Agenda Packet TC 09/04/2012Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMTuesday, September 4, 2012
CALL TO ORDER AND ANNOUNCE A QUORUM
INVOCATION
PLEDGES
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it
is posted on the agenda. The Council is not permitted to take action on or discuss any
presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the
Council addressing those items. You may speak up to three (3) 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.
1.2012-396-T Consider and take appropriate action regarding the Minutes dated August 20, 2012.
August 20, 2012 Minutes.pdfAttachments:
2.2012-397-T Consider and take appropriate action regarding the Minutes dated August 27, 2012.
(Special Session)
August 27, 2012 Minutes.pdfAttachments:
3.2012-398-T Consider and take appropriate action regarding an Interlocal Cooperation Agreement
between Denton County and the Town of Trophy Club for a Shared Governance
Communication and Dispatch Services System; and authorizing the Mayor or her
designee to execute all necessary documents.
2012-13 COMMUNICATIONS - contract 081412 with exhibits.pdfAttachments:
Town Council Page 1 of 129 Meeting Date: September 4, 2012
September 4, 2012Town Council Meeting Agenda
4.2012-414-T Consider and take appropriate action regarding an amendment to the Interlocal
Cooperation Agreement between the Town and Denton County providing County
funding of road improvements for the roundabout at the intersection of Trophy Lake
Drive and Trophy Club Drive and for the reconstruction of a section of Trophy Club
Drive from Durango Drive; and authorizing the Mayor or her designee to execute all
necessary documents.
Amended ICA - Round-about.pdfAttachments:
5.2012-415-T Consider and take appropriate action regarding an Interlocal Cooperation Agreement
between the Town and Denton County relative to County funding of road and drainage
improvements for Indian Creek Drive from Creekmere Drive to Skyline Drive; and
authorizing the Mayor or her designee to execute all necessary documents.
Indian Creek ICA.pdfAttachments:
6.2012-399-T Consider and approve the absence of Council member Schroeder from the following
Town Council meetings for work-related travel:
- September 24, 2012
- October 1, 2012
- October 15, 2012
PUBLIC HEARING
7.2012-400-T Town Council to conduct First Public Hearing regarding proposed tax rate increase for
fiscal year October 1, 2012 to September 30, 2013 and Mayor to announce the date,
time and place of the vote on the tax rate.
REGULAR SESSION
8.2012-404-T Consider and take appropriate action regarding an Ordinance of the Town of Trophy
Club, Texas, authorizing the issuance and sale of Town of Trophy Club, Texas, Tax
Notes, Series 2012; levying a tax in payment thereof; approving a note purchase
agreement and an engagement letter; prescribing the form of the notes; and enacting
other provisions relating to the subject.
Bid Tabulation - Trophy Club.pdf
Regions Bank Proposal - City of Trophy Club, Texas.pdf
REGIONS BANK WINNING BID Tax Notes, Series 2012.pdf
ORD 2012-16 Tax Notes Ordinance 2012.pdf
Engagement Letter - Town of Trophy Club 2012.pdf
Attachments:
9.2012-401-T Consider and take appropriate action regarding an Ordinance of the Town Of Trophy
Club, Texas, Amending Chapter 11 of the Code of Ordinances of the Town, entitled
“Public Works”, Article I, entitled “Refuse, Recyclable, And Hazardous Waste
Materials”, by amending various sections and subsections for the purpose of regulating
refuse collection within the Town; providing for a penalty; and providing an effective
date.
ORD 2012-17.pdfAttachments:
Town Council Page 2 of 129 Meeting Date: September 4, 2012
September 4, 2012Town Council Meeting Agenda
10.2012-405-T Consider and take appropriate action regarding a Resolution of the Town Council of the
Town of Trophy Club accepting an Annual Service and Assessment Plan Update for
Authorized Services for the Town of Trophy Club Public Improvement District No. 1
(The Highlands at Trophy Club); setting a date for a public hearing; authorizing the
publication of notice and directing the mailing of notices as required by law; enacting
other provisions relating thereto; and providing an effective date.
TAX WORKSHEET FY 2013.pdf
RES 2012-22.pdf
Attachments:
11.2012-402-T Consider and take appropriate action regarding the approval of a joint election
agreement and contract for election services with Denton County; and authorizing the
Mayor or her designee to execute all necessary documents.
Joint Contract with Denton County for Nov Election.pdfAttachments:
12.2012-412-T Consider and take appropriate action regarding a request from the Trophy Club
Women's Club for the designation of a small landscaped area within Independence
Park West as a Veteran’s Memorial Garden to honor U.S. Veterans.
Veterans Memorial.pdfAttachments:
13.2012-403-T Consider and take appropriate action regarding the Texas Municipal League
Intergovernmental Risk Pool Board of Trustees Election.
Risk Pool Ballot.pdfAttachments:
14.2012-407-T Town Council Liaison Updates; discussion of same:
- August 21, 2012 - Parks and Recreation Board Meeting; Council member Schroeder
- August 22, 2012 - Economic Development Corporation 4B Meeting; Mayor Pro Tem
Strother
- August 27, 2012 - Charter Review Commission Meeting; Council member Tiffany
15.2012-408-T Town Manager Slye's update regarding the following; discussion of same.
- West Nile Virus
- Vision/Branding/Logo
- November Election Canvassing - Wednesday, November 14, 2012
- Transportation
16.2012-409-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
17.2012-410-T Items for Future Agendas.
Future Agenda Items List.pdfAttachments:
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.
ADJOURN
Town Council Page 3 of 129 Meeting Date: September 4, 2012
September 4, 2012Town Council Meeting Agenda
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, August 30, 2012 by
6:00 P.M. in accordance with Chapter 551, Texas Government Code.
_________________________________
Shannon DePrater, Town Secretary
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
______________________, 2012.
________________________________, Title: ___________________________
Town Council Page 4 of 129 Meeting Date: September 4, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-396-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:8/29/2012 Town Council
On agenda:Final action:9/4/2012
Title:Consider and take appropriate action regarding the Minutes dated August 20, 2012.
Attachments:August 20, 2012 Minutes.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Minutes dated August 20, 2012.
Town Council Page 5 of 129 Meeting Date: September 4, 2012
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, August 20, 2012 at 6:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, August 20,
2012. 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:
Connie White Mayor
Glenn Strother Mayor Pro Tem
Bill Rose Council Member
Jeannette Tiffany Council Member
Danny Mayer Council Member
Clint Schroeder Council Member
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Shannon DePrater Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Michael Aguilera Finance Director
April Reiling PIO/Marketing Manager
Mayor White announced the date of August 20, 2012, called the meeting to order and announced a
quorum at 6:10 p.m.
WORKSHOP SESSION
1. West Nile Virus Briefing / Update; discussion of same.
Lt. Shane Beck provided Council with a West Nile Virus presentation and addressed questions from
Council.
Presentation included in the Minutes.
2. FY13 Department Budget Overview; discussion of same.
Town Manager Slye provide Council with an FY13 Department Budget Overview, including the updates
from the August 3, 2012 Budget Work Session. Slye addressed questions from the Council.
Presentation included in the Minutes.
3. Discussion of agenda items posted for consideration on the Regular Session Council.
4. Discussion of proposed agenda items for the September 4, 2012 Regular Session Agenda.
Mayor White called a short break.
Town Council Page 6 of 129 Meeting Date: September 4, 2012
CONVENE INTO REGULAR SESSION – 7:05 P.M.
The Invocation was offered by Council member Schroeder.
The Pledges were led by Council member Mayer.
5. Recognition of Tom Mills; discussion of same.
Police Chief Kniffen and Mayor White presented Tom Mills the award for Outstanding Crime Prevention.
6. Recognition of Employee of the Quarter; discussion of same.
Town Manager Slye introduced Lt. Shane Beck as the Employee of the Quarter.
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 three (3) 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.
Wanda Franklin, 4 Turnbury Court, addressed the Council and requested that the Town Council reinstate
our community’s involvement with America Supporting Americans.
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.
7. Consider and take appropriate action regarding the Minutes dated August 3, 2012. (Budget
Workshop)
8. Consider and take appropriate action regarding the Minutes dated August 6, 2012.
9. Consider and take appropriate action regarding an Interlocal Cooperation Agreement between
Northwest Independent School District and the Town of Trophy Club for School Resource
Officer services to be provided for the 2012-13 school year, and authorizing the Mayor or her
designee to execute all necessary documents.
10. Consider and take appropriate action regarding an Interlocal Cooperation Agreement between
Tarrant County and the Town of Trophy Club authorizing the Town's participation in Tarrant
County's Cooperative Purchasing Program; designating the Town Manager or his designee as
the official representative to act for the Town in matters relating to the Agreement; and
authorizing the Mayor to execute the Agreement with Tarrant County.
11. Consider and take appropriate action regarding a contract for animal control services with
Brian Hall, AKA Brian the Animal Guy; and authorizing the Mayor or her designee to execute
all necessary documents.
Town Council Page 7 of 129 Meeting Date: September 4, 2012
Motion made by Council member Rose, seconded by Mayor Pro Tem Strother, to approve the consent
agenda items. Motion carried unanimously.
REGULAR SESSION
12. Consider and take appropriate action regarding a Proclamation declaring September 19, 2012,
as “Texting & Driving - It Can Wait" Day.
Motion made by Council member Rose, seconded by Council member Schroeder, to approve
Proclamation 2012-10. Motion carried unanimously.
13. Consider and take appropriate action regarding an amendment to the Interlocal Cooperation
Agreement between the Town and Denton County providing County funding of road
improvements for the roundabout at the intersection of Trophy Lake Drive and Trophy Club
Drive and for the reconstruction of a section of Trophy Club Drive from Durango Drive; and
authorizing the Mayor or her designee to execute all necessary documents.
Motion made by Council member Rose, seconded by Council member Tiffany, to approve the
amendment to the Interlocal Cooperation Agreement between the Town and Denton County providing
County funding of road improvements for the roundabout at the intersection of Trophy Lake Drive and
Trophy Club Drive and for the reconstruction of a section of Trophy Club Drive from Durango Drive; and
authorizing the Mayor or her designee to execute all necessary documents. Motion carried unanimously.
14. Consider and take appropriate action regarding an Interlocal Cooperation Agreement between
the Town and Denton County relative to County funding of road and drainage improvements
for Indian Creek Drive from Creekmere Drive to Skyline Drive; and authorizing the Mayor or
her designee to execute all necessary documents.
Motion made by Council member Mayer, seconded by Council member Schroeder, to approve the
Interlocal Cooperation Agreement between the Town and Denton County relative to County funding of
road and drainage improvements for Indian Creek Drive from Creekmere Drive to Skyline Drive; and
authorizing the Mayor or her designee to execute all necessary documents. Motion carried unanimously.
15. Consider and take appropriate action regarding the approval of an Ordinance ordering and
calling a special election on a measure within the Town of Trophy Club to be held on
November 6, 2012 to allow the citizens to vote for or against a combined proposition to reduce
the sales tax rate of the Trophy Club Economic Development Corporation 4A from the current
rate of one-half of one percent to the rate of one-fourth of one percent and to increase the
sales tax rate of the Trophy Club Economic Development Corporation 4B from the current rate
of one-fourth of one percent to the rate of one-half of one percent; providing for canvassing of
returns; adopting provisions relative to publication and other matters necessary to conduct
the election; and providing an effective date.
Motion made by Council member Schroeder, seconded by Council member Tiffany, to approve
Ordinance 2012-15 ordering and calling a special election on a measure within the Town of Trophy Club
to be held on November 6, 2012 to allow the citizens to vote for or against a combined proposition to
reduce the sales tax rate of the Trophy Club Economic Development Corporation 4A from the current rate
of one-half of one percent to the rate of one-fourth of one percent and to increase the sales tax rate of the
Trophy Club Economic Development Corporation 4B from the current rate of one-fourth of one percent to
the rate of one-half of one percent; providing for canvassing of returns; adopting provisions relative to
publication and other matters necessary to conduct the election; and providing an effective date. Motion
carried unanimously.
Town Council Page 8 of 129 Meeting Date: September 4, 2012
Amended motion made by Council member Rose, seconded by Council member Tiffany to allow for the
deletion of paragraph two of Section 8. Motion carried unanimously.
16. Consider and take appropriate action regarding a Resolution for the appointment of Deena
Boudreau to EDC4A to serve for the remainder of an unexpired term in order to ensure the
availability of a quorum to consider and adopt a fiscal year 2012/2013 budget for EDC4A; and
providing an effective date.
Motion made by Council member Rose, seconded by Council member Schroeder, to approve Resolution
2012-20 with the correction to the caption and also to provide a waiver to Dena Boudreau to allow her to
serve on two committees should that opportunity arise. Motion carried unanimously.
17. Consider and take appropriate action regarding the negotiations between the Town and Allied
Waste Services, Inc., for solid waste and recyclable materials collection, transportation and
disposal services.
Jeri Harwell, Republic Services/Allied Waste, asked Council for support of the existing contact and allow
Republic Services/Allied Waste to use the month of September to educate and market the current
stipulations in the contact and on October 1, 2012 – no trash pickup of carts larger than 33 gallons.
Town Manager Slye recommended to the Council to make no changes to the current contract at this time
and allow Staff to bring proposed amendments to existing Town ordinances regulating trash containers to
Council for consideration at the September 4, 2012 meeting.
The following residents spoke against taking action:
• Patricia Jayne (Pat) Keefer, 216 Fresh Meadow
• Jim Parrow, 8 Brookfield Court
• Bill Armstrong, 18 Avenue Twenty
Council member Mayer requested that his handout given to the Town Council be made part of the
minutes.
Discussion only; no action taken.
Handout included in the minutes.
18. Consider and take appropriate action regarding the designation of an Economic Development
Corporation 4A Council Liaison and a Parks and Recreation Board Council Liaison.
Motion made by Council member Tiffany, seconded by Mayor Pro Tem Strother, to appoint Council
Member Schroeder as the Parks and Recreation Board Council Liaison and Council member Rose as the
Economic Development Corporation 4A Council Liaison. Motion carried unanimously.
Mayor White called a short break and resumed the meeting at 8:58 p.m.
19. Consider and take appropriate action regarding financial and variance reports dated June
2012 and July 2012.
Motion made by Mayor Pro Tem Strother, seconded by Council member Schroeder, to approve the
financial and variance reports for June 2012 and July 2012 as presented. Motion carried unanimously.
Town Council Page 9 of 129 Meeting Date: September 4, 2012
20. Town Council Liaison Updates; discussion of same:
- August 15, 2012 TCMUD No. 1 Meeting; Council member Rose
Council member Rose updated the Council of the August 15, 2012 TCMUD No. 1 meeting and addressed
questions. No action taken, update only.
21. Town Manager Slye's update regarding the following; discussion of same.
- Royal Troon Neighborhood Town Hall Meeting
- Transportation
Town Manager Slye updated the Council and addressed questions. No action taken, update only.
22. Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
- August 7, 2012 - Chamber Luncheon
- August 8, 2012 - Northwest Communities Partnership Meeting
- August 10, 2012 - North Texas Commission Meeting
- August 14, 2012 - Northeast Leadership Forum
- August 16, 2012 - Metroport Cities Partnership Meeting
Mayor White and Council members gave a brief update of the meetings they attended since the last
Council meeting. No action taken, update only.
23. Items for Future Agendas.
This item allows Council to request the placement of items on upcoming agendas when the topic of
discussion requires research and review that cannot be accomplished in the time frame between regular
Council meetings. However, a Council Member may request that an item be placed on the next regularly
scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda
items must comply with Charter requirements.
1. Consider and take appropriate action regarding procurement policies and their alignment with State
statutes. (Rose, 2/1/10)
2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and
Production (Rose, 4/26/10)
3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes
from the developer. (Stotts, 10/4/10)
4. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout
the Town. (White, 2/24/2011)
5. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and
political signs) (White and Cantrell, 5/2/2011)
6. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011)
7. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011)
8. Consider and take appropriate action regarding splash pad options at Harmony Park, including
input/direction from Council to Staff to start construction and have available next summer. (Strother,
8/1/2011)
9. Consider and take appropriate action regarding the possibility of erecting a marquee at the North
entrance of the Town and asking the MUD and/or developers to help with the funding. (Cantrell,
11/14/2011)
10. Consider and take appropriate action regarding Food Prep Carts for sporting events and special
events and to review/update Park Policies (Cantrell, 5/7/2012)
Town Council Page 10 of 129 Meeting Date: September 4, 2012
11. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances
Defined” (Schroeder, 6/21/2012)
12. Consider and take appropriate action regarding a Joint Use Agreement with Northwest Independent
School District for resident use of the Byron Nelson High School Library. (White, 7/16/2012)
Council member Mayer asked that “Consider and take appropriate action regarding America Supporting
Americas” be placed on the list.
Mayor White asked that “Consider and take appropriate action regarding the creation of a Youth Council
within Trophy Club” be placed on the list. Council Member Schroeder agreed and volunteered to help
where necessary.
EXECUTIVE SESSION
24. Pursuant to the following designated sections of Texas Government Code, Annotated,
Subchapter 551, the Council will enter into executive session to discuss the following items:
(A) Texas Government Code Section 551.071 (b). Consultation with the Town 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 pursuant to Section 551.071 (b) of the Texas Open Meetings Act:
(1) Employee Services and Benefits Provided to MUD1 Employees
(B) Texas Government Code Section 551.074(a)(1). To discuss or deliberate the appointment,
employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or
employee pursuant to Section 551.074 (a)(1) of the Texas Open Meetings Act:
(1) Town Manager, Mike Slye
COUNCIL CONVENED INTO EXECUTIVE SESSION AT 9:40 P.M.
RECONVENE INTO REGULAR SESSION
COUNCIL RECONVENED INTO REGULAR SESSION AT 10:58 P.M.
25. Consider and take appropriate action regarding the Executive Session.
Motion made by Council member Rose, seconded by Council member Schroeder, to have the Town
Manager and Mayor advise and give direction to the District Manager regarding the SEMO Contract.
Motion carried unanimously.
No action taken.
ADJOURN
Motion made by Mayor Pro Strother, seconded by Council member Schroeder to adjourn. Motion carried
unanimously. Meeting adjourned at 11:00 p.m.
___________________________________ ___________________________________
Shannon DePrater, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 11 of 129 Meeting Date: September 4, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-397-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:8/29/2012 Town Council
On agenda:Final action:9/4/2012
Title:Consider and take appropriate action regarding the Minutes dated August 27, 2012. (Special Session)
Attachments:August 27, 2012 Minutes.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Minutes dated August 27, 2012. (Special Session)
Town Council Page 12 of 129 Meeting Date: September 4, 2012
MINUTES FROM SPECIAL SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, August 27, 2012 at 8:00 A.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Monday, August 27,
2012. 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:
Connie White Mayor
Glenn Strother Mayor Pro Tem
Jeannette Tiffany Council Member
Danny Mayer Council Member
TOWN COUNCIL MEMBERS ABSENCE:
Bill Rose Council Member
Clint Schroeder Council Member
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Shannon DePrater Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
April Reiling PIO/Marketing Manager
Carolyn Huggins Community Development Director
Adam Adams Parks and Recreation Director
Mayor White announced the date of August 27, 2012, called the meeting to order and announced a
quorum at 8:02 a.m. Mayor White stated that Council members Rose and Schroeder would not be in
attendance.
CONVENE INTO PUBLIC HEARING - 8:02 A.M.
1. Town Council to conduct a Public Hearing relative to Aerial Spraying to help combat West Nile
Virus.
Mr. Robert Martinez, Emergency Preparedness Coordinator, from Denton County Health Department
addressed the Town Council and provided a brief update of the current statistics regarding West Nile
Virus and how each West Nile Case is reported and investigated. Mr. Martinez continued his
presentation with how Denton County made the decision to recommend Aerial Spraying and what occurs
during AerialAerial Spraying. Mr. Martinez completed his presentation by addressing questions from both
the Town Council and residents.
The following residents address the Council regarding Aerial Spraying:
• Pearl Ford, 2 Spring Creek Court – FOR Aerial Spraying
• Denise Cooper, 200 Village Trail – FOR Aerial Spraying
• Kathleen Peardot, 2732 Waverley Drive – FOR Aerial Spraying
• Noruthula Awitira – 2740 Waverley Drive - asked questions of Mr. Martinez about the
effectiveness of Aerial spraying and what resources are available to those areas that Aerial
spraying will not be as effective and requested a task force to research the continuation of ways
to combat West Nile Virus in the future
Town Council Page 13 of 129 Meeting Date: September 4, 2012
• Bert Miller, 6 Cypress – asked if the proposed time of spraying is the most effective time to spray
• Jim Thomas, 7 Meadowbrook Lane – asked if the mosquito larvae is affected by the spraying and
if pond fish will be affected
• Greg Lamont, 15 Avalon Drive – asked if the Town or County will have any legal ramifications of
the Aerial Spraying
CONVENE INTO SPECIAL SESSION – TIME 8:57 A.M.
2. Consider and take appropriate action regarding a Resolution declaring a local state of disaster
because of an imminent threat to Public Health and Safety due to a sever outbreak of West
Nile Virus within the limits of the Town of Trophy Club, Texas and authorizing the participation
of aerial spraying for the purpose of mosquito eradication; and providing an effective date.
Motion made by Council member Mayer, seconded by Council member Tiffany to approve Resolution
2012-21 declaring a local state of disaster because of an imminent threat to Public Health and Safety due
to a sever outbreak of West Nile Virus within the limits of the Town of Trophy Club, Texas and authorizing
the participation of aerial spraying for the purpose of mosquito eradication; and providing an effective
date. Motion carried unanimously.
ADJOURN
Motion made by Mayor Pro Tem Strother, seconded by Council member Mayer to adjourn. Motion
carried unanimously. Meeting adjourned at 9:10 a.m.
___________________________________ ___________________________________
Shannon DePrater, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 14 of 129 Meeting Date: September 4, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-398-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:8/29/2012 Town Council
On agenda:Final action:9/4/2012
Title:Consider and take appropriate action regarding an Interlocal Cooperation Agreement between Denton
County and the Town of Trophy Club for a Shared Governance Communication and Dispatch
Services System; and authorizing the Mayor or her designee to execute all necessary documents.
Attachments:2012-13 COMMUNICATIONS - contract 081412 with exhibits.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding an Interlocal Cooperation Agreement between Denton County and the
Town of Trophy Club for a Shared Governance Communication and Dispatch Services System; and authorizing the
Mayor or her designee to execute all necessary documents.
EXPLANATION:
Denton County S.O. provides dispatch services for police, fire, and EMS agencies throughout Denton County. There is a
need to increase staffing at the sheriffs office in order to provide additional services to these agencies. This interlocal
agreement would provide for a service fee to be paid by the Town of Trophy Club to Denton County for the dispatch
services provided.
TOWN COUNCIL GOAL(S):
Goal #1: Safe and secure community.
Maintain low crime rate
Increase citizen awareness and involvement in crime prevention
Provide superior Emergency Services
Improve data security
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Enhance citizen volunteer opportunities
Expand and promote recreational / active life style opportunities for all ages
Forge collaborative relationships with other governmental and public entities
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommends approval of this agreement - annual cost $40,778 (this is a $10,363 decrease from last year’s
contribution.)
Town Council Page 15 of 129 Meeting Date: September 4, 2012
D ENTON C OUNTY S HERIFF’S O FFICE
MANDY SMITHERS
127 N. Woodrow Lane
Denton, TX 76205
SENIOR PARALEGAL & CUSTODIAN OF RECORDS Phone (940)349-2390
Fax (940) 349-2392
mandy.smithers@dentoncounty.com
TO: All Agencies
FROM: Mandy Smithers
DATE: August 14, 2012
SUBJECT: 2012-13 Interlocal Cooperation Agreement for Shared Governance
Communications & Dispatch Services System
Attached is the 2012-13 Interlocal Agreement for Shared Governance Communications &
Dispatch Services System. Cities may combine Police & Fire into one contract.
Remember to send payments to the Denton County Auditor’s Office at the address listed on the
Exhibit C, Payment Worksheet.
Please send 2 originals to our office when you have approved and signed.
Please return the contracts on or before October 10, 2012.
All contracts will be presented to the Commissioners Court on
Tuesday, October 23, 2012. They will be mailed back to the cities
the following week after Commissioners Court approval.
Return signed contracts to:
Checklist for the forms:
Please call Mandy Smithers if you have any questions!
940-349-2390
1 Page 1 – Name of Agency
2 Page 4 – Name & Address of Agency
3 Page 6 – Signature Page
Name & Address of Agency
4 Exhibit B – Fill in Name of Agency
5 Exhibit B – Sign Agreement
6 Exhibit C – Fill in Payment Worksheet
7 Mail Signed Agreements to address listed above.
Mandy Smithers
Denton County Sheriff’s Office
127 N. Woodrow Lane
Denton, TX 76205
Town Council Page 16 of 129 Meeting Date: September 4, 2012
Interlocal Cooperation Agreement for
Shared Governance Communications & Dispatch Services System
2012-13 Page 1
STATE OF TEXAS §
§
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT FOR
SHARED GOVERNANCE COMMUNICATIONS & DISPATCH SERVICES SYSTEM
This Interlocal Cooperation Agreement for Shared Governance Communications and
Dispatch Services System, hereinafter referred to as "Agreement", is made by and between Denton
County, a political subdivision of the State of Texas, hereinafter referred to as the “County”, and
Name of Agency:
hereinafter referred to as “Agency”.
WHEREAS, the County is a duly organized political subdivision of the State of Texas
engaged in the administration of county government and related services for the benefit of the
citizens of Denton County, Texas; and
WHEREAS, the Agency is duly organized and operating under the laws of the State of
Texas engaged in the provision of municipal government and/or related services for the
benefit of the citizens of Agency; and
WHEREAS, parties agree that the utilization of combined communications and dispatch
services system will be in the best interests of both the County and the Agency,
WHEREAS, the County and the Agency mutually desire to be subject to the provisions of
the Interlocal Cooperation Act of the V.T.C.A. Government Code, Chapter 791; and
NOW THEREFORE, the County and the Agency, for the mutual consideration
hereinafter stated, agree and understand as follows:
1. PURPOSE. The Denton County Sheriff (“Sheriff”) has the facilities to provide
emergency telecommunications and dispatch services throughout Denton County. The Agency
wishes to utilize the Sheriff’s available telecommunications and dispatch services (“Services”)
during the term of this agreement.
2. ADVISORY BOARD. The Denton County Sheriff’s Office will establish an
Advisory Board for the Shared Governance Communication and Dispatch System “Advisory
Board”. The membership of the board shall be the Chief of each Agency, or designee. The
Advisory Board may advise and make recommendations to the Sheriff and the Sheriff’s Office
on matters relating to the Communications Center, as well as the recommendations for the
Annual Agency Workload and Cost Statistics, within the limitations set forth in paragraph 6.1,
herein.
3. TERM OF AGREEMENT. The initial term of this Agreement shall be for a one year
period beginning October 1, 2012 and ending on September 30, 2013.
4. TERMINATION OF AGREEMENT. Either party may terminate this agreement,
with or without cause, after providing ninety (90) days written notice to the other party.
Town Council Page 17 of 129 Meeting Date: September 4, 2012
Interlocal Cooperation Agreement for
Shared Governance Communications & Dispatch Services System
2012-13 Page 2
5. ANNUAL SERVICE FEE. Each Agency shall pay to the County a fee for service for
services based on the workload generated by the Agency.
5.1. Agency shall pay to County the Total Amount more fully described on
Exhibit “A”, the Agency Workload and Cost Statistics.
5.2. The Agency shall complete Exhibit “B”, Agency Payment Worksheet, to
identify the payment terms preferred by Agency. Agency is responsible
for sending payments to County.
5.3. The fee for service will be based on the pro rata share of the workload
generated by the Agency.
5.4. County agrees to provide Agency a proposed service fees for the next
budget/fiscal year as agreed by the parties.
5.5 If this Agreement is terminated prior to the expiration of the term of the
Agreement, payment shall be pro-rated by written agreement between
the parties.
6. COUNTY SERVICES AND RESPONSIBILITIES. The County agrees to provide the
following services and responsibilities:
6.1 The Sheriff shall have the sole discretion as to the method of providing
the Services including, but not limited to the order of response to calls, and shall be the sole
judge as to the most expeditious and effective manner of handling and responding to calls for
service or the rendering thereof. The Sheriff shall have the sole discretion as to the method and
final decision regarding the annual workload and cost statistics. The Sheriff will devote
sufficient time to insure the performance of all duties and obligations set forth herein.
6.2 County shall furnish full-time communications services including a
twenty-four (24) hours a day, seven (7) days a week public safety answering point, radio
services, dispatching services, or law enforcement transmission originating from AGENCY
requesting law enforcement and fire protection services and access to local, regional, state, and
national data bases and telecommunications systems.
6.3 The services provided by County include the following:
6.3.1 twenty-four (24) hours a day, seven (7) days a week public safety
answering point;
6.3.2. receiving emergency and routine calls for law enforcement, fire,
and medical services;
6.3.3 directing a response to said calls by dispatching the appropriate
law enforcement, fire, and medical services;
6.3.4. providing on-going communication support to the emergency
personnel in the field; and
6.3.5 updating, maintaining, and managing the County owned radio
communications system, computer systems, support files, and
resource materials necessary to accomplish the above.
6.4 County may add new Agencies not currently served by Denton County at
the discretion of Denton County and the Denton County Sheriff’s Office.
7. AGENCY RESPONSIBILITIES. The Agency agrees to the following responsibilities:
7.1 Providing accurate current GIS data of the corporate limits and
extraterritorial jurisdiction of the Agency.
7.2 Furnish County with a current list of all Officers and Reserves authorized
Town Council Page 18 of 129 Meeting Date: September 4, 2012
Interlocal Cooperation Agreement for
Shared Governance Communications & Dispatch Services System
2012-13 Page 3
by Agency to use the communications system.
7.3 Agency is responsible for the costs and upgrades associated with
maintaining Agency’s communication equipment.
7.4 Agency agrees to abide by all laws of the United States and the State of
Texas and all present or hereafter approved rules, policies and
procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in
the future associated with TLETS concerning the collection, storage,
processing, retrieval, dissemination and exchange of information for
criminal justice purposes
7.5 Adherence to all Sheriff’s Office communications rules and regulations.
7.6 Agency agrees to provide all necessary and required TLETS paperwork. See
Exhibit “C”.
7.7 Appoint representative and agree to participate in the Advisory Board.
7.8 Agency is responsible for sending payments to County as more fully
described in Exhibit “B” to this Agreement.
8. AGREEMENT. The parties acknowledge they have read and understand and
intend to be bound by the terms and conditions of this Agreement. This Agreement contains
the entire understanding between the parties concerning the subject matter hereof. No prior
understandings, whether verbal or written, between the parties or their agents are enforceable
unless included in writing in this agreement. This Agreement may be amended only by written
instrument signed by both parties.
9. AGREEMENT LIASONS. Each party to this agreement shall designate a Liaison to
insure the performance of all duties and obligations of the parties. The Liaison for each party
shall devote sufficient time and attention to the execution of said duties on behalf of the Party
to ensure full compliance with the terms and conditions of this Agreement.
10. ASSIGNMENT. Neither party shall assign, transfer, or sub-contract any of its
rights, burdens, duties, or obligations under this Agreement without the prior written permission
of the other party to this Agreement.
11. AGENCY LIABILITY. The Agency understands and agrees that the Agency, its
employees, servants, agents, and representatives shall at no time represent themselves to be
employees, servants, agents, and/or representatives of the County. The Agency shall not be
required to indemnify nor defend County for any liability arising out of the wrongful acts of
employees or agents of County to the extent allowed by Texas law.
12. COUNTY LIABILITY. The County understands and agrees that the County, its
employees, servants, agents, and representatives shall at no time represent themselves to be
employees, servants, agents, and/or representatives of the Agency. The County shall not be
required to indemnify nor defend Agency for any liability arising out of the wrongful acts of
employees or agents of Agency to the extent allowed by Texas law.
13. DISPUTES/RECOURSE. County and Agency agree that any disputes or
disagreements that may arise which are not resolved at the staff level by the parties should be
referred to the Appointed Liaisons for each entity. Any further disputes arising from the failure
of either Agency or County to perform and/or agree on proportionate reduction in fees shall
be submitted to mediation, with the parties splitting the mediation fees equally. It is further
agreed and understood that the scope of matters to be submitted to dispute mediation as
referenced above is limited to disputes concerning sufficiency of performance and duty to pay
Town Council Page 19 of 129 Meeting Date: September 4, 2012
Interlocal Cooperation Agreement for
Shared Governance Communications & Dispatch Services System
2012-13 Page 4
or entitlement, if any, to any reduced fee or compensation. Any other disputes or conflicts
involving damages or claimed remedies outside the scope of sufficiency of performance and
compensation adjustment shall be referred to a court of competent jurisdiction in Denton
County, Texas.
14. EXHIBITS. Attached hereto, and referred to elsewhere in this Agreement are the
following Exhibits, which are hereby incorporated by reference.
Exhibit A Agency Workload and Cost Statistics
Exhibit B TEXAS LAW ENFORCEMENT TELECOMMUNICATION SYSTEM
(TLETS) NON - TWENTY-FOUR HOUR
TERMINAL AGENCY AGREEMENT
Exhibit C Agency Payment Worksheet
15. MULTIPLE ORIGINALS. It is understood and agreed that this Agreement may be
executed in a number of identical counterparts, each of which shall be deemed an original for
all purposes.
16. NOTICES. All notices, demands or other writings may be delivered by either party
by U.S. First Class Mail or by other reliable courier to the parties at the following addresses:
County: 1 Denton County Judge
Denton County Commissioners Court
110 West Hickory, Room #207
Denton, Texas 76201
2 Denton County Sheriff
Denton County Sheriff’s Office
127 N. Woodrow Lane
Denton, Texas 76205
3 Assistant District Attorney
Denton County Criminal District Attorney’s Office
127 N. Woodrow Lane
Denton, Texas 76205
Name of Agency:
Contact Person
Address
City, State, Zip
Telephone
Town Council Page 20 of 129 Meeting Date: September 4, 2012
Interlocal Cooperation Agreement for
Shared Governance Communications & Dispatch Services System
2012-13 Page 5
17. SEVERABILITY. The validity of this Agreement and/or any of its terms or
provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws
of the State of Texas. Further, this Agreement shall be preformed and all compensation payable
in Denton County, Texas. In the event that any portion of this Agreement shall be found to be
contrary to law, it is the intent of the parties hereto that the remaining portions shall remain
valid and in full force and effect to the extent possible.
18. THIRD PARTY. This Agreement is made for the express purpose of providing
communications and dispatch services, which both parties recognize to be a governmental
function. Except as provided in this Agreement, neither party assumes any liability beyond
that provided by law. This Agreement is not intended to create any liability for the benefit of
third parties.
19. VENUE. This agreement will be governed and construed according to the laws
of the State of Texas. This agreement shall be performed in Denton County, Texas.
20. WAIVER. The failure of County or Agency to insist upon the performance of
any term or provision of this Agreement or to exercise or enforce any right herein conferred,
or the waiver of a breach of any provision of this Agreement by either party, shall not be
construed as a waiver or relinquishment to any extent of either party’s right to assert or rely
upon any such term or right, or future breach of such provision, on any future occasion.
21. AUTHORIZED OFFICIALS. Each party has the full power and authority to enter
into and perform this Agreement. The persons executing this Agreement represent they have
been properly authorized to sign on behalf of their governmental entity.
22. CURRENT FUNDS. All payments made by Agency to County pursuant to this
Agreement shall be from current revenues available to Agency.
23. DISPATCH & COMMUNICATION RECORDS. The parties acknowledge that the
Denton County Sheriff’s Office may release dispatch and communication records of Agency
pursuant to the Texas Public Information Act until such a time that the parties agree to transfer
such responsibility to Agency.
Town Council Page 21 of 129 Meeting Date: September 4, 2012
Interlocal Cooperation Agreement for
Shared Governance Communications & Dispatch Services System
2012-13 Page 6
DENTON COUNTY, TEXAS AGENCY
___________________________________
______________________________________
Signature
Mary Horn, County Judge
Denton County Commissioners Court
110 West Hickory, Room #207
Denton, Texas 76201
(940)349-2820
EXECUTED duplicate originals on this
Date:________________________
EXECUTED duplicate originals on this
Date:___________________________
Approved as to content:
_____________________________
Denton County Sheriff’s Office
Approved as to content:
_____________________________
Agency
Approved as to form:
_____________________________
Assistant District Attorney
Denton County Criminal District
Attorney’s Office
Approved as to form:
_______________________________
Attorney for Agency
Town Council Page 22 of 129 Meeting Date: September 4, 2012
Town Council Page 23 of 129 Meeting Date: September 4, 2012
TEXAS LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (TLETS)
NON - TWENTY-FOUR HOUR TERMINAL AGENCY AGREEMENT 2012-13
Twenty-Four Hour Terminal Agency DENTON COUNTY SHERIFF’S OFFICE
Non Twenty-Four Hour Terminal Agency
This document constitutes an agreement between the following parties:
The Twenty-Four Hour Terminal Agency agrees to make entries into the Texas Crime Information Center
(TCIC) and the National Crime Information Center (NCIC) computers for the Non Twenty-Four Hour
Terminal Agency.
All records must be entered with the Twenty-Four Hour Agency’s ORI, and all case reports and original
warrants must be held at the Twenty-Four Hour Agency for hit confirmation purposes.
The Non Twenty-Four Hour Agency agrees to abide by all laws of the United States and the State of
Texas and all present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC,
NCIC and any other system now or in the future associated with TLETS concerning the collection,
storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes.
The Twenty-Four Hour Agency reserves the right to suspend service to the Non Twenty-Four Hour
Agency which may include canceling of records entered for the Non Twenty-Four Hour Agency when
applicable policies are violated. The Twenty-Four Hour Agency may reinstate service following such
instances upon receipt of satisfactory assurances that such violations have been corrected.
In order to comply with NCIC policies established by the NCIC Advisory Policy Board, the Non Twenty-
Four Hour Agency agrees to maintain accurate records of all TCIC/NCIC entries made through the
Twenty-Four Hour Agency and to immediately notify the Twenty-Four Hour Agency of any changes in the
status of those reports to include the need for cancellation, addition, deletion or modification of
information. The Twenty-Four Hour Agency agrees to enter, update and remove all records for the Non
Twenty-Four Hour Agency on a timely basis, as defined by NCIC.
In order to comply with NCIC Validation requirements, the Non Twenty-Four Hour Agency agrees to
perform all validation procedures as required by NCIC on all records entered through the Twenty-Four
Hour Agency.
Either the Twenty-Four Hour Agency or the Non Twenty-Four Hour Agency may, upon thirty days written
notice, discontinue this agreement.
To the extent allowed by the laws of the State of Texas, the Non Twenty-Four Hour Agency agrees to
indemnify and save harmless the Twenty-Four Hour Agency as well as the DPS, its Director and
employees from and against all claims, demands, actions and suits, including but not limited to any
liability for damages by reason of or arising out of any false arrests or imprisonment or any cause of the
Non Twenty-Four Hour Agency or its employees in the exercise of the enjoyment of this Agreement.
In witness whereof, the parties hereto caused this agreement to be executed by the proper officers and officials.
DENTON COUNTY SHERIFF’S OFFICE AGENCY
By: Benny Parkey By:
Title: Denton County Sheriff Title:
Date: ________________________________ Date:
Town Council Page 24 of 129 Meeting Date: September 4, 2012
2012-13 Budget Year
AGENCY PAYMENT WORKSHEET
Agency:
Payment Contact Person:
Phone Number:
Address:
City, State, Zip
AGENCY TOTAL AMOUNT DUE $
Agency Should Include this Worksheet with Each Payment Sent to Denton County.
Make checks payable to: Denton County
Mail payments to:
Communications Agreement Payments
Denton County Auditor
401 W. Hickory, Suite 423
Denton, Texas 76201-9026
1 One Annual Payment (100%)
2 Two Payments (50%)
3 Four Payments (25%)
4 Twelve Monthly Payments
5 Other Payment Option
Payment Plan Options
Agency MUST
Select One
Payment Option
Other Payment Information/Details: (expected dates of payments, amounts, etc.)
Town Council Page 25 of 129 Meeting Date: September 4, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-414-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/30/2012 Town Council
On agenda:Final action:9/4/2012
Title:Consider and take appropriate action regarding an amendment to the Interlocal Cooperation
Agreement between the Town and Denton County providing County funding of road improvements for
the roundabout at the intersection of Trophy Lake Drive and Trophy Club Drive and for the
reconstruction of a section of Trophy Club Drive from Durango Drive; and authorizing the Mayor or her
designee to execute all necessary documents.
Attachments:Amended ICA - Round-about.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding an amendment to the Interlocal Cooperation Agreement between the
Town and Denton County providing County funding of road improvements for the roundabout at the intersection of Trophy
Lake Drive and Trophy Club Drive and for the reconstruction of a section of Trophy Club Drive from Durango Drive; and
authorizing the Mayor or her designee to execute all necessary documents.
EXPLANATION:
There was a math error in calculating the original ICA amendment that was considered at the last Council meeting
(reducing the original ICA to $1,600,000.) This corrects the error and will provide additional flexibility as we get closer to
completing this contract. Any remaining money can be redirected to the Indian Creek project with another amendment in
the future. This action will amend the original ICA to a total of $1,700,000.
TOWN COUNCIL GOAL(S):
Goal #4: Healthy, Picturesque, and Environmentally Sound
Promote recreational / active lifestyle opportunities for all ages
Maintain neat and tidy appearance
Improve property maintenance standards and code enforcement
Develop / Enhance environmental and sustainability standards and programs
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommends approval of this Interlocal Cooperation Agreement.
Town Council Page 26 of 129 Meeting Date: September 4, 2012
ICA – 1st Amendment – Trophy Club Round-about Project. Page 1 of 4
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT BETWEEN
DENTON COUNTY, TEXAS, AND THE TOWN OF TROPHY CLUB, TEXAS
THIS AMENDMENT is made and entered into by and between Denton County, Texas,
a corporate and political body under the laws of the State of Texas, hereinafter "the County," and
the Town of Trophy Club, Texas, a political subdivision of the State of Texas, hereinafter "the
Town," whereby the County and the Town are both collectively referred to herein as "the
Parties." On March 27, 2012, the Parties entered into an Interlocal Cooperation Agreement
under Denton County Commissioners Court Order Number: 12-0251, hereinafter "the original
Agreement," for the purpose of providing all necessary design, right-of-way acquisition, utility
relocation, construction, construction management and inspections of the Trophy Club Drive
Project, which consists of street and drainage improvements at the intersection of Trophy Club
Drive and Trophy Lake Drive, hereinafter “the intersection,” reconstruction of the intersection
from a three-way “T” intersection to a modified two-lane urban roundabout and reconstruction of
the section of Trophy Club Drive from the intersection to Durango Drive to a four-lane, divided
urban roadway, hereinafter referred to as the “Project.” The Project was to be performed entirely
within the boundaries of the Town and Denton County Commissioner Precinct #4, at a total
estimated project cost of TWO MILLION AND NO/100 DOLLARS ($2,000,000.00) with the
County agreeing to contribute an amount which shall not exceed TWO MILLION AND
NO/100 DOLLARS ($2,000,000.00).
WHEREAS, the Parties to the original Agreement now intend to amend Section II and
Section III of the original Agreement. Amended Section II will reflect that the total cost of the
Project is ONE MILLION SEVEN HUNDRED THOUSAND AND NO/100 DOLLARS
($1,700,000.00). Amended Section III will reflect that the County’s contribution toward
satisfactory completion of the Project under this Agreement shall not exceed ONE MILLION
SEVEN HUNDRED THOUSAND AND NO/100 DOLLARS ($1,700,000.00).
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
contained in the original Agreement and as contained herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the
Town hereby agree to amend Section II and Section III of the original Agreement to reflect the
Town Council Page 27 of 129 Meeting Date: September 4, 2012
ICA – 1st Amendment – Trophy Club Round-about Project. Page 2 of 4
decreased cost of the Project. All other terms and conditions of the original Agreement are hereby
affirmed by the Parties. The amended portions of the original Agreement are as follows:
AMENDED SECTION II.
* * *
The County and the Town hereby agree that the scope of the Project shall be limited to
providing all necessary design, right-of-way acquisition, utility relocation, construction,
construction management and inspections of the Trophy Club Drive Project, which consists of
street and drainage improvements at the intersection of Trophy Club Drive and Trophy Lake
Drive, hereinafter “the intersection,” reconstruction of the intersection from a three-way “T”
intersection to a modified two-lane urban roundabout and reconstruction of the section of Trophy
Club Drive from the intersection to Durango Drive to a four-lane, divided urban roadway located
in the Town and in Denton County Commissioner Precinct #4, at a total estimated cost of
completion of ONE MILLION SEVEN HUNDRED THOUSAND AND NO/100 DOLLARS
($1,700,000.00).
AMENDED SECTION III.
* * *
The County hereby agrees to contribute an amount which shall not exceed ONE
MILLION SEVEN HUNDRED THOUSAND AND NO/100 DOLLARS ($1,700,000.00)
toward satisfactory completion of the Project, provided that any and all funding is approved by
formal action of the Denton County Commissioners Court.
* * *
This Amendment to the original Agreement shall replace and supersede Section II and
Section III of the original Agreement between the Parties. All other provisions of the
original Agreement shall remain in full force and effect unless modified by subsequent
written amendment signed by both of the Parties to the original Agreement.
This Amendment may be executed in multiple counterparts, attached to the original
Agreement, and shall collectively constitute an Amendment to the original Agreement. All
other terms and conditions of the original Agreement are hereby affirmed by the Parties.
Town Council Page 28 of 129 Meeting Date: September 4, 2012
ICA – 1st Amendment – Trophy Club Round-about Project. Page 3 of 4
Executed in triplicate originals this ________ day of _______________________, 2012.
DENTON COUNTY, TEXAS TOWN OF TROPHY CLUB
110 West Hickory 100 Municipal Drive
Denton, Texas 76201 Trophy Club, Texas 76262
By: ______________________________ By: _______________________________
Honorable Mary Horn Honorable Connie White
Denton County Judge Mayor of the Town of Trophy Club, Texas
Acting by and on behalf of the authority Acting by and on behalf of the authority
the Denton County Commissioners Court of the Town of Trophy Club, Texas
ATTEST: ATTEST:
By: _____________________________ By: ________________________________
Denton County Clerk Town Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: _____________________________ By: ________________________________
Assistant District Attorney Town Attorney
COUNTY AUDITOR’S CERTIFICATE
I hereby certify that funds will be available to accomplish and pay the obligation of
Denton County, Texas, under this Agreement.
Denton County Auditor
Town Council Page 29 of 129 Meeting Date: September 4, 2012
ICA – 1st Amendment – Trophy Club Round-about Project. Page 4 of 4
APPROVAL OF FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT
BETWEEN DENTON COUNTY, TEXAS, AND THE TOWN OF TROPHY CLUB, TEXAS
Denton County, Texas, acting by and through the Denton County Commissioners Court,
having been advised of the Project, hereby agrees to amend Section II and Section III of the
Interlocal Cooperation Agreement which was approved on March 27, 2012, under Denton
County Commissioners Court Order Number: 12-0251. The First Amendment to the Interlocal
Cooperation Agreement is necessary to amend Section II and Section III of the original
Agreement. Amended Section II will reflect that the total estimated cost of the Project and
Engineering combined is ONE MILLION SEVEN HUNDRED THOUSAND AND NO/100
DOLLARS ($1,700,000.00). Amended Section III will reflect that the County’s contribution
toward satisfactory completion of the Project under this Agreement shall not exceed ONE
MILLION SEVEN HUNDRED THOUSAND AND NO/100 DOLLARS ($1,700,000.00).
All other terms and conditions and provisions of the original Agreement are hereby
affirmed by the Parties and shall remain in full force and effect unless modified by a
subsequent written amendment signed by all of the Parties to the original Agreement.
Denton County, Texas, hereby gives its specific written approval of the Project prior to
beginning the Project in satisfaction of the requirements of the Interlocal Cooperation Act, Texas
Government Code Chapter 791.
By vote on this date, the Denton County Commissioners Court has approved the Project
identified above and authorized execution of this document by the presiding officer on behalf of
Denton County, Texas.
Date:
Presiding Officer of the
Denton County Commissioners Court
Town Council Page 30 of 129 Meeting Date: September 4, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-415-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/30/2012 Town Council
On agenda:Final action:9/4/2012
Title:Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the
Town and Denton County relative to County funding of road and drainage improvements for Indian
Creek Drive from Creekmere Drive to Skyline Drive; and authorizing the Mayor or her designee to
execute all necessary documents.
Attachments:Indian Creek ICA.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the Town and Denton
County relative to County funding of road and drainage improvements for Indian Creek Drive from Creekmere Drive to
Skyline Drive; and authorizing the Mayor or her designee to execute all necessary documents.
EXPLANATION:
The original roundabout ICA is being amended to unencumber $300,000. This proposed ICA is requesting Denton
County Commissioner’s Court to consider applying $300,000 to the proposed Indian Creek street project.
TOWN COUNCIL GOAL(S):
Goal #4: Healthy, Picturesque, and Environmentally Sound
Promote recreational / active lifestyle opportunities for all ages
Maintain neat and tidy appearance
Improve property maintenance standards and code enforcement
Develop / Enhance environmental and sustainability standards and programs
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommends approval of the Interlocal Cooperation Agreement.
Town Council Page 31 of 129 Meeting Date: September 4, 2012
ICA – Trophy Club – Indian Creek Drive Page 1 of 6
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT BETWEEN
DENTON COUNTY, TEXAS, AND THE TOWN OF TROPHY CLUB, TEXAS
THIS AGREEMENT is made, entered into and executed by and between Denton
County, Texas, a duly organized political subdivision of the State of Texas, hereinafter “the
County;” and the Town of Trophy Club, Texas, a duly organized municipality, existing under the
laws of the State of Texas, hereinafter “the Town.” The County and the Town are collectively
referred to herein as “the Parties.”
WHEREAS, the County and the Town mutually desire to enter into this Agreement for
the purpose of surveying, engineering and reconstruction of Indian Creek Drive from Creekmere
Drive to Skyline Drive with new reinforced concrete paving, subgrade stabilization, drainage and
median improvements, hereinafter “the Project.” The Project is located entirely within the
municipal limits of the Town and in Denton County Commissioner Precinct #4; and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791,
hereinafter “the Act,” provides authorization for a local government to contract with one or more
local governments to perform governmental functions and services under the terms of the Act
and the County and the Town hereby mutually agree to be subject to the provisions of the Act;
and
WHEREAS, the County and the Town value the timely completion of the Project which
involves roads which are an integral part of the County’s road system and the Parties are
undertaking the Project to facilitate safe travel on an improved roadway; and
NOW, THEREFORE, this Agreement is hereby made and entered into by the County
and the Town, upon and for the mutual consideration stated herein:
WITNESSETH:
I.
Pursuant to Texas Government Code §791.011, the County and the Town hereby enter
into this Agreement in order to perform certain governmental functions and services in the area
Town Council Page 32 of 129 Meeting Date: September 4, 2012
ICA – Trophy Club – Indian Creek Drive Page 2 of 6
of streets, roads and drainage. The purpose of this Agreement is to provide a governmental
function or service that each party is authorized to perform individually.
II.
The County and the Town hereby agree that the scope of the Project shall be limited to
surveying, engineering and reconstruction of Indian Creek Drive from Creekmere Drive to
Skyline Drive with new reinforced concrete paving, subgrade stabilization, drainage and median
improvements, located entirely within the municipal limits of the Town and in Denton County
Commissioner Precinct #4, at a total estimated cost of completion of ONE MILLION THREE
HUNDRED NINE THOUSAND, NINE HUNDRED THREE AND NO/100 DOLLARS
($1,309,903.00).
III.
The County hereby agrees to contribute an amount which shall not exceed THREE
HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00) toward satisfactory
completion of the Project, provided that any and all funding is approved by formal action of the
Denton County Commissioners Court.
IV.
The Town hereby agrees to contribute an amount which shall not exceed ONE MILLION
NINE THOUSAND, NINE HUNDRED THREE AND NO/100 DOLLARS ($1,009,903.00)
toward satisfactory completion of the Project and to provide for all surveying, engineering and
reconstruction which may be required for satisfactory completion of the Project.
V.
The Town agrees to secure a contract for the construction of the Project and to oversee
any and all engineering which may be required for satisfactory completion of the Project. In
addition, the Town will provide all project inspections and approve all payments, including
requested funding from the County, as construction invoices are received.
VI.
This exchange of in-kind services between the County and the Town is deemed adequate
consideration for the obligations exchanged by the Parties herein
VII.
As the Town proceeds with the completion of the Project, the Town shall submit invoices
for reimbursement to the Denton County Auditor, James Wells, 401 W. Hickory Street, Suite 423,
Denton, Texas 76201, and at the same time, submit a copy of all invoices to Mr. John Polster, c/o
Town Council Page 33 of 129 Meeting Date: September 4, 2012
ICA – Trophy Club – Indian Creek Drive Page 3 of 6
Innovative Transportation Solutions, Inc., 2701 Valley View Lane, Farmers Branch, Texas
75234, and Commissioner Andy Eads, 110 W. Hickory Street, 3rd Floor, Denton, Texas 76201.
The invoices shall be submitted on a monthly basis and the County shall reimburse the Town on a
pro rata basis, based on the relative funding obligations of the Parties, for all approved expenses
related to the Project within thirty (30) calendar days of receipt of an invoice from the Town, provided
that all expenditures are made in a manner which is consistent with the terms of this Agreement.
Upon satisfactory completion of the Project, the County and the Town shall prepare and complete a
full audit of the Project.
VIII.
As required by Texas Transportation Code §251.012 and as evidenced by the signature of
the Town’s representative below, the governing body of the Town by execution of and approval
of this Agreement, hereby approves of the expenditure of County money to finance the
construction, improvement, maintenance or repair of a street or alley in the County that is located
in the Town.
VIX.
This Agreement may be terminated in whole, or in part, by the County or the Town upon
thirty [30] days written notice to the other party setting forth a substantial failure by the
defaulting party to fulfill its obligations under this Agreement through no fault of the terminating
party. No such termination shall be affected unless the defaulting party is given: (1) written
notice of intent to terminate, setting forth the substantial failure to perform delivered via certified
mail, return receipt requested; (2) not less than thirty [30] calendar days to cure the failure; and
(3) an opportunity for consultation with the terminating party prior to termination. In the event
of termination by the County, the County shall pay all approved invoices submitted up to and
including the date of termination.
X.
This Agreement represents the entire integrated agreement between the County and the
Town and supersedes all prior negotiations, representations or agreements, either oral or written.
This Agreement may be amended only by written instrument signed by both of the Parties.
Notices shall be directed as follows:
For Town: Connie White, Mayor
Town of Trophy Club, Texas
100 Municipal Drive
Trophy Club, Texas 76262
Town Council Page 34 of 129 Meeting Date: September 4, 2012
ICA – Trophy Club – Indian Creek Drive Page 4 of 6
Copy To: Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
100 Municipal Drive
Trophy Club, Texas 76262
For County: Honorable Mary Horn
Denton County Judge
110 West Hickory Street, 2nd Floor
Denton, Texas 76201
Copy To: Denton County District Attorney’s Office - Civil Division
1450 East McKinney Street, Suite 3100
Denton, Texas 76209
XI.
The covenants, terms and conditions herein are to be construed under the laws of the
State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually
agree that venue for any obligation arising from this Agreement shall lie in Denton County,
Texas.
XII.
The County agrees and understands that the County, its employees, servants, agents or
representatives shall at no time represent themselves to be employees, servants, agents or
representatives of the Town.
XIII.
The Town agrees and understands that the Town, its employees, servants, agents or
representatives shall at no time represent themselves to be employees, servants, agents or
representatives of the County.
XIV.
The County agrees to accept full responsibility for the acts, negligence or omissions of all
County employees, agents, subcontractors or contract laborers doing work under a contract or
agreement with the County.
XV.
The Town agrees to accept full responsibility for the acts, negligence or omissions of all
Town employees, agents, subcontractors or contract laborers doing work under a contract or
agreement with the County.
Town Council Page 35 of 129 Meeting Date: September 4, 2012
ICA – Trophy Club – Indian Creek Drive Page 5 of 6
XVI.
This Agreement is not intended to extend the liability of the Parties beyond that provided
for by law. Neither the County nor the Town waive, nor shall be deemed to have hereby waived,
any immunity or defense that would otherwise be available to it against claims made by third
parties.
XVII.
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the Parties hereto that the remaining portions shall remain valid and in full force and
effect to the fullest extent possible.
XVIII.
The undersigned officers or agents of the Parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the Parties
hereto, and each party hereby certifies to the other that any necessary resolutions extending said
authority have been duly passed and are now in full force and effect.
XIX.
This Agreement becomes effective when signed by the last party whose signing makes
the respective agreement fully executed and the term of this Agreement is for the life of the
Project beginning on the date of execution of this Agreement and continuing until the Project is
completed.
Town Council Page 36 of 129 Meeting Date: September 4, 2012
ICA – Trophy Club – Indian Creek Drive Page 6 of 6
Executed in triplicate originals this ________ day of _______________________, 2012.
DENTON COUNTY, TEXAS TOWN OF TROPHY CLUB, TEXAS
110 West Hickory Street, 2nd Floor 100 Municipal Drive
Denton, Texas 76201 Trophy Club, Texas 76262
By: ______________________________ By: _______________________________
Honorable Mary Horn Honorable Connie White
Denton County Judge Mayor of Trophy Club, Texas
Acting by and on behalf of the authority Acting by and on behalf of the authority
the Denton County Commissioners Court of the Town of Trophy Club, Texas
ATTEST: ATTEST:
By: _____________________________ By: ________________________________
Denton County Clerk Town Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: _____________________________ By: ________________________________
Assistant District Attorney Town Attorney
COUNTY AUDITOR’S CERTIFICATE
I hereby certify that funds are available to accomplish and pay the obligation of
Denton County, Texas, under this Agreement.
_________________________________
Denton County Auditor
Town Council Page 37 of 129 Meeting Date: September 4, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-399-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:8/29/2012 Town Council
On agenda:Final action:9/4/2012
Title:Consider and approve the absence of Council member Schroeder from the following Town Council
meetings for work-related travel:
- September 24, 2012
- October 1, 2012
- October 15, 2012
Attachments:
Action ByDate Action ResultVer.
TITLE
Consider and approve the absence of Council member Schroeder from the following Town Council meetings for work-
related travel:
- September 24, 2012
- October 1, 2012
- October 15, 2012
EXPLANATION:
CM Schroeder will be called out of country for approximately 5 weeks on business and will not be available to attend 3
consecutive meetings. CM Schroeder will provide comment during one of the two Public Hearings on the proposed FY13
budget and provide email correspondence to be read into the record on Sept 24th when Council is scheduled to adopt a
tax rate and the FY13 budget.
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommends approval.
Town Council Page 38 of 129 Meeting Date: September 4, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-400-T Name:
Status:Type:Agenda Item Public Hearing
File created:In control:8/29/2012 Town Council
On agenda:Final action:9/4/2012
Title:Town Council to conduct First Public Hearing regarding proposed tax rate increase for fiscal year
October 1, 2012 to September 30, 2013 and Mayor to announce the date, time and place of the vote
on the tax rate.
Attachments:
Action ByDate Action ResultVer.
TITLE
Town Council to conduct First Public Hearing regarding proposed tax rate increase for fiscal year October 1, 2012 to
September 30, 2013 and Mayor to announce the date, time and place of the vote on the tax rate.
EXPLANATION:
Mayor White will state the following for the record:
On September 24, 2012, the Town Council will hold a Public Meeting to adopt a 2012 tax rate that will exceed the lower
of the rollback rate or the effective tax rate. As required by law, Public Hearings on a tax increase will be held on today,
September 4, 2012, and September 10, 2012.
On September 10, 2012, the Town Council will hold its second Public Hearing on a tax increase and will also hold the
Public Hearing on the Budget.
TOWN COUNCIL GOAL(S):
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
Town Council Page 39 of 129 Meeting Date: September 4, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-404-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/29/2012 Town Council
On agenda:Final action:9/4/2012
Title:Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas,
authorizing the issuance and sale of Town of Trophy Club, Texas, Tax Notes, Series 2012; levying a
tax in payment thereof; approving a note purchase agreement and an engagement letter; prescribing
the form of the notes; and enacting other provisions relating to the subject.
Attachments:Bid Tabulation - Trophy Club.pdf
Regions Bank Proposal - City of Trophy Club, Texas.pdf
REGIONS BANK WINNING BID Tax Notes, Series 2012.pdf
ORD 2012-16 Tax Notes Ordinance 2012.pdf
Engagement Letter - Town of Trophy Club 2012.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas, authorizing the
issuance and sale of Town of Trophy Club, Texas, Tax Notes, Series 2012; levying a tax in payment thereof; approving a
note purchase agreement and an engagement letter; prescribing the form of the notes; and enacting other provisions
relating to the subject.
EXPLANATION:
Town Staff has worked closely with the Town Financial Advisor to put together a long-term debt plan that will maintain the
existing $.115 debt service tax rate in order to provide additional debt capacity for future capital projects. The purpose of
the Tax Notes is to (i) purchase materials, supplies, equipment and machinery for various Town departments; (ii) acquire
land for Town buildings and facilities; (iii) construct street improvements; (iv) construct improvements to solid waste,
drainage, water and sewer facilities and infrastructure; (v) construct public safety facilities and improvements; (vi) pay for
professional services in connection with the foregoing projects; and (vii) pay the costs associated with the issuance of
the Notes.
TOWN COUNCIL GOAL(S):
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommends approval of the sale of $500,000 Tax Notes and associated ordinance.
Town Council Page 40 of 129 Meeting Date: September 4, 2012
Bidder Base Interest Rate Costs to Town Adjusted TIC Total Interest Total Adjsuted Interest
Regions Bank 1.1568% $1,750.00 1.4003% $8,444.64 $10,194.64
BB&T 1.4300% $0.00 1.4300% $10,439.00 $10,439.00
Bank of Texas 1.2400% $4,050.00 1.8062% $9,052.00 $13,102.00
TIB 1.8900% $0.00 1.8900% $13,797.00 $13,797.00
BBVA Compass 1.8000% $2,750.00 2.1861% $13,140.00 $15,890.00
First Financial 2.9300% $0.00 2.9300% $21,389.00 $21,389.00
Frost Bank 2.4300% $3,750.00 2.9609% $17,739.00 $21,489.00
Town of Trophy Club, Texas
$500,000 Tax Notes, Series 2012
Bid Tabulation
August 29, 2012
Town Council Page 41 of 129 Meeting Date: September 4, 2012
Town Council Page 42 of 129 Meeting Date: September 4, 2012
Aug 29, 2012 2:02 pm Prepared by Southwest Securities, Inc. (Finance 7.002 Trophy Club, Town of:TCLUB-NOTES12) Page 1
SOURCES AND USES OF FUNDS
Tropyh Club, Town of
Tax Notes, Series 2012
Dated Date 09/27/2012
Delivery Date 09/27/2012
Sources:
Bond Proceeds:
Par Amount 500,000.00
500,000.00
Uses:
Cost of Issuance:
Costs of Issuance 20,000.00
Purchasers Costs 2,050.00
22,050.00
Other Uses of Funds:
Additional Proceeds 477,950.00
500,000.00
Town Council Page 43 of 129 Meeting Date: September 4, 2012
Aug 29, 2012 2:02 pm Prepared by Southwest Securities, Inc. (Finance 7.002 Trophy Club, Town of:TCLUB-NOTES12) Page 2
BOND DEBT SERVICE
Tropyh Club, Town of
Tax Notes, Series 2012
Dated Date 09/27/2012
Delivery Date 09/27/2012
Period
Ending Principal Coupon Interest Debt Service
09/30/2013 120,000 1.1568% 4,672.19 124,672.19
09/30/2014 280,000 1.1568% 2,776.32 282,776.32
09/30/2015 100,000 1.1568% 578.40 100,578.40
500,000 8,026.91 508,026.91
Town Council Page 44 of 129 Meeting Date: September 4, 2012
Aug 29, 2012 2:02 pm Prepared by Southwest Securities, Inc. (Finance 7.002 Trophy Club, Town of:TCLUB-NOTES12) Page 3
BOND SUMMARY STATISTICS
Tropyh Club, Town of
Tax Notes, Series 2012
Dated Date 09/27/2012
Delivery Date 09/27/2012
Last Maturity 03/01/2015
Arbitrage Yield 1.156950%
True Interest Cost (TIC) 1.156950%
Net Interest Cost (NIC) 1.156800%
All-In TIC 4.493495%
Average Coupon 1.156800%
Average Life (years) 1.388
Duration of Issue (years) 1.378
Par Amount 500,000.00
Bond Proceeds 500,000.00
Total Interest 8,026.91
Net Interest 8,026.91
Total Debt Service 508,026.91
Maximum Annual Debt Service 282,776.32
Average Annual Debt Service 209,255.94
Underwriter's Fees (per $1000)
Average Takedown
Other Fee
Total Underwriter's Discount
Bid Price 100.000000
Par Average Average
Bond Component Value Price Coupon Life
Bond Component 500,000.00 100.000 1.157% 1.388
500,000.00 1.388
All-In Arbitrage
TIC TIC Yield
Par Value 500,000.00 500,000.00 500,000.00
+ Accrued Interest
+ Premium (Discount)
- Underwriter's Discount
- Cost of Issuance Expense -22,050.00
- Other Amounts
Target Value 500,000.00 477,950.00 500,000.00
Target Date 09/27/2012 09/27/2012 09/27/2012
Yield 1.156950%4.493495%1.156950%
Town Council Page 45 of 129 Meeting Date: September 4, 2012
Aug 29, 2012 2:02 pm Prepared by Southwest Securities, Inc. (Finance 7.002 Trophy Club, Town of:TCLUB-NOTES12) Page 4
FORM 8038 STATISTICS
Tropyh Club, Town of
Tax Notes, Series 2012
Dated Date 09/27/2012
Delivery Date 09/27/2012
Redemption
Bond Component Date Principal Coupon Price Issue Price at Maturity
Bond Component:
03/01/2013 120,000.00 1.157% 100.000 120,000.00 120,000.00
03/01/2014 280,000.00 1.157% 100.000 280,000.00 280,000.00
03/01/2015 100,000.00 1.157% 100.000 100,000.00 100,000.00
500,000.00 500,000.00 500,000.00
Stated Weighted
Maturity Interest Issue Redemption Average
Date Rate Price at Maturity Maturity Yield
Final Maturity 03/01/2015 1.157% 100,000.00 100,000.00
Entire Issue 500,000.00 500,000.00 1.3878 1.1570%
Proceeds used for accrued interest 0.00
Proceeds used for bond issuance costs (including underwriters' discount)22,050.00
Proceeds used for credit enhancement 0.00
Proceeds allocated to reasonably required reserve or replacement fund 0.00
Town Council Page 46 of 129 Meeting Date: September 4, 2012
#4147468v1#4147468.2
TOWN OF TROPHY CLUB
ORDINANCE 2012-16
AUTHORIZING THE ISSUANCE OF
$500,000
TOWN OF TROPHY CLUB, TEXAS
TAX NOTES
SERIES 2012
Adopted: September 4, 2012
Town Council Page 47 of 129 Meeting Date: September 4, 2012
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#4147468.2
TABLE OF CONTENTS
Page
Parties ...............................................................................................................................................1
ARTICLE I
DEFINITIONS AND OTHER PRELIMINARY MATTERS
Section 1.01. Definitions................................................................................................................1
Section 1.02. Other Definitions .....................................................................................................3
Section 1.03. Findings....................................................................................................................3
Section 1.04. Table of Contents, Titles and Headings ...................................................................3
Section 1.05. Interpretation ............................................................................................................3
ARTICLE II
SECURITY FOR THE NOTES
Section 2.01. Tax Levy for Payment of the Notes .........................................................................3
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS
REGARDING THE NOTES
Section 3.01. Authorization ...........................................................................................................4
Section 3.02. Date, Denomination, Maturities, Numbers and Interest ..........................................4
Section 3.03. Medium, Method and Place of Payment ..................................................................5
Section 3.04. Execution and Initial Registration ...........................................................................6
Section 3.05. Ownership ................................................................................................................7
Section 3.06. Registration, Transfer and Exchange .......................................................................7
Section 3.07. Cancellation and Authentication ..............................................................................8
Section 3.08. Temporary Notes .....................................................................................................8
Section 3.09. Replacement Notes ..................................................................................................8
ARTICLE IV
NO REDEMPTION OF NOTES BEFORE MATURITY
Section 4.01. No Optional Redemption .........................................................................................9
ARTICLE V
PAYING AGENT/REGISTRAR
Section 5.01. Appointment of Initial Paying Agent/Registrar .......................................................9
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Section 5.02. Qualifications ...........................................................................................................9
Section 5.03. Maintaining Paying Agent/Registrar .....................................................................10
Section 5.04. Termination ............................................................................................................10
Section 5.05. Notice of Change ...................................................................................................10
Section 5.06. Agreement to Perform Duties and Functions.........................................................10
Section 5.07. Delivery of Records to Successor ..........................................................................10
ARTICLE VI
FORM OF THE NOTES
Section 6.01. Form Generally ......................................................................................................10
Section 6.02. Form of Notes ........................................................................................................11
Section 6.03. CUSIP Registration ................................................................................................16
Section 6.04. Legal Opinion ........................................................................................................16
ARTICLE VII
SALE OF THE NOTES;
CONTROL AND DELIVERY OF THE NOTES
Section 7.01. Sale of Notes ..........................................................................................................17
Section 7.02. Control and Delivery of Notes ...............................................................................17
ARTICLE VIII
CREATION OF FUNDS AND ACCOUNTS;
DEPOSIT OF PROCEEDS; INVESTMENTS
Section 8.01. Creation of Funds ...................................................................................................18
Section 8.02. Interest and Sinking Fund ......................................................................................18
Section 8.03. Project Fund ...........................................................................................................18
Section 8.04. Security of Funds ...................................................................................................19
Section 8.05. Deposit of Proceeds ...............................................................................................19
Section 8.06. Investments ............................................................................................................19
Section 8.07. Investment Income .................................................................................................19
ARTICLE IX
PARTICULAR REPRESENTATIONS AND COVENANTS
Section 9.01. Payment of the Notes .............................................................................................19
Section 9.02. Other Representations and Covenants ...................................................................19
Section 9.03. Provisions Concerning Federal Income Tax Exclusion .........................................20
Section 9.04. No Private Use or Payment and No Private Loan Financing.................................20
Section 9.05. No Federal Guaranty ..............................................................................................20
Section 9.06. Notes are not Hedge Bonds....................................................................................20
Section 9.07. No-Arbitrage Covenant ..........................................................................................20
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Section 9.08. Arbitrage Rebate ....................................................................................................21
Section 9.09. Information Reporting ...........................................................................................21
Section 9.10. Continuing Obligation ...........................................................................................21
Section 9.11. Qualified Tax-Exempt Obligations ........................................................................21
ARTICLE X
DEFAULT AND REMEDIES
Section 10.01. Events of Default ...................................................................................................22
Section 10.02. Remedies for Default .............................................................................................22
Section 10.03. Remedies Not Exclusive ........................................................................................22
ARTICLE XI
DISCHARGE
Section 11.01. Discharge ...............................................................................................................23
ARTICLE XII
EFFECTIVE IMMEDIATELY
Section 12.01. Effectiveness ..........................................................................................................23
Signatures .......................................................................................................................................27
Town Council Page 50 of 129 Meeting Date: September 4, 2012
1
#4147468.2
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AUTHORIZING THE ISSUANCE AND SALE OF TOWN OF TROPHY
CLUB, TEXAS, TAX NOTES, SERIES 2012, IN THE AGGREGATE
PRINCIPAL AMOUNT OF $500,000; LEVYING A TAX IN PAYMENT
THEREOF; APPROVING A NOTE PURCHASE AGREEMENT AND AN
ENGAGEMENT LETTER; PRESCRIBING THE FORM OF SAID NOTES;
AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT
WHEREAS, pursuant to Chapter 1431, Texas Government Code (the “Act”), the
governing body of a municipality is authorized to issue the notes hereinafter authorized (the
“Notes”) to pay contractual obligations incurred or to be incurred for the purposes set forth in
Section 3.01 hereof; and
WHEREAS, this governing body (the “Town Council”) of the Town of Trophy Club,
Texas (the “Town”), hereby finds and determines that it is necessary and in the best interest of
the Town and its citizens to issue such Notes for the purposes herein described and that such
Notes shall be payable from and secured by ad valorem taxes levied, within the limits prescribed
by law, on all taxable property within the Town; and
WHEREAS, the Notes hereinafter authorized shall mature before the seventh anniversary
of the date that the Attorney General of the State of Texas approves the Notes, as required by the
Act; and
WHEREAS, it is affirmatively found that this Town Council is authorized to proceed
with the issuance and sale of such Notes as authorized by the Constitution and laws of the State
of Texas, particularly the Act; and
WHEREAS, the Town Council has found and determined that it is necessary and in the
best interest of the Town and its citizens that it authorize by this Ordinance the issuance and
delivery of its Notes in a single series at this time; and
WHEREAS, it is officially found, determined, and declared that the meeting at which this
Ordinance has been adopted was open to the public and public notice of the time, place and
subject matter of the public business to be considered and acted upon at said meeting, including
this Ordinance, was given, all as required by the applicable provisions of Chapter 551, Texas
Government Code, as amended; Now Therefore,
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB:
ARTICLE I
DEFINITIONS AND OTHER PRELIMINARY MATTERS
Section 1.01. Definitions
“Closing Date” means the date of the initial delivery of and payment for the Notes.
. Unless otherwise expressly provided or unless the context
clearly requires otherwise, in this Ordinance the following terms shall have the meanings
specified below:
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“Code” means the Internal Revenue Code of 1986, as amended, including applicable
regulations, published rulings and court decisions relating thereto.
“Designated Payment/Transfer Office” means (i) with respect to the initial Paying
Agent/Registrar named herein, its office in Dallas, Texas, or at such other location designated by
the Paying Agent/Registrar and (ii) with respect to any successor Paying Agent/Registrar, the
office of such successor designated and located as may be agreed upon by the Town and such
successor.
“Event of Default” means any Event of Default as defined in Section 10.01.
“Initial Note” means the Note described in Section 3.04(d) and 6.02(d).
“Interest and Sinking Fund” means the interest and sinking fund established by
Section 8.01(a).
“Interest Payment Date” means the date or dates upon which interest on the Notes is
scheduled to be paid until the maturity of the Notes, such dates being March 1 and September 1
of each year commencing March 1, 2013.
“Note” means any of the Notes.
“Notes” means the Town’s notes entitled “Town of Trophy Club, Texas, Limited Tax
Notes, Series 2012” authorized to be issued by Section 3.01.
“Ordinance” means this Ordinance.
“Original Issue Date” means the Closing Date.
“Owner” means the person who is the registered owner of a Note or Notes, as shown in
the Register.
“Paying Agent/Registrar” means initially Regions Bank, or any successor thereto as
provided in this Ordinance.
“Paying Agent/Registrar Agreement” means the Paying Agent/Registrar Agreement
between the Town and the Paying Agent/Registrar relating to the Notes.
“Purchaser” means Regions Equipment Finance Corporation.
“Record Date” means the last business day of the month next preceding an Interest
Payment Date.
“Register” means the Register specified in Section 3.06(a).
“Special Payment Date” means the Special Payment Date prescribed by Section 3.03(b).
“Special Record Date” means the Special Record Date prescribed by Section 3.03(b).
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“Unclaimed Payments” means money deposited with the Paying Agent/Registrar for the
payment of the principal of or interest on Notes as the same become due and payable and
remaining unclaimed by the Owners of such Notes for 90 days after the applicable payment or
redemption date.
Section 1.02. Other Definitions
Section 1.03.
. The terms “Town Council” and “Town” shall have the
meaning assigned in the preamble to this Ordinance.
Findings
Section 1.04.
. The declarations, determinations and findings declared, made
and found in the preamble to this Ordinance are hereby adopted, restated and made a part of the
operative provisions hereof.
Table of Contents, Titles and Headings
Section 1.05.
. The table of contents, titles and
headings of the Articles and Sections of this Ordinance have been inserted for convenience of
reference only and are not to be considered a part hereof and shall not in any way modify or
restrict any of the terms or provisions hereof and shall never be considered or given any effect in
construing this Ordinance or any provision hereof or in ascertaining intent, if any question of
intent should arise.
(a) Unless the context requires otherwise, words of the masculine gender shall
be construed to include correlative words of the feminine and neuter genders and vice versa, and
words of the singular number shall be construed to include correlative words of the plural
number and vice versa.
Interpretation.
(b) Article and section references shall mean references to articles and
sections of this Ordinance unless designated otherwise.
(c) This Ordinance and all the terms and provisions hereof shall be liberally
construed to effectuate the purposes set forth herein to sustain the validity of this Ordinance.
ARTICLE II
SECURITY FOR THE NOTES
Section 2.01.
(a) The Town Council hereby declares and covenants that it will provide and
levy a tax legally and fully sufficient for payment of the Notes, it having been determined that
the existing and available taxing authority of the Town for such purpose is adequate to permit a
legally sufficient tax in consideration of all other outstanding obligations of the Town.
Tax Levy for Payment of the Notes.
(b) In order to provide for the payment of the debt service requirements on the
Notes, being (i) the interest on the Notes, and (ii) a sinking fund for their payment at maturity or
a sinking fund of two percent per annum (whichever amount is the greater), there is hereby
levied for the current year and each succeeding year thereafter, while the Notes or interest
thereon remain outstanding and unpaid, an ad valorem tax on each one hundred dollars valuation
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of taxable property within the Town at a rate sufficient, within the limit prescribed by law, to pay
such debt service requirements, full allowance being made for delinquencies and costs of
collection.
(c) The tax levied by this Section shall be assessed and collected each year
and deposited into the Interest and Sinking Fund for the payment of the debt service
requirements on the Notes, and the tax shall not be diverted to any other purpose.
(d) Said ad valorem tax, the collections therefrom, and all amounts on deposit
in or required hereby to be deposited to the Interest and Sinking Fund are hereby pledged and
committed irrevocably to the payment of the principal of and interest on the Notes when and as
due and payable in accordance with their terms and this Ordinance.
(e) If the liens and provisions of this Ordinance shall be discharged in a
manner permitted by Article XI, then the collection of such ad valorem tax may be suspended or
appropriately reduced, as the facts may permit, and further deposits to the Interest and Sinking
Fund may be suspended or appropriately reduced, as the facts may permit.
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS
REGARDING THE NOTES
Section 3.01. Authorization
Section 3.02.
. The Town’s notes to be designated “Town of Trophy
Club, Texas, Tax Notes, Series 2012,” are hereby authorized to be issued and delivered in
accordance with the Constitution and laws of the State of Texas, particularly Chapter 1431,
Texas Government Code, as amended, in the aggregate principal amount of $500,000 for the
public purpose of providing funds to: (i) purchase materials, supplies, equipment and machinery
for various Town departments; (ii) acquire land for Town buildings and facilities; (iii) construct
street improvements; (iv) construct improvements to solid waste, drainage, water and sewer
facilities and infrastructure; (v) construct public safety facilities and improvements; (vi) pay for
professional services in connection with the foregoing projects; and (vii) pay the costs
associated with the issuance of the Notes.
(a) The Notes shall be dated the date of their delivery to the Purchaser, shall
be in fully registered form, without coupons, in the denomination of $5,000 or any integral
multiple thereof, and shall be numbered separately from one upward or such other designation
acceptable to the Town and the Paying Agent/Registrar and the Initial Note shall be numbered
No. 1.
Date, Denomination, Maturities, Numbers and Interest.
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(b) The Notes shall mature on March 1 in the years and in the principal
installments set forth in the following schedule;
Maturity Principal Amount
2013
Interest Rate
$120,000 1.1568%
2014 280,000 1.1568
2015 100,000 1.1568
(c) Interest shall accrue and be paid on each Note, respectively, until the
payment of the principal amount thereof shall have been paid or provided for, from the later of
the Closing Date or the most recent Interest Payment Date to which interest has been paid or
provided for. Such interest shall be payable semiannually on each March 1 and September 1 of
each year, commencing on March 1, 2013, until maturity or prior redemption. Interest on the
Notes shall be calculated on the basis of a 360-day year composed of twelve 30-day months.
Section 3.03.
(a) The principal of and interest on the Notes shall be paid in lawful money of
the United States of America as provided in this Section.
Medium, Method and Place of Payment.
(b) Interest on the Notes shall be payable to the Owners whose names appear
in the Register at the close of business on the Record Date; provided, however, that in the event
of nonpayment of interest on a scheduled Interest Payment Date, and for 30 days thereafter, a
new record date for such interest payment (a “Special Record Date”) will be established by the
Paying Agent/Registrar if and when funds for the payment of such interest have been received
from the Town. Notice of the Special Record Date and of the scheduled payment date of the past
due interest (the “Special Payment Date,” which shall be at least 15 days after the Special Record
Date) shall be sent at least five business days prior to the Special Record Date by United States
mail, first class postage prepaid, to the address of each Owner of a Note appearing on the books
of the Paying Agent/Registrar at the close of business on the last business day next preceding the
date of mailing of such notice.
(c) Interest on the Notes shall be paid by check (dated as of the Interest
Payment Date) and sent by the Paying Agent/Registrar to the person entitled to such payment,
United States mail, first class postage prepaid, to the address of such person as it appears in the
Register or by such other customary banking arrangements acceptable to the Paying
Agent/Registrar and the person to whom interest is to be paid; provided, however, that such
person shall bear all risk and expenses of such other customary banking arrangements.
(d) The principal of each Note shall be paid to the person in whose name such
Note is registered on the due date thereof (whether at the maturity date or the date of prior
redemption thereof) upon presentation and surrender of such Note at the Designated
Payment/Transfer Office.
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(e) If a date for the payment of the principal of or interest on the Notes is a
Saturday, Sunday, legal holiday, or a day on which banking institutions in the Town in which the
Designated Payment/Transfer Office is located are authorized by law or executive order to close,
then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday,
legal holiday, or day on which such banking institutions are authorized to close; and payment on
such date shall have the same force and effect as if made on the original date payment was due.
(f) Subject to any applicable escheat, unclaimed property, or similar law,
including Title 6 of the Texas Property Code, Unclaimed Payments remaining unclaimed by the
Owners entitled thereto for three years after the applicable payment or redemption date shall be
paid to the Town and thereafter neither the Town, the Paying Agent/Registrar, nor any other
person shall be liable or responsible to any Owners of such Notes for any further payment of
such unclaimed moneys or on account of any such Notes.
Section 3.04.
(a) The Notes shall be executed on behalf of the Town by the Mayor Pro Tem
and Town Secretary of the Town, by their manual or facsimile signatures, and the official seal of
the Town shall be impressed or placed in facsimile thereon. Such facsimile signatures on the
Notes shall have the same effect as if each of the Notes had been signed manually and in person
by each of said officers, and such facsimile seal on the Notes shall have the same effect as if the
official seal of the Town had been manually impressed upon each of the Notes.
Execution and Initial Registration.
(b) In the event that any officer of the Town whose manual or facsimile
signature appears on the Notes ceases to be such officer before the authentication of such Notes
or before the delivery thereof, such manual or facsimile signature nevertheless shall be valid and
sufficient for all purposes as if such officer had remained in such office.
(c) Except as provided below, no Note shall be valid or obligatory for any
purpose or be entitled to any security or benefit of this Ordinance unless and until there appears
thereon the Certificate of Paying Agent/Registrar substantially in the form provided in this
Ordinance, duly authenticated by manual execution of the Paying Agent/Registrar. It shall not
be required that the same authorized representative of the Paying Agent/Registrar sign the
Certificate of Paying Agent/Registrar on all of the Notes. In lieu of the executed Certificate of
Paying Agent/Registrar described above, the Initial Note delivered on the Closing Date shall
have attached thereto the Comptroller’s Registration Certificate substantially in the form
provided in this Ordinance, manually executed by the Comptroller of Public Accounts of the
State of Texas or by his duly authorized agent, which certificate shall be evidence that the Initial
Note has been duly approved by the Attorney General of the State of Texas and that it is a valid
and binding obligation of the Town, and has been registered by the Comptroller.
(d) On the Closing Date, one Note (the “Initial Note”) representing the entire
principal amount of the Notes, executed by manual or facsimile signature of the Mayor Pro Tem
and Town Secretary of the Town, approved by the Attorney General of Texas, and registered and
manually signed by the Comptroller of Public Accounts of the State of Texas, will be delivered
to the Purchaser or its designee against payment therefor.
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Section 3.05.
(a) The Town, the Paying Agent/Registrar and any other person may treat the
person in whose name any Note is registered as the absolute owner of such Note for the purpose
of making and receiving payment of the principal thereof and premium, if any, thereon, for the
further purpose of making and receiving payment of the interest thereon (subject to the
provisions herein that interest is to be paid to the person in whose name the Note is registered on
the Record Date), and for all other purposes, whether or not such Note is overdue, and neither the
Town nor the Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary.
Ownership.
(b) All payments made to the person deemed to be the Owner of any Note in
accordance with this Section shall be valid and effectual and shall discharge the liability of the
Town and the Paying Agent/Registrar upon such Note to the extent of the sums paid.
Section 3.06.
(a) So long as any Notes remain outstanding, the Town shall cause the Paying
Agent/Registrar to keep at the Designated Payment/Transfer Office a register (the “Register”) in
which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar
shall provide for the registration and transfer of Notes in accordance with this Ordinance.
Registration, Transfer and Exchange.
(b) The ownership of a Note may be transferred only upon the presentation
and surrender of the Note at the Designated Payment/Transfer Office of the Paying
Agent/Registrar with such endorsement or other evidence of transfer as is acceptable to the
Paying Agent/Registrar. No transfer of any Note shall be effective until entered in the Register.
(c) The Notes shall be exchangeable upon the presentation and surrender
thereof at the Designated Payment/Transfer Office of the Paying Agent/Registrar for a Note or
Notes of the same maturity and interest rate and in any denomination or denominations of any
integral multiple of $5,000 and in an aggregate principal amount equal to the unpaid principal
amount of the Notes presented for exchange. The Paying Agent/Registrar is hereby authorized
to authenticate and deliver Notes exchanged for other Notes in accordance with this Section.
(d) Each exchange Note delivered by the Paying Agent/ Registrar in
accordance with this Section shall constitute an original contractual obligation of the Town and
shall be entitled to the benefits and security of this Ordinance to the same extent as the Note or
Notes in lieu of which such exchange Note is delivered.
(e) No service charge shall be made to the Owner for the initial registration,
subsequent transfer, or exchange for any different denomination of any of the Notes. The Paying
Agent/Registrar, however, may require the Owner to pay a sum sufficient to cover any tax or
other governmental charge that is authorized to be imposed in connection with the registration,
transfer or exchange of a Note.
(f) Neither the Town nor the Paying Agent/Registrar shall be required to
issue, transfer, or exchange any Note called for redemption, in whole or in part, where such
redemption is scheduled to occur within forty-five (45) calendar days after the transfer or
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exchange date; provided, however, such limitation shall not be applicable to an exchange by the
Owner of the uncalled principal balance of a Note.
Section 3.07. Cancellation and Authentication
Section 3.08.
. All Notes paid or redeemed before
scheduled maturity in accordance with this Ordinance, and all Notes in lieu of which exchange
Notes or replacement Notes are authenticated and delivered in accordance with this Ordinance,
shall be cancelled upon the making of proper records regarding such payment, redemption,
exchange or replacement. The Paying Agent/Registrar shall dispose of the cancelled Notes in
accordance with the Securities Exchange Act of 1934.
(a) Following the delivery and registration of the Initial Note and pending the
preparation of definitive Notes, the proper officers of the Town may execute and, upon the
Town’s request, the Paying Agent/Registrar shall authenticate and deliver, one or more
temporary Notes that are printed, lithographed, typewritten, mimeographed or otherwise
produced, in any denomination, substantially of the tenor of the definitive Notes in lieu of which
they are delivered, without coupons, and with such appropriate insertions, omissions,
substitutions and other variations as the officers of the Town executing such temporary Notes
may determine, as evidenced by their signing of such temporary Notes.
Temporary Notes.
(b) Until exchanged for Notes in definitive form, such Notes in temporary
form shall be entitled to the benefit and security of this Ordinance.
(c) The Town, without unreasonable delay, shall prepare, execute and deliver
to the Paying Agent/Registrar the Notes in definitive form; thereupon, upon the presentation and
surrender of the Note or Notes in temporary form to the Paying Agent/Registrar, the Paying
Agent/Registrar shall cancel the Notes in temporary form and authenticate and deliver in
exchange therefor a Note or Notes of the same maturity and series, in definitive form, in the
authorized denomination, and in the same aggregate principal amount, as the Note or Notes in
temporary form surrendered. Such exchange shall be made without the making of any charge
therefor to any Owner.
Section 3.09.
(a) Upon the presentation and surrender to the Paying Agent/Registrar, at the
Designated Payment/Transfer Office, of a mutilated Note, the Paying Agent/Registrar shall
authenticate and deliver in exchange therefor a replacement Note of like tenor and principal
amount, bearing a number not contemporaneously outstanding. The Town or the Paying
Agent/Registrar may require the Owner of such Note to pay a sum sufficient to cover any tax or
other governmental charge that is authorized to be imposed in connection therewith and any
other expenses connected therewith.
Replacement Notes.
(b) In the event that any Note is lost, apparently destroyed or wrongfully
taken, the Paying Agent/Registrar, pursuant to the applicable laws of the State of Texas and in
the absence of notice or knowledge that such Note has been acquired by a bona fide purchaser,
shall authenticate and deliver a replacement Note of like tenor and principal amount, bearing a
number not contemporaneously outstanding, provided that the Owner first:
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(i) furnishes to the Paying Agent/Registrar satisfactory evidence of his or her
ownership of and the circumstances of the loss, destruction or theft of such Note;
(ii) furnishes such security or indemnity as may be required by the Paying
Agent/Registrar and the Town to save them harmless;
(iii) pays all expenses and charges in connection therewith, including, but not
limited to, printing costs, legal fees, fees of the Paying Agent/Registrar and any tax or
other governmental charge that is authorized to be imposed; and
(iv) satisfies any other reasonable requirements imposed by the Town and the
Paying Agent/Registrar.
(c) If, after the delivery of such replacement Note, a bona fide purchaser of
the original Note in lieu of which such replacement Note was issued presents for payment such
original Note, the Town and the Paying Agent/Registrar shall be entitled to recover such
replacement Note from the person to whom it was delivered or any person taking therefrom,
except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity
provided therefor to the extent of any loss, damage, cost or expense incurred by the Town or the
Paying Agent/Registrar in connection therewith.
(d) In the event that any such mutilated, lost, apparently destroyed or
wrongfully taken Note has become or is about to become due and payable, the Paying
Agent/Registrar, in its discretion, instead of issuing a replacement Note, may pay such Note.
(e) Each replacement Note delivered in accordance with this Section shall
constitute an original contractual obligation of the Town and shall be entitled to the benefits and
security of this Ordinance to the same extent as the Note or Notes in lieu of which such
replacement Note is delivered.
ARTICLE IV
NO REDEMPTION OF NOTES BEFORE MATURITY
Section 4.01. No Optional Redemption
The Notes shall not be subject to optional redemption before their scheduled maturity.
.
ARTICLE V
PAYING AGENT/REGISTRAR
Section 5.01. Appointment of Initial Paying Agent/Registrar
Section 5.02.
. Regions Bank, is hereby
appointed as the initial Paying Agent/Registrar for the Notes.
Qualifications. Each Paying Agent/Registrar shall be a commercial bank,
a trust company organized under the laws of the State of Texas, or any other entity duly qualified
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and legally authorized to serve as and perform the duties and services of paying agent and
registrar for the Notes.
Section 5.03.
(a) At all times while any Notes are outstanding, the Town will maintain a
Paying Agent/Registrar that is qualified under Section 5.02 of this Ordinance. The Mayor Pro
Tem is hereby authorized and directed to execute an agreement with the Paying Agent/Registrar
specifying the duties and responsibilities of the Town and the Paying Agent/Registrar. The
signature of the Mayor Pro Tem shall be attested by the Town Secretary.
Maintaining Paying Agent/Registrar.
(b) If the Paying Agent/Registrar resigns or otherwise ceases to serve as such,
the Town will promptly appoint a replacement.
Section 5.04. Termination
Section 5.05.
. The Town, upon not less than 60 days notice, reserves the
right to terminate the appointment of any Paying Agent/Registrar by delivering to the entity
whose appointment is to be terminated written notice of such termination, provided, that such
termination shall not be effective until a successor Paying Agent/Registrar has been appointed
and has accepted the duties of Paying Agent/Registrar for the Notes.
Notice of Change
Section 5.06.
. Promptly upon each change in the entity serving as
Paying Agent/Registrar, the Town will cause notice of the change to be sent to each Owner and
any bond insurer by first class United States mail, postage prepaid, at the address in the Register,
stating the effective date of the change and the name and mailing address of the replacement
Paying Agent/Registrar.
Agreement to Perform Duties and Functions
Section 5.07.
. By accepting the
appointment as Paying Agent/Registrar, and executing the Paying Agent/Registrar Agreement,
the Paying Agent/Registrar is deemed to have agreed to the provisions of this Ordinance and that
it will perform the duties and functions of Paying Agent/Registrar prescribed thereby.
Delivery of Records to Successor
ARTICLE VI
FORM OF THE NOTES
. If a Paying Agent/Registrar is replaced,
such Paying Agent, promptly upon the appointment of the successor, will deliver the Register (or
a copy thereof) and all other pertinent books and records relating to the Notes to the successor
Paying Agent/Registrar.
Section 6.01.
(a) The Notes, including the Registration Certificate of the Comptroller of
Public Accounts of the State of Texas, the Certificate of the Paying Agent/Registrar, and the
Assignment form to appear on each of the Notes, (i) shall be substantially in the form set forth in
this Article, with such appropriate insertions, omissions, substitutions, and other variations as are
permitted or required by this Ordinance, and (ii) may have such letters, numbers, or other marks
of identification (including identifying numbers and letters of the Committee on Uniform
Form Generally.
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Securities Identification Procedures of the American Bankers Association) and such legends and
endorsements (including any reproduction of an opinion of counsel) thereon as, consistently
herewith, may be determined by the Town or by the officers executing such Notes, as evidenced
by their execution thereof.
(b) Any portion of the text of any Notes may be set forth on the reverse side
thereof, with an appropriate reference thereto on the face of the Notes.
(c) The Notes, including the Initial Note submitted to the Attorney General of
Texas and any temporary Notes, shall be typed, printed, lithographed, photocopied or engraved,
and may be produced by any combination of these methods or produced in any other similar
manner, all as determined by the officers executing such Notes, as evidenced by their execution
thereof.
Section 6.02. Form of Notes. The form of Notes, including the form of the Registration
Certificate of the Comptroller of Public Accounts of the State of Texas, the form of Certificate of
the Paying Agent/Registrar and the form of Assignment appearing on the Notes, shall be
substantially as follows:
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(a) [Form of Note
REGISTERED REGISTERED
No. _____ $__________
United States of America
State of Texas
TOWN OF TROPHY CLUB, TEXAS
TAX NOTES
SERIES 2012
]
INTEREST RATE
CLOSING
MATURITY DATE
_____%
DATE
March 1, ____ September 27, 2012
The Town of Trophy Club (the “Town”) in the Counties of Tarrant and Denton, State of
Texas, for value received, hereby promises to pay to
_____________________________
or registered assigns, on the Maturity Date specified above, the sum of
___________________________ DOLLARS
unless this Note shall have been sooner called for redemption and the payment of the principal
hereof shall have been paid or provision for such payment shall have been made, and to pay
interest on the unpaid principal amount hereof from the later of the Closing Date specified above
or the most recent interest payment date to which interest has been paid or provided for until
such principal amount shall have been paid or provided for, at the per annum rate of interest
specified above, computed on the basis of a 360-day year of twelve 30-day months, such interest
to be paid semiannually on March 1 and September 1 of each year, commencing March 1, 2013.
The principal of this Note shall be payable without exchange or collection charges in
lawful money of the United States of America upon presentation and surrender of this Note at the
corporate trust office in Dallas, Texas (the “Designated Payment/Transfer Office”), of Regions
Bank, as initial Paying Agent/Registrar, or, with respect to a successor Paying Agent/Registrar,
at the Designated Payment/Transfer Office of such successor. Interest on this Note is payable by
check dated as of the interest payment date, mailed by the Paying Agent/Registrar to the
registered owner at the address shown on the registration books kept by the Paying
Agent/Registrar or by such other customary banking arrangements acceptable to the Paying
Agent/Registrar, requested by, and at the risk and expense of, the person to whom interest is to
be paid. For the purpose of the payment of interest on this Note, the registered owner shall be
the person in whose name this Note is registered at the close of business on the “Record Date,”
which shall be the last business day of the month next preceding such interest payment date;
provided, however, that in the event of nonpayment of interest on a scheduled interest payment
date, and for 30 days thereafter, a new record date for such interest payment (a “Special Record
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Date”) will be established by the Paying Agent/Registrar, if and when funds for the payment of
such interest have been received from the Town. Notice of the Special Record Date and of the
scheduled payment date of the past due interest (the “Special Payment Date,” which shall be 15
days after the Special Record Date) shall be sent at least five business days prior to the Special
Record Date by United States mail, first class postage prepaid, to the address of each Owner of a
Note appearing on the books of the Paying Agent/Registrar at the close of business on the last
business day preceding the date of mailing such notice.
If a date for the payment of the principal of or interest on the Notes is a Saturday,
Sunday, legal holiday, or a day on which banking institutions in the Town in which the
Designated Payment/Transfer Office is located are authorized by law or executive order to close,
then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday,
legal holiday, or day on which such banking institutions are authorized to close; and payment on
such date shall have the same force and effect as if made on the original date payment was due.
This Note is one of a series of fully registered notes specified in the title hereof, dated as
of September 27, 2012, issued in the aggregate principal amount of $500,000 (herein referred to
as the “Notes”) pursuant to a certain ordinance of the Town Council of the Town (the
“Ordinance”) for the public purpose of providing funds for authorized purchase of equipment
and machinery and the construction of public improvements and the acquisition of land, as
described in the Ordinance, for and within the Town, and to pay the costs of issuance related to
the Notes.
The Notes and the interest thereon are payable from the levy of a direct and continuing ad
valorem tax levied, within the limit prescribed by law, against all taxable property in the Town as
described and provided in the Ordinance.
The Notes are not subject to redemption prior to maturity.
As provided in the Ordinance, and subject to certain limitations therein set forth, this
Note is transferable upon surrender of this Note for transfer at the Designated Payment/Transfer
Office, with such endorsement or other evidence of transfer as is acceptable to the Paying
Agent/Registrar, and, thereupon, one or more new fully registered Notes of the same stated
maturity, of authorized denominations, bearing the same rate of interest, and for the same
aggregate principal amount will be issued to the designated transferee or transferees.
Neither the Town nor the Paying Agent/Registrar shall be required to issue, transfer or
exchange any Note called for redemption where such redemption is scheduled to occur within 45
calendar days of the transfer or exchange date; provided, however, such limitation shall not be
applicable to an exchange by the registered owner of the uncalled principal balance of a Note.
The Town, the Paying Agent/Registrar, and any other person may treat the person in
whose name this Note is registered as the owner hereof for the purpose of receiving payment as
herein provided (except interest shall be paid to the person in whose name this Note is registered
on the Record Date or Special Record Date, as applicable) and for all other purposes, whether or
not this Note be overdue, and neither the Town nor the Paying Agent/Registrar shall be affected
by notice to the contrary.
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IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Note and the
series of which it is a part is duly authorized by law; that all acts, conditions and things required
to be done precedent to and in the issuance of the Notes have been properly done and performed
and have happened in regular and due time, form and manner, as required by law; and that the
total indebtedness of the Town, including the Notes, does not exceed any constitutional or
statutory limitation.
IN WITNESS WHEREOF, this Note has been duly executed on behalf of the Town,
under its official seal, in accordance with law.
____________________________________ ____________________________________
Town Secretary, Mayor,
Town of Trophy Club, Texas Town of Trophy Club, Texas
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(b) [Form of Certificate of Paying Agent/Registrar
CERTIFICATE OF PAYING AGENT/REGISTRAR
This is one of the Notes referred to in the within mentioned Ordinance. The series of
Notes of which this Note is a part was originally issued as one Initial Note which was approved
by the Attorney General of the State of Texas and registered by the Comptroller of Public
Accounts of the State of Texas.
REGIONS BANK,
as Paying Agent/Registrar
Dated: __________________ By: ____________________________________
Authorized Signatory
]
(c) Form of Assignment
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto (print or
typewrite name, address and Zip Code of transferee):
(Social Security or other identifying number: ____________________) the within Note and all
rights hereunder and hereby irrevocably constitutes and appoints ___________________
attorney to transfer the within Note on the books kept for registration hereof, with full power of
substitution in the premises.
.
Date: ______________________
Signature Guaranteed By:
___________________________
___________________________
Authorized Signatory
_________________________________________
NOTICE: The signature on this Assignment must
correspond with the name of the registered owner
as it appears on the face of the within Note in every
particular and must be guaranteed in a manner
acceptable to the Paying Agent/Registrar.
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(d) The following Registration Certificate of Comptroller of Public Accounts
shall appear on the Initial Note:
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER §
OF PUBLIC ACCOUNTS § REGISTER NO. ___________
§
THE STATE OF TEXAS §
I HEREBY CERTIFY THAT there is on file and of record in my office a certificate to
the effect that the Attorney General of the State of Texas has approved this Note, and that this
Note has been registered this day by me.
WITNESS MY SIGNATURE AND SEAL OF OFFICE this ____________________.
__________________________________________
Comptroller of Public Accounts of the
State of Texas
[SEAL]
Section 6.03. CUSIP Registration
Section 6.04.
. The Town may secure identification numbers
through the CUSIP Service Bureau Division of Standard & Poor’s Corporation, New York, New
York, and may authorize the printing of such numbers on the face of the Notes. It is expressly
provided, however, that the presence or absence of CUSIP numbers on the Notes shall be of no
significance or effect as regards the legality thereof and neither the Town nor the attorneys
approving said Notes as to legality are to be held responsible for CUSIP numbers incorrectly
printed on the Notes.
Legal Opinion. The approving legal opinion of Bracewell & Giuliani
L.L.P., Bond Counsel, may be printed on each Note over the certification of the Town Secretary
of the Town, which may be executed in facsimile.
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ARTICLE VII
SALE OF THE NOTES;
CONTROL AND DELIVERY OF THE NOTES
Section 7.01.
(a) The Notes are hereby officially sold and awarded to Regions Equipment
finance Corporation (the “Purchaser”), for a purchase price equal to the principal amount thereof,
being the best terms available to the Town, pursuant to a purchase agreement (the “Purchase
Agreement”) between the Town and the Purchaser, such Purchase Agreement being hereby
approved. The Mayor of the Town is hereby authorized and directed to execute and deliver the
Purchase Agreement to the Purchaser. The Initial Note shall be registered in the name of the
Purchaser or its designee.
Sale of Notes.
(b) All officers and officials of the Town are authorized to take such actions
and to execute such documents, certificates and receipts, and to make such elections with respect
to the tax-exempt status of the Notes, as they may deem necessary and appropriate in order to
consummate the delivery of the Notes. Further, in connection with the submission of the record
of proceedings for the Notes to the Attorney General of the State of Texas for examination and
approval of such Notes, the appropriate officer of the Town is hereby authorized and directed to
issue a check of the Town payable to the Attorney General of the State of Texas as a
nonrefundable examination fee in the amount required by Chapter 1202, Texas Government
Code (such amount to be the lesser of (i) 1/10th of 1% of the principal amount of the Notes or
(ii) $9,500).
(c) The obligation of the Purchaser identified in subsection (a) of this
Section to accept delivery of the Notes is subject to the Purchaser being furnished with the final,
approving opinion of Bracewell & Giuliani L.L.P., Bond Counsel for the Town, which opinion
shall be dated as of and delivered on the Closing Date. The Mayor is hereby authorized and
directed to execute the engagement letter with Bracewell & Giuliani, L.L.P., setting forth such
firm’s duties as Bond Counsel for the City, and such engagement letter and the terms thereof in
the form presented at this meeting are hereby approved and accepted.
Section 7.02.
(a) The Mayor is hereby authorized to have control of the Initial Note and all
necessary records and proceedings pertaining thereto pending investigation, examination and
approval of the Attorney General of the State of Texas, registration by the Comptroller of Public
Accounts of the State of Texas, and registration with, and initial exchange or transfer by, the
Paying Agent/Registrar.
Control and Delivery of Notes.
(b) After registration by the Comptroller of Public Accounts, delivery of the
Notes shall be made to the Purchaser under and subject to the general supervision and direction
of the Mayor, against receipt by the Town of all amounts due to the Town under the terms of
sale.
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(c) In the event the Mayor or Town Secretary is absent or otherwise unable to
execute any document or take any action authorized herein, the Mayor Pro Tem and the Assistant
Town Secretary, respectively, shall be authorized to execute such documents and take such
actions, and the performance of such duties by the Mayor Pro Tem and the Assistant Town
Secretary shall for the purposes of this Ordinance have the same force and effect as if such duties
were performed by the Mayor and Town Secretary, respectively.
ARTICLE VIII
CREATION OF FUNDS AND ACCOUNTS;
DEPOSIT OF PROCEEDS; INVESTMENTS
Section 8.01.
(a) The Town hereby establishes the following special funds or accounts:
Creation of Funds.
(i) The Town of Trophy Club, Texas, Tax Notes, Series 2012, Interest and
Sinking Fund; and
(ii) The Town of Trophy Club, Texas, Tax Notes, Series 2012, Project Fund.
(b) Each of said funds or accounts shall be maintained at an official
depository of the Town.
Section 8.02.
(a) The taxes levied under Section 2.01 shall be deposited to the credit of the
Interest and Sinking Fund at such times and in such amounts as necessary for the timely payment
of the principal of and interest on the Notes.
Interest and Sinking Fund.
(b) If the amount of money in the Interest and Sinking Fund is at least equal to
the aggregate principal amount of the outstanding Notes plus the aggregate amount of interest
due and that will become due and payable on such Notes, no further deposits to that fund need be
made.
(c) Money on deposit in the Interest and Sinking Fund shall be used to pay the
principal of and interest on the Notes as such become due and payable.
Section 8.03.
(a) Money on deposit in the Project Fund, including investment earnings
thereof, shall be used for the purposes specified in Section 3.01 of this Ordinance.
Project Fund.
(b) All amounts remaining in the Project Fund after the accomplishment of
the purposes for which the Notes are hereby issued, including investment earnings of the Project
Fund, shall be deposited into the Interest and Sinking Fund.
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Section 8.04. Security of Funds
Section 8.05.
. All moneys on deposit in the funds referred to in this
Ordinance shall be secured in the manner and to the fullest extent required by the laws of the
State of Texas for the security of public funds, and moneys on deposit in such funds shall be
used only for the purposes permitted by this Ordinance.
Deposit of Proceeds
(a) The proceeds from the sale of the Notes shall be deposited to the Project
Fund, such moneys to be dedicated and used for the purposes specified in Section 3.01.
.
(b) All amounts remaining in the Project Fund after the accomplishment of
the purposes for which the Notes are hereby issued, including investment earnings of the Project
Fund, shall be deposited into the Interest and Sinking Fund.
Section 8.06.
(a) Money in the Interest and Sinking Fund and the Acquisition and
Construction Fund, at the option of the Town, may be invested in such securities or obligations
as permitted under applicable law.
Investments.
(b) Any securities or obligations in which money is so invested shall be kept
and held in trust for the benefit of the Owners and shall be sold and the proceeds of sale shall be
timely applied to the making of all payments required to be made from the fund from which the
investment was made.
Section 8.07. Investment Income
ARTICLE IX
PARTICULAR REPRESENTATIONS AND COVENANTS
. Interest and income derived from investment of any
fund created by this Ordinance shall be credited to such fund.
Section 9.01. Payment of the Notes
Section 9.02.
. While any of the Notes are outstanding and unpaid,
there shall be made available to the Paying Agent/Registrar, out of the Interest and Sinking Fund,
money sufficient to pay the interest on and the principal of the Notes, as applicable, as will
accrue or mature on each applicable Interest Payment Date.
(a) The Town will faithfully perform at all times any and all covenants,
undertakings, stipulations, and provisions contained in this Ordinance and in each Note; the
Town will promptly pay or cause to be paid the principal of and interest on each Note on the
dates and at the places and manner prescribed in such Note; and the Town will, at the times and
in the manner prescribed by this Ordinance, deposit or cause to be deposited the amounts of
money specified by this Ordinance.
Other Representations and Covenants.
(b) The Town is duly authorized under the laws of the State of Texas to issue
the Notes; all action on its part for the creation and issuance of the Notes has been duly and
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effectively taken; and the Notes in the hands of the Owners thereof are and will be valid and
enforceable obligations of the Town in accordance with their terms.
Section 9.03. Provisions Concerning Federal Income Tax Exclusion
Section 9.04.
. The Town intends
that the interest on the Notes shall be excludable from gross income for purposes of federal
income taxation pursuant to sections 103 and 141 through 150 of the Internal Revenue Code of
1986, as amended (the “Code”), and the applicable regulations promulgated thereunder the
(“Regulations”). The Town covenants and agrees not to take any action, or knowingly omit to
take any action within its control, that if taken or omitted, respectively, would cause the interest
on the Notes to be includable in the gross income, as defined in section 61 of the Code, of the
holders thereof for purposes of federal income taxation. In particular, the Town covenants and
agrees to comply with each requirement of Sections 9.03 through 9.11 of this Article IX;
provided, however, that the Town shall not be required to comply with any particular
requirement of Sections 9.03 through 9.11 of this Article IX if the Town has received an opinion
of nationally recognized bond counsel (“Counsel’s Opinion”) that such noncompliance will not
adversely affect the exclusion from gross income for federal income tax purposes of interest on
the Notes or if the Town has received a Counsel’s Opinion to the effect that compliance with
some other requirement set forth in Sections 9.03 through 9.11 of this Article IX will satisfy the
applicable requirements of the Code, in which case compliance with such other requirement
specified in such Counsel’s Opinion shall constitute compliance with the corresponding
requirement specified in Sections 9.03 through 9.11 of this Article IX.
No Private Use or Payment and No Private Loan Financing
Section 9.05.
. The Town
shall certify, through an authorized officer, employee or agent, that, based upon all facts and
estimates known or reasonably expected to be in existence on the date the Notes are delivered,
the proceeds of the Notes will not be used in a manner that would cause the Notes to be “private
activity bonds” within the meaning of section 141 of the Code and the Regulations. The Town
covenants and agrees that it will make such use of the proceeds of the Notes, including interest or
other investment income derived from Note proceeds, regulate the use of property financed,
directly or indirectly, with such proceeds, and take such other and further action as may be
required so that the Notes will not be “private activity bonds” within the meaning of section 141
of the Code and the Regulations.
No Federal Guaranty
Section 9.06.
. The Town covenants and agrees not to take any
action, or knowingly omit to take any action within its control, that, if taken or omitted,
respectively, would cause the Notes to be “federally guaranteed” within the meaning of section
149(b) of the Code and the Regulations, except as permitted by section 149(b)(3) of the Code
and the Regulations.
Notes are not Hedge Bonds
Section 9.07.
. The Town covenants and agrees not to take
any action, or knowingly omit to take any action, and has not knowingly omitted and will not
knowingly omit to take any action, within its control, that, if taken or omitted, respectively,
would cause the Notes to be “hedge bonds” within the meaning of section 149(g) of the Code
and the Regulations.
No-Arbitrage Covenant. The Town shall certify, through an authorized
officer, employee or agent, that, based upon all facts and estimates known or reasonably
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expected to be in existence on the date the Notes are delivered, the Town will reasonably expect
that the proceeds of the Notes will not be used in a manner that would cause the Notes to be
“arbitrage bonds” within the meaning of section 148(a) of the Code and the Regulations.
Moreover, the Town covenants and agrees that it will make such use of the proceeds of the Notes
including interest or other investment income derived from Note proceeds, regulate investments
of proceeds of the Notes and take such other and further action as may be required so that the
Notes will not be “arbitrage bonds” within the meaning of section 148(a) of the Code and the
Regulations.
Section 9.08. Arbitrage Rebate
Section 9.09.
. If the Town does not qualify for an exception to the
requirements of Section 148(f) of the Code, the Town will take all necessary steps to comply
with the requirement that certain amounts earned by the Town on the investment of the “gross
proceeds” of the Notes (within the meaning of section 148(f)(6)(B) of the Code), be rebated to
the federal government. Specifically, the Town will (i) maintain records regarding the
investment of the gross proceeds of the Notes as may be required to calculate the amount earned
on the investment of the gross proceeds of the Notes separately from records of amounts on
deposit in the funds and accounts of the Town allocable to other bond issue of the Town or
moneys which do not represent gross proceeds of any bonds of the Town, (ii) calculate at such
times as are required by the Regulations, the amount earned from the investment of the gross
proceeds of the Notes which is required to be rebated to the federal government, and (iii) pay,
not less often than every fifth anniversary date of the delivery of the Notes or on such other dates
as may be permitted under the Regulations, all amounts required to be rebated to the federal
government. Further, the Town will not indirectly pay any amount otherwise payable to the
federal government pursuant to the foregoing requirements to any person other than the federal
government by entering into any investment arrangement with respect to the gross proceeds of
the Notes that might result in a reduction in the amount required to be paid to the federal
government because such arrangement results in a smaller profit or a larger loss than would have
resulted if the arrangement had been at arm’s length and had the yield on the issue not been
relevant to either party.
Information Reporting
Section 9.10.
. The Town covenants and agrees to file or cause to
be filed with the Secretary of the Treasury, not later than the 15th day of the second calendar
month after the close of the calendar quarter in which the Notes are issued, an information
statement concerning the Notes, all under and in accordance with section 149(e) of the Code and
the Regulations.
Continuing Obligation
Section 9.11.
. Notwithstanding any other provision of this
Ordinance, the Town’s obligations under the covenants and provisions of Sections 9.03 through
9.09 and Section 9.11 of this Article IX shall survive the defeasance and discharge of the Notes.
Qualified Tax-Exempt Obligations. The Town hereby designates the
Notes as “qualified tax-exempt obligations” for purposes of section 265(b) of the Code. In
connection therewith, the Town represents (a) that the aggregate amount of tax-exempt
obligations issued by the Town during calendar year 2012, including the Notes, which have been
designated as “qualified tax-exempt obligations” under section 265(b)(3) of the Code does not
exceed $10,000,000, and (b) that the reasonably anticipated amount of its tax-exempt obligations
which will be issued by the Town during calendar year 2012, including the Notes, will not
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exceed $10,000,000. For purposes of this Section 9.11, the term “tax-exempt obligations” does
not include “private activity bonds” within the meaning of section 141 of the Code, other than
“qualified 501(c)(3) bonds” within the meaning of section 145 of the Code. In addition, for
purposes of this Section 9.11, the Town includes all governmental units which are aggregate with
the Town under section 265(b) of the Code.
ARTICLE X
DEFAULT AND REMEDIES
Section 10.01. Events of Default
(i) the failure to make payment of the principal of, redemption premium, if
any, or interest on any of the Notes when the same becomes due and payable; or
. Each of the following occurrences or events for the
purpose of this Ordinance is hereby declared to be an “Event of Default,” to-wit:
(ii) default in the performance or observance of any other covenant,
agreement or obligation of the Town, the failure to perform which materially, adversely
affects the rights of the Owners, including but not limited to, their prospect or ability to
be repaid in accordance with this Ordinance, and the continuation thereof for a period of
60 days after notice of such default is given by any Owner to the Town.
Section 10.02.
(a) Upon the happening of any Event of Default, then and in every case any
Owner or an authorized representative thereof, including but not limited to, a trustee or trustees
therefor, may proceed against the Town for the purpose of protecting and enforcing the rights of
the Owners under this Ordinance, by mandamus or other suit, action or special proceeding in
equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including
the specific performance of any covenant or agreement contained herein, or thereby to enjoin any
act or thing that may be unlawful or in violation of any right of the Owners hereunder or any
combination of such remedies.
Remedies for Default.
(b) It is provided that all such proceedings shall be instituted and maintained
for the equal benefit of all Owners of Notes then outstanding.
Section 10.03.
(a) No remedy herein conferred or reserved is intended to be exclusive of any
other available remedy or remedies, but each and every such remedy shall be cumulative and
shall be in addition to every other remedy given hereunder or under the Notes or now or
hereafter existing at law or in equity; provided, however, that notwithstanding any other
provision of this Ordinance, the right to accelerate the debt evidenced by the Notes shall not be
available as a remedy under this Ordinance.
Remedies Not Exclusive.
(b) The exercise of any remedy herein conferred or reserved shall not be
deemed a waiver of any other available remedy.
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ARTICLE XI
DISCHARGE
Section 11.01. Discharge
ARTICLE XII
EFFECTIVE IMMEDIATELY
. The Town reserves the right to defease, discharge or refund
the Notes in any manner permitted by applicable law.
Section 12.01. Effectiveness
__________________________________________
. This Ordinance shall become effective immediately upon
its adoption at this meeting pursuant to Section 1201.028, Texas Government Code.
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Signature Page for Ordinance
#4147468.2
APPROVED this 4th day of September, 2012.
__________________________________________
Mayor, Town of Trophy Club, Texas
ATTEST:
____________________________________
Town Secretary, Town of Trophy Club, Texas
____________________________________
Town Attorney, Town of Trophy Club, Texas
Town Council Page 74 of 129 Meeting Date: September 4, 2012
Texas
New York
Washington, DC
Connecticut
Seattle
Dubai
London
Ben A. Brooks III
Partner
214.758.1022 Office
214.468.3888 Fax
Ben.Brooks@bgllp.com
Bracewell & Giuliani LLP
1445 Ross Avenue
Suite 3800
Dallas, Texas
75202-2711
September 4, 2012
The Honorable Mayor and Town Council Members
Town of Trophy Club, Texas
100 Municipal Drive
Trophy Club, Texas 76262
Dear The Honorable Mayor and Town Council Members:
We are pleased to set forth in this letter the terms of our engagement as bond and finance
counsel for the Town of Trophy Club, Texas (the “Town”) in connection with its issuance
from time to time of bonds and other debt instruments (collectively, the “Bonds”) and such
other general finance matters as may be referred to us from time to time. We appreciate the
confidence you have shown in Bracewell & Giuliani LLP (“B&G” or “Firm”) and look
forward to this opportunity to represent your interests.
It is our practice to confirm the terms and conditions of our engagements, and that is the
purpose of this Engagement Letter and the attached Terms of Engagement. This engagement
has been approved by B&G subject to the conditions described in this letter.
Scope of Engagement
We agree that our services as Bond Counsel will include the following services:
1. Attendance at all Town Council meetings of the Town as required or
requested in connection with the planning and authorization of Bonds,
including consultation on federal income tax matters;
2. Preparation of bond election ordinances, as necessary, and assistance with
filing or necessary preclearance letters with the U.S. Department of Justice;
3. Preparation of the ordinances of the Town authorizing issuance of Bonds,
together with all other legal documents comprising the transcript of
proceedings for authorization and issuance of Bonds and other debt
instruments;
4. Preparation of and submission to the Attorney General of Texas of a transcript
of proceedings for each series of Bonds or other debt instruments to obtain the
Town Council Page 75 of 129 Meeting Date: September 4, 2012
The Honorable Mayor and Town Council Members
September 4, 2012
Page 2
approval of the Attorney General and registration of Bonds by the
Comptroller of Public Accounts of Texas;
5. Preparation and filing of legal documents required under federal income tax
law for the Bonds, and the preparation of and delivery to the Town of a Letter
of Instructions with respect to the federal income tax treatment of Bond
proceeds;
6. Representation of the Town at the closing of the sale of Bonds, including
preparation of all closing documents; and
7. If appropriate, the delivery at closing of our approving opinion as to the
validity of the Bonds under Texas law, and the exclusion of interest on the
Bonds from gross income of the holders under federal income tax law.
The services outlined above do not include such matters as services as disclosure counsel in
connection with the sale of the Bonds, work on post closing federal tax or disclosure issues,
obtaining IRS rulings or clarifications of federal tax law, presentations to rating agencies or
bond insurers, or “blue sky” or securities registration services. We will be pleased to provide
legal services in connection with any matters not included in paragraphs 1 through 7 above,
but we believe that such additional services, if requested by the Town, should be the subject
of an addendum to this letter or a separate letter of engagement. Our representation of the
Town with respect to any particular series of Bonds will end upon the closing for that
particular series of Bonds.
This Engagement Letter may be supplemented to reflect new matters or issues that deviate
from the current engagement in scope, billing arrangements, complexity, risk, or that
otherwise require a substantial change in terms and conditions. The Terms of Engagement,
however, will govern all projects and engagements for Client.
Public Improvement District Engagement
We agree to provide our professional services with respect to the ongoing administration of
the Town’s public improvement districts at our discounted hourly rates on an as needed
basis. Such services will be billed periodically and separate from our services as Bond
Counsel to the Town.
Fees, Expenses and Billing with Respect to Services
Fees for our services in connection with the issuance of each series of Bonds shall be
determined in accordance with the schedule set forth in Exhibit A. Our fees with respect to
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The Honorable Mayor and Town Council Members
September 4, 2012
Page 3
each issue of Bonds shall be payable at the time of delivery of the Bonds to the purchaser
thereof. Occasionally, the Town may request us to perform miscellaneous legal services not
related to a specific issue of Bonds. We propose that such services be performed on an
hourly basis according to our normal hourly rates charged to other clients and billed monthly.
Conflicts of Interest: Applicable Standard
For purposes of evaluating conflicts of interests, you acknowledge that B&G relies upon the
Texas Disciplinary Rules of Professional Conduct. B&G may represent other clients that
may be adverse to your interests in substantially unrelated matters, and it may represent other
clients within the same industry.
Alternative Dispute Resolution
Disputes arising under or pertaining to this engagement shall be resolved, if possible, by a
non-binding mediation conducted by a mutually acceptable mediator at a location acceptable
to the Town and B&G. The mediation process may be initiated by a written request with a
list of acceptable mediators and site for the proceeding.
Conclusion
You are encouraged to discuss the terms of this engagement letter with the independent
counsel of your choice. Please call me if you wish to discuss any aspect of this engagement.
If this Engagement Letter, including the provisions in the attached Terms of Engagement,
correctly reflects your understanding of the terms and conditions of our representation, please
sign the enclosed copy of this letter in the space provided and return one original to B&G.
Town Council Page 77 of 129 Meeting Date: September 4, 2012
The Honorable Mayor and Town Council Members
September 4, 2012
Page 4
Thank you again for the opportunity to represent you in this matter.
Very truly yours,
Bracewell & Giuliani LLP
By: _________________________________
Name: Ben A. Brooks III
Attachments
AGREED AND ACCEPTED:
TOWN OF TROPHY CLUB
By: _________________________________
Its: _________________________________
Date: _______________________________
Town Council Page 78 of 129 Meeting Date: September 4, 2012
EXHIBIT A
Bond Counsel Fees
Relating to Routine Debt Issues
for the Town of Trophy Club, Texas
Proceeds Amount Fee
First $5 million $7,500 minimum fee
Next $5 million $7,500 plus $1.25 per
$1,000 proceeds amount
in excess of $5 million
$10 million - $20 million $13,750 plus $1.00 per
$1,000 proceeds amount
in excess of $10 million
Over $20 million $23,750 plus $.75 per
$1,000 proceeds and in
excess of $20 million
Fees for refundings will be based on the same schedule times 1.50
Variable Rate Bonds (with third party credit or liquidity enhancement)
Same as above, plus an amount to be agreed upon in advance based on complexity of each
transaction.
Bond Election
Hourly rates not exceeding a total of $10,000 to be added to the initial bond issue following
such election.
Texas Water Development Board Transactions
Same as above, plus $7,500 for CWSRF and DWSRF Bond issues. For other TWDB Bond
issues, fees to be agreed upon in advance based on complexity of each transaction.
Other Matters
When and as requested and with the fees to be agreed upon in advance.
Town Council Page 79 of 129 Meeting Date: September 4, 2012
The Honorable Mayor and Town Council Members
September 4, 2012
Page 2
Legal Work Regarding the Town’s Public Improvement Districts
Hourly Rates as agreed upon in advance.
Town Council Page 80 of 129 Meeting Date: September 4, 2012
#4025987.1
BRACEWELL & GIULIANI LLP
TERMS OF ENGAGEMENT
Introduction
These are the Terms of Engagement adopted by Bracewell & Giuliani LLP (“B&G”) and the
addressee of the preceding Engagement Letter (“Client”) and referred to in our Engagement
Letter as the basis for our representation. Because they are an integral part of our agreement
to provide representation, we ask that you review this document carefully and retain it for
your files. If you have any questions after reading it, please promptly inform your principal
contact at the Firm.
Client of the Firm
Because B&G has been engaged to represent the Client only, the engagement does not
include the Client’s family members, affiliated or related entities, or their respective
individual officers, directors, partners, equity owners or employees.
Unless otherwise specifically stated in the Engagement Letter, our representation does not
include any parent, subsidiary, or affiliated entity; employee, officer, director, shareholder,
member or partner of an entity; or, any commonly owned entity. For any trade association,
our representation does not include any member of the trade association; and for individuals,
our representation does not include any employer, partner, spouse, sibling, or other family
member. In the event we are asked to undertake representation of any other entity in
connection with this engagement, we will do so only by agreement defined in the
Engagement Letter. By execution of the Engagement Letter, Client consents to B&G’s use
of the name and a generic description of the transaction in B&G marketing materials.
Confidential Client information will not be included in such materials.
Our Relationship with Others and Conflicts of Interest
Conflict of Interest is a concern for B&G and its clients. We attempt to identify actual and
potential conflicts at the outset of each engagement. Unfortunately, conflicts sometimes arise
or become apparent after work begins on an engagement. When that happens, we will do our
best to address and resolve the situation in the manner that best serves the interests of all of
our affected clients.
Client and B&G agree that matters relating to legal ethics and professionalism, including
Conflicts of Interest, will be resolved by the Texas Disciplinary Rules of Professional
Conduct.
B&G accepts this engagement on the understanding that our representation of you will not
preclude us from accepting another engagement from a new or existing client provided that
(1) such engagement is not substantially related to the subject matter of services we provide
to you and (2) such other engagement would not impair the confidentiality of related client
information.
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Staffing the Project
In most cases, one attorney will be your primary contact. In order to provide you with the
expertise of our firm, and to provide services on a cost effective basis, that attorney will
delegate parts of your work to other lawyers, paralegals and professionals.
Billing Arrangements and Terms of Payment
Fees for professional services and expenses are not contingent on the outcome of the project,
unless expressly stated in the Engagement Letter.
Unless expressly stated in the Engagement Letter, B&G issues invoices on a periodic basis,
normally each month, for fees and expenses. Invoices are due on receipt and are considered
past due 30 days after receipt.
Clients frequently ask us to estimate the fees and other charges they are likely to incur in
connection with a particular matter. Any estimate is based on professional judgment and
facts and circumstances that appear at the time. As such, any estimate is subject to the
understanding that, unless we agree otherwise in writing, it does not represent a maximum,
minimum, or fixed-fee quotation. The ultimate cost frequently is more or less than the
amount estimated.
It may be necessary for us to retain third parties, such as consultants, experts and
investigators, in order to represent you adequately. In that event, you will be responsible for
the prompt payment of the invoices of those third parties. Although we may advance third-
party disbursements in reasonable amounts, we will ask you to pay larger third-party invoices
(usually those over $500) directly to the third party providing the services.
If the representation will require a concentrated period of activity, such as a trial, arbitration,
or hearing, we reserve the right to require the payment of all amounts owed and the
prepayment of the estimated fees and expenses to be incurred in completing the trial,
arbitration, or hearing, as well as arbitration fees likely to be assessed. If you fail to pay
timely the estimated fees and expenses, we will have the right to cease performing further
work and the right to withdraw from the representation, subject to any applicable rules of
court or other applicable tribunal.
Although an insurer’s payment of defense costs may be applied to billings of the firm, the
payment obligation remains with you. Failure of any insurer to pay all or part of the billings
for this project does not relieve you from the obligation to pay billings in full and in a timely
manner.
Taxes
The Client agrees that all payments under the Engagement Letter shall be payable to B&G in
U.S. Dollars, free and clear of any and all present and future taxes, levies, imposts, duties,
deductions, withholdings, fees, liabilities and similar charges (the “Taxes”). If any Taxes are
required to be withheld or deducted from any amount payable under the Engagement Letter,
then the amount payable under the Engagement Letter shall be increased to the amount
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which, after deduction from such increased amount of all Taxes required to be withheld or
deducted therefrom, will yield to B&G the amounts stated to be payable to B&G under the
Engagement Letter.
Termination
Because B&G has been engaged to provide services in connection with the representation
specifically defined in our Engagement Letter, the attorney-client relationship terminates
upon our completion of those services.
You may terminate the engagement at any time, with or without cause, by notifying us in
writing. The firm also can terminate the engagement before the completion of its
representation of you in the specified matter if (a) the continued representation would result
in a violation of the applicable rules of professional conduct or other law; (b) the termination
can be accomplished without material adverse effect on your interests; (c) you persist in a
course of action that B&G reasonably believes is criminal or fraudulent, or you have used our
services to perpetrate a crime or fraud, (d) the firm has a fundamental disagreement with the
objective or tactics in this engagement; (e) you deliberately and substantially fail to discharge
an obligation regarding this engagement, including the payment of fees and expenses and the
duty of cooperation as provided in the Terms of Engagement; or (f) other good cause for
termination exist. In the event that the firm intends to terminate the engagement, the firm
will give reasonable notice and allow you access to your files relating to this engagement.
For purposes of this Engagement Letter, this engagement terminates upon written notice of
termination by Client or by B&G.
The termination of our services will not affect your responsibility for payment of legal
services rendered and other charges incurred before termination and in connection with an
orderly transition of the project.
After completion of the representation, however, changes may occur in the applicable laws or
regulations that could affect your future rights and liabilities in regard to the matter. B&G
has no continuing obligation to give advice with respect to any future legal developments that
may relate to the project.
Retention of Client Files
Client files are limited to: materials supplied by Client; final contracts; estate planning
documents, deeds and corporate records; and, routine correspondence related to this
engagement. At the close of any matter, Client files may be returned to you, sent to a private
storage facility, archived for a limited time or destroyed. The attorney closing the file will
determine, at his or her discretion, the disposition of Client files, unless you make a specific
written request that they be returned.
Your request for return of Client files must be delivered to B&G no later than 120 days after
the last substantive service relating to the closed matter. A substantive service does not
include audit letter research and preparation, or any other service that does not directly relate
to the substantive discharge of a Client engagement. Your request must be specific and
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designate your representative to receive the files. Client is responsible for paying the
reasonable cost to retrieve, duplicate and deliver the Client files.
B&G adopted a program of document retention and management of electronically stored
information, including regular deletion of outdated, corrupt or useless files. Such program
may change from time-to-time.
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Town Council Page 84 of 129 Meeting Date: September 4, 2012
5
#4025987.1
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Town Council Page 85 of 129 Meeting Date: September 4, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-401-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/29/2012 Town Council
On agenda:Final action:9/4/2012
Title:Consider and take appropriate action regarding an Ordinance of the Town Of Trophy Club, Texas,
Amending Chapter 11 of the Code of Ordinances of the Town, entitled “Public Works”, Article I,
entitled “Refuse, Recyclable, And Hazardous Waste Materials”, by amending various sections and
subsections for the purpose of regulating refuse collection within the Town; providing for a penalty;
and providing an effective date.
Attachments:ORD 2012-17.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding an Ordinance of the Town Of Trophy Club, Texas, Amending Chapter 11
of the Code of Ordinances of the Town, entitled “Public Works”, Article I, entitled “Refuse, Recyclable, And Hazardous
Waste Materials”, by amending various sections and subsections for the purpose of regulating refuse collection within the
Town; providing for a penalty; and providing an effective date.
EXPLANATION:
The proposed ordinance amendment sets out to define concretely what will be allowed for our residential solid waste
customers on trash collection days. Containers are defined as no larger than 50-gallon containers that would be allowed
as long as all trash is bagged. If loose trash is in the container it will not be serviced. Allied Waste has agreed to the
proposed amendment and will sign an appropriate cover letter so indicating. Effective date of this change will be Oct 1,
2012.
TOWN COUNCIL GOAL(S):
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
Goal #4: Healthy, Picturesque, and Environmentally Sound
Promote recreational / active lifestyle opportunities for all ages
Maintain neat and tidy appearance
Improve property maintenance standards and code enforcement
Develop / Enhance environmental and sustainability standards and programs
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommends approval.
Town Council Page 86 of 129 Meeting Date: September 4, 2012
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2012-17
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE
TOWN, ENTITLED “PUBLIC WORKS”, ARTICLE I, ENTITLED
“REFUSE, RECYCLABLE, AND HAZARDOUS WASTE MATERIALS”,
BY AMENDING VARIOUS SECTIONS AND SUBSECTIONS FOR THE
PURPOSE OF REGULATING REFUSE COLLECTION WITHIN THE
TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS TO SECTION 1.01 ENTITLED
“DEFINITIONS”, SECTION 1.02 ENTITLED “DUTIES OF A
RESIDENTIAL CUSTOMER”, SECTION 1.03 ENTITLED RESIDENTIAL
COLLECTION OF BRUSH; SECTION 1.06 ENTITLED “REMOVAL OF
DEBRIS”; AND SECTION 1.09 ENTITLED “PROHIBITED ACTS”;
PROVIDING A CUMULATIVE REPEALER; PROVIDING FOR SAVINGS;
PROVIDING SEVERABILITY; PROVIDING A PENALTY IN AN AMOUNT
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH
A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; PROVIDING ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (“Town”) is
empowered under the Texas Health and Safety Code and the Texas Local Government
Code to adopt provisions to regulate the disposition of refuse, recyclable, and
hazardous waste materials within the Town;
WHEREAS, the Town has adopted regulations governing the collection of refuse,
recyclable materials and hazardous materials which are codified in Article I entitled
“Refuse, Recyclable, and Hazardous Waste Materials” of Chapter 11 entitled “Public
Works” of the Code of Ordinances of the Town; and
WHEREAS, the Town Council has determined it necessary to make various
amendments to Article I to reflect the standards for collection of refuse, recyclable and
hazardous materials which are set forth in the Town’s agreement with the vendor
providing solid waste and recyclable collection and disposal services within the Town;
and
WHEREAS, it is the desire of the Town to amend Article I of Chapter 11 to adopt
new requirements and standards for the disposition of refuse, recyclable, and
hazardous waste materials in order to protect the health and safety of the citizens of the
Town of Trophy Club.
Town Council Page 87 of 129 Meeting Date: September 4, 2012
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS;
SECTION 1.
INCORPORATION OF PREAMBLE
The above and foregoing preamble is incorporated into the body of this
Ordinance as if copied herein in its entirety.
SECTION 2.
DEFINITIONS
2.01 Section 1.01 entitled “Definitions” of Article I entitled “Refuse, Recyclable, and
Hazardous Waste Materials” of Chapter 11 entitled “Public Works” of the Code of
Ordinances is hereby amended so that the term “Debris” currently listed in alphabetical
order under Section 1.01 is repealed and a new definition for the term “Construction
Debris” is hereby adopted, placed in alphabetical order within Section 1.01, and shall be
and read in its entirety as follows:
1.01 Definitions
“Construction Debris: Dirt, concrete, rocks, bricks or other waste building
materials.”
2.02 Section 1.01 entitled “Definitions” of Article I entitled “Refuse, Recyclable, and
Hazardous Waste Materials” of Chapter 11 entitled “Public Works” of the Code of
Ordinances is hereby amended so that the term “Refuse Container” currently listed in
alphabetical order under Section 1.01 is repealed and a new definition for the term
“Refuse Container” is hereby adopted, placed in alphabetical order within Section 1.01,
and shall be and read in its entirety as follows:
1.01 Definitions
“Refuse Container: Any plastic bag, cardboard, metal or wooden box
having no outside dimension of more than four (4) feet or any portable,
closed, waterproof, plastic container with a capacity or volume of fifty (50)
gallons or less; which is capable of containing refuse without leaking or
emitting odors, that does not allow items to be scattered, and which
weighs, when loaded, less than fifty (50) pounds per container and which
is placed at curbside for removal. All refuse placed within plastic
containers shall first be placed in a plastic bag, cardboard, metal, or wood
box.”
Town Council Page 88 of 129 Meeting Date: September 4, 2012
2.03 Paragraph E of Section 1.02 entitled “Duties of a Residential Customer” of Article
I entitled “Refuse, Recyclable, and Hazardous Waste Materials” of Chapter 11 entitled
“Public Works” of the Code of Ordinances of the Town of Trophy Club, Texas is hereby
repealed in its entirety and a new Section 1.02 (E) is hereby adopted and shall be and
read in its entirety as follows:
1.02 Duties Of Residential Customer
It shall be the duty of each residential customer to place refuse and
recyclable materials as follows:
“E. Refuse and all items included for residential collection shall be placed
at curbside at the resident’s street address in Refuse Containers and
shall be placed and maintained in such a manner as to prevent
Refuse from being scattered. Refuse placed inside of an allowed
cardboard, metal or wooden box, or plastic container shall be bagged
in a plastic bag, and no loose trash shall be placed in a cardboard,
metal or wooden box, or a plastic container.”
2.04 Section 1.03 entitled “Residential Collection of Brush” of Article I entitled “Refuse,
Recyclable, and Hazardous Waste Materials” of Chapter 11 entitled “Public Works” of
the Code of Ordinances of the Town of Trophy Club, Texas is hereby repealed in its
entirety and a new Section 1.03 entitled “Residential Collection of Brush” is hereby
adopted and shall be and read in its entirety as follows:
1.03 Residential Collection of Brush
“Brush that is of such a nature that it cannot be placed in refuse container
shall be cut in lengths not to exceed four (4) feet and shall be trimmed,
stacked, tied and placed at curbside to a height of not more than three (3)
feet and a weight not to exceed fifty (50) pounds per bundle. All Brush
that is of such nature that it may be placed in a Refuse Container,
including without limitation all vines and thorny bushes, shall be placed in
a plastic bag prior to placement in a Refuse Container, and no loose
Brush shall be placed in a cardboard, metal or wooden box, or plastic
container. A resident may receive a special pick-up upon request made
through the Town’s approved franchise vendor. A fee based upon
quantity and volume may be assessed in accordance with the approved
vendor’s fee schedule in effect at the time.”
2.05 Section 1.06 entitled “Removal of Debris” of Article I entitled “Refuse, Recyclable,
and Hazardous Waste Materials” of Chapter 11 entitled “Public Works” of the Code of
Ordinances of the Town of Trophy Club, Texas is hereby repealed in its entirety and a
new Section 1.06 entitled “Removal of Construction Debris” is hereby adopted and shall
be and read in its entirety as follows:
Town Council Page 89 of 129 Meeting Date: September 4, 2012
“1.06 Removal Of Construction Debris
Construction Debris, as that term is defined herein, or other Refuse
resulting from preparation for construction, construction, major
remodeling, or general cleanup of property, or sizeable amounts of Refuse
due to construction, construction preparation, remodel, or general cleanup
of property, will not be removed by the Town as regular service. The
property owner shall have such Construction Debris removed at his/her
expense. A property owner may request a pick-up from the Town’s
approved franchise vendor for the removal of Construction Debris. A fee
for such service may be assessed in accordance with the approved
vendor’s fee schedule in effect at the time.”
2.06 Paragraph F of Section 1.09 entitled “Prohibited Acts” of Article I entitled “Refuse,
Recyclable, and Hazardous Waste Materials” of Chapter 11 entitled “Public Works” of
the Code of Ordinances of the Town of Trophy Club, Texas is hereby repealed in its
entirety and a new Section 1.09 (F) is hereby adopted and shall be and read in its
entirety as follows:
1.09 Prohibited Acts
“F. It shall be unlawful for a person to allow or cause the dumping of any
Construction Debris or other Refuse, including without limitation that produced as
a result of major remodeling or general cleanup of property, at any location within
the Town of Trophy Club.”
SECTION 3.
CUMULATIVE; REPEALER
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. 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.
Town Council Page 90 of 129 Meeting Date: September 4, 2012
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 regulations
governing the disposition of refuse, recyclable, and hazardous waste materials 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 application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not less than One Dollar ($1.00) and not more than Two
Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each
day during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011
of the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance in accordance with the Town Charter.
Town Council Page 91 of 129 Meeting Date: September 4, 2012
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 4th day of September, 2012.
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
Town Council Page 92 of 129 Meeting Date: September 4, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-405-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/29/2012 Town Council
On agenda:Final action:9/4/2012
Title:Consider and take appropriate action regarding a Resolution of the Town Council of the Town of
Trophy Club accepting an Annual Service and Assessment Plan Update for Authorized Services for
the Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club); setting a
date for a public hearing; authorizing the publication of notice and directing the mailing of notices as
required by law; enacting other provisions relating thereto; and providing an effective date.
Attachments:TAX WORKSHEET FY 2013.pdf
RES 2012-22.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club accepting
an Annual Service and Assessment Plan Update for Authorized Services for the Town of Trophy Club Public
Improvement District No. 1 (The Highlands at Trophy Club); setting a date for a public hearing; authorizing the publication
of notice and directing the mailing of notices as required by law; enacting other provisions relating thereto; and providing
an effective date.
EXPLANATION:
The Annual Service and Assessment Plan Update for Authorized Services is one of two Service and Assessment Plans
that the Council will review and approve for the 2012-2013 fiscal year. The Plan referenced in the Resolution is the plan
for emergency services, referred to in the document as “Authorized Services.” Authorized Services is defined as services
including, without limitation, fire suppression and control, inspection services, arson investigations, hazardous material
response, search and rescue, emergency recovery and extraction, pre-hospital medical stabilization or transportation of
persons who are sick, injured, wounded, or otherwise incapacitated or helpless including basic life support ambulance
services, advanced life support ambulance services, air ambulance services, and quick-response unit services provided
by the Town.
The Annual Service and Assessment Plan for Authorized Services ("SAP") will be sent to the Council under separate
cover. The PID Administrator is finalizing the documents, and when the Town receives a final draft, it will be forwarded to
Council. The action on the Resolution for the September 4, 2012 agenda is not approval of the Service and Assessment
Plan, but is the acceptance of the draft plan and the Assessment Roll and is the first step in the process to approve the
Plan and levy the assessment for Authorized Services.
State law requires several steps prior to the levy of an assessment for services on PID property owners. The proposed
Resolution sets forth the actions necessary for compliance with the PID Act prior to the levy of the assessment to pay for
Authorized Services provided to PID residents. Council must:
1. Set a date for a public hearing on the Annual Service and Assessment Plan Update (Authorized Services);
2. Direct Staff to publish notice of the public hearing to levy the assessment in the newspaper and to mail a copy of the
public hearing notice to PID property owners at least 11 days before the public hearing. (The notice is set to publish
in the Trophy Club Times Register on September 12, 2012 and the notices will be mailed to property owners on
September 5, 2012.); and
3. Direct the filing of the assessment roll with the Town Secretary who will make the document available for public
inspection.
Consideration and action on the SAP is scheduled for September 24, 2012 so there will be additional time for review,
comments, and questions by Council prior to any requirement for action to be taken. After the public hearing on
Town Council Page 93 of 129 Meeting Date: September 4, 2012
File #: 2012-405-T, Version: 1
September 24, 2012, Council will hear and make a determination regarding any objections to the Plan and the
Assessment Roll and then take action to levy the assessments.
In order to comply with state law requirements, Council must approve the proposed Resolution. Approval of the
Resolution is not approval of the Service and Assessment Plan.
TOWN COUNCIL GOAL(S):
Goal #1: Safe and secure community.
Maintain low crime rate
Increase citizen awareness and involvement in crime prevention
Provide superior Emergency Services
Improve data security
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommends approval.
Town Council Page 94 of 129 Meeting Date: September 4, 2012
1
TAX WORKSHEET
TAXABLE VALUES AND ESTIMATED REVENUES FROM AD VOLOREM TAX
NET TAX VALUE
TARRANT COUNTY:276,634,946
DENTON COUNTY:733,315,607
DENTON CO. PID:242,388,092
REQUIRED
REVENUE FY 2012 TAX RATE REVENUE FY 2013
SCENARIO 1
TAX RATE REVENUE
FIRE TAX:0.10925 1,103,371 0.104 1,050,349
FIRE PID:0.10925 264,809 0.104 252,084
1,298,453 FIRE TOTAL:1,368,180 TOTAL:1,302,432
Town Council Page 95 of 129 Meeting Date: September 4, 2012
TOWN OF TROPHY CLUB
RESOLUTION NO. 2012-22
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS ACCEPTING AN ANNUAL SERVICE AND
ASSESSMENT PLAN UPDATE FOR AUTHORIZED SERVICES FOR
THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT
NO. 1 (THE HIGHLANDS AT TROPHY CLUB); SETTING A DATE FOR
A PUBLIC HEARING; AUTHORIZING THE PUBLICATION OF NOTICE
AND DIRECTING THE MAILING OF NOTICES AS REQUIRED BY LAW;
ENACTING OTHER PROVISIONS RELATING THERETO; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 16, 2007, the Town received a petition meeting the
requirements of Sec. 372.005 of the Public Improvement District Assessment Act (the
“Act”) requesting the creation of a public improvement district over a portion of the area
of the Town to be known as The Town of Trophy Club Public Improvement District No.
1(the “District”); and
WHEREAS, the petition contained the signatures of the owners of taxable
property representing more than fifty percent of the appraised value of taxable real
property liable for assessment within the District, as determined by the then current ad
valorem tax rolls of the Denton Central Appraisal District and the signatures of property
owners who own taxable real property that constitutes more than fifty percent of the
area of all taxable property that is liable for assessment by the District; and
WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town (the
“Town Council”) held the public hearing in the manner required by law on the
advisability of the Improvement Projects and services described in the petition as
required by Sec. 372.009 of the PID Act and made the findings required by Sec.
372.009(b) of the PID Act and, by Resolution No. 2008-08, adopted by a majority of the
members of the Town Council, authorized the District in accordance with its finding as
to the advisability of certain public improvement projects and services; and
WHEREAS, on May 18, 2007, the Town published notice of its authorization of
the District in the Trophy Club Times, a newspaper of general circulation in the Town;
and
WHEREAS, no written protests of the District from any owners of record of
property within the District were filed with the Town Secretary within 20 days after
May 18, 2007; and
WHEREAS, on May 21, 2007, the Council adopted a resolution (the “Cost
Resolution”) determining the total costs of the District improvements, directing the filing
of a proposed assessment roll, and directing related action; and
Town Council Page 96 of 129 Meeting Date: September 4, 2012
WHEREAS, pursuant to Sections 372.013 and 372.014 of the PID Act, the Town
Council has directed the preparation of a Service and Assessment Plan Update for
Authorized Services for the District (the “Plan”), such Plan is attached hereto as
Exhibit B, covers a period of at least five years, and defines the annual indebtedness
and the projected costs of the Authorized Services, as identified and defined in the Plan;
and
WHEREAS, the Plan Update includes an assessment plan that apportions the
cost of the Authorized Services to be assessed against property in the District and such
apportionment is made on the basis of special benefits accruing to the property because
of the Authorized Services; and
WHEREAS, after determining the total cost of the Authorized Services, the Town
Council directed the preparation of an Assessment Roll that states the assessment
against each parcel of land in the District and such Assessment Roll is attached to and
a part of the Plan; and
WHEREAS, the Town Council notes that the Plan and Assessment Roll may be
amended with such changes as the Town Council deems appropriate before such Plan
and Assessment Roll are adopted as final by the Town Council; and
WHEREAS, the Town has determined to call a public hearing regarding the levy
of assessments pursuant to the Plan and the Assessment Roll pursuant to
Section 372.016 of the Act; and
WHEREAS, the Town desires to publish notice of a public hearing to adopt the
Plan and Assessment Roll in order to provide notice to all interested parties of the
Town’s proposed levy of assessments against property in the District, pursuant to
Section 372.016 of the Act; and
WHEREAS, the Town desires to file the Annual Service Plan Update and
Assessment Roll with the Town Secretary such that they are available for public
inspection pursuant to Section 372.016 of the Act; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. Findings
. The findings and determinations set forth in the preambles
hereto are hereby incorporated by reference for all purposes.
Section 2. Calling Public Hearing. The Town Council hereby calls a public
hearing (the “Public Hearing”) for 7:00 p.m. on September 24th, 2012 at the regular
meeting place of the Town Council of the Town of Trophy Club, Texas, Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, to consider approving the Updated
Plan, with such changes and amendments as the Town Council deems necessary, and
the Assessment Roll with such amendments to the assessments on any parcel as the
Town Council Page 97 of 129 Meeting Date: September 4, 2012
Town Council deems necessary. After all objections made at such hearing have been
heard, the Town Council may (i) levy the assessments as special assessments against
each parcel of property in the District as set forth in the proposed Updated Plan and
Assessment Roll; (ii) specify the method of payment of the assessment, and (iii) provide
that assessments be paid in periodic installments. Notice of the hearing setting out the
matters required by Section 372.016 of the Act shall be given by publication at least
eleven (11) days before the date of the hearing, in a newspaper of general circulation in
the Town. Notice of such hearing shall also be given by the mailing of a copy of the
notice containing the information required by Section 372.016(b) of the Act at least
eleven (11) days prior to the hearing to the current address of each owner of property
liable for an assessment in the proposed Assessment Roll as reflected on the tax rolls
of the Denton Central Appraisal District. All residents and property owners within the
District, and all other persons, are hereby invited to appear in person, or by their
attorney, and contend for or contest the Plan and the Assessment Roll, and the
proposed assessments and offer testimony pertinent to any issue presented on the
amount of the assessments, purpose of the assessments, special benefit of the
assessments, and the costs of collection and the penalties and interest on delinquent
assessments. At or on the adjournment of the hearing conducted pursuant to
Section 372.016 on the proposed assessments, the Town Council must hear and pass
on any objection to a proposed assessment. The Town Council may amend a proposed
assessment on any parcel. The failure of a property owner to receive notice does not
invalidate the proceeding.
Section 3. Publication and Mailing of Notice.
The Town Council hereby directs
Town Staff to cause the publication of notice of the Public Hearing substantially in the
form attached as Exhibit A; such publication to occur at least eleven (11) days before
the date of the hearing. Further, the Town Council hereby directs Town Staff to give
Notice of Hearing by the mailing of a copy of the notice at least eleven (11) days prior to
the hearing to the current address of each owner of property liable for an assessment in
the proposed Assessment Roll as reflected on the tax rolls of the Denton Central
Appraisal District.
Section 4. Conduct of Public Hearing.
The Town Council shall convene at the
location and at the time specified in the notice described above for the public hearing
and shall conduct the public hearing in connection with its approval of the Plan and the
Assessment Roll and the levy of the proposed assessments, including costs of
collection and penalties and interest on delinquent assessments. At such public hearing,
the Town Council will hear and pass on any objections to the Plan and the Assessment
Roll and the levy of the proposed assessments (which objections may be written or
oral). At or on the adjournment of the hearing, Council may amend a proposed
assessment on any parcel. After all objections, if any, have been heard and passed
upon, the Town may (i) levy the assessments as special assessments against each
parcel of property in the District as set forth in the Plan and Assessment Roll, (ii) specify
the method of payment of the assessment, and (iii) provide that the assessments be
paid in periodic installments.
Town Council Page 98 of 129 Meeting Date: September 4, 2012
Section 5. Filing of Plan and Assessment Roll
. The Plan and Assessment Roll
shall be filed in the office of the Town Secretary and be made available to any member
of the public who wishes to inspect the same.
Section 6. Effective Date.
This Resolution shall become effective upon its
passage in accordance with law.
PASSED AND APPROVED this 4TH day of September, 2012.
________________________________
Mayor Connie White
Town of Trophy Club, Texas
ATTEST:
________________________________
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
________________________________
Patricia Adams, Town Attorney
Town of Trophy Club, Texas
Town Council Page 99 of 129 Meeting Date: September 4, 2012
EXHIBIT “A”
TOWN OF TROPHY CLUB
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the Town
Council of the Town of Trophy Club, Texas on the 24th day of September, 2012 at 7:00
p.m. at the Svore Municipal Building at 100 Municipal Drive, Trophy Club, Denton
County, Texas 76262. The public hearing will be held to consider proposed
assessments to be levied against the assessable property within THE TOWN OF
TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (the “District”) pursuant to
the provisions of Chapter 372 of the Texas Local Government Code, as amended.
The general nature of the improvements is emergency services (the “Authorized
Services”), including, without limitation, fire suppression and control, inspection
services, arson investigations, hazardous material response, search and rescue,
emergency recovery and extraction, pre-hospital medical stabilization or transportation
of persons who are sick, injured, wounded, or otherwise incapacitated or helpless
including basic life support ambulance services, advanced life support ambulance
services, air ambulance services, and quick-response unit services provided by the
Town.
The total annual cost of the Authorized Services is approximately $250,421.22.
The boundaries of the District are described as follows:
The District includes approximately 609.683 acres located within the
corporate limits of the Town of Trophy Club, Denton County, Texas. The
District is generally located to the north of Oakmont Drive, Oak Hill Drive
and the Quorum Condominiums, east of the Lakes Subdivision and
Parkview Drive, south of the Corp of Engineers Property and west of the
Town’s eastern town limits. The District is more particularly described by
metes and bounds and such description is available for inspection at Town
Hall, 100 Municipal Drive, Trophy Club, Texas 76262.
All written or oral objections will be considered at the public hearing.
A copy of the Service and Assessment Plan for Authorized Services and proposed
Assessment Roll, which includes the assessments to be levied against each parcel in
the District, is available for public inspection at the office of the Town Secretary, Town of
Trophy Club, at 100 Municipal Drive, Trophy Club, Texas 76262.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE TOWN, this _____day of
September, 2012.
Shannon DePrater, Town Secretary
/s/ Shannon DePrater___________
Town of Trophy Club, Texas
Town Council Page 100 of 129 Meeting Date: September 4, 2012
EXHIBIT “B”
ANNUAL SERVICE AND ASSESSMENT PLAN UPDATE FOR AUTHORIZED
SERVICES FOR THE DISTRICT
Town Council Page 101 of 129 Meeting Date: September 4, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-402-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/29/2012 Town Council
On agenda:Final action:9/4/2012
Title:Consider and take appropriate action regarding the approval of a joint election agreement and
contract for election services with Denton County; and authorizing the Mayor or her designee to
execute all necessary documents.
Attachments:Joint Contract with Denton County for Nov Election.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the approval of a joint election agreement and contract for election
services with Denton County; and authorizing the Mayor or her designee to execute all necessary documents.
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
Support citizen volunteer opportunities
Promote recreational / active lifestyle opportunities for all ages
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommeds approval.
Town Council Page 102 of 129 Meeting Date: September 4, 2012
THE STATE OF TEXAS
COUNTY OF DENTON
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and
the following political subdivisions located entirely or partially inside the boundaries of Denton County:
City of Aubrey
City of Dallas
City of Denton
City of Frisco
City of Justin
Town of Prosper
City of Sanger
Town of Trophy Club
Northwest Independent School District
Belmont Fresh Water Supply District No. 1
Belmont Fresh Water Supply District No. 2
Canyon Falls MUD 1
Canyon Falls WCID 2
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code
Section 11.0581 for a joint November 6, 2012 election to be administered by Frank Phillips, Denton County Elections
Administrator, hereinafter referred to as “Elections Administrator.”
RECITALS
Each participating authority listed above plans to hold a Special Election on November 6, 2012.
Denton County plans to hold county-wide voting for a General Election.
The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1),
which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and
is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section
61.012. The contracting political subdivisions desire to use the County’s electronic voting system, to compensate the
County for such use, and to share in certain other expenses connected with joint elections, in accordance with the
applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS
AGREED as follows:
I. ADMINISTRATION
The parties agree to hold a “Joint Election” with Denton County and each other in accordance with Chapter 271 of
the Texas Election Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise,
and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority
agrees to pay the Denton County Elections Administrator for equipment, supplies, services, and administrative costs as
provided in this agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint
Election; however, each participating authority shall remain responsible for the decisions and actions of its officers
necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection
with decisions to be made and actions to be taken by the officers of each participating authority as necessary.
It is understood that other political subdivisions may wish to participate in the use of the County’s electronic
voting system and polling places, and it is agreed that the Elections Administrator may enter into other joint election
agreements and contracts for election services for those purposes, on terms and conditions generally similar to those set
forth in this contract. In such cases, costs shall be pro-rated among the participants according to Section XI of this
contract.
Town Council Page 103 of 129 Meeting Date: September 4, 2012
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no
instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the
voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not
overlap.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of all required
election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the
participating authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be
responsible for the preparation and publication of all electronic voting equipment testing notices that are required by the
Texas Election Code. Election orders should include language that would not necessitate amending the order if any of
the Early Voting and/or Election Day polling places change.
Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each
participating authority, including translation to languages other than English. Each participating authority shall provide a
copy of their respective election orders and notices to the Denton County Elections Administrator.
The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United
States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting
Rights Act of 1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of
the joint submission and any correspondence from the Department of Justice.
The joint submission prepared by the Elections Administrator will not include submission of information for any
special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to
prepare their own submissions to the United States Department of Justice for special election procedures, or any changes
that are specific to their own political subdivision.
By signing this agreement, each participating authority certifies that it has no unresolved preclearance or
voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint
election.
The Elections Administrator will file an amended submission to the United States Department of Justice in the
event that any polling places are changed after the original submission is filed, including changes resulting from the
withdrawal of one or more participating authorities pursuant to Section XII of this contract.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting
locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections
conducted by the county, and shall be compliant with the accessibility requirements established by Election Code Section
43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this
agreement. In the event a voting location is not available or appropriate, the Elections Administrator will arrange for use
of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall notify
the participating authorities of any changes from the locations listed in Attachment A.
If polling places for the November 6, 2012 joint election are different from the polling place(s) used by a
participating authority in its most recent election, the authority agrees to post a notice no later than November 6, 2012 at
the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the
political subdivision’s polling place names and addresses in effect for the November 6, 2012 election. This notice shall be
written in both the English and Spanish languages.
Town Council Page 104 of 129 Meeting Date: September 4, 2012
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each
polling location. The Elections Administrator shall make emergency appointments of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling
place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of
1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2000 Census
shall have one or more election officials who are fluent in both the English and Spanish languages. If a presiding judge is
not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for
the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating
authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation
services at that polling place.
The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of
Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for
the Joint Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The
Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election
supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his
appointment, the time and location of training and distribution of election supplies, and the number of election clerks that
the presiding judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant
to Texas Election Code Section 32.091. The election judge, or his designee, will receive an additional sum of $25.00 for
picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting
station after the polls close.
Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated
at the rate of $7 an hour.
The Elections Administrator may employ other personnel necessary for the proper administration of the election,
including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during
early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time
personnel working in support of the Early Voting Ballot Board and/or central counting station on election night will be
compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and
127.006.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited
to, the County’s electronic voting system and equipment, official ballots, sample ballots, voter registration lists, and all
forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator
shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those
polling places that do not have tables and/or chairs. The Elections Administrator shall be responsible for conducting all
required testing of the electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance
shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is
ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.
The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other
information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a
proper election.
Town Council Page 105 of 129 Meeting Date: September 4, 2012
Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions
showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official
ballot (including titles and text in each language in which the authority’s ballot is to be printed). Each participating
authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority’s candidates
and/or propositions. Each participating authority shall be responsible for proofing and approving the audio recording of
the ballot insofar as it pertains to that authority’s candidates and/or propositions.
The joint election ballots that contain ballot content for more than one joint participant because of overlapping
territory shall be arranged with the appropriate school district ballot content appearing on the ballot first, followed by the
appropriate city ballot content, followed by the appropriate water district ballot content, followed by the county’s general
election.
Early Voting by Personal Appearance shall be conducted exclusively on Denton County’s eSlate electronic voting
system. On Election Day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper
ballot that is scanned at the polling place using Denton County’s eScan voting system, unless the size of the ballot forces
it to two pages, then they will only have use of the eSlate electronic voting system .
The number of paper ballots printed for Election Day voting shall be, at a minimum, equal to the same Election
Day turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per
polling place or precinct adjusted upward to end in a number divisible by 50.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment
for the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on the relevant employees upon hiring as
required by Election Code 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the
Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating
authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The
participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to
assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be
compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy
early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating
authority shall serve in that capacity without additional compensation.
Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this
document. Any qualified voter of the Joint Election may vote early by personal appearance at any one of the joint early
voting locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by
mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted
by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections
Administrator for processing. The address of the Early Voting Clerk is as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
PO Box 1720
Denton, TX 76202
The Elections Administrator shall provide each participating authority a copy of the early voting report on a daily
basis and a cumulative final early voting report following the election. In accordance with Section 87.121(g) of the
Election Code, the daily reports showing the previous day’s early voting activity will be distributed to each participating
Town Council Page 106 of 129 Meeting Date: September 4, 2012
authority no later than 9:00 AM each business day. This will be accomplished by Denton County posting the daily reports
on its website.
VII. EARLY VOTING BALLOT BOARD
Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint
Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional
members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to
efficiently process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central counting station to
receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this
agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas
Election Code, appoint the following central counting station officials:
Counting Station Manager: Frank Phillips, Denton County Elections Administrator
Tabulation Supervisor: Eric Leija, Denton County Technical Operations Manager
Presiding Judge: Jason Barnett, Denton County Deputy Elections Administrator
Alternate Judge: Paula Paschal, Denton County Contract Manager
The counting station manager or his representative shall deliver timely cumulative reports of the election results
as precincts report to the central counting station and are tabulated. The manager shall be responsible for releasing
unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general
public by distribution of hard copies at the central counting station and by posting to the Denton County web site. To
ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County’s voting
equipment will not be released to the participating authorities at the remote collection sites or by phone from individual
polling locations.
The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and
will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been
tabulated. Each participating authority shall be responsible for the official canvass of its respective election(s), and shall
notify the Elections Administrator, or his designee, of the date of the canvass, no later than three days after Election Day.
The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the
Secretary of State as required by Section 67.017 of the Election Code. Each participating authority agrees to upload
these reports unless requested otherwise.
The Elections Administrator shall be responsible for conducting the post-election manual recount required by
Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies
of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY
The Elections Administrator shall administer only the Denton County portion of the elections held by the
participating authorities.
Town Council Page 107 of 129 Meeting Date: September 4, 2012
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement through its runoff
election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless
the participating authority notifies the Elections Administrator in writing within 3 business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election
Day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the
original election and the runoff election shall be submitted by the authority making the change to the United States
Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended.
Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the
November 6, 2012 election and to conduct its drawing for ballot positions at or immediately following such meeting in
order to expedite preparations for its runoff election.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if
necessary, shall be Saturday, December 8, 2011.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of polling places with Denton County. If a polling location is
shared by more than one participating authority, the costs shall be pro-rated equally among the participants utilizing that
polling place.
Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with
each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs
associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular
(non-temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site.
Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each
participating authority’s voters.
Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal
to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code.
The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate
fund(s) within the county treasury in accordance with Election Code Section 31.100.
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint
Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority as well as to the public in
accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election
records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county
records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Town Council Page 108 of 129 Meeting Date: September 4, 2012
Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of
the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or
open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment,
whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed
with the participating authority.
XIV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the
presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the
Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating
authority’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as
Recount Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority as necessary to
conduct a proper recount.
XV. MISCELLANEOUS PROVISIONS
1. It is understood that to the extent space is available, other districts and political subdivisions may wish to
participate in the use of the County’s election equipment and voting places, and it is agreed that the
Elections Administrator may contract with such other districts or political subdivisions for such purposes
and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the
participating authorities.
2. The Elections Administrator shall file copies of this document with the Denton County Judge and the
Denton County Auditor in accordance with Section 31.099 of the Texas Election Code.
3. Nothing in this contract prevents any party from taking appropriate legal action against any other party
and/or other election personnel for a breach of this contract or a violation of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Denton County, Texas.
5. In the event that one of more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local
governments, and any other entities with local jurisdiction.
7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be
construed as a waiver of any subsequent breach.
8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto.
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement is listed below.
Each participating authority agrees to pay the Denton County Elections Administrator a deposit of approximately 90% of
this estimated obligation no later than 15 days after the agreement is executed. The exact amount of each participating
Town Council Page 109 of 129 Meeting Date: September 4, 2012
authority’s obligation under the terms of this agreement shall be calculated after the November 6, 2012 election (or runoff
election, if applicable), and if the amount of an authority’s total obligation exceeds the amount deposited, the authority
shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the
Elections Administrator. However, if the amount of the authority’s total obligation is less than the amount deposited, the
Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are
calculated.
The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall
be as follows:
Estimated Deposit
Political Subdivision Cost Due
City of Aubrey
City of Dallas
City of Denton
Town of Double Oak
City of Frisco
City of Justin
Town of Prosper
City of Sanger
Town of Trophy Club
Belmont FWSD 1
Belmont FWSD 2
Canyon Falls MUD 1
Canyon Falls WCID 2
Rev. 08.28.2012 3:20 pm
Town Council Page 110 of 129 Meeting Date: September 4, 2012
XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL
IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to-wit:
(1) It has on the _____ day of ___________, 2012 been executed by the Denton County Elections Administrator
pursuant to the Texas Election Code so authorizing;
(2) It has on the 4th day of September, 2012 been executed on behalf of the Town of Trophy Club pursuant to an
action of the Town Council of the Town of Trophy Club so authorizing;
ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR:
APPROVED:
___________________________________________
FRANK PHILLIPS
ACCEPTED AND AGREED TO BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB:
APPROVED: ATTESTED:
_____________________________________________ _______________________________________
Connie White, Mayor Shannon DePrater, Town Secretary
Town of Trophy Club Town of Trophy Club
Town Council Page 111 of 129 Meeting Date: September 4, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-412-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/29/2012 Town Council
On agenda:Final action:9/4/2012
Title:Consider and take appropriate action regarding a request from the Trophy Club Women's Club for the
designation of a small landscaped area within Independence Park West as a Veteran’s Memorial
Garden to honor U.S. Veterans.
Attachments:Veterans Memorial.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding a request from the Trophy Club Women's Club for the designation of a
small landscaped area within Independence Park West as a Veteran’s Memorial Garden to honor U.S. Veterans.
EXPLANATION:
Annually the Trophy Club Women’s Garden Club partners with the Town in contributing both their time and monies in
creating or improving various projects on public property (Fire Station, Trophy Gardens and flag pole banners to name a
few). This year they have requested to use a small area within Independence Park West to begin a phased process of
creating a memorial honoring U.S. Veterans. They are seeking approval to move forward on this concept and are
prepared to purchase a flag pole and flags to begin this process.
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Enhance citizen volunteer opportunities
Expand and promote recreational / active live style opportunities for all ages
Forge collaborative relationships with other governmental and public entities
Goal #4: Picturesque and Environmentally Sound
Maintain neat and tidy appearance
Improve property maintenance standards and code enforcement
Develop / Enhance environmental and sustainability standards and programs
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Staff recommends moving forward with this process as we have worked with organizations in the past (Beck Elementary
and Boy Scouts) to make improvements in this area, We believe it supports the patriotic spirit demonstrated in the Town
and this project presents the opportunity for additional partnerships with other like-minded patriotic organizations.
Town Council Page 112 of 129 Meeting Date: September 4, 2012
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-403-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/29/2012 Town Council
On agenda:Final action:9/4/2012
Title:Consider and take appropriate action regarding the Texas Municipal League Intergovernmental Risk
Pool Board of Trustees Election.
Attachments:Risk Pool Ballot.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Texas Municipal League Intergovernmental Risk Pool Board of
Trustees Election.
EXPLANATION:
This is an annual event. TML IRP conducts their Board of Trustee election at large (no state districts). Places 11 - 14 are
being contested and all member cities/towns are asked to cast one ballot. Several phone calls and emails have been
received requesting Town Council support of all four incumbents. The TML IRP Executive Director retired a few months
ago, and the current Board of Trustees suggest that the incumbents provide a much more stable environment during the
Executive Director transition.
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
Support citizen volunteer opportunities
Promote recreational / active lifestyle opportunities for all ages
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Recommend election of all incumbents of Places 11 -14.
Town Council Page 117 of 129 Meeting Date: September 4, 2012
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-407-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/29/2012 Town Council
On agenda:Final action:9/4/2012
Title:Town Council Liaison Updates; discussion of same:
- August 21, 2012 - Parks and Recreation Board Meeting; Council member Schroeder
- August 22, 2012 - Economic Development Corporation 4B Meeting; Mayor Pro Tem Strother
- August 27, 2012 - Charter Review Commission Meeting; Council member Tiffany
Attachments:
Action ByDate Action ResultVer.
TITLE
Town Council Liaison Updates; discussion of same:
- August 21, 2012 - Parks and Recreation Board Meeting; Council member Schroeder
- August 22, 2012 - Economic Development Corporation 4B Meeting; Mayor Pro Tem Strother
- August 27, 2012 - Charter Review Commission Meeting; Council member Tiffany
Town Council Page 125 of 129 Meeting Date: September 4, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-408-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/29/2012 Town Council
On agenda:Final action:9/4/2012
Title:Town Manager Slye's update regarding the following; discussion of same.
- West Nile Virus
- Vision/Branding/Logo
- November Election Canvassing - Wednesday, November 14, 2012
- Transportation
Attachments:
Action ByDate Action ResultVer.
TITLE
Town Manager Slye's update regarding the following; discussion of same.
- West Nile Virus
- Vision/Branding/Logo
- November Election Canvassing - Wednesday, November 14, 2012
- Transportation
Town Council Page 126 of 129 Meeting Date: September 4, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-409-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/29/2012 Town Council
On agenda:Final action:9/4/2012
Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
Attachments:
Action ByDate Action ResultVer.
TITLE
Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of
same.
Town Council Page 127 of 129 Meeting Date: September 4, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-410-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:8/29/2012 Town Council
On agenda:Final action:9/4/2012
Title:Items for Future Agendas.
Attachments:Future Agenda Items List.pdf
Action ByDate Action ResultVer.
TITLE
Items for Future Agendas.
Town Council Page 128 of 129 Meeting Date: September 4, 2012
Town of Trophy Club Town Council Future Agenda Items List
1. Consider and take appropriate action regarding procurement policies and their
alignment with State statutes. (Rose, 2/1/10)
2. Consider and take appropriate action regarding noise regulations for Oil and Gas
Well Drilling and Production (Rose, 4/26/10)
3. Staff proposal regarding the amenity lakes, including associated costs to accept
the amenity lakes from the developer. (Stotts, 10/4/10)
4. Consider and take appropriate action regarding the creation of a “Going Green”
initiative throughout the Town. (White, 2/24/2011)
5. Consider and take appropriate action regarding updates to the Sign Ordinance
(retail windows and political signs) (White and Cantrell, 5/2/2011)
6. Consider and take appropriate action regarding ball park signage. (Cantrell,
6/6/2011)
7. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany,
6/6/2011)
8. Consider and take appropriate action regarding splash pad options at Harmony
Park, including input/direction from Council to Staff to start construction and have
available next summer. (Strother, 8/1/2011)
9. Consider and take appropriate action regarding the possibility of erecting a
marquee at the North entrance of the Town and asking the MUD and/or developers
to help with the funding. (Cantrell, 11/14/2011)
10. Consider and take appropriate action regarding Food Prep Carts for sporting
events and special events and to review/update Park Policies (Cantrell, 5/7/2012)
11. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01
“Nuisances Defined” (Schroeder, 6/21/2012)
12. Consider and take appropriate action regarding a Joint Use Agreement with
Northwest Independent School District for resident use of the Byron Nelson High
School Library. (White, 7/16/2012)
13. Consider and take appropriate action regarding America Supporting Americans.
(Mayer, 8/20/2012)
14. Consider and take appropriate action regarding the creation of a Youth Council
within Trophy Club (White and Schroeder, 8/20/2012)
Town Council Page 129 of 129 Meeting Date: September 4, 2012