this purpose. Upon presentation to the Council of the petition and draft of the proposal, ordinance or resolution, it shall become the duty of the Council, within the twenty (20) days from the date of presentation to determine whether the proposed ordinance complies with Section 7.01 and to either vote to adopt such ordinance or resolution without alteration as to meaning or effect or to call a special election. A special election shall be held on the earliest available date in accordance with the Texas Election Code for which all legal requirements to verify the petition and call the election may be met. At the election, the qualified voters of the Town shall be allowed the opportunity to vote on the question of adopting or rejecting the proposed legislation. However, if any other municipal election is to be held within sixty (60) days after the filing of the petition, the question may be voted on at such election. 05-09-09, (Amended Section 7.02) Ord. 2009-12, Prop #13 7.03 Referendum Qualified voters of the Town may require that any ordinance or resolution passed by the Council be submitted to the voters of the Town for approval or disapproval by submitting a petition for this purpose within forty-five (45) days after the ordinance or resolution becomes effective. Said petition shall be addressed, prepared, signed and verified as required for petitions initiating legislation as provided in Section 7.02 of this Charter and shall be submitted to the person performing the duties of Town Secretary. The Town Secretary shall present the petition to the Council at its next regular or special meeting called for this purpose. Upon presentation of the petition to the Council, it shall become the duty of the Council, within twenty (20) days from the date of presentation to reconsider such ordinance or resolution. If Council does not repeal the ordinance or resolution either in its entirety or as specified in the petition, Council shall call a special election. Pending the holding of such election, such ordinance or resolution shall be suspended and shall not later take effect unless a majority of the qualified voters voting thereon Town Council Page 146 of 295 Meeting Date: December 8, 2015 29 at such election shall vote in favor thereon. A special election shall be held on the earliest available date in accordance with the Texas Election Code for which all legal requirements to verify the petition and call the election may be met. At the election, the qualified voters of the Town shall be allowed the opportunity to vote on the question of approving or disapproving the ordinance or resolution. However, if any other municipal election is to be held within sixty (60) days after the filing of the petition, the question may be voted on at such election. 05-09-09, (Amended Section 7.02) Ord. 2009-12, Prop #13 7.04 Voluntary Submission of Legislation by the Council The Council, upon its own motion and by a majority vote of its members, may submit to popular vote at any election for adoption or rejection any proposed ordinance or resolution or measure, or may submit for repeal any existing ordinance, resolution or measure, in the same manner and with the same force and effect as provided in this Article for submission on petition, and may in its discretion call a special election for this purpose. 7.05 Form of Ballots The ballots used when voting upon such proposed and referred ordinances, resolutions or measures, shall set forth their nature sufficiently to identify them and shall also set forth upon separate lines the words: "FOR the ORDINANCE," and "AGAINST the ORDINANCE," or "FOR the RESOLUTION," and "AGAINST the RESOLUTION". 7.06 Publication of Proposed and Referred Ordinances The person performing the duties of Town Secretary shall publish the proposed or referred ordinance or resolution in accordance with State law, and shall give such other notices and do such other things relative to such election as are required in general municipal elections or by the ordinance or resolution calling said election. 7.07 Adoption of Ordinances If a majority of the qualified voters voting on any proposed ordinance or resolution or measure shall vote in favor thereof, it shall thereupon, or at any time fixed therein, become effective as a law or as a mandatory order of the Council. 7.08 Inconsistent Ordinances If the provisions of two or more proposed ordinances or resolutions approved at the same election are inconsistent, the ordinance or resolution receiving the highest number of votes shall prevail. 7.09 Ordinances Passed by Popular Vote: Repeal or Amendment No ordinance or resolution which may have been passed by the Council upon a petition or adopted by popular vote under the provisions of this Article shall be repealed or amended except by the Council in response to a referendum petition or by submission as provided in Section 7.04 of this Charter. Town Council Page 147 of 295 Meeting Date: December 8, 2015 30 7.10 Further Regulations by Council The Council may pass ordinances or resolutions providing other and further regulations for carrying out the provisions of this Article not inconsistent herewith. Town Council Page 148 of 295 Meeting Date: December 8, 2015 31 ARTICLE VIII MUNICIPAL PLANNING AND ZONING 8.01 State Law Adopted – Zoning The Council shall have the power and authority to zone the Town and to pass all necessary ordinances, rules and regulations governing same, under and by virtue of the authority given to cities and the legislative bodies thereof by the Texas Local Government Code, together with all amendments which may hereafter be made thereto, and all other applicable law. 8.02 State Law Adopted – Subdivision Regulation The Council shall have the power and authority to regulate the layout, development and platting of the subdivisions of land within the Town and its extraterritorial jurisdiction and to pass all necessary ordinances, rules and regulations governing same, under and by virtue of the authority given to cities and the legislative bodies thereof by the Texas Local Government Code, together with all amendments which may hereafter be made thereto, and all other applicable law. 8.03 The Planning and Zoning Commission There shall be established a Planning and Zoning Commission which shall consist of seven (7) citizens from the Town. The members of said Commission shall be appointed by the Council for a term of two (2) years. Four (4) members of the Planning and Zoning Commission shall be so appointed each odd-numbered year and three (3) members shall be so appointed each even- numbered year. The Council shall appoint a chairman from among the Commission’s membership. Vacancies and unexpired terms shall be filled by the Council for the remainder of the term. A majority of the members shall constitute a quorum. A member of the Commission may be removed by a majority vote of the Council. If a vacancy occurs upon the Planning and Zoning Commission, by either resignation or otherwise, the Council shall appoint a commissioner to fill such a vacancy for the unexpired term. The Commission shall keep minutes of its proceedings which shall be a public record. No member of the Planning and Zoning Commission shall hold another salaried or elected Town office. 8.04 Purpose, Objective, Power and Duties The Planning and Zoning Commission is created to act as an advisory board to the Council in matters relating to the physical development of the Town. The Commission is expected to advise the Council on matters relating to the zoning and planning of land and related public improvements, civic improvements, opening, widening, and changing of streets, routing of public utilities, development of regulatory ordinances, annexation proposals/plans and such other matters related to Town improvements as the Commission and Council may deem beneficial to the Town. In addition to the other duties and authority that the Commission may have under state law or under Town ordinance, the specifically delegated duties of the Commission shall be as follows: (a) Recommend a comprehensive master plan for the physical development of the Town together with its related components; Town Council Page 149 of 295 Meeting Date: December 8, 2015 32 (b) Conduct periodic reviews of the Town’s comprehensive master plan and its component elements to recommend modifications, changes, revisions or updates to ensure that the comprehensive master plan adequately and accurately reflects the policy, goals and objectives of the Town; (c) Hold required public hearings on any proposed changes to the zoning plan, map, and ordinances of the Town for the purpose of making recommendations to the Council on the reasonableness of these proposals; (d) Recommend any change to the zoning plan, map or ordinances of the Town where the Commission deems it necessary in the furtherance of the Town’s comprehensive master plan; (e) Conduct appropriate hearings on any proposals for the subdivision/platting of land within the corporate limits of the Town and its extraterritorial jurisdiction pursuant to the provisions of State law and requirements of the Town’s subdivision regulation ordinances. The Commission shall take action on those proposals as it deems appropriate and conforming to the requirements of the Town’s comprehensive master plan. The Commission shall ensure that proposals for subdivision or development of land are consistent with the Town’s plan components as an element of the review process. As an element of this Charter, the Town has determined that it is a reasonable legislative enactment to require subdivision plats to conform to the Town’s comprehensive master plan and failure to achieve conformance shall be a legitimate ground for the denial of a development proposal; and, (f) The Commission shall hold such hearings and meetings as are mandated by the Council on any matter determined appropriate by Council to secure information for the purpose of making recommendations to the Council. 8.05 Board of Adjustment The Council shall appoint a Board of Adjustment which shall have all of the powers and authority as set forth by State law, as amended, and other applicable laws, and such additional powers and privileges as may be duly assigned to it by the ordinances of the Town. 8.06 Comprehensive Master Plan No later than two (2) years after the adoption of this Charter, the Council shall adopt a comprehensive master plan projecting for at least five (5) years the growth and physical development of the Town pursuant to the provisions of State law. The Council shall establish and adopt by ordinance a procedure for periodic review and/or revision of the comprehensive master plan. The Town may adopt the comprehensive master plan by resolution or by ordinance following a public hearing upon which public input is received. The purpose of the comprehensive master plan is to guide the growth and development of the Town and to establish the standards that the Town will seek to attain through the adoption of its development regulations to include its zoning regulations, subdivision regulations, building and construction regulations, landscaping regulations, signage regulations and other related police power enactments. The comprehensive master plan shall identify the goals and objectives of the community for growth and development and shall serve as the basis of the Town’s capital improvement program for the development and construction of public works infrastructure. Town Council Page 150 of 295 Meeting Date: December 8, 2015 33 ARTICLE IX BUDGET, FINANCE AND TAXATION 9.01 Fiscal Year The fiscal year of the Town shall begin on the first (1st) day of October and end on the last (30th) day of September of each calendar year. Such fiscal year shall also constitute the budget and accounting year. 9.02 Submission The Town Manager shall submit to the Council a proposed budget and accompanying message each year in accordance with the requirements of State law. 11-13-15, (Amended Section 9.02) Ord. 2015-41, Prop #3 05-09-09, (Amended - added a new Section 9.02, renumbered 9.02 to 9.04) Ord. 2009-12, Prop #19 9.03 Budget Message The Town Manager's message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the Town for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the Town's debt position, including factors affecting the ability to raise resources through debt issues, and include such other material as the Town Manager deems desirable. 05-09-09, (Repealed Section 9.03 and adopted a new Section 9.03) Ord. 2009-12, Prop #19 9.04 Budget The budget shall provide a complete financial plan of all Town funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the Town Manager deems desirable or the Council may require for effective management and an understanding of the relationship between the budget and the Town's strategic goals. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income citing the source or basis of the estimates, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the three prior fiscal years and the projected budgets for the next three fiscal years; the total of the proposed expenditures shall not exceed the total estimated income and the balance of available funds. The budget shall indicate in separate sections: (a) The proposed goals and expenditures for current operations during the ensuing fiscal year, detailed for each fund by department or by other organization unit, and program, purpose or activity, method of financing such expenditures, and methods to measure outcomes and performance related to the goals; Town Council Page 151 of 295 Meeting Date: December 8, 2015 34 (b) Proposed longer term goals and capital expenditures during the ensuing fiscal year, detailed for each fund by department or by other organization unit when practicable, the proposed method of financing each such capital expenditure, and methods to measure outcomes and performance related to the goals; and (c) The proposed goals, anticipated income and expense, profit and loss for the ensuing year for each utility or other enterprise fund or internal service fund operated by the Town, and methods to measure outcomes and performance related to the goals. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance exclusive of reserves. 12-08-15, (Changed Outline from 1-3 to (a) – (c)) Ord. 2015-43 05-09-09, (Repealed Section 9.04 and adopted a new Section 9.04) Ord. 2009-12, Prop #19 9.05 Council Action on Budget (a) Budget Preparation. The Council shall provide to the Town Manager goals for the next fiscal period, by the end of January of the current fiscal year. (b) Notice and Hearing. The Council shall review the proposed budget and revise it as deemed appropriate prior to general circulation for public hearing. The Council shall publish the general summary of the budget and a notice stating: (1) The times and places where copies of the message and budget are available for inspection by the public, and (2) The time and place, not less than two weeks after such publication, for public hearings on the budget. (c) Amendment Before Adoption. After the public hearing, the Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for an estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than total estimated income plus the balance of available funds. (d) Adoption. The Council shall adopt the budget by ordinance not later than the 30th day of September. Adoption of the budget shall constitute appropriations of the amount specified as expenditures from the fund indicated. (e) Failure to Adopt a Budget. If the Council fails to adopt the budget by the beginning of the fiscal year, the amounts appropriated for the current fiscal year shall be deemed adopted for the ensuing fiscal year until the Council adopts a budget for the ensuing fiscal year. (f) "Publish" defined. As used in this article, the term "publish" means to print in the contemporary means of information sharing, which includes but is not limited to, one or more newspapers of general circulation in the Town, and, if available, in a web site. 05-09-09, (Repealed Section 9.05 and adopted a new Section 9.05) Ord. 2009-12, Prop #19 Town Council Page 152 of 295 Meeting Date: December 8, 2015 35 9.06 Amendment after Adoption (a) Supplemental Appropriations. If during or before the fiscal year the Town Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council by ordinance may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To address a public emergency affecting life, health, property or the public peace, the Council may make emergency appropriations. Such appropriations may be made by emergency ordinance. To the extent that there are no available unappropriated revenues or a sufficient fund balance to meet such appropriations, the Council may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid or refinanced as long term debt not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. (c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the Town Manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the Town Manager shall report to the Council without delay, indicating the estimated amount of the deficit, any remedial action taken by the Town Manager and recommendations as to any other steps to be taken. The Council shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may by ordinance reduce or eliminate one or more appropriations. (d) Transfer of Appropriations. At any time during or before the fiscal year, the Council may by resolution transfer part or all of the unencumbered appropriation balance from one department, fund, service, strategy or organizational unit to the appropriation for other departments or organizational units or a new appropriation. The Town Manager may transfer funds among programs within a department, fund, service, strategy or organizational unit and shall report such transfers to the Council in writing in a timely manner. (e) Limitation. No appropriation for debt service may be reduced or transferred, except to the extent that the debt is refinanced and less debt service is required, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. (f) Effective Date. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. 05-09-09, (Repealed Section 9.06 and adopted a new Section 9.06) Ord. 2009-12, Prop #19 9.07 Administration and Fiduciary Oversight of the Budget The Council shall provide by ordinance the procedures for administration and fiduciary oversight of the budget. 05-09-09, (Repealed Section 9.07 and adopted a new Section 9.07) Ord. 2009-12, Prop #19 Town Council Page 153 of 295 Meeting Date: December 8, 2015 36 9.08 Capital Program (a) Submission to Council. The Town Manager shall prepare and submit to the Council a five (5) year capital program before the first day of August of each year. The capital program shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. (b) Contents. The capital program shall include: (1) A clear general summary of its contents; (2) Identification of the long-term goals of the community as identified by the Council; (3) A list of all capital improvements (facilities and property) and other capital expenditures which are proposed to be undertaken during the five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for each; (4) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (5) Method of financing upon which each capital expenditure is to be reliant; (6) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired; (7) A commentary on how the plan addresses the sustainability of the community and the region of which it is a part; and (8) Methods to measure outcomes and performance of the capital plan related to the long- term goals of the community. 05-21-13, (Amended Subsection (a) of 9.08) Ord. 2013-15, Prop #15; 05-09-09, (Amended - added new Section 9.08 and renumbered 9.08 to 9.10) Ord. 2009-12, Prop #19 9.09 Audit and Examination of Town Books and Accounts The Council shall cause an independent annual audit to be made of the books and accounts of every department of the Town and may provide for more frequent audits as it deems necessary. Such audit shall be made by a Certified Public Accountant who shall be selected by the Council and who shall have no interest, direct or indirect, in the financial affairs of the Town government or in any of its officers. The Council may designate such accountant or firm annually or for a period not exceeding two (2) years, provided that the designation for any particular year shall be made no later than thirty (30) days after the beginning of such fiscal year. Nothing herein shall prevent the Council from redesignating the same accountant or firm which has previously been designated to prepare an audit. No Certified Public Accountant shall serve more than six (6) consecutive years. 05-09-09, (Amended Article IX by repealing 9.09, renumbered Article III, Section 3.20 to 9.09), Ord. 2009-12, Prop #19 9.10 Defect Shall Not Invalidate Tax Levy Errors or defects in the form or preparation of the budget or the failure to perform any procedural requirements shall not nullify the tax levy or the tax rate. 05-09-09, (Amended by renumbering old Section 9.08 to 9.10) Ord. 2009-12, Prop #19 Town Council Page 154 of 295 Meeting Date: December 8, 2015 37 9.11 Public Records Copies of the approved operation budget, capital facilities and property budget and supporting papers shall be filed with the Town Secretary and shall be public records available to the public for inspection upon request. 05-09-09, (Amended by renumbering old Section 9.10 to 9.11) Ord. 2009-12, Prop #19 9.12 Specified Reserve Fund Specified reserve funds may be created for specific purposes, and may be used only for such purposes. 05-09-09, (Amended by renumbering old Section 9.14 to 9.12) Ord. 2009-12, Prop #19 9.13 Changes in Budget The Council may make changes in the budget for any municipal purpose or as otherwise permitted by law. 05-09-09, (Amended by renumbering old Section 9.12 to 9.13) Ord. 2009-12, Prop #19 9.14 Authority to Incur Indebtedness The Council shall have the power to incur, create, refund and refinance indebtedness and borrow money for public purposes, to issue special or general obligation bonds, revenue bonds, funding and refunding bonds, time warrants, certificates of obligation and other evidences of indebtedness and to secure and pay the same in the manner and in accordance with the procedures provided and required by State law. 05-09-09, (Amended by renumbering old Section 9.18 to 9.14) Ord. 2009-12, Prop #19 9.15 Bonds Incontestable All bonds of the Town having been issued and sold and having been delivered to the purchaser thereof, shall thereafter be incontestable and all bonds issued to refund in exchange for outstanding bonds previously issued shall and after said exchange be incontestable. 05-09-09, (Amended by renumbering old Section 9.19 to 9.15) Ord. 2009-12, Prop #19 9.16 Borrowing in Anticipation of Property Tax In any budget year, the Council may, by resolution, authorize the borrowing of money in anticipation of the collection of the property tax for the same year whether levied or to be levied. Notes may be issued for periods not exceeding one (1) year and must be retired by the end of the budget year in which issued. 05-09-09, (Amended by renumbering old Section 9.20 to 9.16) Ord. 2009-12, Prop #19 Town Council Page 155 of 295 Meeting Date: December 8, 2015 38 9.17 Use of Bond Funds Any and all bond funds approved by a vote of the qualified voter of the Town will be expended only for the purposes stated in the bond issue and as otherwise authorized by law. 05-09-09, (Amended by renumbering old Section 9.21 to 9.16) Ord. 2009-12, Prop #19 9.18 Power to Tax The Council shall have the power to levy, assess and collect taxes within the jurisdiction of the Town for any municipal purpose. 05-09-09, (Amended by renumbering old Section 9.22 to 9.18) Ord. 2009-12, Prop #19 9.19 Tax Rate The tax rate shall be calculated, publicized and adopted in accordance with State law. 05-09-09, (Amended by renumbering old Section 9.23 to 9.19) Ord. 2009-12, Prop #19 9.20 Other Rules and Regulations Except as otherwise provided by law or this Charter, the Council shall have the power to provide by ordinance or resolution such rules, regulations and mode of procedure to enforce and facilitate the collection by and payment to the Tax Assessor and Collector of all taxes due the Town as it may deem expedient, and may provide such penalty and interest as prescribed by State law for the failure to pay such taxes. 05-09-09, (Amended by renumbering old Section 9.24 to 9.20) Ord. 2009-12, Prop #19 Town Council Page 156 of 295 Meeting Date: December 8, 2015 39 ARTICLE X FRANCHISES AND PUBLIC UTILITIES 10.01 Inalienability of Control of Public Property The right of control and use of the public streets, highways, sidewalks, bridges, alleys, parks, public squares, and all public places and real property of the Town is hereby declared to be inalienable by the Town, except by ordinances not in conflict with the provisions of this Charter. No act or omission by the Council, an Officer or Agent of the Town, or any third party shall be construed to grant, renew, extend, or amend, expressly or by estoppel or implication, any right, franchise, or easement affecting such public streets, highways, sidewalks, bridges, alleys, parks, public squares, and all public places and real property of the Town, except as provided in this Charter. 10.02 Powers of the Town The Town shall have the power, right and authority, to buy, construct, lease, maintain, operate and regulate public utilities, and to manufacture, distribute and sell the output of such utilities' operations. Additionally, the Town shall have all further rights, authorities, and powers as may now, or hereafter, be granted under the Constitution and laws of the State of Texas. 10.03 Powers to Grant Franchise The Council shall have the power by ordinance, after public hearing, to grant, renew, and extend all franchises of every character operating within the Town and to amend the same, provided, however, that no franchise shall be granted for an indeterminate term. No grant or franchise to construct, maintain, or operate and no renewal or extension of such grant shall be exclusive. All required publication costs shall be paid by the franchisee. 05-09-09, (Amended) Ord. 2009-12, Prop #24 10.04 Franchise Value Not to be Allowed In fixing reasonable rates and charges for utility service within the Town and in determining the just compensation to be paid by the Town for the public utility property which the Town may acquire by condemnation or otherwise, nothing shall be included as the value of any franchise granted by the Town under this Charter. 10.05 Right of Regulation All grants, removals, extensions, or amendments of public utility franchises approved after the effective date of this Charter, whether or not it be specifically provided in the ordinance approving a franchise or in a franchise agreement, shall be subject to right and power of the Council: (a) To repeal the franchise ordinance at any time upon the failure of the grantee to comply with any provision of the franchise ordinance, the Charter of the Town, an applicable statute of the State of Texas, or the rules of any applicable governing body; (b) To require proper and adequate extension of plant and service, and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency; Town Council Page 157 of 295 Meeting Date: December 8, 2015 40 (c) To establish reasonable standards of service and quality of products and prevent unjust discrimination in service or rates; (d) At any time, to examine and audit the accounts and other records of any such utility, and to require annual, and other reports, including reports on operations within the Town; (e) To require at any time compensation and rental for use of public streets, sidewalks, highways, bridges, alleys, and public places; (f) To require the franchisee to restore at the franchisee's expense, all public or private property to a condition equally as good as or better than before disturbed by construction, repair or removal. The franchise holder in opening and refilling of all earth openings shall repair the pavement and do all other work necessary to complete restoration of streets, sidewalks or grounds to a condition equally as good or better as when disturbed; (g) To require every franchisee to furnish within a reasonable time to the Town, without cost to the Town, a general map, with updates outlining the location, character, size, length, and terminals of all facilities of such franchisee in, over, and under ground of property in the Town and to provide detailed information on request in a format as specified by the Town; (h) To impose other regulations, requirements, and conditions as may be deemed necessary to promote the health, safety, welfare, or accommodation of the public and to insure safe, efficient and continuous service to the public; (i) To require such compensation and rental as may be permitted by the laws of the State of Texas; and, (j) To require the franchisee to remove, at its sole expense, infrastructure that has not been used for a period of six months or to require a franchisee whose franchise has terminated for any reason to remove, at its sole expense, such infrastructure as the Council may in its discretion require. 10.06 Consent of Property Owner The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but, nothing in this Charter, or in any franchise granted hereunder, shall ever be construed to deprive any such property owner of any right of action for damage or injury to this property as now or hereafter provided by law. 10.07 Extensions All extensions of public utilities within the town limits shall become a part of the aggregate property of the public utility, shall be operated as such, and shall be subject to all the obligations and reserved rights contained in this Charter and in any franchise grant made to such public utility. The right to use and maintain any extensions shall terminate with the termination of the original franchise grant, and shall be terminable as provided in Section 10.04 of this Charter. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. Town Council Page 158 of 295 Meeting Date: December 8, 2015 41 10.08 Other Conditions All franchises heretofore granted are recognized as contracts between the Town and the franchisee, and the contractual rights, as contained in any such franchise shall not be impaired by the provisions of this Charter, except that the power of the Town to exercise the right of eminent domain in the acquisition of utility property is in all things reserved, and except the general power of the Town, to regulate the rates and services of a grantee, which shall include the right to require proper and adequate extension of plant and service and the maintenance of the franchise hereafter granted shall be held subject to all the terms and conditions contained in the various sections of this article whether or not such terms are specifically mentioned in the franchise. Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of the Council, or voters of the Town, in imposing terms and conditions as may be reasonable in connection with any franchise granted. 10.09 Accounts of Municipally Owned Utilities Accounts shall be kept for each public utility owned or operated by the Town, in such manner as to show the true and complete financial results of such ownership and operation, including all assets and all liabilities, appropriately subdivided by classes, depreciation reserve, other reserves and surplus; also revenues, operating expenses including depreciation interest payments, rental and other disposition of annual income. The accounts shall show actual capital cost to the Town of each public utility owned, also the cost of all extensions, additions and improvements and the source of funds expended for such capital purposes. They shall show as nearly as possible the cost of any service to or rendered by any such utility to any Town department. The Council shall cause an annual report to be made by a Certified Public Accountant and shall publish such report, showing the financial results of such Town ownership and operation, giving the information specified in this section and such other data as the Council shall deem expedient. 10.10 Sales of Electricity, Water and Sewer Service (a) The Council shall have the right, power and authority to sell and distribute electricity and water, and to sell and provide for sewer services, and any other utilities, to any person, firm or corporation inside or outside the limits of the Town, and to permit them to connect with said system under contract with the Town, under such terms and conditions as may appear to be for the best interest of the Town. (b) The Council shall have the right, power and authority to prescribe the kind of materials used inside or outside the limits of the Town in the construction of electric, water and sewer utilities, where it furnishes the service, and to inspect the same and require them to keep in good order and condition at all times and to make such rules and regulations as shall be necessary and proper, and prescribe penalties for noncompliance with same. 10.11 Regulation of Rates and Service The Council shall have the absolute right, authority and power after due notice and hearing, to regulate by ordinance, the rates and services of every franchise operating in the Town; and shall have the power to employ, at the expense of the franchisee, expert assistance and advice in determining a reasonable rate and equitable profit to the franchisee. The Council shall also have the right, authority, and power to require at any time or times, detailed reports and financial Town Council Page 159 of 295 Meeting Date: December 8, 2015 42 statements on the operations of any franchise, which reports and statements shall be in such form, and contain such information, as the Council shall prescribe. Town Council Page 160 of 295 Meeting Date: December 8, 2015 43 ARTICLE XI GENERAL PROVISIONS 11.01 Charter Authority This Charter shall not be construed as a mere grant of enumerated powers, but shall be construed as a general grant of power, and not as a limitation of power on the government of the Town. Except where expressly prohibited by this Charter, each and every power under the Constitution of Texas, which it would be competent for the people of the Town to grant expressly to the Town, shall be construed to be granted to the Town by this Charter. 11.02 Public Records Access to the records of every office, department or agency of the Town shall be subject to public inspection as provided by law. This section shall not be construed to require any action or measure beyond that required by state law. 11.03 Property Not Subject to Execution No property owned or held by the Town shall be subject to any execution of any kind or nature. No lien of any kind or character can be created, and none shall ever exist or be established, on or against the public buildings, property, public halls, parks, or public works or any other asset of the Town. 11.04 Town Not Required to give Security or Execute Bond It shall not be necessary in any action, suit or proceeding in which the Town is a party, for any bond, undertaking, or security to be demanded or executed by or on behalf of the Town in any of the State courts, but in all such actions, suits, appeals or proceedings, same shall be conducted in the same manner as if such bond, undertaking or security had been given as required by law. 11.05 Notice of Injury or Damage (a) Before the Town shall be liable for any claim for damages for the death or personal injuries of any person or for damages to property, the complainant or his authorized representative shall notify the Town Secretary in accordance with this Section. The notification shall be in writing and shall state specifically how, when and where the death, injury or damage occurred; the amount of loss claimed; and the identity of any witnesses upon whom it is relied to establish the claim. The notification shall be filed within sixty (60) days of the date of injury or damage or in the case of death, within sixty (60) days of the date of death. (b) No provision of this section shall ever be so construed as to expand the ordinary liability of the Town; and provided, that nothing herein contained shall be construed to mean that the Town, waives any rights, privileges, defenses or immunities in tort actions which are provided under the common law, the Constitution, and general laws of the State of Texas. Town Council Page 161 of 295 Meeting Date: December 8, 2015 44 11.06 Powers to Remit Penalties The governing body shall have the right to remit, in whole or in part, any civil fine or penalty belonging to the Town, which may be imposed under any ordinance passed pursuant to this Charter. 11.07 Property Not Exempt from Special Assessments No property of any kind regardless of the ownership of the property, (except property of the Town), shall be exempt in any way from any of the special taxes, charges, levies and assessments, authorized or permitted by this Charter, for local improvement, for the public welfare except where such exemption is required by law or where Council has the discretion to authorize such exemption and a majority of Council votes to approve such exemption. 11.08 Town Depository The provisions of the State laws governing the selection and designation of a Town depository are hereby adopted as the law governing the selection and designation of a depository of and for the Town. 11.09 Judicial Notice This Charter shall be deemed a public act, and shall have the force and effect of a general law, may be read in evidence without pleading or proof, and judicial notice shall be taken thereof in all courts and places, without further proof. 11.10 Severability Clause If any section or part of this Charter shall be held invalid by a Court of competent jurisdiction, such holding shall not affect the remainder of this Charter, nor the context in which such section or part of section so held invalid may appear, except to the extent that any entire section, or part of section, may be inseparably connected in meaning and effect, with the section or part of [the] section to which such holding shall directly apply. The Charter is translated in Spanish. For purposes of interpretation and enforcement, in the event of conflict, the English version of the Charter shall prevail. 11.11 Construction of Charter The provisions of this Charter shall be construed for the purpose of effecting the objects and ends thereof. All references to state law or laws of the State of Texas, however expressed, shall mean “as presently enacted or hereinafter enacted.” All gender references shall be interpreted to include both masculine and feminine. 11.12 Renumber, Rename, Rearrange, Clerical, Typographical and Grammatical Error Correction The Council shall have the power, by ordinance, to renumber, rename and rearrange all articles, sections and paragraphs of this Charter, or any amendments thereto, and to correct clerical, typographical or grammatical errors within the Charter, as it shall deem appropriate, provided that such action does not change the meaning or effect of any part hereof, and, upon the Town Council Page 162 of 295 Meeting Date: December 8, 2015 45 passage of any such ordinance, a copy thereof, certified by the Town Secretary, shall be forwarded to the Secretary of State of the State of Texas for filing. 05-21-13 (Renamed and Amended Section 11.12) Ord. 2013-15, Prop #16 11.13 Amendment to Charter Amendments to this Charter may be framed and submitted to the voters of the Town in the manner provided by State law. 11.14 Code of Ethics and Conduct; Ethics Commission (a) The Town Council shall adopt by ordinance a code of ethics and conduct that is consistent with the provisions of this Charter and applicable to elected officers, appointed board, commission, and committee members, and employees of the Town. (b) The Town Council shall establish by ordinance an independent Ethics Commission to administer and enforce the Code of Ethics and Conduct ordinance. No member of the Commission may hold elective or appointed office under the Town or any other government or hold any political party office. The Town Council shall appropriate sufficient funds to the Ethics Commission to enable it to perform the duties assigned. 05-09-09, (Amended) Ord. 2009-12- Prop #21 11.15 Charter Review Commission The Council shall appoint a Charter Review Commission at intervals of not more than seven (7) years. The Commission shall consist of nine (9) qualified voters of the Town. Each council member shall appoint one member to serve on the Charter Review Commission, and remaining members shall be appointed by vote of the Council. The Commission shall review the Town Charter and make Charter amendment recommendations, where appropriate, that will help protect or enhance the rights, powers and benefits of all Trophy Club residents. It shall be the duty of the Charter Review Commission to: (a) Inquire into the operation of the Town government under the Charter and determine whether any provisions require revision. To this end, public hearings may be held; (b) Propose any recommendations it deems desirable to ensure compliance with this Charter; (c) Propose amendments to this Charter to improve its effective application to current conditions; and (d) Report its findings and present its proposed amendments to the Town Council. The Council shall receive and have published in the Town’s official newspaper the Charter Review Commission’s final report. It shall consider any recommendations and, if any amendments are presented, may order the amendment or amendments submitted to the voters of the Town. Town Council Page 163 of 295 Meeting Date: December 8, 2015 46 The term of office of Commission shall be six (6) months or longer if extended by the Council and, at the completion of such term, a report of the proceedings of the Commission shall be filed with the Town Secretary and shall become public record. 12-08-15, (Added “s” to “member” in fourth line of first paragraph) Ord. 2015-43 05-21-13 (Amended First Paragraph of Section 11.15) Ord. 2013-15, Prop #17; 05-09-09, (Amended Section 11.15 and Subsections (a and d)) Ord. 2009-12, Prop #22 Town Council Page 164 of 295 Meeting Date: December 8, 2015 47 ARTICLE XII TRANSITIONAL PROVISIONS 12.01 Interim Municipal Government Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are Town officers or employees at the time of its adoption. 12.02 Persons Serving on Boards, Commissions or Corporations Persons serving on any board, commission or corporation at the time of the adoption of this Charter shall continue to serve until their term shall have expired or until their successors shall have qualified. 12.03 Effect of this Charter on Existing Law All ordinances, resolutions, rules and regulations in force in the Town on the effective date of this Charter, and not in conflict with this Charter, shall remain in force until altered, amended or repealed. All taxes, assessments, liens, encumbrances and demands, of or against the Town, fixed or established before or on the effective date of this Charter shall be valid when properly fixed or established either under the law in force at the time of beginning of such proceedings or under the law after the adoption of this Charter. 12.04 Continuance of Contracts, Franchises and Succession of Rights All contracts including without limitation franchises entered into by the Town or for its benefit prior to the taking effect of this Charter shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws or ordinances existing at the time this Charter takes effect may be carried to completion in accordance with the provisions of such existing laws or ordinances. All suits, taxes, penalties, forfeitures and all other rights, claims, and demands, which have accrued under the laws, heretofore in force governing the Town shall belong to and be vested in and shall be prosecuted by and for the use and benefit of the corporation hereby created, and shall not in any way be diminished, affected or prejudiced by the adoption and taking effect of this Charter. 12.05 Submission of Charter to Voters The Charter Commission in preparing this Charter concludes that it is impracticable to segregate each subject so as to permit a vote of "yes" or "no" on the same, for the reason that the Charter is so constructed that in order to enable it to work and function it is necessary that it should be adopted in its entirety. For these reasons, the Charter Commission directs that the said Charter be voted upon as a whole and that it shall be submitted to the qualified voters of the Town at an election to be held for that purpose on Tuesday, November 2, 2004. Not less than thirty days prior to such election, the Council shall cause the Town Secretary to mail a copy of this Charter to each qualified voter of the Town as appears from the latest certified list of registered voters. If a majority of the qualified voters voting in such election shall vote in favor of the adoption of this Charter, it shall immediately become the governing law of the Town, until amended or repealed. The form of the ballot for use in such election shall be as follows: FOR THE ADOPTION OF THE CHARTER AGAINST THE ADOPTION OF THE CHARTER Town Council Page 165 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0784-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:11/23/2015 Town Council On agenda:Final action:12/8/2015 Title:Consider and take appropriate action regarding an Ordinance amending subsection “B”, “Stop Signs”, of Section 2.03 "Traffic Control Devices” of Article II, “Traffic & Vehicles” of Chapter 10 “Public Safety” of the Code of Ordinances of the Town to designate additional stop intersections throughout the Town and authorizing the placement of additional stop signs at those intersections; providing for a penalty; and providing an effective date. Attachments:Staff Report - Stop Sign Ordinance Revision.pdf ORD 2015-45 - Amending Chap 10 Art II Stop Signs.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance amending subsection “B”, “Stop Signs”, of Section 2.03 "Traffic Control Devices” of Article II, “Traffic & Vehicles” of Chapter 10 “Public Safety” of the Code of Ordinances of the Town to designate additional stop intersections throughout the Town and authorizing the placement of additional stop signs at those intersections; providing for a penalty; and providing an effective date. Town Council Page 166 of 295 Meeting Date: December 8, 2015 To: Mayor and Town Council From: Pat Cooke, Infrastructure and Development Manager CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Stop Sign Ordinance Town Council Meeting, December 8, 2015 Agenda Item: Consider and take appropriate action regarding an Ordinance amending subsection “B”, “Stop Signs”, of Section 2.03 "Traffic Control Devices” of Article II, “Traffic & Vehicles” of Chapter 10 “Public Safety” of the Code of Ordinances of the Town to designate additional stop intersections throughout the Town and authorizing the placement of additional stop signs at those intersections; providing for a penalty; and providing an effective date. Explanation: Ordinance requires the addition of each stop sign to the Ordinance to be enforceable. These stop signs are located in Highlands NH 7-3C and Canterbury Hills Phase II. Attachments: • Ordinance No. 2015-45 Page 1 of 1 Town Council Page 167 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-45 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING SUBSECTION “B”, “STOP SIGNS”, OF SECTION 2.03 “TRAFFIC CONTROL DEVICES” OF ARTICLE II, “TRAFFIC & VEHICLES” OF CHAPTER 10 “PUBLIC SAFETY” OF THE CODE OF ORDINANCES OF THE TOWN TO DESIGNATE ADDITIONAL STOP INTERSECTIONS THROUGHOUT THE TOWN AND AUTHORIZING THE PLACEMENT OF ADDITIONAL STOP SIGNS AT THOSE INTERSECTIONS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the Charter of the Town, State law, and its inherent police powers, the Town Council of the Town is empowered to adopt ordinances and rules that are for the good government of the Town; and WHEREAS, pursuant to Chapter 542 of the Texas Transportation Code, the Town is authorized to designate an intersection as a stop intersection or a yield intersection and to require each vehicle to stop or yield at one or more entrances to the intersection in accordance with an authorized traffic control device; and WHEREAS, due to growth and development within the Town, new streets and have been constructed, new intersections are being created, and roads are being realigned and renamed; and WHEREAS, the Town Council has determined that public health, safety and welfare and good engineering practices mandate the designation of additional stop intersections with the addition of stop signs at those stop intersections within the Town; and WHEREAS, the Town Council has determined it to be in the best interest of the Town and its residents to amend the Code of Ordinances by designating new stop intersections listed herein and by authorizing the placement of stop signs as the official traffic control device at those stop intersections; and WHEREAS, the Town Council hereby finds that the amendment of Section 2.03(B) of Article II, Chapter 10 of the Code of Ordinances as further specified herein 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 168 of 295 Meeting Date: December 8, 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. AMENDMENT 2.01 Subsection B entitled “Stop Signs” of Section 2.03 entitled “Traffic Control Devices” of Article II entitled, “Traffic & Vehicles” of Chapter 10, entitled “Public Safety” of the Code of Ordinances of the Town of Trophy Club, Texas is hereby amended to add subsections 186 through 214 to Section 2.03, Subsection (B), which subsections shall be and read in their entirety as follows and all other subsections shall remain unchanged: “2.03 B. Stop Signs 215. At the northwest corner of the intersection of Hyde Court and Waverly Drive facing north. 216. At the northeast corner of the intersection of Fisher Drive and Indian Creek facing east. 217. At the southeast corner of the intersection of Ramsey Trail and Fisher Drive facing south. 218. At the northeast corner of the intersection of Abbot Lane and Ramsey Trail facing east. 219. At the northeast corner of the intersection of Dover Lane and Ramsey Trail facing east. 220. At the southeast corner of the intersection of Tenison Trail and Dover Lane facing north. 221. At the southeast corner of the intersection of Dover Lane and Becket Place facing south. 222. At the northeast corner of the intersection of Becket Place and Dover Lane facing east. 223. At the northeast corner of the intersection of Skyline Drive and Tenison Trail facing east. 224. At the southeast corner of the intersection of Tait Court and Tenison Trail facing south. 225. At the southeast corner of the intersection of Exeter Drive and Nottingham Drive facing south. 226. At the northwest corner of the intersection of Annandale Drive and Nottingham Drive facing north.” ORD 2015-45 Page 2 of 4 Town Council Page 169 of 295 Meeting Date: December 8, 2015 SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting traffic control and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or 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 5. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. 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 Hundred Dollars ($200.00). SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. ORD 2015-45 Page 3 of 4 Town Council Page 170 of 295 Meeting Date: December 8, 2015 SECTION 8. 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 8th day of December, 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 ORD 2015-45 Page 4 of 4 Town Council Page 171 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0763-T Name: Status:Type:Agenda Item Public Hearing File created:In control:11/17/2015 Town Council On agenda:Final action:12/8/2015 Title:Conduct a public hearing regarding amendments to the Town of Trophy Club’s Code of Ordinances, amending Chapter 13-Zoning, Article VIII-Administration and Enforcement, Section 8.05, Zoning Board of Adjustment in order to provide for Town Council appointment of the Chairperson for the Zoning Board of Adjustment. Attachments:Staff Report - ZBA Chair Appointment.pdf ORD 2015-46 P&Z - ZBA Chair Appointment Amendment.pdf Action ByDate Action ResultVer. Conduct a public hearing regarding amendments to the Town of Trophy Club’s Code of Ordinances, amending Chapter 13-Zoning, Article VIII-Administration and Enforcement, Section 8.05, Zoning Board of Adjustment in order to provide for Town Council appointment of the Chairperson for the Zoning Board of Adjustment. Town Council Page 172 of 295 Meeting Date: December 8, 2015 To: Mayor and Town Council From: Ron Ruthven, Town Planner CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Case #ADM-15-11 – Appointment of ZBA Chairman Town Council Meeting, December 8, 2015 AGENDA ITEM: Conduct a public hearing regarding amendments to the Town of Trophy Club’s Code of Ordinances, amending Chapter 13-Zoning, Article VIII-Administration and Enforcement, Section 8.05, Zoning Board of Adjustment in order to provide for Town Council appointment of the Chairperson for the Zoning Board of Adjustment. EXPLANATION: Per the direction of the Town Council, this item involves granting authority to the Town Council for appointment of the Chairperson for the Zoning Board of Adjustment. Section 8.05(D) in zoning regulations currently states: Officers: The Zoning Board of Adjustment shall select from among its regular members, a chairman, an acting chairman to act in the absence of the chairman, and a secretary. The current Handbook for Elected and Appointed Officials, applicable to all Town boards and commissions and adopted by the Town Council via Resolution 2015-06, currently states: Each Board, Commission, or Corporation shall have a Chair/President. A Board, Commission, or Corporation at the Council’s discretion, may be asked to make a recommendation for a Chair/President with the final determination left to the Council. The Chair/President should have some experience as a member of the group. The Planning and Zoning Commission’s Chair will be determined entirely by the Council. Given the requirements in the handbook, the proposed amendment will serve to provide consistency between the zoning regulations and the handbook. Therefore, staff proposes the following amended language to Section 8.05(D): Officers: The chairman of the Zoning Board of Adjustment shall be selected by the Town Council. The Zoning Board of Adjustment shall select from among its Page 1 of 2 Town Council Page 173 of 295 Meeting Date: December 8, 2015 regular members, a vice-chairman to act in the absence of the chairman, and a secretary. Staff intends to draft new rules of procedure for the Zoning Board of Adjustment that will reflect the proposed changes above including other procedural changes to be reviewed by the Board at a future meeting with final approval by the Town Council. ZONING BOARD OF ADJUSTMENT ELECTION OF OFFICERS: At the last regular meeting of the Board held on November 12, 2015, the Board elected the following officers: Chairman: Louis Opipare, Jr. Vice-Chairman: Joe Hennig Secretary: Michael Biggs Staff explained to the Board that, pending final Council action of the proposed ordinance changes described above, the Board elections of Chairman may be temporary. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission considered this item on December 3, 2015 after the Council packet was sent. Staff will provide an update to the Council concerning the Commission’s action prior to the start of the December 8, 2015 meeting. RECOMMENDATION: Staff recommends approval of the amendments as presented. This item requires final approval by the Town Council. ATTACHMENTS: • Ordinance No. 2015-46 P&Z Page 2 of 2 Town Council Page 174 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-46 P&Z AN ORDINAN CE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING SUBSECTION (D) ENTITLED “OFFICERS” OF SECTION 8.05, ENTITLED “ZONING BOARD OF ADJUSTMENT” OF ARTICLE VIII, ENTITLED “ADMINISTRATION AND ENFORCEMENT” OF CHAPTER 13, ENTITLED “ZONING” OF THE CODE OF ORDINANCES OF THE TOWN BY PROVIDING AUTHORITY TO THE TOWN COUNCIL TO APPOINT THE ZONING BOARD OF ADJUSTMENT CHAIRMAN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas is a Home Rule Town acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Planning and Zoning Commission has reviewed Subsection D, entitled “Officers” of Section 8.05, entitled “Zoning Board of Adjustment of Article VIII, entitled “Administration and Enforcement”, of Chapter 13, entitled “Zoning” of the Code of Ordinances of the Town; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council amendments to Subsection D, entitled “Officers”, Section 8.05, entitled “Zoning Board of Adjustment, Article VIII, entitled “Administration and Enforcement”, of Chapter 13, entitled “Zoning” of the Code of Ordinances of the Town; and WHEREAS, after due deliberation and consideration by Town Council of the Town of Trophy Club, Texas at a properly posted public hearing, the Town Council now deems it necessary and in the interests of public health, safety and welfare and the orderly development of land within the Town, to adopt this Ordinance amending the Code of Ordinances of the Town by amending Subsection D, entitled “Officers” of Section 8.05, entitled “Zoning Board of Adjustment of Article VIII, entitled “Administration and Enforcement”, of Chapter 13, entitled “Zoning” of the Code of Ordinances of the Town, as more specifically set forth below. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council Page 175 of 295 Meeting Date: December 8, 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. AMENDMENT 2.01 Section 8.05(D) entitled “Officers” of Article VIII entitled “Administration and Enforcement” of Chapter 13 entitled “Zoning” of the Code of Ordinances of the Town of Trophy Club is hereby adopted to be and read in its entirety as follows: “Section 8.05 Zoning Board of Adjustment … D. Officers: The chairman of the Zoning Board of Adjustment shall be selected by the Town Council. The Zoning Board of Adjustment shall select from among its regular members, a vice-chairman to act in the absence of the chairman, and a secretary. …” SECTION 3. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. ORD 2015-46 P&Z Page 2 of 3 Town Council Page 176 of 295 Meeting Date: December 8, 2015 SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 8th day of December, 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 ORD 2015-46 P&Z Page 3 of 3 Town Council Page 177 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0796-T Name: Status:Type:Agenda Item Public Hearing File created:In control:11/30/2015 Town Council On agenda:Final action:12/8/2015 Title:Conduct a public hearing regarding an Ordinance amending Ordinance No. 2002-41 P&Z, Planned Development District No. 25, located on Lot 2-R2, Block B, Trophy Wood Business Center at 3000 SH 114, approving a site plan for Tract 3 for Bread Winners Café. Attachments:Staff Report - Bread Winners Site Plan.pdf Exhibit A - Application.pdf Exhibit B - Site Plan and Landscape Plan Set.pdf Exhibit C - Waiver Letter from Landscape Architect.pdf Exhibit D - PD 25 Ordinance.pdf Exhibit E - Location and Zoning Map.pdf Exhibit F - Proposed Ordinance No. 2015-44 PZ.pdf Action ByDate Action ResultVer. Conduct a public hearing regarding an Ordinance amending Ordinance No. 2002-41 P&Z, Planned Development District No. 25, located on Lot 2-R2, Block B, Trophy Wood Business Center at 3000 SH 114, approving a site plan for Tract 3 for Bread Winners Café. Town Council Page 178 of 295 Meeting Date: December 8, 2015 To: Mayor and Town Council From: Ron Ruthven, Town Planner CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Case #SP-15-034 – Bread Winners Site Plan Town Council Meeting, December 8, 2015 AGENDA ITEM: Conduct a public hearing regarding an Ordinance amending Ordinance No. 2002-41 P&Z, Planned Development District No. 25, located on Lot 2-R2, Block B, Trophy Wood Business Center at 3000 SH 114, approving a site plan for Tract 3 for Bread Winners Café. REQUEST: DM2, LLC, on behalf of Old Town Development, LLC, is requesting approval of the site plan package for a new restaurant to be called “Bread Winners Café” at the southeast corner Trophy Wood Drive and SH 114. CURRENT CONDITIONS AND ZONING: The subject property contains 2.05 acres and is platted. The property is zoned PD 25. A restaurant is allowed as a principal use in this zoning district. Section B(12) of PD 25 Ordinance 2002-41 (attached) requires that any new construction meet the following requirements: “Notwithstanding any contrary provision in the Ordinance or any exhibits hereto, the final approvals listed below must be obtained from the Town prior to the issuance of any building permits. Such approvals must be made by an Ordinance amending this Ordinance creating PD Planned Development No. 25: a. Final Site Plan approval, including but not limited to Landscape Plan and Plat List b. Building Elevations c. Sight Line Studies d. Civil Site Plan e. Photometric Plan & Light Fixtures Illustrations f. Sign Criteria g. Retaining Wall and Fence Criteria; and h. Development Schedule” Page 1 of 3 Town Council Page 179 of 295 Meeting Date: December 8, 2015 These items are attached with the exception of the development schedule. The sign plan is shown on the building elevations. DEVELOPMENT DETAILS: The proposed restaurant will be 7,716 square feet in size and contain 83 parking spaces. The building will be two stories in height with the exterior wall composed of brick and concrete masonry unit. The roof will be composed of metal. The dumpster enclosure will be composed of a brick veneer on concrete masonry unit. Lighting on site will be installed to a maximum height of 20 feet. The sidewalk along SH 114 will be extended along the frontage of the subject property from the developed office building (Dr. Crumpton) to the east. WAIVER REQUESTS: The applicant is requesting a waiver to the landscape requirements in the Code of Ordinances and the PD 25 ordinance and is also requesting a sign waiver to allow signage as shown on the building elevations. Based on the attached letter from the landscape architect, the following specific waivers are requested to the landscaping requirements as copied from said letter: 1. Perimeter trees: i. The site perimeter contains 920’ linear feet, requiring the planting of 31 trees. Due to easements along Hwy 114, including a 20’ sewer line easement & variable width utility easement, and the desire to maintain strong site lines from the highway to the new restaurant it is requested that no trees be required within the easements along 114. Parking lot trees and shrubs will meet the spirit of the ordinance by screening parking from the hwy. without blocking views to the building. 2. Non-vehicular open space trees: i. Regarding the utility easements mentioned above, it is requested that these easements be taken out of the calculations for non-vehicular open space along Hwy. 114. It is also asked that no non-vehicular open space trees be planted within the easements along Hwy 114 to prevent interference with utilities and maintain site lines to the new development. 3. Tree counts: i. To alleviate the amount of trees required for the site it is requested that the total number of trees required from different sections of the ordinance be allowed to count towards each other. For example non-vehicular open space trees may count toward perimeter trees. This will allow for healthier tree spacing, stronger site lines to the building from public right of ways; and yet still provide shade to the parking lots and sidewalks while buffering from surrounding uses. Page 2 of 3 Town Council Page 180 of 295 Meeting Date: December 8, 2015 4. Plant sizes: i. It is requested that shrubs in 5 gallon containers be allowed at the time of install instead of the 30” height requirement due to commercial availability. As well as ornamental grasses in 1 gallon containers be allowed due to their rapid growth rate over a season. Regarding signage, the applicant does not intend to install any monument signs on the property. Rather, based on the building elevations, the applicant intends to install a wall sign advertising the Quarter Bar, which is a part of the restaurant, and also plans to install a roof sign advertising Bread Winners. Roof signs are prohibited in the sign regulations. For a wall sign, the maximum copy height shall not exceed two feet (2’), six inches (6”) and the maximum area must not exceed 40 square feet or the product of 2 times the lineal width of the wall, whichever greater and, additionally, shall hall not exceed 75% of the width or the height of the available wall area. Therefore, the specific sign waivers requested are to allow the wall sign to exceed the maximum area and size requirements in the Code of Ordinances and to allow the roof sign as shown on the building elevation. PUBLIC NOTICE REQUIREMENT: Per the requirements of the State of Texas and the Trophy Club Code of Ordinances, a notice of public hearing concerning the PD amendment was published in the Fort Worth Star Telegram. Notice was also mailed to 90 property owners within 500 feet of the PD 25 boundary. To date no correspondence has been received. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission considered this item on December 3, 2015 after the Council packet was sent. Staff will provide an update to the Council concerning the Commission’s action prior to the start of the December 8, 2015 meeting. STAFF REVIEW AND RECOMMENDATION: With the exception of the waivers requested above, the proposed restaurant complies with the PD 25 and Code of Ordinances requirements. The site plan package must be approved as an amendment to the PD 25 ordinance. Staff recommends approval. ATTACHMENTS: Exhibit A – Application Exhibit B – Site Plan and Landscape Plan Set Exhibit C – Waiver Letter from Landscape Architect Exhibit D – PD 25 Ordinance Exhibit E – Location and Zoning Map Exhibit F – Proposed Ordinance 2015-44 P&Z Page 3 of 3 Town Council Page 181 of 295 Meeting Date: December 8, 2015 E x h i b i t A T o w n C o u n c i l P a g e 1 8 2 o f 2 9 5 M e e t i n g D a t e : D e c e m b e r 8 , 2 0 1 5 Ex h i b i t B To w n Co u n c i l Pa g e 18 3 of 29 5 Me e t i n g Date: December 8, 2015 Ex h i b i t B To w n Co u n c i l Pa g e 18 4 of 29 5 Me e t i n g Date: December 8, 2015 L0.1TREE MITIGATION BREAD WINNERS CAFE -TROPHY CLUB BREAD WINNERS CAFE X T E F O ATS T E A S N I C H O L A S N E L S O N 2 3 2 03000 SH 114 Ex h i b i t B To w n Co u n c i l Pa g e 18 5 of 29 5 Me e t i n g Date: December 8, 2015 Ex h i b i t B To w n Co u n c i l Pa g e 18 6 of 29 5 Me e t i n g Date: December 8, 2015 /H Y H O         /H Y H O         7 2   : $ / /       0( 7 $ /  5 2 2 ) , 1 *     %5 , & . &0 8 &$ 1 2 3 <  ( / ( 0 ( 1 7 6, * 1 $ * ( 3/ $ 1 7 , 1 *  6 & 5 ( ( 1 */ $ = , 1 * &$ 1 2 3 <  ( / ( 0 ( 1 7 %5 , & . */ $ = , 1 * */ $ = , 1 * %5 , & . 3/ $ 1 7 , 1 *  6 & 5 ( ( 1 /H Y H O         /H Y H O         7 2   : $ / /       0( 7 $ /  5 2 2 ) , 1 *    &0 8 %5 , & . %5 , & . 0( 7 $ /  7 5 ( / / , 6 */ $ = , 1 * &0 8 0( 7 $ /  5 2 2 ) , 1 *    3/ $ 1 7 , 1 * 6& 5 ( ( 1 :2 2 '  ' ( & . 6, * 1 $ * ( 67 ( ( /  : , 1 ' 2 : 68 5 5 2 8 1 ' 6, ' , 1 *  7 % ' %5 , & . 3/ $ 1 7 , 1 * 6& 5 ( ( 1 0( 7 $ /  5 $ , / , 1 * /H Y H O         /H Y H O         7 2   : $ / /       0( 7 $ / 52 2 ) , 1 *    6, * 1 $ * ( %5 , & . */ $ = , 1 * %5 , & . 3/ $ 1 7 , 1 *  6 & 5 ( ( 1 %5 , & . */ $ = , 1 * */ $ = , 1 * 6, * 1 $ * ( */ $ = , 1 * %5 , & .  : $ / / 0( 7 $ / 52 2 ) , 1 *    %5 , & . :2 2 '  ' ( & . 0( 7 $ /  7 5 ( / / , 6 67 8 & & 2    /H Y H O         /H Y H O         7 2   : $ / /       0( 7 $ /  5 2 2 ) , 1 *    0( 7 $ /  5 2 2 ) , 1 *    67 8 & & 2    6, * 1 $ * ( &0 8 3/ $ 1 7 , 1 *  6 & 5 ( ( 1 &0 8 %5 , & . */ $ = , 1 * 0( 7 $ / 52 2 ) , 1 *    %5 , & . */ $ = , 1 * &$ 1 2 3 <  ( / ( 0 ( 1 7 %5 , & . 6, * 1 $ * ( -R E           ) D L U P R X Q W  6 W U H H W   6 X L W H     :HVWWK6WUHHW6XLWH 'D O O D V   7 H [ D V         _               )RUW:RUWK7H[DV_ )L O H  1 D P H  'D W H  'U D Z Q  E \  & ? 8 V H U V ? V D O Y D U H ] ? ' R F X P H Q W V ?      B 2 7 '  % : 4 % B V B D O Y D U H ]  U Y W        $X W K R U        (/ ( 9 $ 7 , 2 1  0 $ 7 ( 5 , $ / 6 %5 ( $ ' : , 1 1 ( 5 6    4 8 $ 5 7 ( 5  % $ 5    7 5 2 3 + <  : 2 2 '  ' 5 , 9 ( 75 2 3 + <  & / 8 %   7 ( ; $ 6       Ex h i b i t B To w n Co u n c i l Pa g e 18 7 of 29 5 Me e t i n g Date: December 8, 2015 /H Y H O         /H Y H O         7 2   : $ / /                                             3 5 2 3 ( 5 7 <  / , 1 ( 7 5 2 3 + <  : 2 2 '  / 1   1 % 7 5 2 3 + <  : 2 2 '  / 1   6 %       3523(57</,1(        /H Y H O         /H Y H O         7 2   : $ / /                     3 / $ = $  ' 5 , 9 ( 3 5 2 3 ( 5 7 <  / , 1 ( 57()5217$*(5'3523(57</,1(                         -R E           ) D L U P R X Q W  6 W U H H W   6 X L W H     :HVWWK6WUHHW6XLWH 'D O O D V   7 H [ D V         _               )RUW:RUWK7H[DV_ )L O H  1 D P H  'D W H  'U D Z Q  E \  & ? 8 V H U V ? V D O Y D U H ] ? ' R F X P H Q W V ?      B 2 7 '  % : 4 % B V B D O Y D U H ]  U Y W        $X W K R U        6, * + 7  / , 1 (  6 7 8 ' , ( 6 %5 ( $ ' : , 1 1 ( 5 6    4 8 $ 5 7 ( 5  % $ 5    7 5 2 3 + <  : 2 2 '  ' 5 , 9 ( 75 2 3 + <  & / 8 %   7 ( ; $ 6       6FDOH    6,7(6(&7,21($67:(676FDOH    6, 7 (  6 ( & 7 , 2 1    1 2 5 7 +  6 2 8 7 + Ex h i b i t B To w n Co u n c i l Pa g e 18 8 of 29 5 Me e t i n g Date: December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x h i b i t B To w n Co u n c i l Pa g e 18 9 of 29 5 Me e t i n g Date: December 8, 2015 Ex h i b i t B To w n Co u n c i l Pa g e 19 0 of 29 5 Me e t i n g Date: December 8, 2015 HO H F W U L F D O  H D V H P H Q W $6680(' H I G H W A Y 1 1 4 T R O P H Y W O O D L A N E P P M S S S I G N S I G N   A MH : 2 0   A MH : 2 0   MH : 2 0 B   MH : 2 0 B   MH : 2 0 B   MH : 2 0 B                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           /X P L Q D L U H  6 F K H G X O H 6\ P E R O 7\ S H 4W \ 0D Q X I D F W X U H U    & D W D O R J  1 X P E H U 7R W D O  / X P H Q  2 X W S X W 7R W D O  , Q S X W  : D W W V /L J K W  / R V W  ) D F W R U 8V H U  ' H I L Q H G  ) D F W R U $  /, 7 + 2 1 , $ B ' 6 ;   / ( '    &        .  7  0      6 3 $             %  /, 7 + 2 1 , $ B ' 6 ;   / ( '    &        .  7  :      6 3 $               Il l u m i n a n c e ( F c ) Av e r a g e = 1 . 1 7 Ma x i m u m = 2 . 4 Mi n i m u m = 0 . 6 Av g / M i n R a t i o = 1 . 9 5 Ma x / M i n R a t i o = 4 . 0 0 St a t A r e a _ P a r k i n g L o t No t e s : 1. S u r f a c e r e f l e c t a n c e s : V e r t i c a l / H o r i z o n t a l - 5 0 / 2 0 . 2. C a l c u l a t i o n v a l u e s s h o w n a t g r a d e . 3. M o u n t i n g h e i g h t s : A s s h o w n . 4. L u m i n a i r e d e s c r i p t i o n d o n o t n e c e s s a r i l y r e f l e c t s p e c i f i c a t i o n m o d e l n u m b e r . C o n t a c t s a l e s p e r s o n f o r v e r i f i c a t i o n . 5. S y l v a n i a l a m p d a t a u s e d u n l e s s o t h e r w i s e n o t e d . L E D l u m i n a i r e u s e s i n t e g r a t e d p h o t o m e t r i c l a m p d a t a , w h i c h i s p r o v i d e d b y m a nu f a c t u r e . 6. L i g h t i n g p o w e r d e n s i t y i s c a l c u l a t e d b a s e d o n e s t i m a t e d b a l l a s t / d r i v e r e n e r g y c o n s u m p t i o n . E n g i n e e r t o v e r i f y . PR O J E C T : B W Q B - S I T E SA L E S P E R S O N : R O S S M U R P H Y SC A L E : 1 : 2 0 CA L C B Y : L S FI L E : 1 5 1 1 1 2 _ B W Q B - S I T E _ V 2 15 - 1 1 - 1 2 Pa g e 1 o f 1 Architectural Lighting Alliance 101 Turtle Creek Blvd. Dallas TX 75207 O 214-658-9000 | F 214-658-9002 www.alatx.com Ex h i b i t B To w n Co u n c i l Pa g e 19 1 of 29 5 Me e t i n g Date: December 8, 2015 BAR HO S T E S S BR I C K FO U N T A I N VE S T I B U L E EL E C T CO V E R E D CO U R T Y A R D OUTDOOR BAR SEATING OF F I C E 24 " D R I N K S T A T I O N EN T R Y ME N ' S WO M E N ' S HA L L W A Y - 1 6 S E A T S BA C K R O O M - 2 8 S E A T S KE G RO O M EL E V DIN I N G PR I V A T E RM # 1 W A I T I N G B E N C H FIR E P L A C E RIS E R WIN E D I S P L A Y FR O N T R O O M - 4 8 S E A T S E M P L O Y E E T O I L E T PA S S T H R U W I N D O W ( W I T H H E A T E R S A B O V E ) CO L D CAS E DRY CAS E CO U N T E R & P O S CO U N T E R ESP R E S S O GR I N D E R SA U T E CO O L E R GR I L L E CO O L E R SA U T E CO O L E R LE T T SIN K 80 Q T MIX E R BR D CA R T ST E A M TA B L E SA L A D CO O L E R OVE R S H E L F ( A B O V E ) PR E P T A B L E MOP SINK WO O D BR E A D TA B L E IC E MA C H I N E WAL K I N C O O L E R WAL K I N F R E E Z E R WO R K T O P FR E E Z E R 2 D O O R CO O L E R EG G CO O L E R 10 B U R N E R ST O V E STE E L GR I D D L E NIC K E L GR I D D L E CH A R GR I L L DO U B L E FR Y E R DU M P S T N ST E A M KE T T L E 8 B U R N E R ST O V E CO N V E C T . OVE N BR E A D O V E R C O N V E C T . OV E N PR O O F RAC K MICR O W A V E DIR T Y T A B L E DIS H WA S H E R CL E A N T A B L E COK E RAC K STO R A G E RAC K STO R A G E RAC K 2 D O O R TA L L CO O L E R 3 S O U P WEL L S COK E ICEICECOF - FEETEA UND E R COU N T E R COO L E R SAL A M A N D E R BRO I L E R ABO V E SIN K S PIZ Z A OV E N WO R K TO P FR E E Z E R BRE A D RAC K HAN D SIN K TR A S H CAN PIV O T DOO R BR E A D T A B L E VE S T I B U L E UP EN T R Y WIN E ST O R . IN C O M I N G EL E C T R I C A L SE R V I C E IN C O M I N G TE L E C O M SE R V I C E EL E C T R I C A L R O O M LO C A T I O N (1 ) 4 " U N D E R G R O U N D C O N D U I T FO R T E L E P H O N E / D A T A (2 ) 4 " C - 4 # 6 0 0 M C M , # 3 G MA I N S W I T C H B O A R D 4 3 2 1 5 TY P ROUND CONCRETE POLE BASE (VERIFY SIZE WITH ARCHITECTURAL AND STRUCTURAL DRAWINGS)GROUND SCREW AT HANDHOLE CONNECT GROUND TO BUSHING AND ANCHOR ROD POLE BASE LEVELING NUT CONNECT GROUND TO REBAR EXOTHERMIC GROUND CONNECTION FINISHED GRADE ANCHOR BOLTSLIGHTING POLE HANDHOLE BOLT COVER PA C K G R O U T U N D E R PO L E B A S E T O E N S U R E CO N T A C T W I T H F O O T I N G 2" C H A M F E R PV C T O R G S CO N D U I T C O U P L I N G PV C C O N D U I T RI G I D G A L V A N I Z E D ST E E L C O N D U I T CO O R D I N A T E C O N C R E T E FO O T I N G A N D R E B A R W I T H ST R U C T U R A L D R A W I N G S 30 " A B O V E FI N I S H E D G R A D E 1/2" x 10'-0"COPPER CLAD GROUND30" MINIMUM #4 BARE COPPER GROUND WIRE Jo b # : 28 0 8 F a i r m o u n t S t r e e t , S u i t e 3 0 0 3300 West 7th Street, Suite 110 Da l l a s , T e x a s 7 5 2 0 1 | 2 1 4 . 3 0 3 . 1 5 0 0 Fort Worth, Texas 76107 | 817.303.1500 Da t e : Dr a w n b y : 14 0 5 W . C h a p m a n D r i v e Sa n g e r , T e x a s 7 6 2 6 6 Ph o n e ( 9 4 0 ) 4 5 8 - 7 5 0 3 31 1 6 K e l l w a y D r i v e , S u i t e 1 0 2 Ca r r o l l t o n , T e x a s 7 5 0 0 6 Ph o n e ( 9 7 2 ) 8 1 8 - 0 2 6 4 ww w . e i k o n c g . c o m EI K O N # 1 5 2 6 5 DD M 11 / 1 0 / 1 5 SI T E P L A N - E L E C T R I C A L BR E A D W I N N E R S + Q U A R T E R B A R 10 0 T R O P H Y W O O D D R I V E TR O P H Y C L U B , T E X A S 7 6 2 6 2 E0 0 1 SC A L E : N 1 / 1 6 " = 1 ' - 0 " 1 SI T E P L A N - E L E C T R I C A L PROPOSED ROUTE FOR TELEPHONE SERVICE.COORDINATE WITH OWNER AND LOCAL TELEPHONE COMPANY FOR EXACT UNDERGROUND ROUTE PRIOR TO TRENCHING. EXTEND (1) 4" PVC CONDUIT FOR COMMUNICATIONS FROM TELEPHONE SERVICE TO ELECTRICAL ROOM. REFER TO CIVIL DRAWINGS FOR MORE INFORMATION.PROPOSED SECONDARY ROUTE FROM UTILITY TRANSFORMER TO MAIN SWITCHGEAR LOCATED IN ELECTRICAL ROOM. REFER TO PANEL FEEDER SCHEDULE FOR MORE INFORMATION. COORDINATE WITH LOCAL UTILITY AND CIVIL CONTRACTOR FOR EXACT LOCATION PRIOR TO EXCAVATION. REFER TO CIVIL DRAWINGS FOR MORE INFORMATION NEW UTILITY TRANSFORMER. COORDINATE TRANSFORMER PAD AND INSTALLATION REQUIREMENTS WITH LOCAL UTILITY PRIOR TO ROUGH-IN. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL LOCAL UTILITY REQUIREMENTS.PROVIDE UTILITY EASEMENT WITH (2) 4" CONDUIT FOR PRIMARY FEEDER FROM UTILITY SERVICE TO UTILITY OWNED TRANSFORMER. COORDINATE EXACT ROUTING WITH UTILITY COMPANY PRIOR TO EXCAVATION. ROUTE PRIMARY SERVICE FROM TRANSFORMER TO UTILITY OWNED POWER POLE. REFER TO CIVIL DRAWINGS FOR MORE INFORMATION.25' POLE MOUNTED, LED SOURCE LIGHT FIXTURE. 208V LOW PROFILE LIGHT HEAD. REFER TO DETAIL #2 ON THIS SHEET FOR CONCRETE BASE MOUNTING. COORDINATE LOCATIONS WITH CIVIL AND LANDSCAPE DRAWINGS.1 2 3 4 SCALE: NTS 2 LIGHT POLE BASE DETAIL5 Ex h i b i t B To w n Co u n c i l Pa g e 19 2 of 29 5 Me e t i n g Date: December 8, 2015 6100 Western Place ■ Suite 1001 ■ Fort Worth, TX 76107-4654 ■ 817.412.7155 ■ pkce.com November 23, 2015 PK No.: 3349-15.342 TROPHY CLUB LANDSCAPE VARIANCE REQUEST Ron Ruthven, Planner 100 Municipal Drive Trophy Club, TX 76262 Re: BREAD WINNERS Restaurant Development SH 114 at Trophy Wood Drive Trophy Club, TX LANDSCAPE VARIANCE REQUEST A landscape variance is requested for the following items pertaining to improvements for the new Bread Winners development along Hwy. 114 at Trophy Wood Drive. 1. Perimeter trees: i. The site perimeter contains 920’ linear feet, requiring the planting of 31 trees. Due to easements along Hwy 114, including a 20’ sewer line easement & variable width utility easement, and the desire to maintain strong site lines from the highway to the new restaurant it is requested that no trees be required within the easements along 114. Parking lot trees and shrubs will meet the spirit of the ordinance by screening parking from the hwy. without blocking views to the building. 2. Non-vehicular open space trees: i. Regarding the utility easements mentioned above, it is requested that these easements be taken out of the calculations for non-vehicular open space along Hwy. 114. It is also asked that no non-vehicular open space trees be planted within the easements along Hwy 114 to prevent interference with utilities and maintain site lines to the new development. 3. Tree counts: i. To alleviate the amount of trees required for the site it is requested that the total number of trees required from different sections of the ordinance be allowed to count towards each other. For example non-vehicular open space trees may count toward perimeter trees. This will allow for healthier tree spacing, stronger site lines to the building from public right of ways; and yet still provide shade to the parking lots and sidewalks while buffering from surrounding uses. 4. Plant sizes: i. It is requested that shrubs in 5 gallon containers be allowed at the time of install instead of the 30” height requirement due to commercial availability. As well as ornamental grasses in 1 gallon containers be allowed due to their rapid growth rate over a season. Exhibit C Town Council Page 193 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2002 -41 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 16.0 ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114, WEST OFT. W. KING ROAD AND SOUTH OF HANNA COURT AND JAMIE COURT, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN FROM ITS CURRENT ZONING OF "CG" COMMERCIAL GENERAL TO PD PLANNED DEVELOPMENT NO. 25, TROPHY WOOD CENTER, WITH MIXED USES INCLUDING RETAIL USES, RETAIL AND HOTEL USES AND OFFICE USES; PROVIDING THAT THE 16.0 ACRE TRACT OF LAND SHALL BE DIVIDED INTO NINE (9) SEPARATE TRACTS WITH MIXED USES AS FOLLOWS: TRACT 1 (APPROXIMATELY 1.1 ACRES), TRACT 2 (APPROXIMATELY 0.9 ACRES), TRACT 3 (APPROXIMATELY 1.6 ACRES), TRACT 4 (APPROXIMATELY 1.5 ACRES), AND TRACT 8 (APPROXIMATELY 2.2 ACRES) FOR RETAIL USES; TRACT 5 (APPROXIMATELY 2.0 ACRES), TRACT 7 (APPROXIMATELY 1.8 ACRES), AND TRACT 9 (APPROXIMATELY 2.4 ACRES) FOR RETAIL AND HOTEL USES; AND TRACT 6 (APPROXIMATELY 1.0 ACRES) FOR OFFICE USES; PROVIDING THAT THE USES ALLOWED ON SUCH TRACT OF LAND SHALL BE IN ACCORDANCE WITH AND SUBJECT TO THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE, THIS ORDINANCE ADOPTING PD PLANNED DEVELOPMENT DISTRICT NO. 25, AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT NO. 25 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A CONCEPT PLAN, PROVIDING DEVELOPMENT STANDARDS; REQUIRING SUBSEQUENT TOWN APPROVAL OF A LANDSCAPE PLAN AND PLANT LIST, BUILDING ELEVATIONS, SITE LINE STUDIES, CIVIL SITE PLANS, PHOTOMETRIC PLAN AND LIGHT FIXTURES, SIGN CRITERIA, DEVELOPMENT SCHEDULES FOR THE INDIVIDUAL TRACTS AND THE ENTIRE TRACT AND OTHER REQUIREMENTS APPLICABLE TO PD PLANNED DEVELOPMENT DISTRICT NO. 25; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH 1 Exhibit D Town Council Page 194 of 295 Meeting Date: December 8, 2015 OFFENSE AND A SEP ARA TE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVING AND EFFECTIVE DATE. WHEREAS, the owner of the tracts of land, collectively described as a 16.0 acre tract of land currently zoned "CG" Commercial General, such Land being more specifically described in Exhibit "A" attached hereto and incorporated herein, (the "Land"), filed an application with the Town Planning and Zoning Commission requesting a change in zoning of the Land into PD Planned Development No. 25, Trophy Wood Center, with mixed uses including retail uses, retail and hotel uses and office uses, with Tract 1 consisting of approximately 1.1 acres of land, Tract 2 consisting of approximately 0.9 acres of land, Tract 3 consisting of approximately 1.55 acres of land, Tract 4 consisting of approximately 1.5 acres of land, and Tract 8 consisting of approximately 2.2 acres of land, for retail uses; Tract 5 consisting of approximately 2.0 acres of land, Tract 7 consisting of approximately 1.8 acres of land, and Tract 9 consisting of approximately 2.8 acres of land, for retail and hotel uses; and Tract 6 consisting of approximately 1.0 acres of land for office uses. Such application further requested an amendment to the official Zoning District Map of the Town in accordance with Ordinance No. 2000-06 P&Z of the Town (the "Comprehensive Zoning Ordinance"); and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Comprehensive Zoning Ordinance No. 2000-06 P&Z as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; and WHEREAS, the Town Council has determined that there is a necessity and need for the change in zoning and that the proposed change is consistent with the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: 2 Exhibit D Town Council Page 195 of 295 Meeting Date: December 8, 2015 SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION2. FINDINGS After due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and welfare. SECTION 3. REZONING Ordinance No. 2000-06 P&Z of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. The zoning on the Land, more paiticularly described in Exhibit "A'', attached hereto and incorporated herein, is hereby changed from "CG" Commercial General to PD Planned Development District No. 25, with Tract 1 consisting of approximately 1.1 acres of land, Tract 2 consisting of approximately 0.9 acres of land, Tract 3 consisting of approximately 1.55 acres of land, Tract 4 consisting of approximately 1.5 acres of land, Tract 5 consisting of approximately 2.0 acres of land, Tract 6 consisting of approximately 1.0 acres of land, Tract 7 consisting of approximately 1.8 acres of land, Tract 8 consisting of approximately 2.2 acres of land, and Tract 9 consisting of approximately 2.8 acres of land, for use in accordance with the requirements of this Ordinance and all other applicable ordinances, rules, and regulations of the Town. Requirements of this Ordinance are more specifically described and set forth in Exhibits "B" and "C", which are attached hereto and incorporated herein for all purposes, and shall apply to all Tracts of PD Planned Development No. 25 unless otherwise specified in such Exhibits. In the event of any ambiguities or conflicts between the written word in the Development Standards and the illustrations provided in the Exhibits to this ordinance, the Exhibits shall control. 1. Concept Plan. A Concept Plan for the Land, and all parts thereof, is attached hereto as Exhibit "B'', "Concept Plan" and incorporated herein as if copied in its entirety. The Final Site Plan subsequently approved by Town Council shall be adhered to in carrying out the development of the land and compliance with each and every part of such Final Site Plan shall 3 Exhibit D Town Council Page 196 of 295 Meeting Date: December 8, 2015 constitute a condition precedent to the issuance of any building permit for the land in this PD Planned Development District. 2. Development Standards. The development standards for this PD Planned Development are attached hereto as Exhibit "C", "Development Standards", and are incorporated herein as if copied in their entirety. Such standards and regulations include, but are not limited to, a general purpose; size of tracts; uses generally; permitted uses; limitation of uses; area, building and site regulations; parking and loading regulations; landscaping requirements and tree preservation; hours of operation of uses; building material requirements; lighting; screening and fences; signs; fire lanes; final site plan requirements; outdoor storage; mechanical and electrical equipment requirements; and amendments to the site plan. Such Development Standards shall be adhered to in carrying out the development of the land in accordance with this Ordinance, and shall individually and collectively constitute conditions precedent to the granting of any Certificate of Occupancy for all structures within PD Planned Development No. 25. 3. The following additional development standards shall be subject to subsequent Town approval and such approval by Town shall be a condition precedent to the issuance of any permits, authorization, or approval by the Town allowing construction of improvements upon the Land: a. Landscape Plan & Plant List; b. Building Elevations; c. Site Line Studies; d. Civil Site Plan; e. Photometric Plan and Light Fixtures; f. Sign Criteria; g. Retaining Wall and Fence Criteria; and h. Development Schedule. SECTION 4. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town, except as specifically provided herein. 4 Exhibit D Town Council Page 197 of 295 Meeting Date: December 8, 2015 SECTIONS. ZONING MAP The Planning and Zoning Coordinator is hereby directed to mark and indicate on the official Zoning District Map of the Town the zoning change herein made. SECTION6. CUMULATIVE That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. SECTION7. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting regulations governing and regulating the zoning, platting, and subdivision of land which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTIONS. 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. SECTION9. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. 5 Exhibit D Town Council Page 198 of 295 Meeting Date: December 8, 2015 SECTION 10. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 11. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 12. EFFECTIVE DATE. This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Co_;!PC~ of the Town of Trophy Club, Texas, this 2nd day of December, 2002. / ) --., M-a'yor Town of Trophy Club, Texas Town Secretary Town of Trophy Club, Texas [SEAL] 6 Exhibit D Town Council Page 199 of 295 Meeting Date: December 8, 2015 PLANNED DEVELOPMENT No. 25 TROPHY WOOD CENTER TROPHY CLUB, TEXAS Contents Exhibit "A" ............................................................................................ Legal Description Exhibit "B" . . .. . . . . .. .. . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . .. . .. . ... . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . Concept Plan Exhibit "C" ................................................................................. Development Standards Exhibit D Town Council Page 200 of 295 Meeting Date: December 8, 2015 PLANNED DEVELOPMENT No. 25 TROPHY WOOD CENTER TROPHY CLUB, TEXAS Exhibit "A" Legal Description Exhibit D Town Council Page 201 of 295 Meeting Date: December 8, 2015 EXHIBIT "A" LEGAL DESCRIPTION Being a tract of land situated in the W. MEDLIN SURVEY, ABSTRACT NO. 1588 and the J. HENRY SURVEY, ABSTRACT NO. 528, Denton County, Texas and being a portion of a 307.91 acre tract of land described in a deed as recorded in Volume 676, Page 153, of the Deed Records, Denton County, Texas and being more particularly described as follows: COMMENCING from a point from which a brass cap monument found bears South 53° 27' 47" West, a distance of 0.41 feet, said point being in the northeast right-of-way line of STATE HIGHWAY 114, (variable width right-of-way); THENCE, along said northeast right-of-way line of STATE HIGHWAY NO. 114, (variable width right-of-way), North 49° 55' 16" West, a distance of 278.77 feet to a point in the beginning of a curve to the left, said curve having a radius of 3839.72 feet and a chord bearing North 45° 41' 12" West, a distance of 1.86 feet; THENCE, along said northeast right-of-way line of STATE HIGHWAY NO. 114, (variable width right-of-way) and along said curve to the left, through a central angle of 00° 01' 40" and an arc length of 1.86 feet, to an aluminum disk found marked D.O.T.T.O., for the POINT OF BEGINNING, said aluminum disk being the beginning of a curve to the left, said curve having a radius of 3839.72 feet and a chord bearing of North 47° 59' 27" West, a distance of 306.85 feet; THENCE, along said northeast right-of-way line of STATE HIGHWAY NO. 114, (variable width right-of-way) and along said curve to the left, through a central angle of 04° 34' 48" and an arc length of 306.94 feet, to a 5/8 inch iron rod found for corner, said iron rod being the beginning of a curve to the left, said curve having a radius of 2884. 79 feet and a chord bearing North 53° 03' 29" West, a distance of 251.58 feet; THENCE, along said curve to the left, through a central angle of 04° 59' 54" and an arc length of 251.66 feet to a Brass Monument found for corner in said northeast right-of- way line of STATE HIGHWAY NO. 114, (variable width right-of-way), said Brass Monument being the beginning of a curve to the left, said curve having a radius of 1959.86 feet and a chord bearing North 54° 31' 38" West, a distance of 173.50 feet; THENCE, along said northeast right-of-way line of STATE HIGHWAY NO. 114, (variable width right-of-way) and along said curve to the left, through a central angle of 05° 04' 26" and an arc length of 173.56 feet, to a 5/8 inch iron rod with cap marked HUTT ZOLLARD, found for corner, said iron rod being the beginning of a curve to the right, said curve having a radius of 586.27 feet and a chord bearing North 34° 38' 27" East, a distance of 615.96 feet; THENCE, departing said northeast right-of-way line of STATE HIGHWAY NO. 114, (variable width right-of-way), along said curve to the right, through a central angle of 63° 22' 46", at 478.31 feet, passing a 5/8 inch iron rod found with cap marked CARTER & BURGESS and a 487.72 feet, passing a 5/8 inch iron rod found with cap marked CARTER & BURGESS, continuing for a total arc length of 648.52 feet, to a 1/2 inch iron rod set for corner; PD-25 1 Exhibit D Town Council Page 202 of 295 Meeting Date: December 8, 2015 THENCE, North 66° 26' 1 O" East, at 18.11 feet, passing a 5/8 inch iron rod found with cap marked CARTER & BURGESS and continuing for a total distance of 38.27 feet, to a 1/2 inch iron rod set for corner; THENCE, South 80° 49' 52" East, a distance of 186.85 feet to a 1/2 inch iron rod found for corner, said iron rod being the beginning of a curve to the right, said curve having a radius of 540.0 feet and a chord bearing North 21° 51' 34" East, a distance of 57.16 feet; THENCE, along said curve to the right, through a central angle of 06° 04' 02" and an arc length of 57.18 feet, to a 1/2 inch iron rod found for corner; THENCE, North 24° 53' 35" East, a distance of 49.43 feet to a 1/2 inch iron rod set for corner in the westerly right-of-way line of TROPHY WOOD DRIVE, (80 feet, right-of- way), said iron rod being the beginning of a curve to the left, said curve having a radius of 1010.00 feet and a chord bearing South 46° 58' 12" East, a distance of 84.18 feet; THENCE, departing said westerly right-of-way line of TROPHY WOOD DRIVE, (80 feet, right-of-way), along said curve to the left, through a central angle of 04° 46' 37" and an arc length of 84.21 feet, to a 1/2 inch iron rod set for corner in the easterly right-of-way line of TROPHY WOOD DRIVE, (80 feet, right-of-way); THENCE, departing said easterly right-of-way line of TROPHY WOOD DRIVE, (80 feet, right-of-way), South 24° 53' 35" West, a distance of 23.22 feet, to a 1/2 inch iron rod set for corner, said iron rod being the beginning of a curve to the left, said curve having a radius of 460.00 feet and a chord bearing South 21° 51' 34" West, a distance of 48.69 feet; THENCE, along said curve to the right, through a central angle of 06° 04' 02" and an arc length of 48.71 feet, to a 1/2 inch iron rod set for corner; THENCE, South 18° 49' 33" West, a distance of 178.39 feet, to a 1/2 inch iron rod set for corner and beginning of a curve to the right, said curve having a radius of 890.00 feet and a chord bearing South 22° 41' 33" West, a distance of 120.04 feet; THENCE, along said curve to the right, through a central angle of 07° 44' 00" and an arc length of 120.13 feet, to a 1/2 inch iron rod set for corner; THENCE, South 60° 27' 51" East, a distance of 362.31 feet, to a 1/2 inch iron rod set for corner; THENCE, South 89° 35' 09" East, a distance of 485.00 feet, to a 1/2 inch iron rod set for corner in the westerly right-of-way line of T.W. KING ROAD, (variable width right-of- way); THENCE, along said westerly right-of-way line of T.W. KING ROAD, (variable width right-of-way), South 00° 17' 02" West, a distance of 305.12 feet, to a P.K. Nail found for corner; PD-25 2 Exhibit D Town Council Page 203 of 295 Meeting Date: December 8, 2015 THENCE, departing said westerly right-of-way line of T.W. King Road, (variable width right-of-way), North 89° 39' 52" West, a distance of 196.53 feet , to a 1/2 inch iron rod set for corner; THENCE, South 03° 10' 37" West, a distance of 76.33 feet, to a 5/8 inch iron rod with cap marked SEMPCO SURVEYING, found for corner; THENCE, South 53° 27' 47" West, a distance of 137.48 feet, to a 1/2 inch iron rod set for corner; THENCE, West, a distance of 458.63 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds, 16.515 acres or 719,402 square feet of land, more or less. PD-25 3 Exhibit D Town Council Page 204 of 295 Meeting Date: December 8, 2015 PLANNED DEVELOPMENT No. 25 TROPHY WOOD CENTER TROPHY CLUB, TEXAS Exhibit "B" Concept Plan Exhibit D Town Council Page 205 of 295 Meeting Date: December 8, 2015 , ,. / r:!o"zc~/ g11 , omc& usts J'~I, , /, l ,::) r\\r TRACT 7 ...., ---~"z RETAIL~~·,;;;,, USES fy' ~ --1 ·~ I' c5' I ' ,-,..; :,;:~ ),,'? OUT I I o·q~~~~ I, .x-I I "6_,.c~ ~~ ~, I , TRACTl ·~--..... ~~~// // '~ 6 ,' ruh-!ii. ~~ /' ,, ~ ~ J '-., \'fATER1'0lrtR 1 TRACT 2 ) ) TRACT B L7 ~ 09'A~ I ~'o• 22± AC ';;,.. , ------_, -(-< R"1"AfL USES, 'l "'., '-.'-.<., Rl:TAJI. USES .~:;rrw-~I ~ 1/ !l>iJ 1;;:;'-'·.,,--.-1:!o_,.c ~1,11~ ~I ;_:.._,.,~,.,., /, -\'"//d'd>~4,,~~~--8111/!t TRACT& ~I' ..r{.-,... 1 1 /1..i <..,-i-.,~ ~.I' Vi I ~ 2.8:t AC !;! 1 ~Y{l,';:;t "'c,~~~~ ~ll~ll~ R"1"All. OR HOTEL uses ~I,,, 11/ TRACTa ":;;;;,~ ''-... ;;;II II;--~I~ ~ /(,~ 16:tA.C. ~ -....;....._-~ ~---JQ'J..d.NfMCM!_E:..£.?ML_ __ g_jl ',' RETAIL USES ~ .;;:-:: - --: .. .'J~eee=~r._:-=-=-::J ""~· -..:;., rr==-===-.:m:ifH~cfrit~i.1-r.:=.=-=j1 S, '..:; ,~.,,o TRACT 4 ff ,--__iJ ('1', . ' """'-1.6' AC. // II TRACT 5 ~ '9 /."/; .· Z'h RETAit. USES II 2.0:t AC. -' '-s:' .y 0(' <', ~~ // // Rln'IJL OR HOTEL VS<S . 1! ,, // /'/ , 17 0 ~ ;; ,,,, ')[ "'o --z ____ -/ Ll2 / '"' "' --- ' '""' OUT ,/ ''-y/" 0 <( 0 0::: (_') z :;;:: ~ ~ ·<1.ll£SQ!ll'l!O!i a.i.•o II ti=I •I""'" .iiuo!od ~ Ill• w. 1,![t)lm S\JA.~ • .lltST!'l ... Cl lj0. 1!M Q'lcf t~. J. 1-<Dl!\T Sl.IR\tY, .iDSTIU.Cf 110. '-~ll. 0...,l~ C...,,n\1. r.,.,.. ""d hf1>~ a pcrt\or! ar o .l01.;1 ""'• \r~t <>I lll<id de~~ Jn a def!<! ct ~l>!'d~ It! Wvmt !J1S, J'Q9t !SJ, er th• Oee-:1 lhcl:l'6t, Oft'lo.'1 Cll<lnty. TnC1 C<'ld l>t\n9 ,..~ ,,...u~ar1y l!nct1ti-4 H 1"1on: COllYtNONC lrtl'l'I t.1 po~I lreftl t~ld! o t;rcn ~Oil l!'l(ll'l~""ltl'lt lcitind I>~ S&-~t'i ~l' 2t "4-,-Wttl, a Ol•lcM• or ll,41 fut. 94111 !>'*'I ~.ii.9 I'! Ii'• notth..,~I rl9'l\-ol-•ay l\o\t cf S!Aft W'l:;1<W;t,Y 11~. (-lo!.1••111~ l'li;1't-ol-•t11): l'WENCC, ci""'t ~d "orl,.,..,•t ri<;'l\-of-orcr ~"*cf ST.I.rt i'f.CtlWAY 110. IU, (-li>bt-. ,.lo1!1' •\q~l-~t-.01). H..-tn 49' .5$' IS' Wnt, c 11;.tcnn ol 278.77 f"t to o P<>lnt !n th• ho;,.,nh'I of c '~""" I~ U;, !ttt, 1cl<J c..r.. hoWtt o rodlv• ol M.:lt,n 1 .. 1 ,,,.,,,: • cMtO t>H<\,\f Niwlli •S' •1' 12' Wnt. a clt•lon(• er I.Iii fut; 'l'HPlct. O!Oo'lt t<lid M1!1.lltotl rlgh\-of-~1 U.-.t of lT,l,!t 1-l:Cl'IWAY 110. 11~. ('l';!rt:i!J!r .. ~Ill rhj~t-cl-11oy) O'ld a!""lf to:d w""" lo ti!• l1fl, l~rou¢ o untrcf '11'!1Jf-• ol oo• 01• 4Jl' O!!d D~ '7c 1..,~tn cl 1.!111 fffi, lo ~ cll.i"'!""'l"I el•• toi.Nl "'c~•d 0.0.1.1.0., f,y lk• PONT or 9£C»lffiNO, 14\d au,,,r~,,,.. dltio being t'-~ ~t~r.,,,1"11 al o C\/"'11 tc lk• l•lt, ..,14 ,..,,.... 11c...i~'1 c '1111''<>• ol """·1l ffft ""do~~~ t:>o•""t of ""'1.>. 47" ~o· 27' Yr'nl, e ditt.,.,ce ol J~.115 fol; n'ftHct. ,.1..,, s<1!d fl"'1~.i rl9'>t-ot-"'1t II"• al ST.l.Tt 1-11c-.w,o,,1 no, tU, ("'r!ctilo .,l\1V. ll~llt-ol-•ar) ~ o•;mt te!d ¢~,... l<1 !~.•!ti!. l"-""'-'11 a ttflt•<ll' an~• of 0'' J"-' ~· 11t1d ,.,, a•t 1 .... gt11 ol YJ~.t~ lot. 11> 11 5/1! !!'tth lrcn rl!'ll ~4 lat t;brl>•, 1ald VM 11>:1 b-'"11 th• bt11l""ff'lg .,1 ., t.,...... loti Ill• l1tt, .aid t"'"'° ""'""''1 " •<>d:r.I• or 21!1!,.1, fffl Cf'\d 4 cll§J'd i>.O<""'O Nti1'1h "'CJ' u· Wot, .. cr..t11•10 cl 251.SI! IHt n<tHCC, ot...,9 sold .,.,..,,,. 1• Ill.• !of\, W...U!1' • ont•ot o~ql• of Ol' 'i' ~· """'I" "'t J1,,9t11 cl Z5U& lut \0 .. &rioft 1i1 .... .,,.,...,, "'"~Iii ""' C<tn'I ... "' told M•"lllU•l r191'1-cl-ny !!••• GI sr ... tt 1<1t.>-ff1'..\Y NO. ni, {"11'~' orldVI rl11~t-of~•nr). told l!>ctt Mt.<i""1 ... t h"'O ll!t b.-;ltl~ir.9 111 4 I'll,.,. to l.'lt 1.ri. •Cid ~ ~c~ c rffl~• cf 1U9.l!tl In\ oM I ~ b•"'""'I NO<"th ~4' Jl' Jl'l" Wnl c d!1\u"u 111 17J.S<I rtti. ™f:Net. ol""t rcld 11Nt~•I rl~t-ol-•or lifl• nf ST>.!'£ 1-0e11wAY !ll). 114, (vo•!U.11 .. !<tu. 1)91'!-of•.-ay) ~ o!a.1111ald NM tc t~• l•l't. l"-m.1~ a ttft!ral c11<ft ol ~·CH" M• tr1d "' ire !u•~lll cl 11J.!i4 fttt. la o Ve lr-t;11 11<>11 tod •fl.I• c-:t 1'11:11'1<.e<t tl\JTT ZOUAAO, f<>-<1d '"' t...,..v, 1atd \'II" •o4 hli>f 11'• hW,.,,,l~q of .i ~,.,,. to Iii• rt;~t. told C'V,..... """"t , ~. 11f MS.l7 1 .. 1 and o <ll0<d bK'"'t Hort!'> J4' Ja' ::r (~t, •d11\Q'lttol6!S.HfHt; n<[Nct, dfll!Orl't!; uld ""'lll»ll ,~t~of-11oy K~• ol STAT!: ~l'liWAY HO. H~. <-"*I' .-llltl\ r1~1-01-.. a1). fll~f Mid' t.,._ lo l~t rl')l>I, 11\to-.gt> 11 Cf>'\trd O">f1• ~I 43' 22' ~4'. ol 08 31 Int. pcnl~9 o ~/4 ;.,<n 1<..., r"4 !t<.i.W 111111 '® mon.tt CM!TtJI & !!Ullc;tSS Ol!d c ~e7.72 !Ml poo;oln; c ~/8 MCI !re-'\ rr;d fCVt>if or1th c~ ;:;;:. CJ.II.TUI .. alJRG($S, <O<"!""u"'t I"' O lalo1 ett lc~1t~ of 64'J.!i2 fu\, lo o l/l: lf!r;!I !tM fQd St\ I"' Tl<!lltt. N .. tl\ u· 21' 10" !:Ml, ... l!.ll Ifft. P<tt•1'ot 0 !,/& ""'" ~Mo r~4 1-4 •'I~ UIJ mo"'d CAltTUI ,\ SU~ o~d ~~jb>.,E<>t f,y D tol<ll d!t\<!l'>U of Jll.17 fffl. t<1 G 1/2 lo.cl> horo rod •st 1"" c.,.•e>; l'MDlct. $<.o.i\h &:)' 4'' ~2* hit. G 4~\onu of 11!$.&$ Pn\ lo G 1/2 \.'ldt n... r!X! ""'"' fOI' ~Ol'hv, •Qld ::,;;\~"' i;'; ~~~1:'tc:.\." .,1"11~: .. 1:~ ;ir.;i ::_~ -"-'1 o rod;,,,• ol $40.0 '"' er;lt "' c;t,..,.it l'H[!'!tt. ~1 irald ....,_.. to If'!• r~t. l~twi" o ;mire! 0t10'• cf M' o•' 01' """'<If\ "'~ l1~1t~ al .57.!l'l '1"-1. lo D 1/2 Md!""'° r...i f"""lt for ""1'1•"1 N(NIX, H.,,.11'1 24' .5l" J&" rut. o irn.1oroe• of 0.(J f.Mt le o 1/l "'•" !""' •t><f ut 1.,,. «"'•' lo. I~• •utM1 r17>\-al--01 ttM cl TROPHY WOOO Ofl\\'t:. Ceo f"t, rlg/'1-ol-way), «Ill'""" tl'ld h,,.,9 ti>• H<:""'lr!' "' c "',..,. Ii:> I~• !tfl, ~\of eU<¥r """"'9 o roe'\ts cl lO!llOO rm ~d " ~4 b~g So.tt!t •f" !II' 1r Cos\, •ll'>tlcn<•GflH.111ie.t; 1'kt1<ct. df1'1Crtlri9 oo\d ..... 1 ... , lli"t-ol-..oy IN of TI'«'HY V.000 CAI~ (t!O '"'· rl'11\-of-•<1y). olo"9 •~!d '"'""" lo II<• tllft, \1-;o..~ o nn1'ol .,,..Qhi cl 04' .14' lr' ""'d °" °"' \.,,9\~ ol 114..!lt lot. t. c If!! i...;i. 1;..., fad »t /l)t e<>ml!f i., ll'f ll'e1htty 1l~\-'11w11Qy !t..1 cf TJID"'flY 'l!OOO O~\~ (!Kl Int. llqM-ol-1tt1n: =~!~~!Q~1~·~:fr~~~~,~~~);1-J! ~%~ ::ri.~ j~ ~:;!{~:~~-~~:~f· ::..9 $o~l1< 21' $1' 34" \llttl, o 4""1mu cl "4.U fotl; l'H(llC'[, d>0"9 .tOl1I "'"" h t1<1 1'1.)11\, W1>.19'> o e...,!ftll IVl'i• Qt O!' oi' 02· <md ~ ...,. roil~ of q,71 lttl. loo 1/1. IJ\dl ~Oii rod nl fU tl¥Mt; lli(llCC,~ll'!ltl'O'JJ'W.1t. o.tlo!...,t• cl11!..Jtlut. lft• l/21'<el' h"rMH\ fo'c"""v..-.d !;)...i(Mitl;t ef,. <,,....... le tl'o• ·~1. 1<1fd .,...,.,.. hvt~.; G "'alus of tta.00 1..,1 <l"d a ol<<l'd b~;,,g SQ<il~ ll' 'I" .lJ' il'nl, o. dltlent« cl 120.0• "'°\; '!llt1'ct. <1!1»11 to!4 "",.... ta tl'.t rt7\t. 1~rcr..111 a Ul'\llQ! MOl• el or «" co• .,,.4 a". ore lff.111". or \10.ll !Ml. la a 1/2 lr>d\ tr~"' r:>d ut for eM~N: 1't10lct. S...U. i:r 11* )1' tut. c dltt,...u cl JU.JI lffl lo o l/2 h<'I """ rH Ht ""' ~...,.,-, nttl'IC.:C.. s,,.,t11 eo· 's.' oi• r ... i. o <1l1tuM• 111 ~1t'-OO lttt. to • 1/2 i..ttt 1 ... ~ ro<1 ,..1 t'llt" tll<"l.,. ~ tllt •Hltl'ly r!qM-or-•o 11"• el T.w. l't!NO ROAO, (-'o.~!• w!ot~ r~l-M-•oy); ™Ellct, c!°"'g 11014 ,....ht!y rlf'll-<>1-,.or l"'• •I T.W. KINC ltO.l!l. (-'<lt>I• •Mlh rl~M-ol-,.o1), Swl~ 00' 17' Ol" Wot, o <iltlO"n" ol 3tl!..U f«t. loo PX. If<)\ lcli~d 1111< t«~•r: fHt11ct, d~ort;,,9 aa;d ._ .. iwr •\f~\-ol-"y 11'<• ol T.W. k"'t l't""<I, (-11!l>i« .. l;!tl'I •ir>t-ol-uy). W<;rll\ eg• JI' 52' Wnt, o <!lflev>u of 1"-SJ fe•llt , le o 1~. lt>~I> i.on •ell' Ht for t<>'~.r; l'Ktfla;. S....U. OJ' 10' :rr Wut. ~ dlff""" cl "n.J.J Iott. lo a S/'8 "'~ 1r.,... •Od wt\>'! ("P mmd li()l"<:O S\.'JWt'l'l"<C, fou~d IOI' CDrntr; "l'WEJCct, Swtl't w· 2r 4.7' llttt. o dlato"'u or 137.~A 1 ... 1, tc a 1/2 -.¢11 :,.,,,.. ,~ ut l:.r c.,..,,.. n<!N::(, W..l " llltlcn~ .,, 4SIUl '"I t~ \h f"QIH or erow~lNC. CONT,1<111>1C .a~n tt.u• m•ttt .,-.,,; !Fc""jlt. \S,!1.5 aero o• 119,~01 114"~ flt! "' wid, m...-1 f>f' 101. 0 GRAPHIC SCALE: 1s;..,..i;;;;;U .,. i t :x fl'%':'} I ~i.~ 100 n.. NOTt: 1. RETAIL usrs SHAll lNCLl!OE ALL Rt:TAIL, RESTAURANT. >J{O Olm't:-IN RESTAURANT US(S. 2. OE:Pil-t or FRONT YARO. n:n: CT1!R( SHALL DC A FRONT YARD HAVlNC A DEPTH OF NOT t.E:SS THAN ThlRTY (30) f(ET. J, 0Ef>TI1 Of REAR YARD, mT: Tl-f(R( SHALL 8£ A R(AR 'YARO HAVING A DEPTH Of NOT LtSS nlAN TtH {IO) Ft£T. ~ACT 6 SHALL BE A TH\R1i' (JO) n:tr REAR '11:.AR AOJA.Cl:Nf TO REStOENTIA.L ZOHED LAND, 4, OEPTH or $10( VARO ON EACH S!OE, i:t:ETt ™ERE SHAU. ar A $10( 'fARO HA\1NC A O(PTH Cf' NOT LESS 'ltiAN TEN (10) f'((T. TRoPHY WOotl CfJHtR PROPERN DA.TA T'llACfl -U ACRU lltJ.CT 2 -0..9ACR(S nu.er J -1.s .1oe11:(s TR.\Cf 4 -!,~ J.CR!:S Tlt..\CTS-:.0At:1lf:S m.-.cr11-1.0 ... c»ts m.1.ct1-l.l!IACRtS m.i..cra-l.l>oi..:s 1l!ACt9-2.l!ACRES T'llOPHY WOOO Oltl\'t -I,! ACl'!tS rot"l. ,0..Cl't(S -111.!. Ac;t(S .l.U. .lCR(.l.C(S .l!i<'.l BOUMl>.l!t,(S .I.~[ APM!0'(11Uf(. RITTRtnSIJ>tl("t'SrOl!-r.NAlOAU. EXHIBIT "B" CONCEPT PLAN PLANNED DEVELOPMENT ZONING 18 ACRES TROPHY WOOD CENTER TROPHY CLUB. TEXAS " PATE ~ENGINEERS 81!SO DF?OOKFUVE:R ORJVC, SUIT£: S-700. OALLA.S, TtXAS 15247 T(L! {214)357-2961 f'AX (214) J57-29fl5 JOil HO. 089&00Sotl (U,f[t tlOYtlAlll:~ 2002 !l'Ht[T f or 1 Exhibit D Town Council Page 206 of 295 Meeting Date: December 8, 2015 PLANNED DEVELOPMENT No. 25 TROPHY WOOD CENTER TROPHY CLUB, TEXAS Exhibit "C" Development Standards Exhibit D Town Council Page 207 of 295 Meeting Date: December 8, 2015 DEVELOPMENT STANDARDS TROPHY WOOD CENTER TROPHY CLUB, TEXAS The development of the Land described in Exhibit "A" -Legal Description (a copy of which is attached hereto and incorporated herein) consisting of approximately 16.5 acres of land shall be in accordance with Exhibit "B" -Concept Plan of the development (a copy of which is attached hereto and incorporated herein), all other Exhibits attached to or incorporated herein, the Comprehensive Zoning Ordinance, all other applicable ordinances and regulations of the Town of Trophy Club, and the following Development Standards, conditions and requirements: A. Purpose: This Planned Development is designed to accommodate a variety of retail and commercial uses. For development purposes, the Land is divided into nine tracts (Tracts 1-9 as shown on Exhibit "B"), and the use and development of each of the tracts shall be in accordance with the following: 1. Tracts 1-9 (as depicted in Exhibit "8"): The following standards shall apply to Tracts 1-9: a. Size of Tracts: Tract 1 shall contain approximately 1.1 acres of land Tract 2 shall contain approximately 0.9 acres of land Tract 3 shall contain approximately 1.55 acres of land Tract 4 shall contain approximately 1.5 acres of land Tract 5 shall contain approximately 2.0 acres of land Tract 6 shall contain approximately 1.0 acres of land Tract 7 shall contain approximately 1.8 acres of land Tract 8 shall contain approximately 2.2 acres of land Tract 9 shall contain approximately 2.8 acres of land Trophy Wood Drive shall contain approximately 1.6 acres of land b. Uses Generally: In the development and use of Tract 1-9, no land shall be used and no building or structure shall be installed, erected, or converted to any use other than the following: c. Permitted Uses: (1) Tract 1-5 and 7-9 shall allow all uses indicated in the Use List (2) Tract 6 shall allow all uses indicated with an asterisk (*). PD-25 1 Exhibit D Town Council Page 208 of 295 Meeting Date: December 8, 2015 Use List *Accounting Office *Administrative, Executive, Editorial Office *Architectural, Engineering, Planning Office Art Studio Art Supply Store Arts, Crafts, Hobby Shops *Attorney's Office Audio, Video, Stereo Sales (no arcade games or adult rentals) Bakery Shop Bank Building and Drive-Thru *Barber, Beauty, Styling Shops Bath Shop Bicycle Shop Book Stores Cameras I Film Processing Store Car Accessories.Sales Cards and Gift Sales Children's Wear Shop China and Glassware Sales Computer I Software Sales and Service Confectionary Shop Cosmetic I Beauty Supply Shop Curtain and Drapes Shop Dairy Food Shop Dance Studio Drug Store, Apothecary, Pharmacy Dry Cleaner, Pick up and Drop Off Dry Cleaning Plant Duplication and Mailing Service Electrical Goods and Fixtures Fabric and Knitting Shop Floor Coverings Shops Florist Food Service Formal Wear/Rental Store Furniture Sales Grocery Store Hardware Store *Health, Athletic Shops Household Appliance Store Household Furnishings, Fixtures Ice Cream Shop *Insurance Office Jewelry, Watch Store Juice Store PD-25 2 Kitchen Store Lamp Sales Laundry and Dry Cleaning (on-site dry cleaning facility limited to Exxon DF-2000 or equivalent.) This facility shall not provide equipment or services for another laundry or dry cleaning location Luggi;ige and Leather Sales Mailing and Packaging/Post Office *Massage Shop *Medical, Dental, Chiropractic, Optometry, etc. Men's Wear Shop Music Store Nail Salon Newspaper/Magazine Sales Office Supplies Store Party Supplies Store Pawn Shop *Personal I Family Counselor Pharmacy Photographic Service Studio *Physician and/ or Dentist Picture Framing Store Printing, Publishing, Engraving *Public Secretary *Real Estate Office Restaurant Restaurant, Drive-In Restaurant, with Alcoholic Beverage Sales Shoe Repair Shop Shoe Store Sporting Goods Store Sports Bar Stationery-School Supplies Sales Tailor Shop Telephone Store Tobacco Sales Toys Store *Travel Bureau or Agency Wallpaper, Paint Store Wearing Apparel Shop *Weight Reduction Studio Women's Ready-To-Wear/Women's Specialty Shop Exhibit D Town Council Page 209 of 295 Meeting Date: December 8, 2015 (3) Tracts 5, 7 and 9 shall allow hotel uses, either full-service or limited stay facilities. Limited stay facilities shall not require facilities for meetings, conferences or full service dining. d. Limitation of Uses: Any use not expressly permitted herein or allowed by permit in the designated zoning district is prohibited. e. Area Building and Site Regulations: (1) Maximum Building Coverage: The combined area of all main and accessory buildings shall not exceed sixty percent (60%) of the total site area. (2) Maximum Impervious Area: The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total site area. (3) Minimum Open Spaces: All areas (but in any event at least twenty percent [20%] of the total site area) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (4) Depth of Front Yard*: There shall be a front yard having a depth of not less than thirty feet (30'). (5) Depth of Rear Yard*: There shall be a rear yard having a depth of not less than ten feet (1 O'). Tract 6 shall have a thirty-foot (30') rear yard adjacent to residentially zoned land. (6) Width of Side Yard on each Side: A minimum of a ten foot (1 O') side yard shall be required. (7) Height: With the exception of hotels, no building or structure shall exceed forty feet (40') in height or two (2) stories maximum. Any structure adjoining or contiguous to a residentially zoned district shall not exceed twenty-eight feet (28') or one (1) story in height. Hotels shall not exceed sixty- five feet (65') or four (4) stories in height. Building and/or structure heights shall be measured from the adjacent finished sidewalk elevation. *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. f. Parking & Loading Regulations: The minimum number of off-street parking spaces shall comply with Section 48 of the Comprehensive PD-25 3 Exhibit D Town Council Page 210 of 295 Meeting Date: December 8, 2015 ~---- Zoning Ordinance. Off-street loading shall be in accordance with Section 49, "Off-Street Loading Requirements," of the same. Hotel uses shall provide a minimum of one (1) parking space for each room. Other uses within the hotel shall provide parking in compliance with Section 48. Handicapped parking, including van accessible spaces, shall be provided according to Town standards. B. Additional Development Standards: 1. Landscaping: Landscaping shall be provided as required by applicable ordinances, including but not limited to the Comprehensive Zoning Ordinance as amended, Section 47, Landscaping Regulations, and Article 8 of the Subdivision Regulations, except as specifically provided below: a. Hedges and/or berming shall be utilized along street frontages, when possible, to screen parking from public view. b. All landscaping areas shall be irrigated. c. Landscaping shall be maintained by the developer/owner of the d. land. Any dead landscaping material shall be removed and replaced within forty-five (45) days. All plant materials must be selected from the mandatory plant list which shall be in accordance with the Approved Tree Planting List, as outlined in Article 8 of the Subdivision Regulations. The Landscape Plan & Plant List shall be submitted for Town approval in the form of an ordinance amendment at a later date. e. A minimum landscape strip of fifteen feet (15') shall be provided along State Highway 114 and fifteen feet (15') along Trophy Wood Drive and ten feet (1 O') along all common driveways. f. The initial stage of development, site landscaping shall be installed in the right-of-way of Trophy Wood Drive. (1) Landscaping shall consist of live tree planting consisting of three inch (3") caliper trees planted a maximum of fifteen feet (15') on center. Trees shall include a variety providing rapid growth and dense foliage, as well as evergreen type trees such as Live Oaks, which bear leaves all year round. (2) Maintenance of the median landscaping at this location shall be the responsibility of the developer/owner for a period of twelve (12) months from the completion of the planting. The Town of Trophy Club shall assume and care after twelve PD-25 4 Exhibit D Town Council Page 211 of 295 Meeting Date: December 8, 2015 (12) months. The irrigation for the off-site landscaping shall, after the initial installation, be the responsibility of the Town of Trophy Club. g. The caliper of a tree is defined as the diameter of the tree trunk as measured at the point twelve inches (12") above the finished grade in accordance with standard nursery practice. h. Tree preservation shall be in accordance with applicable ordinances, including but not limited to Section 47 of the Comprehensive Zoning Ordinance and Article 8 of the Subdivision Regulations. (1) Landscaping adjacent to residentially zoned land shall contain evergreen shade trees to provide adequate screening year-round. Detailed Landscape Plans, sealed by a registered landscape architect shall be provided on each tract at the time of the Final Site Plan submittal, which shall require Town Council approval upon recommendation by the Planning & Zoning Commission, following appropriate publication and notification of affected parties. 2. Hours of Operation of Uses: Hours of operation for the retail and restaurant uses set forth herein shall be from 6:00 am to 2:00 am. Hotel uses shall operate twenty-four (24) hours per day. Normal business hours for office uses shall be 7:00 am to 10:00 pm. No outside sales of any kind shall be conducted, including but not limited to, truck lot, pedestrian walkway, tent or other sales. 3. Building Materials: All main and accessory buildings shall be of exterior fire resistant construction having one hundred percent (100%) of the total exterior walls, excluding doors, windows and porches, constructed of natural or manufactured stone, concrete, brick, stucco, split face concrete block or other material of equal characteristics in accordance with the Town's Building Codes and Fire Codes. All buildings and structures shall be veneered with stone and shall have a dull finish metal type roof and EIFS trim. Alternate materials may be used if approved by the Planning & Zoning Commission. Color selection for roof material shall be approved by the Town Council upon recommendation from the Planning and Zoning Commission prior to issuance of building permits. 4. Lighting: All parking lot lighting shall be located approximately as shown on the Final Site Plan. Lighting fixtures shall be a maximum total height of PD-25 5 Exhibit D Town Council Page 212 of 295 Meeting Date: December 8, 2015 twenty-five feet (25') on twenty-four inch (24") concrete bases. Ornamental street lights at the perimeter drive approaches shall have lighting fixtures mounted on twelve foot (12') poles or two foot (2') concrete bases and shall not exceed a maximum height of fourteen feet (14'). Total height of lighting fixtures shall be measured from the adjacent ground. All lighting shall be oriented down and away from all adjacent properties. Building lighting shall be mounted to the building face or in ground fixtures and shall be oriented as to wash the building with light. Wall mounted down directional lights will be on the rear of buildings and perimeter light will be shielded to minimize overspill. Perimeter lighting shall be designed to reflect away from adjacent residential areas. Foot- candle limitations at residential property lines and right-of-way lines should not exceed 0.1 foot candle. Foot-candles on site shall average 2.5 foot- candle and not exceed 8.0 foot-candle. A photometric plan shall be included with the Final Site Plan. 5. Screening & Fencing: Fencing adjacent to residentially zoned land shall provide brick veneer columns on eight-foot (8') high wood panels of sealed. cedar or redwood. 6. Signage: Prior to the issuance of a building permit for the Land or any part thereof, an overall sign plan, accompanying the Final Site Plan for the Land must be approved by the Town Council upon recommendation from the Planning & Zoning Commission. Additionally, written signage standards shall be approved by the Town Council upon recommendation of the Planning & Zoning Commission at a later date, in the form of an amendment to this Ordinance. 7. Fire Lanes: Fire lanes will be shown on the Final Site Plan. Location and details shall be provided at the time of the Final Site Plan submittal and shall be approved by the fire department. 8. Final Site Plan: The Final Site Plan shall be submitted to the Planning & Zoning Commission and Town Council for approval. Such approval shall be in the form of an ordinance duly adopted by the Town Council, upon recommendation from the Planning & Zoning Commission. Upon approval, the Final Site Plan shall become an amendment to this Ordinance. In the event of any conflicts between this ordinance and such approved Final Site Plan, the Ordinance adopting the Approved Final Site Plan shall control. 9. Outdoor Storage: No outdoor storage, except for refuse disposal, shall be permitted on the land. Dumpster location shall be subject to the prior approval of the Planning & Zoning Commission. Dumpsters are to be enclosed on all sides with masonry walls and gates of a similar PD-25 6 Exhibit D Town Council Page 213 of 295 Meeting Date: December 8, 2015 architectural style of the buildings. Minimum height of the enclosures shall be determined by the height of the dumpster. When possible, landscaping shall provide additional screening for the enclosure. Operating hours for trash seNice shall be in accordance with the Town of Trophy Club standards. 10. Mechanical & Electrical Equipment: Mechanical and electrical equipment, including air conditioning units, shall be designed, installed, and operated to minimize noise impact on surrounding property. All such screening shall be screened from public view. Equipment screening shall not be considered as a part of building height. 11. Amendments to the Site Plan: Amendments to the Site Plan for items that are not determined to be substantial by the Planning & Zoning Administrator shall be permitted. The Planning & Zoning Administrator shall determine items as not substantial. 12. Notwithstanding any contrary provision in the Ordinance or any exhibits . hereto, the final approvals listed below must be obtained from the Town prior to the issuance of any building permits. Such approvals must be made by an Ordinance amending this Ordinance creating PD Planned Development No. 25: a. Final Site Plan approval, including but not limited to Landscape Plan and Plat List b. Building Elevations c. Sight Line Studies d. Civil Site Plan e. Photometric Plan & Light Fixtures Illustrations f. Sign Criteria g. Retaining Wall and Fence Criteria; and h. Development Schedule PD-25 7 Exhibit D Town Council Page 214 of 295 Meeting Date: December 8, 2015 DEVELOPMENT STANDARDS TROPHY WOOD CENTER TROPHY CLUB, TEXAS The development of the Land described in Exhibit "A" -Legal Description (a copy of which is attached hereto and incorporated herein) consisting of approximately 16.5 acres of land shall be in accordance with Exhibit "B" -Concept Plan of the development (a copy of which is attached hereto and incorporated herein), all other Exhibits attached to or incorporated herein, the Comprehensive Zoning Ordinance, all other applicable ordinances and regulations of the Town of Trophy Club, and the following Development Standards, conditions and requirements: A. Purpose: This Planned Development is designed to accommodate a variety of retail and commercial uses. For development purposes, the Land is divided into nine tracts (Tracts 1-9 as shown on Exhibit "B"), and the use and development of each of the tracts shall be in accordance with the following: 1. Tracts 1-9 (as depicted in Exhibit "B"): The following standards shall apply to Tracts 1-9: a. Size of Tracts: Tract 1 shall contain approximately 1.1 acres of land Tract 2 shall contain approximately 0.9 acres of land Tract 3 shall contain approximately 1.55 acres of land Tract 4 shall contain approximately 1.5 acres of land Tract 5 shall contain approximately 2.0 acres of land Tract 6 shall contain approximately 1.0 acres of land Tract 7 shall contain approximately 1.8 acres of land Tract 8 shall contain approximately 2.2 acres of land Tract 9 shall contain approximately 2.8 acres of land Trophy Wood Drive shall contain approximately 1.6 acres of land b. Uses Generally: In the development and use of Tract 1-9, no land shall be used and no building or structure shall be installed, erected, or converted to any use other than the following: c. Permitted Uses: (1) Tract 1-5 and 7-9 shall allow all uses indicated in the Use List (2) Tract 6 shall allow all uses indicated with an asterisk (*). PD-25 1 Exhibit D Town Council Page 215 of 295 Meeting Date: December 8, 2015 Use list *Accounting Office *Administrative, Executive, Editorial Office *Architectural, Engineering, Planning Office Art Studio Art Supply Store Arts, Crafts, Hobby Shops *Attorney's Office Audio, Video, Stereo Sales (no arcade games or adult rentals) Bakery Shop Bank Building and Drive-Thru *Barber, Beauty, Styling Shops Bath Shop Bicycle Shop Book Stores Cameras I Film Processing Store Car Accessories Sales Cards and Gift Sales Children's Wear Shop China and Glassware Sales Computer I Software Sales and Service Confectionary Shop Cosmetic I Beauty Supply Shop Curtain and Drapes Shop Dairy Food Shop Dance Studio Drug Store, Apothecary, Pharmacy Dry Cleaner, Pick up and Drop Off Dry Cleaning Plant Duplication and Mailing Service Electrical Goods and Fixtures Fabric and Knitting Shop Floor Coverings Shops Florist Food Service Formal Wear/Rental Store Furniture Sales Grocery Store Hardware Store *Health, Athletic Shops Household Appliance Store Household Furnishings, Fixtures Ice Cream Shop *Insurance Office Jewelry, Watch Store Juice Store PD-25 2 Kitchen Store Lamp Sales Laundry and Dry Cleaning (on-site dry cleaning facility limited to Exxon DF-2000 or equivalent.) This facility shall not provide equipment or services for another laundry or dry cleaning location Luggage and Leather Sales Mailing and Packaging/Post Office *Massage Shop *Medical, Dental, Chiropractic, Optometry, etc. Men's Wear Shop Music Store Nail Salon Newspaper/Magazine Sales Office Supplies Store Party Supplies Store Pawn Shop *Personal I Family Counselor Pharmacy Photographic Service Studio *Physician and/ or Dentist Picture Framing Store Printing, Publishing, Engraving *Public Secretary *Real Estate Office Restaurant Restaurant, Drive-In Restaurant, with Alcoholic Beverage Sales Shoe Repair Shop Shoe Store Sporting Goods Store Sports Bar Stationery-School Supplies Sales Tailor Shop Telephone Store Tobacco Sales Toys Store *Travel Bureau or Agency Wallpaper, Paint Store Wearing Apparel Shop *Weight Reduction Studio Women's Ready-To-Wear/Women's Specialty Shop Exhibit D Town Council Page 216 of 295 Meeting Date: December 8, 2015 (3) Tracts 5, 7 and 9 shall allow hotel uses, either full-service or limited stay facilities. Limited stay facilities shall not require facilities for meetings, conferences or full service dining. d. Limitation of Uses: Any use not expressly permitted herein or allowed by permit in the designated zoning district is prohibited. e. Area Building and Site Regulations: (1) Maximum Building Coverage: The combined area of all main and accessory buildings shall not exceed sixty percent (60%) of the total site area. (2) Maximum Impervious Area: The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total site area. (3) Minimum Open Spaces: All areas (but in any event at least twenty percent [20%] of the total site area) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (4) Depth of Front Yard*: There shall be a front yard having a depth of not less than thirty feet (30'). (5) Depth of Rear Yard*: There shall be a rear yard having a depth of not less than ten feet (1 O'). Tract 6 shall have a thirty-foot (30') rear yard adjacent to residentially zoned land. (6) Width of Side Yard on each Side: A minimum of a ten foot (1 O') side yard shall be required. (7) Height: With the exception of hotels, no building or structure shall exceed forty feet (40') in height or two (2) stories maximum. Any structure adjoining or contiguous to a residentially zoned district shall not exceed twenty-eight feet (28') or one (1) story in height. Hotels shall not exceed sixty- five feet (65') or four (4) stories in height. Building and/or structure heights shall be measured from the adjacent finished sidewalk elevation. *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. f. Parking & Loading Regulations: The minimum number of off-street parking spaces shall comply with Section 48 of the Comprehensive PD-25 3 Exhibit D Town Council Page 217 of 295 Meeting Date: December 8, 2015 Zoning Ordinance. Off-street loading shall be in accordance with Section 49, "Off-Street Loading Requirements," of the same. Hotel uses shall provide a minimum of one (1) parking space for each room. Other uses within the hotel shall provide parking in compliance with Section 48. Handicapped parking, including van accessible spaces, shall be provided according to Town standards. B. Additional Development Standards: 1. Landscaping: Landscaping shall be provided as required by applicable ordinances, including but not limited to the Comprehensive Zoning Ordinance as amended, Section 47, Landscaping Regulations, and Article 8 of the Subdivision Regulations, except as specifically provided below: a. Hedges and/or berming shall be utilized along street frontages, when possible, to screen parking from public view. b. All landscaping areas shall be irrigated. c. Landscaping shall be maintained by the developer/owner of the land. Any dead landscaping material shall be removed and replaced within forty-five (45) days. d. All plant materials must be selected from the mandatory plant list which shall be in accordance with the Approved Tree Planting List, as outlined in Article 8 of the Subdivision Regulations. The Landscape Plan & Plant List shall be submitted for Town approval in the form of an ordinance amendment at a later date. e. A minimum landscape strip of fifteen feet (15') shall be provided along State Highway 114 and fifteen feet (15') along Trophy Wood Drive and ten feet (1 O') along all common driveways. f. The initial stage of development, site landscaping shall be installed in the right-of-way of Trophy Wood Drive. (1) Landscaping shall consist of live tree planting consisting of three inch (3") caliper trees planted a maximum of fifteen feet (15') on center. Trees shall include a variety providing rapid growth and dense foliage, as well as evergreen type trees such as Live Oaks, which bear leaves all year round. (2) Maintenance of the median landscaping at this location shall be the responsibility of the developer/owner for a period of twelve (12) months from the completion of the planting. The Town of Trophy Club shall assume and care after twelve PD-25 4 Exhibit D Town Council Page 218 of 295 Meeting Date: December 8, 2015 (12) months. The irrigation for the off-site landscaping shall, after the initial installation, be the responsibility of the Town of Trophy Club. g. The caliper of a tree is defined as the diameter of the tree trunk as measured at the point twelve inches (12") above the finished grade in accordance with standard nursery practice. h. Tree preservation shall be in accordance with applicable ordinances, including but not limited to Section 47 of the Comprehensive Zoning Ordinance and Article B of the Subdivision Regulations. (1) Landscaping adjacent to residentially zoned land shall contain evergreen shade trees to provide adequate screening year-round. Detailed Landscape Plans, sealed by a registered landscape architect shall be provided on each tract at the time of the Final Site Plan submittal, which shall require Town Council approval upon recommendation by the Planning & Zoning Commission, following appropriate publication and notification of affected parties. 2. Hours of Operation of Uses: Hours of operation for the retail and restaurant uses set forth herein shall be from 6:00 am to 2:00 am. Hotel uses shall operate twenty-four (24) hours per day. Normal business hours for office uses shall be 7:00 am to 10:00 pm. No outside sales of any kind shall be conducted, including but not limited to, truck lot, pedestrian walkway, tent or other sales. 3. Building Materials: All main and accessory buildings shall be of exterior fire resistant construction having one hundred percent (100%) of the total exterior walls, excluding doors, windows and porches, constructed of natural or manufactured stone, concrete, brick, stucco, split face concrete block or other material of equal characteristics in accordance with the Town's Building Codes and Fire Codes. All buildings and structures shall be veneered with stone and shall have a dull finish metal type roof and EIFS trim. Alternate materials may be used if approved by the Planning & Zoning Commission. Color selection for roof material shall be approved by the Town Council upon recommendation from the Planning and Zoning Commission prior to issuance of building permits. 4. Lighting: All parking lot lighting shall be located approximately as shown on the Final Site Plan. Lighting fixtures shall be a maximum total height of PD-25 5 Exhibit D Town Council Page 219 of 295 Meeting Date: December 8, 2015 twenty-five feet (25') on twenty-four inch (24") concrete bases. Ornamental street lights at the perimeter drive approaches shall have lighting fixtures mounted on twelve foot (12') poles or two foot (2') concrete bases and shall not exceed a maximum height of fourteen feet (14'). Total height of lighting fixtures shall be measured from the adjacent ground. All lighting shall be oriented down and away from all adjacent properties. Building lighting shall be mounted to the building face or in ground fixtures and shall be oriented as to wash the building with light. Wall mounted down directional lights will be on the rear of buildings and perimeter light will be shielded to minimize overspill. Perimeter lighting shall be designed to reflect away from adjacent residential areas. Foot- candle limitations at residential property lines and right-of-way lines should not exceed 0.1 foot candle. Foot-candles on site shall average 2.5 foot- candle and not exceed 8.0 foot-candle. A photometric plan shall be included with the Final Site Plan. 5. Screening & Fencing: Fencing adjacent to residentially zoned land shall provide brick veneer columns on eight-foot (8') high wood panels of sealed cedar or redwood. 6. Signage: Prior to the issuance of a building permit for the Land or any part thereof, an overall sign plan, accompanying the Final Site Plan for the Land must be approved by the Town Council upon recommendation from the Planning & Zoning Commission. Additionally, written signage standards shall be approved by the Town Council upon recommendation of the Planning & Zoning Commission at a later date, in the form of an amendment to this Ordinance. 7. Fire Lanes: Fire lanes will be shown on the Final Site Plan. Location and details shall be provided at the time of the Final Site Plan submittal and shall be approved by the fire department. 8. Final Site Plan: The Final Site Plan shall be submitted to the Planning & Zoning Commission and Town Council for approval. Such approval shall be in the form of an ordinance duly adopted by the Town Council, upon recommendation from the Planning & Zoning Commission. Upon approval, the Final Site Plan shall become an amendment to this Ordinance. In the event of any conflicts between this ordinance and such approved Final Site Plan, the Ordinance adopting the Approved Final Site Plan shall control. 9. Outdoor Storage: No outdoor storage, except for refuse disposal, shall be permitted on the land. Dumpster location shall be subject to the prior approval of the Planning & Zoning Commission. Dumpsters are to be enclosed on all sides with masonry walls and gates of a similar PD-25 6 Exhibit D Town Council Page 220 of 295 Meeting Date: December 8, 2015 architectural style of the buildings. Minimum height of the enclosures shall be determined by the height of the dumpster. When possible, landscaping shall provide additional screening for the enclosure. Operating hours for trash service shall be in accordance with the Town of Trophy Club standards. 1 O. Mechanical & Electrical Eauioment: Mechanical and electrical equipment, including air conditioning units, shall be designed, installed, and operated to minimize noise impact on surrounding property. All such screening shall be screened from public view. Equipment screening shall not be considered as a part of building height. 11. Amendments to the Site Plan: Amendments to the Site Plan for items that are not determined to be substantial by the Planning & Zoning Administrator shall be permitted. The Planning & Zoning Administrator shall determine items as not substantial. 12. Notwithstanding any contrary provision in the Ordinance or any exhibits hereto, the final approvals listed below must be obtained from the Town prior to the issuance of any building permits. Such approvals must be made by an Ordinance amending this Ordinance creating PD Planned Development No. 25: a. Final Site Plan approval, including but not limited to Landscape Plan and Plat List b. Building Elevations c. Sight Line Studies d. Civil Site Plan e. Photometric Plan & Light Fixtures Illustrations f. Sign Criteria g. Retaining Wall and Fence Criteria; and h. Development Schedule PD-25 7 Exhibit D Town Council Page 221 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO 2008-40 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2002-41 P&Z, KNOWN AS PD PLANNED DEVELOPMENT DISTRICT NO. 25, TROPHY WOOD BUSINESS CENTER, BY AMENDING EXHIBIT "D" ENTITLED "SITE PLANS", TO ADOPT A DETAILED FINAL SITE PLAN FOR TRACT 7 AS SET FORTH IN THIS AMENDMENT AND IN EXHIBITS 7-1 THROUGH 7-11 TO EXHIBIT "D"; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO INCLUDE EXHIBITS 7-1 THROUGH 7-11 PROVIDING A FINAL DETAILED SITE PLAN, A LANDSCAPE PLAN AND PLANT LIST, BUILDING ELEVATIONS, SITE LINE STUDIES, A PHOTOMETRIC PLAN AND LIGHT FIXTURE ILLUSTRATIONS, SIGN CRITERIA, RETAINING WALL AND FENCE CRITERIA AND A DEVELOPMENT SCHEDULE; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENAL TY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Counci l of the Town of Trophy Club, Texas (the "Town"), is authorized and empowered by law, in accordance with Chapter 212 of the Texas llocal Government Code, to regulate the subdivision of land and property development within the Town ; WHEREAS, on 2 December, 2002, the Town adopted Ordinance No. 2002-41 P&Z, amending Ordinance No. 2000 -06 P&Z of the Town, the same being the Comprehensive Zoning Ordinance, and amending the official zoning map of the Town by changing the zoning on a certain tract of land described as a 16.0 acre tract of land located generally to the North of State Highway 114, West of T.W. King Road, and South of Hanna and Jamie Court, from it's then current zoning of "CG", Commercial General, to PD Planned Development No . 25, Trophy Wood Business Center; and WHEREAS, the developer of Tract 7 has requested an amendment to PD- 25 for the purpose of seeking approva l of a Final Detailed Site Plan, Landscape Plan and Plant Li st, Building Elevations, Sig ht Line Studies, Photometric Plan and Light Fixture Illustrations, Sign Criteria, Retaining Wall & Fence Criteria, and Ordinance 2008-40 1 Exhibit D Town Council Page 222 of 295 Meeting Date: December 8, 2015 a Development Schedule, fo r Tract 7 and such amendments a re set forth herein and in Exhibits 7-1 through 7-1 1 to Exhib it "D" en titled "Site Plans"; a nd WHEREAS , all lega l notices, requ irements and cond it ions having been complied with , th e case to rezon e the Land came before the Planning and Zoning Commission ; and WHEREAS, after public notices were given in comp li ance with State law and public hearings we re conducted, and aft e r cons id ering the informatio n subm itted at those public hearings and all other relevant informat ion and materials, the Planning and Zoning Commission of the T own has recommended to the Town Counci l t he adoption of the amendments to Ordinance No . 2002-41 P&Z as set forth in this Ord inance ; and WHEREAS, after complying with all lega l notices, req uire ments, and co ndition s, a public hearing wa s held before Town Council at which the Town Counci l conside red, among other thin gs, the cha ra cter of t he land and its su itabi lity for particular uses, with a view of encouragi ng the most appropriate use of land in the Town , and does he reby find that the rezoni ng approved he re by accompl ishes such objectives; and WHEREAS, the Town Cou ncil has determined th at there is a necessity a nd need for th e chang e in zo ning and that th e proposed chang e is consistent with the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: SECTION 1. INCORPORATION OF PREMISES Th at th e above a nd foregoing premi ses are true and correct and are incorporated herein and made a part hereof for all purpo ses. SECTION 2. AMENDMENT Exhibit "D" entitled "Site Plans" of Ordinance No . 2002-4 1 P&Z of the Town of Trophy Club, Texas, the same being PD Plann ed Deve lop m en t No. 25, Trophy Wood Business Center, is hereby amended to add the following regu lations relating to Tract 7 of the Land to Ex hibit "D" and to incorporate Exhibits 7.1 through 7.1 1 to Exhibi t "D" so that Exhibit "D" sha ll inclu de the following and sha ll also include Exhi bits 7 .1 through 7.11 , and all other articles, chapte r, sect ions , paragraphs , se nte nce, phrases and words are not ame nded b ut are hereby ratified and affirmed . Ordinance 2008-40 2 Exhibit D Town Council Page 223 of 295 Meeting Date: December 8, 2015 TRACT7: A. Final Detailed Site Plan: A Final Detailed Site Plan for Tract 7 of this PD Planned Development, and all parts th erefo re, is attac hed hereto as Exhibit "7 .1 ", Final Detailed Site Plan , and incorporated herein as if copied in its entirety. The Final Detailed Site Plan shall be adhered to in carrying out the deve lopment of Tract 7 of the Land and compliance with each and every part of such Final Detailed Site Plan shall constitute as a condition precedent to the issuance of any building permit for T rac t 7 of th e land in th e PD Planned Development District. B. Land scape Plan & Plant Li st: The land sca pe plan and plant list for Tract 7 of this PD Planned Development are attached hereto as Exhibit "7.2 ", "Landscape Plan and Plant List", and are incorporated herein as if copied in their entirety. C. Irrigation Plan: The irrigation plan for Tract 7 of this PD Planned Deve lopm ent are attached hereto as Exhibit "7.3", "Irrigation Plan", and are in corpo rated here in as if cop ied in their entirety . D. Building Elevations . The building elevations for Tract 7 of this PD Planned Deve lopme nt a re atta ched hereto as Exhibit "7 .4", "Building Elevations", and are incorporated herein as if copied in th eir entirety. E. Site Line Studies. The site line studies for Tract 7 of this PD Planned Development are attached hereto as Exhibit "7 .5", "Site Line Stud ies", and are in co rporat ed herein as if cop ied in their entirety. F. Photometric Plan and Light Fi xtures. A photometric plan and light fixture requirements for Tract 7 of this PD Planned Development are set forth as Exhibits "7 .6" and "7 .7", "Photometric Plan and Light Fixtures", whi ch is attac hed hereto and incorporated here in as if copied in its entirety. G. Sign Criteria. Sign age requ ireme nt s for Tract 7 of thi s PD Planned Development are set forth as Ex hibits "7.8", "7.9", and "7.1 O", "S ign Cri te ria", which is attached and incorporated herein as if copied in its entirety . H. Retaining Wall and Fence Criteria. The retaining wall surrounding the swimming pool for Tra ct 7 of thi s PD Planned Development are included as part of th e Final Site Plan in Exh ibit 7.1, whi ch is attached hereto and incorporated here in as if copied in its entirety. Ordinance 2008-40 3 Exhibit D Town Council Page 224 of 295 Meeting Date: December 8, 2015 I. Developmen t Schedule. The development schedule for Tract 7 of this PD Plann ed Deve lopment is set forth as Exhibit "7.11 ", "Development Schedule", which is attached he re to and incorporated herein as if copied in its entirety. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the PD-25 and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action , cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance{s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section , article, paragraph, sentence, c lause, phrase or word in this Ordinance. or application the reof to any person or circumstance, is he ld invalid or un co nstitutiona l by a Court of competent j urisdiction, su ch h olding shall not affect th e validity of the remaining portio ns of the Ordinance, and the Town Council hereby declares it would have passed such remaining portion s of the Ordin an ce despite s uch inva lidity, which remain ing portions s h a ll re main in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT Th e Town Secretary of the Town of T rophy C lub is hereby directed to e ngross and e nro ll thi s Ordinance in accordance with the T own Charte r. SECTION 6. PENALTY It shall be un lawful for any person to violate any prov1s1on of this Ordinance, and any person violating or failing to comply with any provis ion of this Ordinance sha ll be fined , upon co nviction , not less than On e Dolla r ($1 .00) nor Ordin ance 2008-40 4 Exhibit D Town Council Page 225 of 295 Meeting Date: December 8, 2015 mo re than Two Thou sand Doll ars ($2 ,000 .00 ), and a se parat e offe nse shall be deemed committed upon each day during or on wh ich a violation occurs or continues . SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained . PASSED AND APPROVED by th e Town Council of th e Town of Trophy Club, Texas, this 1st day of December, 2008 . Effective: Friday , December 5, 2008 Mayor Town of Trophy Club , Texas ATIEST: [SEAL] APPROV ED A S TO FORM : ~~¥~ Town Attorney Town of Trophy Club , Texas Ord inance 2008-40 5 Exhibit D Town Council Page 226 of 295 Meeting Date: December 8, 2015 0 .., a. I\) 0 0 (l) ~ 0 '1J Qc> N rn x ':]" g .. ~.: ............. -·· ' : :! . : ] ,I-_·=:::.~!· II-- · I' ... : ~ . ;• ~: ·~·--· _;._-1, .... · : i!L . ·-1 .# ..... ~ ........... '' ~11 :·;· (;~~ n I I . .. : . SITE PLAN ,. I i : 11-···I $.' t :o ~ .. .. . , ~ I =- 7 ~ ~ ll I ·' . t (. ~ ll •;,,.,..&"' 1:.·~J11 :•:"oft.:.;. •c"< U.:.~.t h~l.''lll U ,,,. (•':',:.W."'"'$r t~ )'2'~f...4='­ t .. \l~~--..;.w,u·..n Exhibit D Town Council Page 227 of 295 Meeting Date: December 8, 2015 0 a. •• · •••• " ....... .;. .... ·'· ••• • ~ ....... , 11.'.h ·1·-· ! '·• ...... . l . I c: .'·' ~;:::,.~~;.._~ : ~~~""· .. ;-·'."-'·---! 11 :1~.1 .• LANDSCAPE PLAN ~: : ,1 , i G / ' . , ' : l : I . ' f f I ~ ; ' I' I' F ·,> .j( i ,, ...... · '· ... ··- . ~:: I-t . ' ;.it • r. . ~ , ~ ., l '". ~ TD ... :lr'H r;h'lOJ"'tP'r,tnrJ!'l, 1.1.,,.. -'>·~"~-· ....... ,...,,, • .:_.11.·• Cl ~t . 1 H J;I ~~ •. ~ ., •o".f"ll!li. l>M \::-M ••:4H lrl .. "\ ··~?,W'I W"'- Exhibit D Town Council Page 228 of 295 Meeting Date: December 8, 2015 0 p. I\) 0 0 CX> ;,.. 0 "'O !<'<> N rn x ::::; g ;. ......... ;..:.• ·'"' -·· •. ,· ~: •-' .... 11 ::.,·~·_. l .•• _,, ~· r N ... i ~ r ·--\ L...._, ..!.' ........ , ',• IRRI GA TI CN PLAN ,. / t.1.H 11; I I t:c . 1!l i ., ., ;t ,.; ~} ;: :. ~ ~; I·' ~ ! { • fi li» .. : i ~~ I ' !: •'. ; •Ii ' i ! ~; l ,l ;: l i ; J )~ ,,.,,_ I; "" ;: ~! " n .: 'c ;·~·1 rJ I "'7'. I'-·--:n l ·1 ' :;• C~ :~ ~ 1 ·)<-~ I/ ,- Exhibit D Town Council Page 229 of 295 Meeting Date: December 8, 2015 0 ..... a. I\:> 0 0 co I .i::. 0 "U !20 N m x ~ g )> 1~ ::b ~ :.... 5 "' (/) ::i m r- 2 m Ch <! ~ ,...__, ..... OllC~l f. c u . r.ltlMW a•.ll."-"11) ""'-~" o.i>fl;!'.o..~ oAflt<- llr''°'' !:U (A"1Col ~ "' r-z m Ch <! 0 -< HAMPTON INN & SUJTES 94 UNITS, 4 STORIES TROPHY CLUD, TX Exhibit D Town Council Page 230 of 295 Meeting Date: December 8, 2015 0 .... 0. f\:> 0 0 co I .i::.. 0 -0 Ro N m x ::r g ::; ... ... ~ 'l ,s () -•:: ·b .... , }.s . .:£ ~ .. • ·, I "· • ..r .. ~ ~ [7:~·::-.. ~~.].~~~· ~,. I,_-· _______ ] H.·\Ml'TO'.'i l i'i:-t & surn:s u .. ~ • ... -... 91Ul'iJTS,4 sm1ms ~ TROrllY nm, TX ? .._ ____ _ ,.,,. <./ . ,-, ··.··~ ,-, ........ \ {J .• Exhibit D Town Council Page 231 of 295 Meeting Date: December 8, 2015 0 p. tv 0 0 co ;,.. 0 -0 !20 N m x =::; g I ~ rr1 en t\) ··:j ~-. .· .. .. ,• •.' . • .;. ·.• .. ,• -· .· ,• .· ,· .· .· ,:.,..· ' .. .'v .. ,/ .<>~-\ .. ~ .· ~· •' .. •' :· .· ·' ... ,,· .· .> ... •· ... . • ·" .· " . . : .' ... . . .. . .. ... ·: •' .:· .~ •' .· ! .· .. · .· .' .· .. . · .·• ... ·' • . :· . .- . · .• .; ,. .· .... . · ... .· .. · .· .· ·' ,. ",. i .6 .· .· ,• ·' •' .· ·" .... .. ~ .. ' ,· .· .. · .. ....... .. . · .. ·.· ,· .· ·' ,. .· .. .· ,. .. ·' ... .' .· . · .• .... : ,· ·· .. · . ,• ·' ·: ... ... •' . ; • .• .. . :· :/\.. ,. .· ~· .. '-"' . . . · .. .· •' ... .:" .. .' .-.· ;. .· •' . - .· .. 4t· . . .. .. .· .• , .. .· .... , . ... .· . .. ··' .· .. .. .· .'· .· .. ·" ,. .· ·' ·' .' ~· •' .• .' .• ·.' .. . .. .' .. .. •: , . ,. .. .. " ~· .. .· , ...... . .; ... ..; ... : .· ,• .' .· •' .• ,• .· ·' ;. ..... ,. ,• ... ... ·: .. .• .' .· .· ... ~ :=::~--:t• ... ""':..~~ ... -. . -; J ' tio >:.-.. •.: .. ~ .... .... . ..... -..... ~ ~ . :· .• •.' •' .· .. ... .... ; .· ·.' .. '· ....... .. H:\htl'TO:'i l~N & Sl.llH:S 91 mms . .isro1ms TROrllY IU:ll, n; ... ~ .... •' ~....... .. ~, .. ~. -·· I -~....... J '---"'-D Liaht:ow,;rJahft •on A.1.>ocl•••• _._ .. _ .. _·~-·~-... ~_1:'"·:·_~;-~-·~_··_··_· .. Exhibit D Town Council Page 232 of 295 Meeting Date: December 8, 2015 7'-9" ALUMINUM CABINET 6° -~E~CUTCHEON 7"·9 .. STONE BASE r BORDER DETA IL 314'" = 1· -0'" .... t!l iii :i: -' -' ~ UJ > 0 9 ~ .... w z iii < 0 ;.. .... UJ fl') < al UJ z ~ fl') 9 ... :j /3 .. X93'"CAPSTONE \ *** CAPSTON E ANO _ ~ OTHERS. STONE ~ I _,-STONEBASEBY BASE TO MATCH ! ;, i ~d S12E ,COLORAND m 4 "-0" c-t o-c "~~ D /F HIS-40 MONU MENT SIGN 1/2"=1 '-0" TYPE OF STON E ON BUI LDING. Ord. 2008-40 P & Z Exhib it .063" THK. FABRICATED DIF ALUM. SIGN CABINET· 3" RETAINERS & FILLER PAINTED TO MATCH PMS 425 GREY PAINT INSI DE CABIN ET LIGHT ENHANCING WHITE. '"WIDE'" 3M 3630-53 RED VINYL OUTSI DE BORDER (OUT TO RETAINERS) . "NARRO\V" JM 3650-10 OPAQUE WH ITE VINYL INSIDE RED BORDER. .15-0" HIK. FLAT WHITE POLYCARBONATE FACE WI 3M VTB 12674 OPAQUE BLUE VINYL APP LIED TO 1st SURFACE· LETTERS & GRAPHICS CUT OUT I WHITE SHOWS THRU_ COPY & CARTOUCHE TO BE WHITE SHO-THR U. SIGN INTERNALLY ILLUMINATED W/SOOma HIG H OUTPUT DAYLIGHT FLUORESCENT L AMPS. 12) 4 '" DIA. STAN DARD STEEL SUPPORT NSIDE FABRICATED .063" THK. ALUM BAS E & SUPPORT COVER ·PAINT TO MATCH PMS 425c GRE Y STIPPL E FIN ISH. 12'" DIA. x 3'-0'" DEEP CONCRETE PIER FOUNDATION. FOUNDATION SET 2 " BELOW GRADE. SUPPORT STEELancl FOUNDATION DESIGNED FOR 30 PSF WINDLOAD. UNDERGROU ND PRIMARY ELECTRICAL SERVICE FURNISHED TO SIGN BY CUSTOMER"S ELECTRI CIAN. SIGN CONTRACTOR TO MAKE FINAL CONNECTION AS DETE RMI NED BY LOCAL SIGN ORDINANCES. ***ACKEN SIGNS WlLL ON LY B E PROV IDING THE MONUMENT SIGN . ESCUTC H EON. RE VEALS AND SUPPORT STEEL. *"'*FOUNDATION, SUPPO RT ST EEL AND S IGN COMPONENTS ARE TO BE S ET BEFORE STONE AND MASONRY IS DONE . 1 '-9 .. CABINET "--··-----________ .. 1'-6" ESCUTCHEON 1·.9• STONE BASE . - >= "'="' II II II II - END VIEW 1/2"=1 '-0" HIS-40M (CUSTOM BASE) ..... ~~;;iL~ ~~,.;;;~~;;;;;,, • ••••u •••• ••tttl •••u ••n•••, utF:i_. ft'1t loCIC_,.... • .,_.._. ~n.••.,ti •1 -UJJK "'7t ~ .. ~ •• 1u ..... 1y.111~~--;:·"·t~•irr "'--"iiO'lt,'!~•lll~Wt'-~(.UI Mf .... --,.,._,,..1/1.>lll.,jcc:l ~~Y!e'll fllfU ~At:~ ......... 11 1 .... i.o,,.."" ... ~"°"'..,,,'i. _ _....,...... •11 u"•••'-l••~t.lt'••fll.•f"' ,.,"-"""l._ ........ f"l,._.,.••-tl.tA'llll 0 A1 '£: lJ.tktJ.I~ SCALE: AS NOito ~:U.JUNJ!S .Uk,\\\"N HV: STHOl'P n .rr.l\T· 11 . .\.'frrn~ '·"' ._<.·snn:s 1.oc·..innN": l 'IH)l'l n'O tat. TX OIL.\\\ lN(; .!/: JU> T N J•L)0 11b l~"-MONr! M J 1£.S: 1~'1%_H _~~~Jt;i~~~ s1:\1JJ-:'""~J._l>1~1:~.ir_t:1{wC <-'L~nu:iltlt .w·rH.O\At.: DAil::: __ _ Exhibit D Town Council Page 233 of 295 Meeting Date: December 8, 2015 B u f ""Uf amptmu i l L0 o• ---------1Ul.J ~ ' STACKED BUILDING LETTERS um.:;w;~~I 3~·-11 9·~ y, .. 17'~4·;1 ·~R~1~'}TJI LIGHT COLORED BUILDING 6" DEEP SELF CONTAINED CHANNEL LETTERS. GE POWER SUPPLIES ARE MOUNTED TO INTERIOR BACK OF LETTER. SECONDARY OP TION: 5" DEEP CHANNE L LETTERS with REMOTE POWER SUPPLIES . . 040" lHK. ALUM. RElURNS with .063 TH K . ALUM. CAO CU T BACKS . RETURNS PAINTED 313 OK. BRONZE • . Hi" THK. 2 11·1 RED CYRO SG FACES. 1" DK. BRONZE JEWELITE RETAINER. GE LCORE TETRA RED/RED L.E.D. (5 PER FOOT). .040" THK. A LUM. BRIDGE COVER. PAI NT TO MATCH WALL ~)\._ --. ....._ "\. ,;· ~·····' :/ ,,/ '\ )/ t>?.\::_)) ~/~ <(,/ ""'' "'"' TYP ICAL BRID GE DETAIL NTS Ord. 2008-40 P & Z Exhibit NTS l J{amptotu tffmu&_O~ '·. ·. : -~;. nn FRON T ELEVATION · 311 6 "=1 ' FRONT ELEVATION· 1132"= 1' I ~v&Ml'-....-L-J ~.~J...j~ •• ., .. , •• •• •~• .. , ''"' ~., .. , ,, ,, er '::. ·---~···-···---POIQl.U\1•1•,.~._..u ... _, .:w•."'°'V.\• ...... •lf.UUf .. U n-.. ......... ~...._,,;,.....,.._,.,,.,.., .. w~ .A<• .. '"'9'U.ll •• 1411lt'll;t#lW ,._ F«l~AM ... ,. .. ~"""'tw.:t'o l llh•!cU~~""""'IJltb ..,.~l$-S "' I .. A.&: l(>l;lolo ,.__,IO ~y<lll~ _,.._.,...,.,,..,.,,u~•-h>>\'9bt-••i"l.1t· ~-··~""' .......... ~ ......... "..., liA1'f.:tl.1'.lo~ ~C\l..£: AS Ntrn:o ~:11.JUNJ::s l>lt,\\\:-< HI: KJ .\llJU: ( url\T· llA .. \ll'TO'O 11\"i .t-S nT•:.~ l .OC"'..\TlON: 1·Roru \·n.vn. TX l>R_.\\\'ll'G#: lll~ l'ri.1pb~'('J1 1lo rx~ .• "Ul}:."i: ll.\1-r..; II JU:.\'1'TO S:~: Cl':il O.'IIBH At't'l-<U\.-\.l.: bAIJ-:: __ _ Exhibit D Town Council Page 234 of 295 Meeting Date: December 8, 2015 ; B . . . ~r c···uamtJtotu fUl.J &_ <SuiteJ Vf' tffJ , LIN EAR BUI LDIN G LETTERS MSi15il -3t;·l2"=1;;-I {-l~fil~11~BJI LIGHT COLORED BUILDING 8" DEEP SELF CO N TAINED CH ANNEL LET TERS. GE POWER SU PPLIES ARE MO UNTED TO IN TERIOR BACK O F L E TT ER. SECON DARY OPTION: NTS S" DEEP CHA NNEL LE TTERS wi t h REMOTE POWER SUPPLIES. . 040" THK. A LU M. RETURNS w ith .063 THK. ALUM . CAO CU T B ACKS. RETURNS PAINTED 31 3 D K. BRONZE. .1 77" THK. 211 -1 RED CYRO SG FAC ES. 1 " DK. BRO NZE J EWE LIT E RE TAINER . GELCO RE TETRA REOI RED L.E.0. 15 PER FOOT). .O<o-THK . ALUM. BRIDGE CO VER . PA INT TO MATCH WALL 0. ,.---" •,._J. Ir '\ ,j;J;;,J) lfrr,,•o o. TYP ICA L BRI DGE DETAIL NT S O rd . 2008-40 P & Z Exh ib it T cJ(amptotv <5fllU&_OuiltM D I I • \ .~. • ,I •• .or • RIGH T ELEVATION 3116 = 1' ~ ~1["\··~~,...;~:·-f.f'T'. ·r =s=;1'1 .! ~i H-1- -j I I .. I r --~: =i. -1r r-tr-1 Jt ~~I "1~5 :·~t :D .. ; ·. . ~·. ;\ . . :•h=-\j;, ·.-.-,., Bt· -:-'" cf~-~-~! I .~i 4_-. .'.f"':"1 • l-:·-\i'!-~1 1 H....... .. ......... ___ ct_ .. , 1.,, ... ,il . _ . . . .. . RIGHT ELEVATION 1/32 = 1 ' ....... . .. 2~~(dLJ ~J~t:'-,,J~ " ............................... -..P":;t. l'0-1.fiU• l ,,.llOC __ •Ot•Wlol! lllM.lU!IA ¥UH lfol•t U 1...1H ... tt :Oa•n.a.o •<M;ln.li \r·llllo'.••-h-gy~tH.-,· "<loM ~;rtt. II •• l~llli~ ........ ,_ ~Hll il 1 •. ~ i:o ..-"'"'"1 •,\"IJl",.l""'..,._J'.l.o~l~l f t • ~·-8·1'"' ll l••.,..,hoo,....._•w.-.1y.11~ _,_,_\119••1 "1~1;-•-t."W"'"'•HCl.r.­ ';l>f~Cio> ... <lol!O•"•"'-....... , ... :_.~ .. _, o .. u-..:: lt .1 7.ll~ !'C,\J.E: .\S NOTF.l> ~~:11..JONl'.:!) Ult.A\\~ ll\.: !\J.\UU J:: (I II.St · U 1\,\H•ros ··'' .tSt'liJ.~' LOC"..\TION: T ltOI'll \. nxn. T.\'. IJRAWIX'(;~: m~.Tmt•b,« .. luL rx .c1 . .? t\UU~S: bA1T.: II ltF.Vl ~J(l~~: ' -II -- ('l~l'tHU-.'.H A l't'RU\~\l..: l>Afl:::: __ _ Exhibit D Town Council Page 235 of 295 Meeting Date: December 8, 2015 H:1111 1Jto11 lr111 Sui tes Trop hy Clu b, Tex as fllr.,n1p De~;g11 Oes1~:l C'--:--•e!·:;11me-n~ :-:•n.__IN F :tlll !.'r.l"""l.Jlt;S ~'Ubrrut:.e<! ;oHUtoo Hot ~ls Con.s1rUetlM C eostruc-llon BJddm b & Sdec!Jon f'enma.m~ B u1k!:uig ~c.1c:rJ<.ttt11 Hot~l Gr.md 0p ~l:rt..; Ord . 2008-40 P & Z Exhibit 0\1 -~ N"m ·.CN ,,_J>Q .l:tn-"° - • Deve lopment Schedule l•f"b-09 l.t~r-no An.T-09 M:iv.o9 lun _no u l _no Au.ulO S•n-09 M_{)9 '""'_{)9 ,,_11Q ..... 10 F•h-10 ,,.,.to - Exhibit D Town Council Page 236 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO 2006-39 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2002-41 P&Z, KNOWN AS PD PLANNED DEVELOPMENT DISTRICT NO . 25, TROPHY WOOD BUSINESS CENTER, EXHIBIT "C", "DEVELOPMENT STANDARDS", BY ADDING EXHIBIT "D" ENTITLED "SITE PLANS", TO ADOPT A DETAILED FINAL SITE PLAN FOR TRACT 5; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING A FINAL DETAILED SITE PLAN; PROVIDING A LANDSCAPE PLAN AND PLANT LIST; PROVIDING BUILDING ELEVATIONS; PROVIDING SITE LINE STUDIES; PROVIDING A PHOTOMETRIC PLAN AND LIGHT FIXTURE ILLUSTRATIONS; PROVIDING SIGN CRITERIA; PROVIDING RETAINING WALL AND FENCE CRITERIA; PROVIDING A DEVELOPMENT SCHEDULE; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERAB ILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENAL TY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"), is authorized and empowered by law. in accordance with Chapter 212 of the Texas Loca l Government Code. to regu late the subdivision of land and property developmen t with in the Town; WHEREAS, on 2 Decembe r, 2002, the Town adopted Ord in ance No. 2002-41 P&Z. amending Ordi nance No. 2000-06 P&Z of the Town, the same being the Comprehensive Zoning Ordinance, and amending the official zoning map of the Town by chang ing th e zoning on a certain trac t of land described as a 16.0 acre tract of land located generally to the North of State Highway 114, West of T.W. King Road , and South of Hanna and Jamie Court, from it's then current zoning of "CG ", Commercial General, to PD Planned Development No. 25, Trophy Wood Business Ce nter; and WHEREAS , the developer of Tract 5 has req uested an amendment to PD -2 5 for the purpose of seeking approval of a Final Detail ed Site Plan, Landscape Plan and Plant List, Building Elevations, Sight Line Studies, Photometric Plan and Light Fixture Illustrations, Sign Criteria, Reta ini ng Wall & Fence Criteria, and a Development Schedule, for Tract 5. WHEREAS , all legal notices, req uirements and cond itions having been comp lied with , th e case to rezone the Land came before the Plann ing and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and publi c hearings were conducted, and after consideri ng the in formation submitted a t those publi c hearings and all other re levant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Counc il the adoption of the amendments to Ord i nance No. 2002 -4 1 P&Z as set forth in this Ord i nance; and WHEREAS, after comp lying with all legal notices, requirements, an d conditions, a publi c hearing was held before Town Counci l at wh ich the Town Council considered, among other th ings, the character of the land and i ts suitability for particular uses. with a view of enco urag ing the most appropriate use of land in the Town , and does hereby find that the rezoning approved h ereby accomplishes such objectives; and Exhibit D Town Council Page 237 of 295 Meeting Date: December 8, 2015 WHEREAS, the Town Council has cletennined that there Is a necessity and need for the change in zoning and that the proposed change is consistent with the Comprehensive Land Use Pl an. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof fo r all purposes. SECTION 2. AMENDMENT Ordinance No. 2002-4 1 P&Z of the Town of Trophy Club, Texas, the same being PD Planned Development No. 25, Trophy Wood Business Center, is hereby amended in the following particulars, and all o the r articles, chapter, sections, paragraphs, sentence, phrases and words are not amended by are hereby ratified and affirmed. A. Final Detailed Site Plan: A Final Detailed Site Plan for the Land, and all parts therefore, is attached hereto as Exhibit "5.1", Final Detailed Site Plan, and incorporated he rein as if copied in its entirety. The Final Detailed Site Plan shall be adhered to in carrying out the development of the land and compl iance with each and every part of such Final Detailed Site Plan shall constitute as a condition precedent to the issuance of any building permit for the land in the PD Planned Development District. B. Landscape Plan & Plant Lisi: The landscape plan and plant list for Tract 5 of this PD Planned Development are attached hereto as Exhibit "5.2", "Landscape Plan and Plant Lisr, and are incorporated herein as if copied in their entirety. C. Building Elevations. The building elevations for Tract 5 of this PD Planned Development are attached hereto as Exhibit "5.3", "Building Elevations", and are incorporated herein as if copied in their entirety. D. • Site line Studies. The site line studies for Tract 5 of this PD Planned Development are attached hereto as Exhibit "5.4", "Site Line Studies", and are incorporated herein as if copied in their entirety. E. Photometric Plan and Ligh t Fixtures. A photometric plan and light fixt ure requirements for Tract 5 of this PD Planned Development are set lorth in Exhibit "5.5", "Photometric Plan and Light Fix tures", which is attached hereto and incorporated he rein as i f copied in its entirety. F. Sign Criteria . Signage requirements for Tract 5 of this PD Plann ed Development are se t forth in Exhib it "5.6", "Sign Criteria", which Is attached and incorporated herein as if copied in its entirety. G. Retaining Wall and Fence Criteria. The retaining wall and fence requirements for Tract 5 of this PD Planned Development are set forth in Exhibit "5.7", "Retaining Wall and Fence Criteria", which is attached hereto and incorporated herein as if copied in its entirety. Exhibit D Town Council Page 238 of 295 Meeting Date: December 8, 2015 H. Development Schedule. The development schedule for Tract 5 of this PD Planned Development is set forth in Exhibit "5.8", "Development Schedule", which is attached hereto and incorporated herein as tt copied in its entirety. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all olher Ordinances of the Town affecting the PD-25 and shall not repeal any of the provisions of such Ordinances except in those inslances where provisions of those Ordinances are in direct conflict wilh the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified. not in conflict with the provisions of th is Ordinance, shall remain in lull force and eltect. Notwithstanding the foregoing, any complaint, action, cause of actio n or claim which prior to the eltective date of this Ordinance has been init iated or has arisen un d er or p ursuant to such repea led Ordinance(s) shall continue to be governed by t he provi sions o f that Ordinance and for that purpose the Ordinance shall be deemed to remain and co ntinue in full f orce and effect. SECTION 4. SEVER ABILITY If any. section, art icle , paragraph, sentence, clause, phrase or word in this Ordinance, or application !hereo f to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect SE CTI ON 5. ENGROSSMENT ANO ENROL LMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTI ON 6. PEN ALTY 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 lined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. EFFECTIVE DATE Thi s Ordinance shall take effect from and a lter its date of passage in accordance with law, and it is so ordain ed. PASSED AND APPROVED by the Town Council o f the Town ol Trophy Club, Texas. this 2"" day ol Oc tober, 2002. C71/~ Mayor Town of Trophy Club, Texas ATTEST: Exhibit D Town Council Page 239 of 295 Meeting Date: December 8, 2015 Exhibit D Town Council Page 240 of 295 Meeting Date: December 8, 2015 ' . ' ==~=:::=-""""'• ····-:;.i:.-...'7::.: .. :·!""-,, Exhibit "5.1" Final Detailed Site Plan IR rn - . -----· ------·- --·------- C:'=<;;::" _.,. r-=" ce~~". Exhibit D Town Council Page 241 of 295 Meeting Date: December 8, 2015 Exhibit "5.2" Landscape Plan & Plant List ==a:..."·'"'='"' ... ''- ===~.-;::.:.-- ::.:::.:.~~--=-~-:.~-­::.=;;::::=·.r--·--... - !":==~=--= ~~m~'! ·--... -·--..-... ---·-·-·---·--.-.. ---·-·-----.. ---··--···-----.--· --·-... -····-_____ _.._ .. ,... ~f p_.,;t-. . ............ . ···--.. -. ~ .. r .. . ............... . .... ,, .. -........ ., ... _,.. .... ~.··h --•• 1 ....... .. Exhibit D Town Council Page 242 of 295 Meeting Date: December 8, 2015 ~;~~~~ Z·j~l!.rr=-- :a1-c---- ~-- ---·-~· -----1----- ~no= ·- ·c I :::i:,~::_ . -., 3_~;:._.~, . .:-·--· .......... .. ... _ .. _ ...... ___ .. _____ _ :::.:::.::-·---.. -- 0 0 00 0 0 000 00 0 000.0 00 0000 0 0 .. _. ____ _ .. -........ -......... ••H. bA!DtCAN em• :::.-~.;~~g;;c, EF.~~~~.§.iJI:-.... ....-.... ---------· :.::;::o;.::.:::=. .. --·--.. - :.::~.,;::.--·--·- ~-=--~~-=.r::r..-:.::::::.·. ~::~:r~=~-.... ____ -··-·-----. ··---·---· .. ~··-- .. .. --·--·--·-----.. ·--··-·-··-·---- Exhibit D Town Council Page 243 of 295 Meeting Date: December 8, 2015 " H T '9."J MWOI" i :~::::::::.:...- 0 ~--••••N -----· .... ___ _,,_ Exhibit D Town Council Page 244 of 295 Meeting Date: December 8, 2015 '/IN" -U'":P.'I:=-·· ~-::;.. . 1. ( ! ;,, ! r r: 1 : ,'o : ! j, ·-···--- :--_ ... _. __ _ t!~-..:.-=-=---~ r!!Q~··-·-~-§'£:=::= ;:...-:. ~ :::.-~c;; -:=::::·· •• Exhibit D Town Council Page 245 of 295 Meeting Date: December 8, 2015 Exhibit "5.3" Building Elevations @i;~.~U:V.t!>TJOll..:..~o.J!!Q<o_J;a1a1..~..l~Wl~ IA1J ,__ _________________________ __.Ld Exhibit D Town Council Page 246 of 295 Meeting Date: December 8, 2015 ~f'' ~:~:1-·---•:""!";.:"" -- = © ~ .':';£YAIIQN • Y4'.:t e\A'eJ»tel • llW'tf'J' QM)~ fA21 ...___ ________ _____,~ Exhibit D Town Council Page 247 of 295 Meeting Date: December 8, 2015 I ··h Exhibit "5.4" Sight Lin e Studies iii I ---1~·---~---..,, __ ·r r 1r r·i Exhibit D Town Council Page 248 of 295 Meeting Date: December 8, 2015 Exhibit "5.5" Photometric Plan & Light Fixtures ~~~~q- :;t;;.---~/ .... " . ':'I r -·-1 ........ __ .... -_ ... -=.....--.~..,,..-. -~ ... ,, .... ___ ;r-----... ---------- -~-- 1 of 1 Exhibit D Town Council Page 249 of 295 Meeting Date: December 8, 2015 ...,.. O.-.-*"'-..w.!•11 .... ..._. •• ,, '-........... .,,__.""°',~·· ..... -""' .. ~ ............... _ ......... .,... ...... - -·--· ........................ n... .... -............ ,tl ,......_...,.. .............. h)M~f U •"*lt •C..W~,.._..!Cfj't\~C"lj .... 1 i:.o!WWOlllllr ..... f .. lll'lltttt .i••hf•h .... ",. ... VCN~"'-'.-11. .. ,.1!f111ttt 1t1NW~1•,..t•• _...,. ......... UDll....U ·~~""' ............ l'!ft ... ,t.-....-. _ .. ...._, ......... ~ .... ..w .... """"""1""""'" .. ...._~,: .................. .... MYJ.llt• .......... "" ._..... ~ ......... .i.i*Wl- W,..1 ... t*'tt ...... ~W,,~'Mt ~ ~N .. ,.. ... ,.,._,...,........,..,...,,... ..... ............................ "'"'"1111111 ...... .. ........... ~ .................... ~ -W\I(.......,...._ ............. .,_ ... .._,._..n.,...,..,,r...,...,.....••'• •i)-.. ........ lt)o~,.,. .......... ..... r\ ................. "' • ..-"*" ......... .......... ..,. ........................... '-.. ... "----~.,...._ ........................ ..... .................................... ...,. .. ............. ~ ..... t.... ............... ......... ~ .. .,.........,. ....-n-•Mr•Ul'•f'-""•....,.•..., ..,..._,...,:...~""'('~nu• tlt'•C -....-.1o.u 11 ..... ...., ... ....,, ..... Jt1"1r o1T...,..llil•-••..,. .. ,._,.ov., n.-.. -..... . .....,1-onM11n'il •..,....,..,._. ....,. ............ """"' ........... _,..,,. .. ,, _,.~...,,..... ............... "' , ..... ,~ ......... ~ ........ ,on,,.•.....-111.-•• ..,......,.,i..~~ .................... 1111 ... ~ ...... "" ............ .,. • .,._ ...... t.tf'lll'h•• ~ ....... ~"'" .......... ..,,. ..... _, ..... "'9h ...... .. _.. ,.~'"'::. ............... 11-.. ........ _..i.;i ..,._ ....................... .... -.-.. _ ... ,_.._ ~--~ ¥. -~ -·· llU ,,,,. " •A. .!~- Exhibit D Town Council Page 250 of 295 Meeting Date: December 8, 2015 Exhibit "5.6" Sign Criteria II FEDERAL HEATH 'l llN COW•AMf ---r:...-:i.-:z.~1· ,.."l _.,.,.._.,,'l_•U• .. DU WAU.AU • --WAUl:t\lSOR ,.._.. rnm CAAOfW.. I •• 1 ...... Exhibit D Town Council Page 251 of 295 Meeting Date: December 8, 2015 ,.,,.1 • : #100 GROUND SIGN CABINET STRUCTURE SltCl(.AfOI$. sc.1.u:w·•··o'" I OtUIOIMJ K.•-.,1o•Clli ' ~\114 CA*ll U CUll OfllJ l1U., 2' 11"0Cl '1'='W&1rot0'1QtltU .. \/dd4Cl!JfWO'IMNA,rD '""'""' J M '.IJIQ.M M<.U:I" D MUIN.JI 11 \WCllMl•IV:D • "1CCll"fCIAOPlDMOt~ tll&tt'lUSUlf.l((U1T1~»*~U '11UOWCIVS:IC1t!ttlUO\W'WL i. nn Sl.HOt' 'Ill tr.'o1J;tlM!DaWI t.('AllC- Geo sqrt =72 ,, ... RFEDERAL HEATH "~.!!:!!.'"' ·~":::.'' .. " ... ..,.. "•"''"'· ...... , __ _ :.:-:.:.:::~ _.,_,w_ --· ......... -._ __ ... __ I • O(IWAl U(I -··-WAYNC RASOR PfUR CAROii.AL .... "_,_ ....... -·-----· -----· ---·-........ -- lllOf'll t C ~W.1 1 l ·tf.10ot > " I ....... Exhibit D Town Council Page 252 of 295 Meeting Date: December 8, 2015 ....... " N " I 1 f ~l ~ ;L .:. w-1· t N" -1 I fU~'6l..MllUJllU!lMI$ MO MIP CIRCUIT orntCAICD SlUSBED OUTIN HIE MIOOL OF THE SIGH . rlllAl HOOK UP BY SIGH lllSTAL LERS llfClflCA!tClllS: t. ITMMlllllOll t"-IVd<Utut,11'1111' lltllAUll-VLIC~ W/-Vlll\I AlftllD. 11'l LIClllnrrt--•· ... 11'lllOUAll[-W/ ,,., __ IUaAUlll ... ~1111 L -lY--Ut'IMl.UWS _,,_-1-TllltollOIO MllOM"~-llOIUl•llOI -uu.·. IHIM0 ... ""'1'1-0fMIA(ltrU H c-.11111'-Al llCHT. ~ W.con ll AMllUlHWIWCOOtclLD'• UU-WlnMlllOll"YAlUIPU(r. WMlll. llAC.C & MD~ •lltt MIAS 10 II -nm AnlJC.\TIOll. .. (IJrXrAH!lllctlt1IOll-llllG. #125 WALL SIGN CABINET STRUCTURE (FLEX FA CE 2) Geo sq rt =94.7 ·0 -0 KAU l\••t •.o• RF EDEAAL HEAT H \ ''!.::.!!!!!! ~' fl:-.:::::!" .. ,.,,.. .. n ~ ...... ,. • ._ .... ___ -~_ ... ,,.,._, __ =..:.-...:.:::::::: _.....,....._.,._ __ .. __ DUWAl~I ... ---w.u•Mnt1 Pf!VI tAMllAl --- IJIU'UQUI n .. 11-ztCI • 1 ''"" . Exhibit D Town Council Page 253 of 295 Meeting Date: December 8, 2015 ,, ... ..... ... ..• .... MIN r..e1t•c r .. • /l.11UIU• ... In• -11 !":::-·- N ,.._.,,_._._...,.,.u.-, 0 -~-........... ..... ......... ,. ...... -......... c ~._,_,,. (!)#200 WALL SIGN CABINET STRUCTURE ..... .-:;:: .. __ ..::;: II{~ ' ..-wun• """•tU.t tua.~ ''-CUMlllll ... __,•ACMllilm... ~--•~on,.,,. .... -.nn-,,.,......._ L llL-UWUU...-1 ~110 MfQt ,,..,•,.•••11omuw••••••o MIM:l•A~\. UM!ll Ill'*• f' Oft' Willi l._ll"°"ttr..,._ 'JattllftllWCH._,, .. ,., l wn111c••u.a.1 n ruotot&n••u.n1C lt1Mll'ICfHIU U...C•t~Ullf ln1H lG nlUllalllCTClll ~ ~..,..Ni((·' •(MNl' I.. CAJWl'ICU•l•UA,Ul'Ulll-"tue&wn• ..... NU. tNJ "" ~ UlltM. c. ••• .,,........,....,..,,IUJCll Nl....UMYIWC. IL ~t &taMlllUIRltllCQC&.W .... -L CJrUIWllf~l..,.._.ll10tl Q.lAA ........ IUJ:9ftfUJUI. r. ·•"N.CalMl'.IClltlillWllM ftl&Olltn>anow"" L M l llWl-..t i l'MTWI "•·on1Ai...,.1111W1UPMn111.wctm 1-. M.llllTM•lfllMCAIMUiMA. I. flCl l*IWIUQ.tla#f w.«lt\A.ITIC:WlfM •llM'-llll lWWI\ °""'.At t. llOM-•ttlll .. l!llll tWlhf l .,_C1U IUlllNIClt Geo sq ll = 138.64 St.Alt : W•f '.f"' R FEDERAL HEATH "4!.::.!.."!!!:..~9 -==:.-:::..-... ___ ..... _ .. ," ------ ..... -·-·-·· ----··--· __ .,. __ . -·---... ,_.._ . , , -·-...... Exhibit D Town Council Page 254 of 295 Meeting Date: December 8, 2015 Exhibit "5.7" Retain i ng Wall & Fen ce Criteria .,..,.,,, .. "°~~TY ,..-.~..,.,...,....,-.,..~....i;>Jll-~~~ ReTAIHIN5 """1..L. -~ l!JC> or ~I~ ot Ht~Y 11-4 VAL.Le Pl..o'Ge H01S. TR.ol"H'f Cl.US, TEXAS Exhibit D Town Council Page 255 of 295 Meeting Date: December 8, 2015 Exhibi t "5.7" De vel o pment Sc hedule Preliminarv Proiect Schedule Volvo Ploco Hotol -Trophy Club Proj ID: QUA 005 Task Replat (Lot 1R & 2R) +Rezoning Pckg. Preparation Replat + Zoning change submittal (45 days prior to meeting) Sile Development Plans Prep.-CIVIL (City r equires Sile Plan subrnillal ) Civil Oeslgn Package submittal P1annillg & Zoning Meeting (Replat + Zoning) City Council Meeting (Replat + Zoning) Address any engineering comments-CIVIL Detailed Sito Plan submtttal Planning & Zoning Meeting (Detailed Sito Plan) City Council Meeting (Oelailed Site Plan) Submit for Permit Buftdfng Permit Issued (approx . date) Pro-conslrucllon meeting (approx. date) Bogin construction on site Dato 6/05/2006 -6/16/2006 6/19/2006 6/19/2006 • 7/14/2006 7117/2006 81312008 812112008 8121 /2006 -9/0812006 8/18/2006 9/21/2008 1012/2008 1 week or November 3rd week of November 4th week or November Last week cSr November Sept 14 2006 Revision 4 Comple te Comple te Complete Complote Complete Complete Comple te Complete Onslto construction work to be completed In 6 months rrom City epproved start date Apply for Certificate of Occupancy 1st week ol June Noto: Project construction to begin approx. last week of November 2006 per Town approvals ol all design plans and general contractor to obtain permits and permission on project from Trophy Club prior to work onslte. Exhibit D Town Council Page 256 of 295 Meeting Date: December 8, 2015 T r o p h y W o o d D r . Pl a z a D r . T .W. K i n g R d. SH 1 1 4 Trophy Club Town Boundary City of Southlake To w n o f W e s t l a k e Lo c a t i o n M a p Br e a d W i n n e r s Si t e Ex h i b i t E To w n Co u n c i l Pa g e 25 7 of 29 5 Me e t i n g Date: December 8, 2015 G U S H 1 1 4 Zo n i n g M a p Br e a d W i n n e r s Si t e To w n o f W e s t l a k e Ex h i b i t E To w n Co u n c i l Pa g e 25 8 of 29 5 Me e t i n g Date: December 8, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-44 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2002-41 P&Z, KNOWN AS PD PLANNED DEVELOPMENT DISTRICT NO. 25, TROPHY WOOD BUSINESS CENTER, BY ADOPTING EXHIBIT “D” ENTITLED “TRACT 3 DEVELOPMENT PLANS ”, TO ADOPT EXHIBITS 3-1 THROUGH 3-6 TO EXHIBIT “D-3” FOR LOT 2R-2, BLOCK B, TROPHY WOOD ADDITION (TRACT 3) AS SET FORTH IN IN EXHIBITS 3-1 THROUGH 3-6 TO EXHIBIT “D-3”; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDENTS TO ADOPT EXHIBITS 3-1 THROUGH 3-6 PROVIDING A FINAL DETAILED SITE PLAN, A LANDSCAPE PLAN AND PLANT LIST, BUILDING ELEVATIONS, SITE LINE STUDIES, AND A PHOTOMETRIC PLAN; PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING APPLICABLE REGULATIONS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”), is authorized and empowered by law, in accordance with Chapter 212 of the Texas Local Government Code, to regulate the subdivision of land and property development within the Town; and WHEREAS, on 2 December, 2002, the Town adopted Ordinance No. 2002-41 P&Z, amending Ordinance No. 2000-06 P&Z of the Town, the same being the Comprehensive Zoning Ordinance, and amending the official zoning map of the Town by changing the zoning on a certain tract of land described as a 16.0 acre tract of land located generally to the North of State Highway 114, West of T.W. King Road, and South of Hanna and Jamie Court, from its then current zoning of “CG”, Commercial General, to PD Planned Development No. 25, Trophy Wood Business Center; and WHEREAS, the developer of Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) has requested an amendment to PD-25 for the purpose of seeking approval of a Final Detailed Site Plan, Landscape Plan and Plant List, Building Elevations, Sight Line Studies, Photometric Plan, for Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) and such amendments are set forth herein and in Exhibits 3-1 through 3-6 to Exhibit “D-3, entitled “Tract 3 Development Plans”, and Town Council Page 259 of 295 Meeting Date: December 8, 2015 WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Ordinance No. 2002-41 P&Z as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; and WHEREAS, the Town Council has determined that there is a necessity and need for the change in zoning and that the proposed change is consistent with the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT Exhibit “D-3” entitled “Tract 3 Development Plans” of Ordinance No. 2002-41 P&Z of the Town of Trophy Club, Texas, the same being PD Planned Development No. 25, Trophy Wood Business Center, is hereby adopted to add the following regulations relating to Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) and to incorporate Exhibits 3.1 through 3.6 to Exhibit “D-3” so that Exhibit “D” shall include the following and shall also include Exhibits 3.1 through 3.6, and all other articles, chapter, sections, paragraphs, sentence, phrases and words are not amended but are hereby ratified and affirmed. LOT 2R-2, BLOCK B, TROPHY WOOD BUSINESS CENTER (TRACT 3): A. Final Detailed Site Plan: A Final Detailed Site Plan for Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) of this PD Planned Development, and all parts therefore, is attached hereto as Exhibit “3.1”, “Final Detailed ORD 2015-44 P&Z Page 2 of 5 Town Council Page 260 of 295 Meeting Date: December 8, 2015 Site Plan”, of Exhibit D-3, “Tract 3 Development Plans”, and incorporated herein as if copied in its entirety. The Final Detailed Site Plan shall be adhered to in carrying out the development of Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) of the Land and compliance with each and every part of such Final Detailed Site Plan shall constitute as a condition precedent to the issuance of any building permit for Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) of the land in the PD Planned Development District. B. Landscape Plan & Plant List: The landscape plan and plant list for Lot 2R- 2, Block B, Trophy Wood Business Center (Tract 3) of this PD Planned Development are attached hereto as Exhibit “3.2”, “Landscape Plan and Plant List”, of Exhibit D-3, “Tract 3 Development Plans”, and are incorporated herein as if copied in their entirety. C. Building Elevations. The building elevations for Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) of this PD Planned Development are attached hereto as Exhibit “3.3”, “Building Elevations”, of Exhibit D-3, “Tract 3 Development Plans”, and are incorporated herein as if copied in their entirety. Roof signage and wall signage shall be permitted as shown on Exhibit “3.3”. D. Site Line Studies. The site line studies for Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) of this PD Planned Development are attached hereto as Exhibit “3.4”, “Site Line Studies”, of Exhibit D-3, “Tract 3 Development Plans”, and are incorporated herein as if copied in their entirety. E. Photometric Plan. A photometric plan for Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) of this PD Planned Development is set forth as Exhibit “3.5”, “Photometric Plan”, of Exhibit D-3, “Tract 3 Development Plans”, which is attached hereto and incorporated herein as if copied in its entirety. F. Retaining Wall and Fence Criteria. The wall surrounding the dumpster enclosure for Lot 2R-2, Block B, Trophy Wood Business Center (Tract 3) of this PD Planned Development is set forth as Exhibit “3.6”, “Retaining Wall and Fence Criteria”, of Exhibit D-3, “Tract 3 Development Plans”, which is attached hereto and incorporated herein as if copied in its entirety. ORD 2015-44 P&Z Page 3 of 5 Town Council Page 261 of 295 Meeting Date: December 8, 2015 SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 4. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect.. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. ORD 2015-44 P&Z Page 4 of 5 Town Council Page 262 of 295 Meeting Date: December 8, 2015 SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 8th day of December, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2015-44 P&Z Page 5 of 5 Town Council Page 263 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0769-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/17/2015 Town Council On agenda:Final action:12/8/2015 Title:Consider and take appropriate action regarding building materials and other aesthetic aspects of the new Joint Police and Town Hall Facility; receive an update from Tom Batenhorst with GSBS; discussion of same Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding building materials and other aesthetic aspects of the new Joint Police and Town Hall Facility; receive an update from Tom Batenhorst with GSBS; discussion of same Town Council Page 264 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0800-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/2/2015 Town Council On agenda:Final action:12/8/2015 Title:Consider and take appropriate action to appoint Steele & Freeman, Inc. to serve as Construction Manager at Risk for the Joint Town Hall and Police Administration Facility at a compensation not to exceed $594,719 for all services provided and authorizing the Town manager to negotiate and execute all contractual documents. Attachments:Staff Report - CMAR.pdf Action ByDate Action ResultVer. Consider and take appropriate action to appoint Steele & Freeman, Inc. to serve as Construction Manager at Risk for the Joint Town Hall and Police Administration Facility at a compensation not to exceed $594,719 for all services provided and authorizing the Town manager to negotiate and execute all contractual documents. Town Council Page 265 of 295 Meeting Date: December 8, 2015 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Construction Manager at Risk Town Council Meeting, December 8, 2015 Agenda Item: Consider and take appropriate action to appoint Steele & Freeman, Inc. to serve as Construction Manager at Risk for the Joint Town Hall and Police Administration Facility at a compensation not to exceed $594,719 for all services provided and authorizing the Town manager to negotiate and execute all contractual documents. Explanation: The Town, with the assistance of GSBS Architects, solicited qualifications from construction management firms for the purpose of managing the construction of the Joint Town Hall and Police Facility Project. The qualifications for eight construction firms were received on November 9, 2015 and evaluated by the Town Manager and Assistant Town Manager primarily on the basis of experience with constructing municipal facilities. Three firms were chosen to interview with staff and GSBS Architects on November 20, 2015 and provide cost proposals. All firms were very well represented and provided detailed descriptions of their philosophies, practices, and organizational structure. After discussion and evaluation of the cost proposals staff asked two firms to provide best and final proposals and both complied. In the end staff felt that the experience, quality, and price that Steele & Freeman, Inc. can provide was the best fit for this project. Their fee of $594,719 is over $177,000 less than the budgeted amount and over $118,000 less than their closest competitor. Attachments: • None Recommendation: Staff recommends Council approve Steele & Freeman, Inc. as the construction manager at risk for the Town’s Joint Town Hall and Police Facility Project. Town Council Page 266 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0768-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/17/2015 Town Council On agenda:Final action:12/8/2015 Title:Receive an update from Susan Edstrom regarding the Animal Ordinance; discussion of same. Attachments: Action ByDate Action ResultVer. Receive an update from Susan Edstrom regarding the Animal Ordinance; discussion of same. Town Council Page 267 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0765-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/17/2015 Town Council On agenda:Final action:12/8/2015 Title:Consider and take appropriate action regarding an Ordinance amending Chapter 13-Zoning, Article VIII-Administration and Enforcement, Section 8.05, Zoning Board of Adjustment in order to provide for Town Council appointment of the Chairperson for the Zoning Board of Adjustment; and providing an effective date. A. Consider and take appropriate action regarding a Resolution appointing a person to serve as Chairperson of the ZBA; and providing an effective date. Attachments:RES 2015-39 - ZBA Chairman and reaffirming Annual Appointments.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance amending Chapter 13-Zoning, Article VIII-Administration and Enforcement, Section 8.05, Zoning Board of Adjustment in order to provide for Town Council appointment of the Chairperson for the Zoning Board of Adjustment; and providing an effective date. A. Consider and take appropriate action regarding a Resolution appointing a person to serve as Chairperson of the ZBA; and providing an effective date. Town Council Page 268 of 295 Meeting Date: December 8, 2015 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2015-39 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING RESOLUTION NO. 2015-27 AND ADOPTING A NEW RESOLUTION APPOINTING A CHAIRMAN AND REAFFIRMING EXISTING APPOINTMENTS TO SERVE ON THE ZONING BOARD OF ADJUSTMENT; DESIGNATING TERMS OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards and Commissions; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to the Boards, Commissions and Corporations serving the Town whose terms are expiring and to replace members who have resigned; and WHEREAS, on September 22, 2015, the Town Council of the Town of Trophy Club adopted Resolution No. 2015-27, appointing citizens to serve on the Zoning Board of Adjustment for the 2015-2016 fiscal year and reaffirming the appointments of other previously appointed citizens; and WHEREAS, the Town Council generally takes action in September of each year to appoint residents to serve on various Town Board, Commission and Corporation seats; and WHEREAS, by passage of this Resolution, the Town Council hereby finds it appropriate to repeal Resolution No. 2015-27 and to adopt this Resolution appointing a Zoning Board of Adjustment Chairman and reaffirming current appointments to serve on the Zoning Board of Adjustment for fiscal year 2015-2016. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the foregoing recitals are incorporated herein as if written word for word. Section 2. That the Town Council hereby repeals Resolution No. 2015-27 appointing persons to serve on the Zoning Board of Adjustment and adopts this Resolution to appoint a chairman and reaffirm, as applicable, the following individuals to serve on the Zoning Board of Adjustment with respective terms of service ending on September 30 of the year specified below for each individual: Town Council Page 269 of 295 Meeting Date: December 8, 2015 Zoning Board of Adjustment 1. Joe Hennig (2017) 4. Renee Ongaro (2016) 2. Louis Opipare Jr. (2017) 5. Michael Biggs (2016) 3. Terry Kesterson (2017) Alt. John Arnott Sr. (2017) Alt. VACANT (2016) Alt. Candice Vogt (2017) Alt. Darrell Windland (2016) ____________ shall serve as Chairman of the Zoning Board of Adjustment. Section 3. This Resolution shall take effect from and after its date of passage in accordance with law. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 8th day of December, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas RES 2015-39 Page 2 of 2 Town Council Page 270 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0767-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/17/2015 Town Council On agenda:Final action:12/8/2015 Title:Consider and take appropriate action regarding an Ordinance amending Ordinance No. 2002-41 P&Z, Planned Development District No. 25, located on Lot 2-R2, Block B, Trophy Wood Business Center at 3000 SH 114, approving a site plan for Tract 3 for Bread Winners Café. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance amending Ordinance No. 2002-41 P&Z, Planned Development District No. 25, located on Lot 2-R2, Block B, Trophy Wood Business Center at 3000 SH 114, approving a site plan for Tract 3 for Bread Winners Café. Town Council Page 271 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0797-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/30/2015 Town Council On agenda:Final action:12/8/2015 Title:Consider and take appropriate action regarding an amended plat for Lot 5, Block J, Canterbury Hills, Phase 1A, 21 Oxford Place, Town of Trophy Club, Denton County, Texas. Attachments:Staff Report - Canterbury Hills Amended Plat.pdf Exhibit A - Amended Plat.pdf Exhibit B - Ordinance No. 2015-21 P&Z.pdf Exhibit C - Location and Zoning Maps.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an amended plat for Lot 5, Block J, Canterbury Hills, Phase 1A, 21 Oxford Place, Town of Trophy Club, Denton County, Texas. Town Council Page 272 of 295 Meeting Date: December 8, 2015 Page 1 of 2 To: Mayor and Town Council From: Ron Ruthven, Town Planner CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Case #AP-15-019 – Canterbury Hills Amended Plat Town Council Meeting, December 8, 2015 AGENDA ITEM: Consider and take appropriate action regarding an amended plat for Lot 5, Block J, Canterbury Hills, Phase 1A, 21 Oxford Place, Town of Trophy Club, Denton County, Texas. REQUEST: The applicant, Gil Marques, 21 Oxford Place, has submitted a request to amend the plat for Canterbury Hills, Phase 1A, specifically as it relates to the applicant’s lot, Lot 5, Block J. The amended plat has the effect of adding 0.047 acres from Lot 1A, Block J, common area owned by the Hogan’s Glen Homeowners Association, by adjusting the lot line slightly to the west. The adjusted property has already been conveyed by the HOA to the applicant with the condition that the property be incorporated into the applicant’s lot via the amended plat. ZONING AUTHORIZATION: On August 25, 2015, at the request of the applicant, the Town Council, upon the favorable recommendation of the Planning and Zoning Commission, approved an amendment to the PD 32 regulations authorizing the change to the common area (Lot 1A, Block J) for the development, thereby enabling the result of the amended plat. The amending ordinance (attached) language reads as follows: Ordinance No. 2013-09 of the Town of Trophy Club, Texas, creating the Town's PD Planned Development #32 is hereby amended by this Ordinance amending Exhibit "B" Concept Plan by changing the common area for Lot 1A, Block J, Canterbury Hills Phase 1A from 1.087 acres to 1.04 acres as shown on Exhibit "A" of this Ordinance. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission considered this item on December 3, 2015 after the Council packet was sent. Staff will provide an update to the Council concerning the Commission’s action prior to the start of the December 8, 2015 meeting. Town Council Page 273 of 295 Meeting Date: December 8, 2015 Page 2 of 2 STAFF REVIEW AND RECOMMENDATION: The proposed amended plat complies with the PD 32 regulations as amended as well as the Code of Ordinances. The subdivision regulations require that amended plats be approved by the Planning and Zoning Commission and the Town Council. A public notice is not required for an amended plat. Staff recommends approval. ATTACHMENTS:  Exhibit A – Amended Plat  Exhibit B – Ordinance 2015-21 P&Z  Exhibit C – Location and Zoning Maps Town Council Page 274 of 295 Meeting Date: December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¶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ƒ    ¶    ´  :          I H H W  Z L W K  W K H  Q R U W K Z H V W  O L Q H  R I  VD L G  / R W    W R  D Q  L U R Q  U R G  I R X Q G  I R U  F R U Q H U  L Q  W K H HD V W  O L Q H  R I  V D L G  / R W   $   % O R F N  -  & R P P R Q  $ U H D    7+ ( 1 & (  1    ƒ    ¶    ´  :          I HH W  W R  D Q  L U R Q  U R G  V H W  I R U  F R U Q HU  L Q  V D L G  Z H V W  O L Q H  R I  V D L G  2 [ I R U G  3 O D F H  7+ ( 1 & (  D O R Q J  W K H  D U F  R I  D  F X U Y H  W R  W K H  O H I W  K D Y L Q J  D  F H Q W U D O  D Q JO H  R I     ƒ    ¶    ´   D  U D G L XV  R I        I H H W   D Q  D U F OH Q J W K  R I          Z K R V H  F K R U G  EH D U V  6    ƒ    ¶    ´  (         I H H W  Z L W K  V D L G  Z H V W  O L Q H  R I  V D L G  2 [I R U G  3 O D F H  W R  D Q  L U R Q UR G  I R X Q G  I R U  F R U Q H U  7+ ( 1 & (  6    ƒ    ¶    ´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x h i b i t A To w n Co u n c i l Pa g e 27 5 of 29 5 Me e t i n g Date: December 8, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-21 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2013-09 ESTABLISHING PD PLANNED DEVELOPMENT #32 AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING EXHIBIT "B" CONCEPT PLAN, BY CHANGING THE COMMON AREA FOR LOT 1A, BLOCK J, CANTERBURY HILLS PHASE 1 A, FROM 1.087 ACRES TO 1.04 ACRES; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF PLANNED DEVELOPMENT #32, THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING APPLICABLE REGULATIONS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A PENAL TY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of Lot 5 , Block J , Canterbury Hills Phase 1A, zoned as Planned Development #32 ("PD #32 ") filed an application with the Town Planning and Zoning Commission requesting an amendment to PD #32 , more specifically to amend Exhibit "B" entitled "Concept Plan " by changing the common area for Lot 1A from 1.087 acres to 1.04 acres"; and WHEREAS, the owner of the common area identified as Lot 1 A , Block J , Canterbury Hills Phase 1A, has submitted written approval authorizing the proposed amendment , and WHEREAS, all legal notices , requirements and conditions having been compl ied with , the amendment to PD #32 came before the Planning and Zoning Commission and Town Council ; and WHEREAS, after publ ic notices were given in compliance with State law and public hearings were conducted , and after considering the information submitted at the public hearings and all other relevant information and materials , the Planning and Zoning Commiss ion of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance ; and Exhibit B Town Council Page 276 of 295 Meeting Date: December 8, 2015 WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing , the Town Council has concluded that the adoption of this Ordinance amending the Comprehensive Zoning Ordinance of the Town is in the best interests of the Town of Trophy Club , Texas and of the public health, safety and welfare . NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes . SECTION 2. AMENDMENT Ordinance No . 2013-09 of the Town of Trophy Club , Texas , creating the Town's PD Planned Development #32 is hereby amended by this Ordinance amending Exhibit "B" Concept Plan by changing the common area for Lot 1A, Block J , Canterbury Hills Phase 1A from 1.087 acres to 1.04 acres as shown on Exhibit "A " of this Ordinance . SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in PD #32 , the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town . SECTION 4. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified , and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified , not in conflict with the provisions of this Ordinance , shall remain in full force and effect. Notwithstanding the foregoing , any complaint , action , cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. ORD 2015-21 P&Z Page 2 of 5 Exhibit B Town Council Page 277 of 295 Meeting Date: December 8, 2015 SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance , and any person violating or failing to comply with any provision hereof shall be fined , upon conviction , in an amount not less than One Dollar ($1 .00) nor more than Two Thousand Dollars ($2 ,000 .00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues . The penalty provided by this section shall be cumulative of all other penalties allowed by law , including without limitation , civil remedies available for enforcement of this Ordinance. SECTION 6. SEVERABILITY The sections , paragraphs , sentences , phrases , clauses and words of th is Ordinance are severable , and if any section , paragraph , sentence , phrase , clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent j urisdiction , such holding shall not affect the validity of the remaining portions of this Ordinance , and the Town Counc il hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity , which remaining portions shall remain in full force and effect. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish , the Caption , Penalty and Effective Date Clause of this Ordinance as required by Section 52 .011 of the Texas Local Government Code . SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as required by the Town Charter. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law , and it is so ordained. ORD 2015-21 P&Z Page 3 of 5 Exhibit B Town Council Page 278 of 295 Meeting Date: December 8, 2015 PASSED AND APPROVED by the Town Council of the Town of Trophy Club , Texas , this 25th day of August, 2015. ATTEST: Holly Fimbre , Town Secretary Town of Trophy Club , Texas APPROVED AS TO FORM : ~bt ~,ui20Q ~ Patricia A. dams, Town Attorney Town of Trophy Club , Texas ORD 2015-21 P&Z C . Nick Sanders, Ma or Town of Trophy Club , Texas [SEAL] Page 4 of 5 Exhibit B Town Council Page 279 of 295 Meeting Date: December 8, 2015 SHEET OF <fSHEV/LL£ WATERS EDGE Exhibit "A" 0 .509 ACRE RIGHT-Of'-WAY OEOICATION C.C.f 2008-1 I 2587 R.P.R.O.C.T . TRACT J CLUBCORP GOLf OF' TEXAS C.C.f 2000-R001Jl48 O.R.O.C.T. SCALE : I' = 200' 39 AT HOGAN'S GLEN 42 PHASE 2B-2 CAB .· 2012, PAGE 222 17 1557 1558 P •• O.C.T. BLOC K L 38 37 36 DATE ' 02-01-1 J SCAI..£: ,--200· DRAWN 8Y : 8.M.Y. CHECKEO BV: M.J.8 . WATERS EOCE AT HOGAN'S GLEN PHASE 28-1 CAB . 2012, PAGE 42 P.R.D .C.T. 33 TRAC T 1 J.200 ACRES TOWN or TROPHY CLUB VOLUME 2415, PAGE 27 D.R.O.C.T TRACT 1 10.000 AC TOWN OF' TROPHY CLUB VOLUME 2415, PACE 21 D.R.O.C .T. CONCEPT PLAN TRACT 2 Jl•~on411s· CANTERBURY HILLS .. ._. ~ OUT or THC II . llCOUN SUll¥lT AISTUCT NO . Ila ANO Ill[ 7950 [Lll8ROOK ORNE DAU.AS. TIC 75247-49'1 J . IKMCL SUll¥CY. AISTllACT NO. 121 PHONE 214-131-0145 rAx 214-tll-0447 N THC TOWN or TllOPHY CWI OCMTON COUNTY, TOAS ORD 2015-21 P&Z Page 5 of 5 Exhibit B Town Council Page 280 of 295 Meeting Date: December 8, 2015 Su b j e c t Ar e a Ap p l i c a n t ’ s Pr o p e r t y Lo c a t i o n M a p Ex h i b i t C To w n Co u n c i l Pa g e 28 1 of 29 5 Me e t i n g Date: December 8, 2015 Zo n i n g M a p Su b j e c t Ar e a Ap p l i c a n t ’ s Pr o p e r t y Ex h i b i t C To w n Co u n c i l Pa g e 28 2 of 29 5 Me e t i n g Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0799-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/2/2015 Town Council On agenda:Final action:12/8/2015 Title:Discuss and provide direction to Town Staff regarding the Trophy Club Veterans Memorial and designate Council Members to work with Staff and the Trophy Club Women’s Club on the project. Attachments: Action ByDate Action ResultVer. Discuss and provide direction to Town Staff regarding the Trophy Club Veterans Memorial and designate Council Members to work with Staff and the Trophy Club Women’s Club on the project. Town Council Page 283 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0782-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/18/2015 Town Council On agenda:Final action:12/8/2015 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: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 284 of 295 Meeting Date: December 8, 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. AN D 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 285 of 295 Meeting Date: December 8, 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 Applicability. After the effective date of this Article, only Temporary Permits shall be issued by the Town. Annual Permits issued on or before the effective date of this Article (Friday, December 11, 2015), shall remain in effect as long as the conditions of this section are met. Such Permits shall not be transferrable and shall only continue to be valid when utilized at the address to which they were originally issued and if the annual renewal fee of One Hundred Dollars ($100.00) per Permit has been paid and remains current. If a Permit lapses for failure to pay the applicable fee or if the Permit is transferred to a different address, it shall be void. 1. Prohibition – Restricted Hours. It shall be unlawful for any person to stand or park any motor vehicle, trailer, mobile home, motor home, other recreational vehicle, 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. Nothing in this Article shall be construed to authorize the parking of any motor vehicle, trailer, mobile home, motor home, other recreational vehicle, or boat in violation of any other ordinance of the Town specifically applicable to such vehicles. 2. 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 ORD 2015-40 Page 2 of 5 Town Council Page 286 of 295 Meeting Date: December 8, 2015 his designee in accordance with this section. A person may park or stand a motor vehicle, trailer, mobile home, motor home, other recreational vehicle, or boat 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 by no later than 5:00 p.m. of the immediately preceding 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. 3. Authority to Park During Restricted Hours – Temporary Parking 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 beyond the time period approved by the Chief of Police or designee pursuant to subsection 2 above and who meets the requirements of this section to qualify for a Temporary Parking Permit, shall purchase a Temporary Parking Permit from the Town. A Temporary Parking Permit shall only be allowed if there are four (4) or more vehicles at the address of the person requesting the permit. A maximum of one (1) Temporary Parking Permit may be issued per address. Such Permit shall be displayed in the front windshield of a Motor Vehicle located at the address of the applicant so that the Permit is plainly visible to a person standing outside of the Motor Vehicle. A Temporary Parking Permit may be transferred to any vehicle at that address; however, it shall not be transferrable to a third party for use at an address other than the address for which it was purchased. A Temporary Parking Permit authorized by this section shall be issued for a period not to exceed ninety (90) consecutive days within one (1) year from the date of issuance. The Temporary Parking Permit fee shall be fifty dollars ($50.00) 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 a resident 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 287 of 295 Meeting Date: December 8, 2015 4. 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 288 of 295 Meeting Date: December 8, 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 8th day of December, 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 289 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0775-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/17/2015 Town Council On agenda:Final action:12/8/2015 Title:Town Council Liaison Updates; discussion of same: *Parks and Recreation Board, November 16, 2015 Council Liaison - Council Member Philip Shoffner Attachments: Action ByDate Action ResultVer. Town Council Liaison Updates; discussion of same: *Parks and Recreation Board, November 16, 2015 Council Liaison - Council Member Philip Shoffner Town Council Page 290 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0776-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/17/2015 Town Council On agenda:Final action:12/8/2015 Title:Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *EMS Supply Software *Reindeer Romp *Rain Event in Trophy Club Park Attachments: Action ByDate Action ResultVer. Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *EMS Supply Software *Reindeer Romp *Rain Event in Trophy Club Park Town Council Page 291 of 295 Meeting Date: December 8, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0777-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/17/2015 Town Council On agenda:Final action:12/8/2015 Title: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: 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) 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) Attachments:January 12, 2016 Upcoming Agenda.pdf Items for Future Agendas updated 11-25-2015.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 January 12, 2016 meeting and discussion of Future Agenda Items, to include discussion of the below items from the Future Agenda List: A) Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28 Agenda) (2-Feb 10) (3-May 12) (4-August 11) (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) 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) Town Council Page 292 of 295 Meeting Date: December 8, 2015 Meeting Date 1/12/2016 No.Consent STAFF RPT RES ORD PROC File ID Dept 1 Consider and take appropriate action regarding the Minutes dated November 23, 2015.Town Sec 2 Consider and take appropriate action regarding the Minutes dated December 8, 2015.Town Sec 3 Consider and take appropriate action regarding financial and variance report dated November 2015.Finance 4 Consider and take appropriate action regarding the Denton County Interlocal Cooperation Agreement for Ambulance Services.Fire No.Regular Session STAFF RPT RES ORD PROC File ID Dept 5 Consider and take appropriate action regarding the Trophy Club Women’s Club donation to the Town for the purchase of tables and chairs for special events and activities. Parks 6 Consider and take appropriate action regarding an amended Lease Agreement between the Town and Verizon Wireless, and authorizing the Mayor or his designee to execute all necessary documents.Town Mgr 7 Consider and take appropriate action regarding the Public, Educational and Government (PEG) channel fee. Finance 8 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 9 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 10 Town Council Liaison Updates; discussion of same.Town Sec 11 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 12 Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for January 26, 2015 meeting and discussion of Future Agenda Items, to include discussion of the below item from the Future Agenda list: Town Sec 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) No.Executive Session STAFF RPT RES ORD PROC File ID Dept 13 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: No.Regular Session STAFF RPT RES ORD PROC File ID Dept 14 Consider and take appropriate action regarding the Executive Session.Town Sec Town Council Page 293 of 295 Meeting Date: December 8, 2015 Town Council Future Agenda Items List (Updated 11/25/2015) 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-December 8, 2015) 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-December 8, 2015) 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) 11/25/2015 – Town Staff are working with TNP for possible concept plan and cost proposal. 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-December 8, 2015) 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-December 8, 2015) 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- December 8, 2015) 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. Page 1 of 2 Town Council Page 294 of 295 Meeting Date: December 8, 2015 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-December 8, 2015) 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 9. Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016) 10. To open the Council Rules of Procedure. (Shoffner 11/10/2015) (1-February 9, 2016) Page 2 of 2 Town Council Page 295 of 295 Meeting Date: December 8, 2015