Agenda Packet TC 05/10/2016
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Town CouncilPage 3 of 78Meeting Date: May 10, 2016
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Town CouncilPage 4 of 78Meeting Date: May 10, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-254-T Version:1 Name:
Type:Agenda Item Status:Executive Session
File created:4/29/2016 In control:Town Council
On agenda:5/10/2016 Final action:
Title:Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter
551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the
following:
A.Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment,
evaluation, reassignment, duties, discipline or dismissal of a public officer or employee.
Town Attorney Patricia Adams:
a)Finalize Review
b)Separation Agreement
B.Section 551.071 Consultation with Attorney under Subsection (1) when the governmental
body seeks the advice of its attorney about pending or contemplated litigation and Subsection (2) for
consultation with its attorney on a matter in which the duty of the attorney to the Governmental Body
under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the
Open Meetings Act (551.071(1) and (2)).
Legal advice regarding fire and emergency medical services, Interlocal Agreements with the Trophy
Club Municipal Utility District No. 1 for Fire Department Services and related matters.
Attachments:
DateVer.Action ByActionResult
PursuanttothefollowingdesignatedsectionsoftheTexasGovernmentCode,Annotated,Chapter551(TexasOpen
Meetings Act), the Council will convene into executive session to discuss the following:
A.Section551.074PersonnelMatterstodiscussordeliberatetheappointment,employment,evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee.
Town Attorney Patricia Adams:
a)Finalize Review
b)Separation Agreement
B.Section551.071ConsultationwithAttorneyunderSubsection(1)whenthegovernmentalbodyseekstheadvice
ofitsattorneyaboutpendingorcontemplatedlitigationandSubsection(2)forconsultationwithitsattorneyona
matterinwhichthedutyoftheattorneytotheGovernmentalBodyundertheDisciplinaryRulesofProfessional
Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071(1) and (2)).
Legaladviceregardingfireandemergencymedicalservices,InterlocalAgreementswiththeTrophyClubMunicipal
Utility District No. 1 for Fire Department Services and related matters.
Town CouncilPage 5 of 78Meeting Date: May 10, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-255-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:4/29/2016 In control:Town Council
On agenda:5/10/2016 Final action:
Title:Consider and take appropriate action regarding the Executive Session.
Attachments:
DateVer.Action ByActionResult
Consider and take appropriate action regarding the Executive Session.
Town CouncilPage 6 of 78Meeting Date: May 10, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-240-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:4/29/2016 In control:Town Council
On agenda:5/10/2016 Final action:
Title:Town Manager Seidel's update regarding the following; discussion and provide input regarding same
(Staff).
*Back to Nature and Family Camp Out
*Town Hall Groundbreaking
*Highway 114 Sound Wall
Attachments:
DateVer.Action ByActionResult
Town Manager Seidel's update regarding the following; discussion and provide input regarding same (Staff).
*Back to Nature and Family Camp Out
*Town Hall Groundbreaking
*Highway 114 Sound Wall
Town CouncilPage 7 of 78Meeting Date: May 10, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-242-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:4/29/2016 In control:Town Council
On agenda:5/10/2016 Final action:
Title:Consider and take appropriate action regarding the Minutes dated April 12, 2016 (Staff).
Attachments:Draft TC Minutes April 12, 2016.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the Minutes dated April 12, 2016 (Staff).
Town CouncilPage 8 of 78Meeting Date: May 10, 2016
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, April 12, 2016 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, April 12, 2016. The
meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders Mayor
Greg Lamont Mayor Pro Tem, Place 5
Jim Parrow Council Member, Place 1
Garrett Reed Council Member, Place 2
Rhylan Rowe Council Member, Place 3
Tim Kurtz Council Member, Place 4
Philip Shoffner Council Member, Place 6
STAFF AND GUEST(S) PRESENT:
Stephen Seidel Town Manager
Patricia Adams Town Attorney
Steven Glickman Assistant Town Manager/CFO
Holly Fimbres Town Secretary/RMO
Adam Adams Parks and Recreation Director
Patrick Arata Police Chief
Pat Cooke Development Services Manager
April Reiling PIO/Marketing Manager
Tom Rutledge Town Engineer
Mayor Sanders announced the date of Tuesday, April 12, 2016, called the Town Council to order and announced a
quorum at 7:00 p.m.
The Invocation was offered by Parks and Recreation Director Adams.
The Pledges were led by Mayor Pro Tem Lamont.
(Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations;
Announcements and Reports; Consent Agenda; Item No. 9; Item No. 10; Item No. 11; Item No. 12; Item No. 13;
Item No. 15; Item No. 16; Item No. 14; Item No. 17; Item No. 18; Item No. 19; Item No. 20; Item No. 21; Executive
Session; and Item No. 23)
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda.
The Council is not permitted to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to
the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the
topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority.
Town CouncilPage 9 of 78Meeting Date: May 10, 2016
Neil Twomey, 203 Oakmont Drive, addressed the Council regarding a request from Bill Rose for the Town to join a
Rate Order appeal filed with the Texas Public Utility Commission (PUC) that was discussed at the October 13, 2015,
Council meeting. He requested that the Council reject Mr. Rose’s request because he believed that it lacked merit
and could be financially detrimental to the Town residents.
Susan Edstrom, 269 Oak Hill Drive, spoke about the withdrawal of application from Keep Trophy Club Wild (KTCW)
for the Community Garden that was proposed to be near the dog park. She believed that some of the items that
were requested of KTCW would have been difficult to accomplish. She was disappointed that KTCW was seeking
another location outside the Town and she desired that they be contacted to remain in Town because the garden
would be of benefit to the Town residents.
ANNOUNCEMENTS AND REPORTS
1. Town Manager Seidel's update regarding the following; discussion and provide input regarding same (Staff).
*May 24, 2016 Council meeting
*Mosquito Management Kickoff
*Early Voting Dates
*Events Update
Town Manager Seidel updated the Council and addressed questions; no action was taken on this item.
2. Town Council Liaison Updates; discussion of same (Staff).
*Economic Development Corporation 4B, April 4, 2016
Council Liaison - Council Member Rhylan Rowe
Town Manager Seidel updated the Council and addressed questions; no action was taken on this item.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
3. Consider and take appropriate action regarding the Minutes dated March 8, 2016 (Staff). (Town Secretary
Note: Approved as presented in the Town Council agenda packet)
4. Consider and take appropriate action regarding an Interlocal Joint Election Agreement between the Town
and the Tarrant County Elections Administrator for administration of the Town’s May 7, 2016 General and
Special Election; authorizing the payment of fees; and authorizing the Mayor or his designee to execute all
necessary documents (Staff).
5. Consider and take appropriate action regarding the Second Quarter Investment Report for Fiscal Year 2016
(Staff).
6. Consider and take appropriate action regarding a Resolution with Texas CLASS Investment Pool allowing the
Town to invest its funds with Texas CLASS; and providing an effective date (Staff).
7. Consider and take appropriate action regarding a Proclamation proclaiming May 7, 2016 as Arbor Day in
Trophy Club; and providing an effective date (Staff).
8. Consider and take appropriate action regarding an Ordinance amending the Town of Trophy Club Code of
Ordinances by adding Supplement No. 1 to the existing Code of Ordinances; providing a penalty ranging
from $1.00 to $2,000.00 for each offence and a separate offense shall be deemed committed each day
during or on which a violation occurs or continues; and providing an effective date (Staff).
Town Council Minutes April 12, 2016 Page 2 of 10
Town CouncilPage 10 of 78Meeting Date: May 10, 2016
Motion:
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Reed, to approve the Consent Agenda
Items 3 through 8.
Motion passed unanimously.
REGULAR SESSION
9. Consider and take appropriate action regarding a Proclamation proclaiming April 2016 as National Child
Abuse Prevention Month in Trophy Club; and providing an effective date (Staff).
Council Member Parrow read the proclamation into the record.
Motion:
Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve Proclamation No.
2016-04, proclaiming April 2016 as National Child Abuse Prevention Month in Trophy Club; and providing an
effective date of April 12, 2016.
Motion passed unanimously.
Ida Cover, Board Member with Children’s Advocacy Center for Denton County (CACDC), advised that CACDC’s
mission is to provide justice and healing for abused children through interagency collaboration and community
education. Additionally, she provided statistics regarding child abuse and thanked the Mayor, Council, Police
Chief, and Police Department for their ongoing support.
10. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-26 to make an
appointment to the Planning and Zoning Commission to fill the remainder of an unexpired term, reaffirming
existing appointments, and providing an effective date (Staff).
Motion:
Motion made by Council Member Rowe, seconded by Council Member Kurtz, to approve Resolution No. 2016-09,
repealing Resolution No. 2015-26 and appointing Michael Pipkins to fill the remainder of an unexpired term on the
Planning and Zoning Commission, reaffirming existing appointments, and providing an effective date of April 12,
2016.
Motion passed unanimously.
Michael Pipkins was present to address any questions.
11. Consider and take appropriate action regarding an Ordinance providing for the Issuance of Town of Trophy
Club, Texas, General Obligation Bonds, Series 2016 in the approximate aggregate principal amount of
$5,400,000; awarding the sale thereof; levying a tax in payment thereof; awarding the sale of the Bonds;
authorizing the execution and delivery of a Paying Agent/Registrar Agreement approving the Official
Statement; and enacting provisions incident and relating to the subject and purposes of the Ordinance
(Staff).
Motion:
Motion made by Council Member Reed, seconded by Council Member Parrow, to approve Ordinance No. 2016-14,
providing for the Issuance of Town of Trophy Club, Texas, General Obligation Bonds, Series 2016 in the
approximate aggregate principal amount of $5,400,000; awarding the sale thereof; levying a tax in payment
thereof; awarding the sale of the Bonds; authorizing the execution and delivery of a Paying Agent/Registrar
Agreement approving the Official Statement; and enacting provisions incident and relating to the subject and
purposes of the Ordinance, as presented at the dais.
Andrew Friedman, Managing Director with SAMCO Capital Markets, provided an update for Agenda Item No. 11
and Agenda Item No. 12 and advised that they received bids today for the Bonds and Certificates of Obligation. He
announced that the lowest bid for the Bonds was submitted by Raymond James and Associates in Dallas with a
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Town CouncilPage 11 of 78Meeting Date: May 10, 2016
true interest cost of 2.14 percent, and the lowest bid for the Certificates of Obligation was submitted by Raymond
James and Associates in Dallas with a true interest cost of 2.18 percent.
Town Manager Seidel announced that the issuance for the Bonds and Certificates of Obligation will save the Town
over $1 million in costs that the Town had anticipated paying for the issuance of debt.
Mayor Sanders thanked Mr. Friedman, Bond Counsel Julie Partain, with Bracewell, LLP, and Financial Advisor Mark
McLiney, with SAMCO Capital Markets, for their success in saving additional funds for the Town.
The vote was taken.
Motion passed unanimously.
12. Consider and take appropriate action regarding an Ordinance authorizing the Issuance of Town of Trophy
Club, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2016 in the approximate
aggregate principal amount of $4,400,000; levying a tax, and providing for the security for and payment of
said Certificates; awarding the sale of the Certificates; authorizing the execution and delivery of a Paying
Agent Agreement; approving the Official Statement; enacting other provisions relating to the subject; and
declaring an effective date (Staff).
Motion:
Motion made by Council Member Reed, seconded by Council Member Shoffner, to approve Ordinance No. 2016-
15, authorizing the Issuance of Town of Trophy Club, Texas, Combination Tax and Revenue Certificates of
Obligation, Series 2016 in the approximate aggregate principal amount of $4,400,000; levying a tax, and providing
for the security for and payment of said Certificates; awarding the sale of the Certificates; authorizing the
execution and delivery of a Paying Agent Agreement; approving the Official Statement; enacting other provisions
relating to the subject; and declaring an effective date, as presented at the dais.
Motion passed unanimously.
13. Consider and take appropriate action regarding design elements of Trophy Club Town Hall; discussion of
same (Staff).
Tom Batenhorst, Principal with GSBS, provided the Trophy Club Town Hall update regarding recommendations for
interior finishes and brick options.
Nick Palluth, Associate with GSBS, stated that the Mayor and Staff helped reduce the selections and that the Police
Department will incorporate blue into some of their interior finishes and that on the Town Hall side neutrals will be
incorporated into the interior finishes, including in the Council Chambers and Rotunda area.
Mayor Sanders advised that this item was geared to be an update, specific to options that have been selected.
Council Member Rowe requested to have dark grout where tile would be placed.
Mayor Sanders received consensus from the Council to move forward with Option B from the brick samples that
reflected a dark and light brick combination.
14. Consider and take appropriate action regarding the award or rejection of bids for soccer field improvement
at Lakeview Elementary School; authorizing the Mayor or his designee to execute all necessary documents
(Staff).
Town Engineer Rutledge stated that the Town received four bids for the project with the lowest bid from
Greenscaping. He advised that prices are continuing to increase each week and a solution to reduce the price to
the original 2014 estimate amount of $200,000 was to reduce the amount of top soil being applied by one-half of
an inch. He stated that an issue with Lakeview is the poor condition of the existing soil and the almost complete
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Town CouncilPage 12 of 78Meeting Date: May 10, 2016
absence of any organic material within the ground.
Discussion took place regarding the Additive Alternate Bid items specific to the second irrigation system, which
would allow for a separate tap, and the temporary construction fencing, which would assist in establishing the sod
by keeping the public off the fields. Additional discussion ensued specific to Lakeview being heavily used each
week and the impact that playing soccer has on the fields.
Council Member Rowe reiterated the importance of mastering the art of maintaining soil quality.
Motion:
Motion made by Mayor Sanders, seconded by Council Member Shoffner, to award the bid to Greenscaping for
soccer field improvement at Lakeview Elementary School; authorizing the Mayor or his designee to execute all
necessary documents, including Additive Alternate Bid B-2, 4” Topsoil (Soil Bldg. Systems “Organic Growers Mix”)
bringing the total to $262,187.70.
Mayor Sanders was concerned about going over budget but he did not want to diminish the long term soil quality
of the fields. He was in favor of approaching Northwest Independent School District for possibly reimbursing the
Town turf or water.
Council Member Shoffner believed that it was important to create a program to establish mechanisms to protect
and maintain the Town’s fields.
Council Member Rowe spoke against the motion and was in favor of proceeding with the base bid to coincide with
the 2014 budgeted amount of $200,000.
Kevin Callahan, 309 Lakewood Drive, stated that he has been coaching for over a year and that the fields are in
shortage, which causes them to hold games on the same fields that they practice on. He believed that the fields
should be of the best quality in order to make them last.
The vote was taken.
Motion carried 5-2-0 with Mayor Sanders, Mayor Pro Tem Lamont, and Council Members Parrow, Kurtz and
Shoffner voting for, and Council Members Reed and Rowe voting against.
RECESSED AT 9:18 P.M. FOR A BREAK
RECONVENED AT 9:27 P.M. INTO REGULAR SESSION
15. Consider and take appropriate action regarding holding an educational seminar on coyote awareness;
receive an update from Susan Edstrom and the ACO; discussion of same (G. Reed).
Susan Edstrom, Chair of the Animal Shelter Advisory Board, provided an update regarding anti-tethering and
chickens. She requested that the Town amend the ordinance to be stricter than State law and require that the
owner must be present if a dog is tethered. She asked that the Town adopt an adoption fee and that electronic
access for the dog park be considered for fiscal year 2017. She advised that a Coyote Awareness Forum will be
hosted by 911 Wildlife LLC, and she requested to hold the forum in the Council Chambers in order for it to be
videotaped. Additionally, she provided statistics for the Animal Control/Police Department Intakes during the first
quarter of 2016.
No action was taken on this item.
Town Council Minutes April 12, 2016 Page 5 of 10
Town CouncilPage 13 of 78Meeting Date: May 10, 2016
16. Consider and provide direction to Town Staff regarding proposed amendments to the Animal Control
Ordinance for keeping of fowl, tethering of dogs, and related matters (Staff).
Mayor Pro Tem Lamont and Council Member Shoffner were in favor of Option No. 2 to prohibit fowl.
Council Member Rowe was not in favor of either option and he preferred to utilize the nuisance ordinance that is
already in place to prevent nuisances from being introduced.
Mayor Sanders was in favor of Option No. 1 to allow fowl with limitations and implement the nuisance ordinance if
adjacent neighbors were to complain. Council Member Reed was in favor of Option No. 1 to allow fowl but to
enforce a one strike policy if a complaint was received. Council Member Kurtz was in favor of Option No. 1 to
allow fowl as long as it does not affect the quality of life of a neighbor.
Council Member Shoffner was in favor of implementing the nuisance ordinance but pointed out that it would be
difficult to enforce certain regulations such as smell because one individual’s opinion differs from others.
Mrs. Edstrom stated that the frustration is that there are not enough guidelines within the nuisance ordinance to
enforce it. Her recommendation was to enforce clipping the chickens’ wings through Option No. 1.
Mayor Sanders received consensus from the Council to procedure with preparing an Ordinance with Option 1 to
allow fowl with restrictions.
Mayor Pro Tem Lamont was in favor of anti-tethering.
Discussion took place that pet owners should not be penalized for having their dog with them in the front yard and
the owner temporarily leaving them outside while taking a phone call or bathroom break.
Town Attorney Adams advised that an at-large animal would be an animal that is not secured on a leash so that
the animal will remain upon the premise. She suggested possibly implementing a time mechanism that an animal
could be left unattended.
Mayor Sanders suggested that Mrs. Edstrom work with Staff to come up with solutions to deal with tethering.
Mayor Sanders received consensus from the Council to place the Fowl ordinance on the April 26, 2016, Council
agenda and allow the tethering option to be brought back before Council at a later meeting.
17. Consider and take appropriate action regarding Harmony Park parking lot and Independence Park West
parking lot adjacent to the Veterans Memorial; receive a presentation from Teague Nall & Perkins;
discussion of same (Staff).
Town Engineer Rutledge presented the parking lot improvements at the Veteran’s Memorial and Harmony Park
update. He displayed the proposed Veterans Memorial parking lot that had 32 parking spaces and 7 golf cart
parking spaces with an estimated construction cost of approximately $202,000. He explained that bringing the
parking lot sidewalk to the Veterans sidewalk would not meet the requirements of the Americans with Disabilities
Act because the slope is steeper than what is allowed.
Council Member Shoffner believed that additional parking spaces should be added because that area of Town is
under parked. He suggested that the golf cart parking be placed in the grass area closer to the park; shift the
parking lot closer to the Memorial to get more space; shrink the center area; and have direct access to the
Memorial. Mayor Sanders and Council Members Reed and Rowe were in favor of Council Member Shoffner’s
suggestions.
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Town CouncilPage 14 of 78Meeting Date: May 10, 2016
Mayor Sanders received consensus from the Council to make the parking lot larger and have the golf cart
parking separate.
Town Engineer Rutledge discussed possibly using smart lighting, where the lights brighten when there is activity
present. He proceeded with displaying the proposed Harmony Park parking lot that had 26 parking spaces and 7
golf cart parking spaces.
Mayor Sanders recommended installing some trees to create a buffer for the resident to the north and the future
residents to the south of the parking lot.
Council Member Reed suggested increasing the amount of parking spaces by moving the golf cart parking by the
blue pavilion and by the basketball courts, with either two or three spaces per location.
Council Member Shoffner recommended putting the golf cart parking in the grassy area behind or near where the
storage sheds are located now.
Mayor Sanders received consensus from the Council to increase the number of parking spaces by moving the
golf cart parking.
18. Receive an update from Town Staff regarding Capital Projects that were discussed at the Council Retreat in
January 2016; discussion of same (Staff).
Assistant Town Manager/CFO Glickman provided an update regarding the Capital Projects that were discussed at
the Council Retreat, which were listed in order of the perceived importance and the fiscal year that they would be
performed in. Additionally, he briefly went over the unfunded projects.
Council Member Rowe recommended moving the adding of the aerating fountain on amenity Pond No. 2 to the
unfunded projects with pier on Pond No. 2; moving up the replacement of chain-link fence at Harmony Park with
wrought iron and add wrought iron fence along the creek line at Lake View Park; and moving up adding a shade
structure to the Indy Park West playground and on the splash pad decking at the Aquatics facility.
Discussion took place that the sand volleyball was moved to grass and will be performed through the Town’s
operating budget.
Council Member Shoffner suggested moving up the installing of four scoreboards at Indy Park West for baseball.
No action was taken on this item.
19. Consider and take appropriate action regarding the acceptance of the Popular Annual Financial Report
(PAFR) (Staff).
Motion:
Motion made by Mayor Sanders, seconded by Council Member Shoffner, to accept the Popular Annual Financial
Report (PAFR).
Assistant Town Manager/CFO Glickman thanked PIO/Marketing Manager April Reiling, Town Controller Amber
Karkauskas, Chief Financial Analyst April Ezell, and Strategic Services Coordinator John Zagurski for their assistance
preparing the PAFR, which is mailed to residents.
Council Member Shoffner recommended adding “Did you know” sections.
Mayor Sanders suggested including a message from the Town Manager that lists Town accomplishments.
Town Council Minutes April 12, 2016 Page 7 of 10
Town CouncilPage 15 of 78Meeting Date: May 10, 2016
The vote was taken.
Motion passed unanimously.
20. Consider and take appropriate action regarding an Ordinance of the Town amending Subsection (23) of
Section 1.08.061, “Park property generally; prohibited acts” of Division 3, “Park Regulations”, of Article
1.08, “Parks and Recreation” of Chapter 1, “General Provisions” of the Town of Trophy Club Code of
Ordinances to allow a change in park hours; providing a penalty not to exceed the sum of five hundred
dollars ($500.00) for each offense; and providing an effective date (N. Sanders and G. Reed).
Discussion took place that lit areas close at 10 p.m. and unlit areas close at dusk, and that the lights are on timers
and are not allowed to be turned on after 10 p.m. Additional discussion ensued regarding Trophy Club Park being
open from dawn to dusk and that it is not within corporate Town limits and is except from the normal park closure
times.
Parks and Recreation Director Adams pointed out that the basketball courts are not defined as lit areas except
from the normal park closure times.
Council Member Rowe recommended moving forward with the proposed ordinance as presented for the benefit
of clarity for the users.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Shoffner, to approve Ordinance No. 2016-
16, amending Subsection (23) of Section 1.08.061, “Park property generally; prohibited acts” of Division 3, “Park
Regulations”, of Article 1.08, “Parks and Recreation” of Chapter 1, “General Provisions” of the Town of Trophy Club
Code of Ordinances to allow a change in park hours; providing a penalty not to exceed the sum of five hundred
dollars ($500.00) for each offense; and providing an effective date of April 12, 2016.
Motion passed unanimously.
21. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular
Session Council Agenda for April 26, 2016 meeting; and discussion of the Town Council Future Agenda Items
list (Staff).
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.
Council Member Rowe requested to add the following item to the Town Council Future Agenda Items list: Detail
review of the nuisance ordinance.
Mayor Pro Tem Lamont requested to add the following item to the Town Council Future Agenda Items list: Review
of transferring the Code Enforcement Officer and the duties of the position to the Police Department.
Council Member Parrow requested to add the following item to the Town Council Future Agenda Items list:
Discussion of adding five obelisks to the approved Veterans Memorial based on veteran input for the five branches
to be identified.
After discussion, Council agreed not to add the above item to the Town Council Future Agenda Items list
and instead have Council Member Parrow work with Staff to bring back the five obelisks as alternate bids.
Council Member Rowe requested to remove Item No. 7 from the Town Council Future Agenda Items list:
Discussion to change park hours to stay open until 10 p.m. and clearly note change on new signage. (Reed
1/12/2016) (1-April 12, 2016)
Town Council Minutes April 12, 2016 Page 8 of 10
Town CouncilPage 16 of 78Meeting Date: May 10, 2016
Discussion took place that Staff will begin working on a proposed policy regarding Item No. 5, Establish a reserve
policy for Trophy Club Park, from the Town Council Future Agenda Items list.
Town Manager Seidel advised that RFQ’s have been received and that Item No. 1, Consider and take appropriate
action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat,
from the Town Council Future Agenda Items list, will be presented to the Council in the near future.
EXECUTIVE SESSION
22. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Council will convene into executive session to discuss the following:
A) To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal
of a public officer or employee:
1. Town Secretary/RMO, Holly Fimbres
2. Town Manager, Stephen Seidel
CONVENED INTO EXECUTIVE SESSION - START TIME – 10:24 P.M.
RECONVENED INTO REGULAR SESSION - START TIME – 12:56 A.M.
RECONVENED INTO REGULAR SESSION
23. Consider and take appropriate action regarding the Executive Session.
Motion:
Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to place the following objectives
into the review for Holly Fimbres: to develop a process pertaining to notification for board applicants throughout
the application process and for public notification of board appointments after being made. Additionally, to place
the following objectives into the review for Stephen Seidel: 1) to develop a process pertaining to notification for
board applicants throughout the application process and for public notification of board appointments after being
made; 2) within 90 days provide a report to Council with a plan for organizational change or improvements as he
sees them over the next 12 months; 3) to propose a way to leverage subject matter experts on Council to mentor
staff at the Town Manager’s discretion; 4) provide a plan to Council on how the Town will manage hiring processes
such that the general population is leverage for filling positions that do not require municipal-specific certifications
or prior municipal experience.
Motion passed unanimously.
Motion:
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to authorize the Mayor to sign
amendments to the employment contracts of Stephen Seidel and Holly Fimbres adjusting their base
compensation.
Council Member Shoffner commented that he was pleased with Town Secretary Fimbres and Town Manager
Seidel. He believed that Mrs. Fimbres has accomplished what the Council has requested of her and that she works
well with the community. He stated that Mr. Seidel has brought Staff and the Organization to the next level and
that he is a huge asset to the Town with his leadership skills.
Mayor Pro Tem Lamont commented that their communication, integrity, and professionalism are above par.
The vote was taken.
Town Council Minutes April 12, 2016 Page 9 of 10
Town CouncilPage 17 of 78Meeting Date: May 10, 2016
Motion passed unanimously.
ADJOURN
Mayor Sanders adjourned the meeting at 1:02 a.m.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary/RMO C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Minutes April 12, 2016 Page 10 of 10
Town CouncilPage 18 of 78Meeting Date: May 10, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-246-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:4/29/2016 In control:Town Council
On agenda:5/10/2016 Final action:
Title:Consider and take appropriate action regarding an agreement with MVBA to provide the Town with
past-due ambulance collections for out-of-district customers; and authorizing the Mayor or his
designee to execute all necessary documents (Staff).
Attachments:Staff Report - MVBA Delinquent EMS.pdf
Business Associate Agreement.pdf
Contract for the Collection of Delinquent Accounts Receivable.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardinganagreementwithMVBAtoprovidetheTownwithpast-dueambulance
collectionsforout-of-districtcustomers;andauthorizingtheMayororhisdesigneetoexecuteallnecessarydocuments
(Staff).
Town CouncilPage 19 of 78Meeting Date: May 10, 2016
To: Mayor and Town Council
From:Steven Glickman, Assistant Town Manager/CFO
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary
Re: Agreement withMVBA
Town Council Meeting, May 10, 2016
Agenda Item:
Consider and take appropriate action regarding an agreement with MVBA to provide the Town
with past-due ambulance collections for out-of-district customers; and authorizing the Mayor
or his designee to execute all necessary documents (Staff).
Explanation:
The Town’s previous contractor for past-due ambulance collections recently went out of
business. Staff met with representatives from MVBA, who also perform the Town’s delinquent
property tax collections, in order to assess their ability to perform this task. Staff was satisfied,
based on their experience and references for this type of collection activity, that they would be
a good fit. The Town is currently not sending any past due ambulance accounts for out-of-
district customers to collections due to not having a current collection company under contract.
This agreement would allow MVBA to attempt to collect those past due accounts for out-of-
district customers thereby increasing Town revenue and reducing the amount of receivables on
the Town’s general ledger.
Attachments:
Business Associate Agreement
Contract for the Collection of Delinquent Accounts Receivable
Recommendation:
Staff recommends Council approval of the agreement with MVBA to collect past due ambulance
receivables for out-of-district.
Town CouncilPage 20 of 78Meeting Date: May 10, 2016
BUSINESS ASSOCIATEAGREEMENT
THIS Agreement is entered into on the first day of June, 2016 (the “Effective Date”)
Town of Trophy ClubMVBA, LLC dba McCREARY,
between The (“Covered Entity”) and
VESELKA, BRAGG & ALLEN, LLC
(“Business Associate”).
WHEREAS, Covered Entity is an “Entity” as that term is defined in Health Insurance
Portability and Accountability Act Privacy Regulation, (“Privacy Regulation”) will make
available to Business Associatecertain information that is confidential and must be afforded
special treatment and protection.
WHEREAS, Business Associatewill have access to and/or receive from Covered Entity certain
protected health information that can be used or disclosed only as permitted by the Health
Insurance Portability and Accountability Act of 1996, and the Rules and Regulations enacted
with respect thereto, as the same may be amended regarding privacy of individual identifiable
health information.
Definitions
Catch-all definition:
The following terms used in this Agreement shallhave the same meaning as those terms in
the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care
Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health
Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured
Protected Health Information, and Use.
Specific definitions:
(a) Business Associate. “Business Associate” shall generally have the same meaning as the
term “Business Associate” at 45 CFR 160.103, and in reference to the party to this
agreement, shall mean \[Insert Name of Business Associate\].
(b) Covered Entity. “Covered Entity” shall generally have the same meaning as the term
“Covered Entity” at 45 CFR 160.103, and in reference to the party to this agreement, shall
mean \[Insert Name of Covered Entity\].
(c) HIPAA Rules.“HIPAA Rules” shall mean the Privacy, Security, Breach Notification,
and Enforcement Rules at 45 CFR Part 160 and Part 164.
Obligations and Activities of Business Associate
Business Associateagrees to:
(a) Not use or disclose protected health information other than as permitted or required by
the Agreement or as required by law;
(b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect
to electronic protected health information, to prevent use or disclosure of protected health
information other than as provided for by the Agreement;
(c) Report to Covered Entity any use or disclosure of protected health information not
provided for by the Agreement of which it becomes aware, including breaches of unsecured
protected health information as required at 45 CFR 164.410, and any security incident of
which it becomes aware;
Town CouncilPage 21 of 78Meeting Date: May 10, 2016
(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure
thatany subcontractors that create, receive, maintain, or transmit protected health
information on behalf of the Business Associate agree to the same restrictions, conditions,
and requirements that apply to the Business Associatewith respect to such information;
(e) Make available protected health information in a designated record set to the \[Choose
either “Covered Entity” or “individual or the individual’s designee”\] as necessary to satisfy
Covered Entity’s obligations under 45 CFR 164.524;
(f) Make any amendment(s) to protected health information in a designated record set as
directed or agreed to by the Covered Entity pursuant to 45 CFR 164.526, or take other
measures as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.526;
(g) Maintain and make available the information required to provide an accounting of
disclosures to the \[Choose either “Covered Entity” or “individual”\] as necessary to satisfy
Covered Entity’s obligations under 45 CFR 164.528;
(h)To the extent the Business Associate is to carry out one or more of Covered Entity's
obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart
E that apply to the Covered Entity in the performance of such obligation(s); and
(i) Make its internal practices, books, and records available to the Secretary for purposes of
determining compliance with the HIPAA Rules.
Permitted Uses and Disclosures by Business Associate
(a)Except as otherwise limited in the Agreement, Business Associate may only use or disclose
Protected Health Information to perform functions, activities, or services for, or on behalf of,
Covered Entity, as specified in the Contract for Services between Covered Entity and
Business Associate, provided that such use or disclosure would not violate the Privacy Rule
if done by Covered Entity or the minimum necessary policies and procedures of the Covered
Entity.
(b)Business Associatemay use protected health information to de-identify the information
in accordance with 45 CFR 164.514(a)-(c).The parties also may wish to specify the
manner in which the Business Associatewill de-identify the information and the
permitted uses and disclosures by the Business Associate of the de-identified
information.\]
(c)Business Associatemay use or disclose protected health information as required by law.
(d)Business Associateagrees to make uses and disclosures and requests for protected health
informationconsistent with Covered Entity’s minimum necessary policies and procedures.
(e)Business Associate may not use or disclose protected health information in a manner that
would violate Subpart E of 45 CFR Part 164 if done by Covered Entity \[if the Agreement
permits the Business Associate to use or disclose protected health information for its own
management and administration and legal responsibilities or for data aggregation services as
set forth in optional provisions (e), (f), or (g) below, then add “, except for the specific uses
and disclosures set forth below.”\]
(f)Business Associate may use protected health information for the proper management and
administration of the Business Associate or to carry out the legal responsibilities of the
Business Associate.
Town CouncilPage 22 of 78Meeting Date: May 10, 2016
(g)Business Associate may disclose protected health information for the proper
management and administration of Business Associate or to carry out the legal
responsibilities of the Business Associate, provided the disclosures are required by law, or
Business Associate obtains reasonable assurances from the person to whom the information
is disclosed that the information will remain confidential and used or further disclosed only
as required by law or for the purposes for which it was disclosed to the person, and the
person notifies Business Associate of any instances of which it is aware in which the
confidentiality of the information has been breached.
(h)Business Associatemay provide data aggregation services relating to the health care
operations of the Covered Entity as permitted by 42 CFR § 164.504(e)(2)(1)(B).
(i)Business Associate may use the Protected Health Information to report violations of law
to appropriate Federal and State authorities, consistent with § 164.502(j)(1).
Provisions for Covered Entity to Inform Business Associateof Privacy Practices and
Restrictions
(a) Covered Entity shall notify Business Associateof any limitation(s) in the notice of
privacy practices of Covered Entity under 45 CFR 164.520, to the extent that such limitation
may affect Business Associate’s use or disclosure of protected health information.
(b) Covered Entityshall notify Business Associate of any changes in, or revocation of, the
permission by an individual to use or disclose his or her protected health information, to the
extent that such changes may affect Business Associate’s use or disclosure of protected
health information.
(c) Covered Entity shall notify Business Associate of any restriction on the use or disclosure
of protected health information that Covered Entity has agreed to or is required to abide by
under 45 CFR 164.522, to the extent that such restriction may affect Business Associate’s
use or disclosure of protected health information.
Permissible Requests by Covered Entity
Covered Entity shall not request Business Associate to use or disclose protected health
information in any manner that would not be permissible under Subpart E of 45 CFR Part
164 if done by Covered Entitywith theexception if the Business Associatewill use or
disclose protected health information for, and the agreement includes provisions for, data
aggregation and transmission services to the Texas Trauma Registry and/or the Texas
Department of Health that Business Associate performs on behalf of Covered Entity or
management and administration and legal responsibilities of the Business Associate.
Term and Termination
(a)Term. The Term of this Agreement shall be effective as of the “Effective Date” above,
and shall terminate when all of the Protected Health Information provided by Covered
Entity to Business Associate Business Associate, or created or received by Business
Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, if
it is infeasible to return or destroy Protected Health Information, protection are extended
to such information,
Town CouncilPage 23 of 78Meeting Date: May 10, 2016
(b)in accordance with the termination provisions in this Section or on the date Covered
Entity terminates for cause as authorized in paragraph (b) of this Section, whichever is
sooner.
(b) Termination for Cause. Business Associateauthorizes termination of this Agreement by
Covered Entity, if Covered Entitydetermines Business Associate has violated a material
term of the Agreement and Business Associate has not cured the breach or ended the
violation within the time specified by Covered Entity.
(c) Obligations of Business Associate Upon Termination.
Upon termination of this Agreement for any reason, Business Associate, with respect to
protected health information received from Covered Entity, or created, maintained, or
received by Business Associate on behalf of Covered Entity, shall:
1.Retain only that protected health information which is necessary for Business
Associate to continue its proper management and administration or to carry out
its legal responsibilities;
2.Return to Covered Entity \[or, if agreed to by Covered Entity, destroy\] the
remaining protected health information that the Business Associatestill
maintains in any form;
3.Continue to use appropriate safeguards and comply with Subpart C of 45 CFR
Part 164 with respect to electronic protected health information to prevent use or
disclosure of the protected health information, other than as provided for in this
Section, for as long as Business Associateretains the protected health
information;
4.Not use or disclose the protected health information retained by Business
Associate other than for the purposes for which such protected health
information was retained and subject to the same conditions set out at \[Insert
section number related to paragraphs (e) and (f) above under “Permitted Uses
and Disclosures By Business Associate”\] which applied prior to termination; and
5.Return to Covered Entity \[or, if agreed to by Covered Entity, destroy\] the
protected health information retained by Business Associate when it is no longer
needed by Business Associate for its proper management and administration or
to carryout its legal responsibilities.
Miscellaneous
(a) Regulatory References. A reference in this Agreement to a section in the HIPAA Rules
means the section as in effect or as amended.
(b) Amendment. The Parties agree to take such action as is necessary to amend this
Agreement from time to time as is necessary for compliance with the requirements of the
HIPAA Rules and any other applicable law.
(c) Survival. The obligations of Business Associate under this Section shall survive the
termination of thisAgreement.
(d)Interpretation. Any ambiguity in this Agreement shall be interpreted to permit
compliance with the HIPAA Rules.
(e) Governing Law.This Agreement shall be construed in accordancewith the laws of the
State of Texas
Town CouncilPage 24 of 78Meeting Date: May 10, 2016
Notices
All notices required or permitted under this Agreement shall be in writing and sent to the
other party as directed below or as otherwise directed by either party, from time to time, by
written notice to the other. All such notices shall be deemed validly given upon receipt of
such notice by certified mail, postage prepaid, facsimile transmission, email or personal or
courier delivery:
If to Covered Entity: Town of Trophy Club, Texas
Attention: Town Manager
100 Municipal Dr.
Trophy Club, Texas 76262-5420
Telephone No.: (682) 831-4600
Facsimile No.: (817) 491-9312
If to Business Associate: MVBA, LLC dba McCreary, Veselka, Bragg & Allen, LLC
P.O. Box 1310
Round Rock, Texas 78680
Attn: Harvey M. Allen
Telephone No. : (512) 323-3200
Facsimile No.: (512) 323-3210
IN WITNESS WHEREOF, the parties hereto have duly executed this as of the Effective Date.
TOWN OF TROPHY CLUB, TEXAS
________________________________
Mayor
MVBA, LLC dba McCREARY, VESELKA, BRAGG & ALLEN, LLC.
________________________________
Harvey M. Allen
Town CouncilPage 25 of 78Meeting Date: May 10, 2016
CONTRACT FOR THE COLLECTION
OF
DELINQUENT ACCOUNTS RECEIVABLE
§
STATE OF TEXAS
§
§
§
COUNTY OFDENTON
TOWN OFTROPHY CLUB,
THIS CONTRACT is made and entered into by and between the
TEXASCityMVBA, LLC
, acting herein by and through its governing body, hereinafter styled, "", and
dba McCREARY, VESELKA, BRAGG AND ALLEN, LLCMVBA
, hereinafter styled "".
I.
The City agrees to retainand does hereby retainMVBA to provide services related to the
collection of delinquent accounts for emergency medical services(“Delinquent Accounts Receivable”)
pursuant to the terms and conditions described herein. Legal services shall include but not be limited to
recommendations and legal advice to the City to take legal enforcement action; representing the City in
any dispute or legal challenge to authority to collect such delinquent accounts receivable; defending the
City in litigation or challenges of its collection authority; and representing the City in collection interests
in bankruptcy matters as determined by MVBA or the City. The City further authorizes MVBA to
execute all legal documents that arereasonably necessary to pursue collection of the City’s claims in
connection with the collection of delinquent accounts receivablethat are subject to this contract.This
contract supersedes all prior oral and written contractsbetween the parties regarding delinquent accounts
receivable, and can only be amendedif done so in writing and signed by all parties. Furthermore, this
contract cannot be transferred or assigned by either party without the written consent of all parties.
II.
For purposes of this contract Delinquent Accounts Receivable shall be considered delinquent and
referred to MVBA when not timely paid in accordance with any applicable contract, ordinance or statute
providing for the payment of the underlying debt.
At least once each month on a date or dates agreed upon by the parties, the City will provide
MVBA with copies of, or access to, the information and documentation necessary to collect the
Delinquent Accounts Receivable that are subject to this contract. The City shall furnish the information
to MVBA by electronic transmission,magnetic medium or copies of physical records.
Town CouncilPage 26 of 78Meeting Date: May 10, 2016
III.
MVBA shall forward to the City copies of any correspondence regarding a disputed debt
received from a debtor and the request for verification of the debt. The City will provide to MVBA
within ten (10) days of the receipt for the request for verification of the debt, copies of all records which
will verifythe debt which in turn will be forwarded to the debtor by MVBA. All collection activity will
be suspended on any disputed debt until the appropriate verification of the debt is delivered to the
debtor.
IV.
Upon consultation and agreement by both parties hereto, MVBA may institute civil legal
proceedings, including seeking writs of execution to collect Delinquent Accounts Receivable. The City
shall pay in advance of the initiation of any writ of execution or collection lawsuit any filing fees
charged by the Court or Clerk of the Court in which the writ of execution is to be issued or the collection
lawsuit is to be filed including the costs for service of citation. MVBA may also, after consultation and
agreement by both parties, file proofs of claims in the United States Bankruptcy Court on behalf of the
City.
V.
MVBA shall forward all cashier checks or money order payments made payable to the City and
any correspondence from debtor directly to the City. Cashier checks or money order payments made
payable to MVBA will be deposited daily into the MVBA Trust Account. MVBA may also collect the
amount due from the debtor by credit card or electronic draft which is deposited directly into the MVBA
Trust Account. MVBA may set up payment arrangements and accept partial payments on any
delinquent accounts receivable. MVBA shall remit to the City all payments in full received into the
MVBA Trust Account weekly,along with an invoice detailing the account number, name of debtor,
amount paid to MVBA or City, MVBA fee percentage and fees earned for each account.
VI.
MVBA shall indemnify and hold the City harmless from and against all liabilities, losses and/or
costs arising from claims for damages, or suits for losses or damages, including reasonable costs and
attorney's fees, which may arise as a result of MVBA's performance of the services described in this
Contract. The indemnity provision of this Contract shall have no application to any claim or demand
which results from the sole negligence or fault of the City, its officers, agents, employees or contractors.
And furthermore, in the event of joint and/or shared negligence or fault of the City and MVBA,
responsibility and indemnity, if any, shall be apportioned in accordance with Texas law and without
waiving any defenses of either party. The provisions of this paragraph are intended for the sole benefit
of the parties hereto and are not intended to create or grant any right, contractual or otherwise, to any
other persons or entities.
Contract for the Collection of DelinquentAccounts Receivable - Page 2 of 5
Town CouncilPage 27 of 78Meeting Date: May 10, 2016
VII.
For the collection of Delinquent Accounts Receivable in which the data files are transmitted to
MVBA by electronic media, the City agrees to pay to MVBA as compensation for services provided,
pursuant to this contract, a fee of twenty percent (20%) of the amount of the Delinquent Accounts
Receivable collected.
All compensation shall become the property of MVBA at the time of payment. The City shall
pay to MVBA said compensation on a monthly basis by check.
VIII.
The City recognizes and acknowledges that MVBA owns all right, title and interest in certain
proprietary software that MVBA may utilize in conjunction with performing the services provided in the
contract. The City agrees and herebygrants to MVBA the right to use and incorporate any information
provided by the City (“account or debtor information”) to update the databases in this proprietary
software, and, notwithstanding that the case or defendant information has been or shall be used to update
the databases in this proprietary software, further stipulates and agrees that the City shall have no rights
or ownership whatsoever in and to the software or the data contained therein, except that the City shall
be entitled to obtain a copy of such data that directly relates to the City’s accounts at any time.
MVBA agrees that it will not share or disclose any specific confidential account or debtor
information with any other company, individual, organization or agency, without the prior written
consent of the City, except as may be required by law or where such information is otherwise publicly
available. It is agreedthat MVBA shall have the right to use account or debtor information for internal
analysis, improving the proprietary software and database, and generating aggregate data and statistics
that may inherently contain account or debtor information. These aggregate statistics are ownedsolely
by MVBA and will generallybe usedinternally, but may be shared with MVBA’s affiliates, partners or
other third parties for purposes of improving MVBA’s software and services.
MVBA reserves the right to return to the City all accounts not collected within one (1) year of
referral by the City, or identified as being in bankruptcy. Upon return of these accounts, neither party
will have any obligation to the other party to this contract.
IX.
The initial term of this contract is threeyears, beginning on the firstday of June, 2016, and shall
automatically renew on the anniversary date and continue in full force and effect thereafter from year to
year for additional twelve month periods on the same terms and conditions unless either party delivers
written “Notice of Termination of Contract” to the other party of its intent to terminate this contract at
least sixty (60) days prior to each anniversary date of this contract.
Contract for the Collection of DelinquentAccounts Receivable - Page 3 of 5
Town CouncilPage 28 of 78Meeting Date: May 10, 2016
In the event that the City terminates this contract, MVBA shall be entitled to continue its
collection activity on all accounts previously referred to MVBA for six (6) months from the date of
receipt of the “Notice of Termination of Contract” and to payment of its fee, pursuant to Paragraph VII
of this contract for all amounts collected on accounts referred to MVBA. The City may, at its discretion,
refer additional accounts to MVBA after notice of termination has been received by MVBA. At the end
of the six (6) month period, all accounts shall be returned to the City by MVBA.
X.
For purposes of sending notice under the term of this contract, all notices from the City shall be sent to
MVBA by certified United States mail to the following address:
McCreary, Veselka, Bragg & Allen, LLC.
Attention: Harvey M. Allen
P.O. Box 1310
Round Rock, Texas 78680-1310
or delivered by hand or by courier, and addressed to: 700 Jeffrey Way, Suite 100, Round Rock,Texas
78664-2425. All notices to the City shall be sent be certified United States mail or delivered by hand or
courier to the following address:
Townof Trophy Club, Texas
Attention: TownManager
100 Municipal Dr.
Trophy Club, Texas 76262-5420
XI.
This contract is made and is to be interpreted under the laws of the State of Texas. Exclusive
venue for any action, lawsuit, claim, dispute or another legal proceeding concerning or arising out of this
contract shall be in Denton County, Texas.
In the event that any provision(s) of this contract shall for any reason be held invalid or
unenforceable, the invalidity or unenforceability of that provision(s) shall not affect any other
provision(s) of this contract, and it shall further be construed as if the invalid or unenforceable
provision(s) had never been a part of this contract.
Contract for the Collection of DelinquentAccounts Receivable - Page 4 of 5
Town CouncilPage 29 of 78Meeting Date: May 10, 2016
XII.
In consideration of the terms and compensation herein stated, MVBA hereby agrees toundertake
performance of said contract as set forth above.
The City has authorized by order heretofore passed and duly recorded in its minutes the chief
executive officer to execute this contract.
This contract may be executed in any number of counterparts, and each counterpart shall be
deemed an original for all purposes. Signed facsimiles shall be binding and enforceable.
WITNESS the signatures of all parties hereto this, the ____ day of ______________, A.D. 2016.
TOWN OFTROPHY CLUB,TEXAS
________________________________________,
Mayor
MVBA, LLC dba McCREARY, VESELKA, BRAGG & ALLEN, LLC
_________________________________________
Harvey M. Allen
Manager
Contract for the Collection of DelinquentAccounts Receivable - Page 5 of 5
Town CouncilPage 30 of 78Meeting Date: May 10, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-243-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:4/29/2016 In control:Town Council
On agenda:5/10/2016 Final action:
Title:Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 15
-21, 2016 as National Police Week in Trophy Club in conjunction with National Police Week, and
designating May 15, 2016, as National Peace Officers Memorial Day in Trophy Club; and providing an
effective date (Staff).
Attachments:PRO 2016-07 - National Police Week.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingaProclamationoftheTownCouncildeclaringMay15-21,2016as
NationalPoliceWeekinTrophyClubinconjunctionwithNationalPoliceWeek,anddesignatingMay15,2016,as
National Peace Officers Memorial Day in Trophy Club; and providing an effective date (Staff).
Town CouncilPage 31 of 78Meeting Date: May 10, 2016
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2016-07
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, ESTABLISHING THE WEEK OF MAY 15 – 21, 2016 AS POLICE
WEEK IN TROPHY CLUB IN CONJUNCTION WITH NATIONAL POLICE WEEK,
AND DESIGNATING MAY 15, 2016 AS NATIONAL PEACE OFFICERS
MEMORIAL DAY IN TROPHY CLUB;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there are approximately 900,000 law enforcement officers serving in
communities across the United States, including the dedicated members of theof the law
enforcement agency ofthe Town ofTrophy Club, Texas who play an essential role in safeguarding
the rights andfreedoms of the Town of Trophy Club; and
WHEREAS, there have been 15,725 assaults against law enforcement officers in 2014,
resulting in approximately 13,824 injuries;and
WHEREAS, since the first recorded death in 1791, more than 20,000 law enforcement
officers in the United States have made the ultimate sacrifice and been killed in the line of duty;
and
WHEREAS,the names of these dedicated public servants are engraved on the walls of the
National Law Enforcement Officers Memorial in Washington, D.C.;and
WHEREAS,252 new names of fallen heroes are being added to the National Law
Enforcement Officers Memorial this spring, including 123 officers killed in 2015 and 129 officers
killed in previous years; and
WHEREAS,the service and sacrifice of all officers killed in the line of duty will be honored
during the National Law Enforcement Officers Memorial Fund’s 28thAnnual Candlelight Vigil, on
the evening of May 13, 2016; and
WHEREAS, the Candlelight Vigil is part of National Police Week, which takes place this
year, May 15 - 21, 2016; and
WHEREAS,May 15, 2016 is designated as Peace Officers Memorial Day, in honor of all
fallen officers and their families and U.S. flags should be flown at half-staff; and
WHEREAS, the members of the law enforcement agency of Town ofTrophy Club, Texas
unceasingly provide a vital public service.
NOW, THEREFORE, I, MAYOR C. NICK SANDERS, IN CONJUNCTIONWITH THE
TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DOHEREBY PROCLAIM to
observe the weekof May 15 – 21, 2016 as NATIONAL POLICE WEEKin the Town of Trophy
Club, and publicly salutes the service of law enforcement officers in our community and in
communities across the nation.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this
10thday of May 2016.
_______________________________ ________________________________
Holly Fimbres, Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town CouncilPage 32 of 78Meeting Date: May 10, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-245-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:4/29/2016 In control:Town Council
On agenda:5/10/2016 Final action:
Title:Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 20,
2016 as Karen Rue Day in Trophy Club; and providing an effective date (N. Sanders).
Attachments:PRO 2016-08 - Karen Rue Day.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingaProclamationoftheTownCouncildeclaringMay20,2016asKaren
Rue Day in Trophy Club; and providing an effective date (N. Sanders).
Town CouncilPage 33 of 78Meeting Date: May 10, 2016
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2016-08
A PROCLAMATION OF THE TOWN COUNCIL OF THETOWN OFTROPHY CLUB,
TEXAS, ESTABLISHINGTHE DAY OF MAY20, 2016 AS KAREN RUEDAY IN THE
TOWN OF TROPHY CLUB;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,Karen Rue led a district-wide ‘future-ready’ philosophy shift in keeping with
Northwest ISD’s vision to be “the best and most sought-after school district where every student is
future ready: ready for college, ready for the global workplace, and ready for personal success;” and
WHEREAS,Understanding the importance of preparing today’s students for tomorrow’s
future, Dr. Rue implemented district-wide initiatives to help strengthen student engagement, deepen
student learning, and open doors for innovation, creativity, and experiential learning. This work
included a focus on defined expectations, problem-based learning, and the opening of eight in-depth
career academies and the development of the Outdoor Learning Center; and
WHEREAS,Karen guided the advancement of classrooms as digital learning environments,
including the implementation of the one-to-one digital device initiative, student technology
showcase, and student e-Portfolios; and
WHEREAS,Karenled the development of the Community-Based Accountability system, a
local standard to help assess student learning and share a more comprehensive story of the district.
Measures of success focus on four community values (Academic Preparation and College
Readiness; Personal Growth and Success; Citizenship and Community Service; and Student,
Parent, Community, and Staff Participation); and
WHEREAS,Karen provided leadership in planning for the fast-growth school district. During
her tenure, Northwest ISD experienced an increase of more than 13,000 students; and
WHEREAS,To accommodate for the rapid increase in student enrollment, she assisted in
the recommendation and passage of three bond elections ($224.5 million in 2005, $260 million in
2008, and $255 million in 2012) and the opening of 15 new schools (10 elementary schools, 2
middle schools, and Byron Nelson, James M. Steele Accelerated, and V.R. Eaton high schools); and
WHEREAS, With a focus on future-ready students, Karen Rue helped initiate a
transformational shift in education to encourage innovation, creativity, and more meaningful
assessment and accountability measures. Her efforts have included participation and leadership in
the Visioning Institute, Texas High Performance Schools Consortium, and North Texas Regional
Consortium; and
WHEREAS,Karen is an advocate for public education and the students of Northwest ISD;
andcompleted 11 years of service in Northwest ISD and 37 years of service in Public Education.
NOW, THEREFORE, I, MAYOR C. NICK SANDERS, IN CONJUNCTION WITH THE TOWN
COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM MAY 20, 2016
AS:
KAREN RUEDAY
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this
10th day of May2016.
_______________________________ ________________________________
Holly Fimbres, Town Secretary C. Nick Sanders, Mayor
Town CouncilPage 34 of 78Meeting Date: May 10, 2016
Town of Trophy Club, Texas Town of Trophy Club, Texas
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-256-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:5/3/2016 In control:Town Council
On agenda:5/10/2016 Final action:
Title:Consider and take appropriate action regarding a Resolution nominating the Primary Representative
and one Alternate Representative to the Regional Transportation Council; and providing an effective
date (Staff).
Attachments:RTC Letter for Primary and Alternate Member.pdf
Gary Fickes - Letter of Support.pdf
City of Colleyville RTC 2016 Letter.pdf
RES 2016-13 - RTC Nomination.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingaResolutionnominatingthePrimaryRepresentativeandoneAlternate
Representative to the Regional Transportation Council; and providing an effective date (Staff).
Town CouncilPage 35 of 78Meeting Date: May 10, 2016
Town CouncilPage 36 of 78Meeting Date: May 10, 2016
Town CouncilPage 37 of 78Meeting Date: May 10, 2016
Town CouncilPage 38 of 78Meeting Date: May 10, 2016
Town CouncilPage 39 of 78Meeting Date: May 10, 2016
Town CouncilPage 40 of 78Meeting Date: May 10, 2016
Town CouncilPage 41 of 78Meeting Date: May 10, 2016
Town CouncilPage 42 of 78Meeting Date: May 10, 2016
Town CouncilPage 43 of 78Meeting Date: May 10, 2016
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2016-13
A RESOLUTION OF THE TOWN COUNCIL OF THE OF THE TOWN OF
TROPHY CLUB, TEXAS, NOMINATING THEPRIMARY
REPRESENTATIVE AND ONE ALTERNATE REPRESENTATIVE TO
THE REGIONAL TRANSPORTATION COUNCIL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
the Regional Transportation Council (RTC), composedprimarilyof
local electedofficials,isthetransportationpolicybodyfortheMPO.TheRTC is
responsiblefordirectionandapprovaloftheMetropolitanTransportationPlan,the
TransportationImprovementProgram,theCongestionManagement Process, andthe
UnifiedPlanningWorkProgram,andfor satisfying andimplementingfederalandstate
lawsandregulationspertainingtotheregionaltransportationplanningprocess; and
WHEREAS,
membershipon theRegionalTransportationCounciliseitherby
directmembershiporgrouprepresentation. Each seatontheRegionalTransportation
Councilwillbeprovided a primarymember andpermittedanalternatemember; and
WHEREAS
,theCitiesofKeller,Grapevine,Southlake,Colleyville, Westlake,
TrophyClub,Roanoke,Bedford, Euless, andHurst share a seatontheRegional
TransportationCouncil; and
WHEREAS
,theRTC'sBylawsandOperatingProceduresstatethattheperson
representing a groupofseveralcitiesshallbe selected bythemayorsusing a
weightedvoteofthemaximumpopulationoremploymentof thecitiesrepresented,
andthepersonselectedshallserve a two-yeartermbeginning inJuneofeven-
numberedyearsandshallbeservingon oneofthegoverningbodiestheyrepresent.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS THAT:
Section 1.the Townof Trophy Club, Texas,hereby nominates Mike Taylor,
Mayor Pro Tem, City of Colleyville, as the Primary Representative; and hereby
nominates Steve Farco, Councilmember, City of Bedford, as the Alternate
Representativetothe Regional Transportation Council.
Section 2. That this Resolution shall take effect from and after the date of
passage.
Town CouncilPage 44 of 78Meeting Date: May 10, 2016
PASSED AND APPROVED
by the Town Council of the Town of Trophy Club,
Texas on this 10thday of May 2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres,Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
RES 2016-13 Page 2 of 2
Town CouncilPage 45 of 78Meeting Date: May 10, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-247-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:4/29/2016 In control:Town Council
On agenda:5/10/2016 Final action:
Title:Consider and take appropriate action regarding a Resolution of the Town Council nominating one (1)
person to serve as a member of the Denco 9-1-1 District Board of Managers; and providing an
effective date (Staff).
Attachments:Denco Area 9-1-1 District Board of Managers Nominations.pdf
RES 2016-12 - DENCO Area 9-1-1 Nomination.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingaResolutionoftheTownCouncilnominatingone(1)persontoserveas
a member of the Denco 9-1-1 District Board of Managers; and providing an effective date (Staff).
Town CouncilPage 46 of 78Meeting Date: May 10, 2016
Town CouncilPage 47 of 78Meeting Date: May 10, 2016
Town CouncilPage 48 of 78Meeting Date: May 10, 2016
Town CouncilPage 49 of 78Meeting Date: May 10, 2016
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2016-12
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, NOMINATINGONE MEMBER TO THE
BOARD OF MANAGERS OF THE DENCO AREA 9-1-1DISTRICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
Chapter772, Health and Safety Code, provides that two voting
members of the Board of Managers of an Emergency Communications District shall be
appointed jointly by all cities and towns lying wholly or partly within theDistrict.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
That the Town of Trophy Club, Texas, hereby nominatesJim Carter
Section 1.
as a candidate for appointment to the Board of Managers ofthe Denco Area 9-1-1
District.
That this resolution shall become effective immediately upon its
Section 2.
passage and approval.
PASSED AND APPROVED
by the Town Council of the Town of Trophy Club,
Texas, this 10thday of May 2016.
___________________________________
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
_________________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town CouncilPage 50 of 78Meeting Date: May 10, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-249-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:4/29/2016 In control:Town Council
On agenda:5/10/2016 Final action:
Title:Consider and take appropriate action regarding an Ordinance repealing Section 1.02.001 entitled,
“Signature Authority of Mayor and Town Manager” of Division 1, entitled “Generally” of Article 1.02
entitled “Administration” of Chapter 1 entitled, “General Provisions” of the Town of Trophy Club Code
of Ordinances and adopting a new Section 1.02.001 entitled “Signature Authority of Mayor and Town
Manager” and providing an effective date (Staff).
Attachments:Staff Report - Signature Authority of the Mayor and Town Manager.pdf
ORD 2016-18 - Mayor and Manager Signature Authority.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardinganOrdinancerepealingSection1.02.001entitled,“SignatureAuthorityof
MayorandTownManager”ofDivision1,entitled“Generally”ofArticle1.02entitled“Administration”ofChapter1entitled,
“GeneralProvisions”oftheTownofTrophyClubCodeofOrdinancesandadoptinganewSection1.02.001entitled
“Signature Authority of Mayor and Town Manager” and providing an effective date (Staff).
Town CouncilPage 51 of 78Meeting Date: May 10, 2016
To: Mayor and Town Council
From:Steven Glickman, Assistant Town Manager/CFO
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary
Re: Signature authority of the Mayor and Town Manager
Town Council Meeting, May 10, 2016
Agenda Item:
Consider and take appropriate action regarding an Ordinance repealing Section 1.02.001
entitled, “Signature Authority of Mayor and Town Manager” of Division 1, entitled “Generally”
of Article 1.02 entitled “Administration” of Chapter 1 entitled, “General Provisions” of the Town
of Trophy Club Code of Ordinances and adopting a new Section 1.02.001 entitled “Signature
Authority of Mayor and Town Manager” and providing an effective date (Staff).
Explanation:
The Town amended its purchasing manual to be consistent with state law on December 16,
2013. Finance staff was unaware that a separate ordinance also governed the signature
authority of the Mayor and Town Manger. This ordinance amendment will make the signature
authority that of the Town’s manual – which allows the Town Manager or designee the ability
to enter into contracts for goods or services up to $50,000 (was previously $25,000) and
cooperative purchasing vendor purchases in excess of $50,000 (was previously $25,000).
Additionally, staff requests changing the amount of change orders that can be approved by the
Town Manager or designee to the lesser of $50,000 or 25% of the original contract price in
accordance with state law (from the lesser of $15,000 or 25% of the contract price). This
change would be reflected in the Town’s new purchasing manual that is currently being written.
Attachments:
Ordinance No. 2016-18
Recommendation:
Staff recommends Council approval of the amended ordinance as presented.
Town CouncilPage 52 of 78Meeting Date: May 10, 2016
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2016-18
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALINGSECTION 1.02.001 ENTITLED, “SIGNATURE AUTHORITY
OF MAYOR AND TOWN MANAGER” OF DIVISION 1, ENTITLED
“GENERALLY” OF ARTICLE 1.02 ENTITLED “ADMINISTRATION” OF
CHAPTER 1 ENTITLED, “GENERAL PROVISIONS” OF THE TOWN OF
TROPHY CLUB CODE OF ORDINANCES AND ADOPTING A NEW
SECTION 1.02.001 ENTITLED “SIGNATURE AUTHORITY OF MAYOR
AND TOWN MANAGER”; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A
SAVINGS AND REPEALERCLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
,the Town is a home rule municipality organized under the
Constitution and the laws of theState of Texas; and
WHEREAS
, Section 3.06of Article III of the Town’s Home Rule Charter provides
that the Mayor shall sign, after authorizationby the Council, all contracts, conveyances
made or entered into by the Town, all bonds, warrants and any other obligations issued
under the provisionsof the Charter, in the manner prescribed in the ordinance
authorizing the signing of any such obligation;and
WHEREAS
, Section 4.05 of the Town’s Home Rule Charter sets forth specific
duties of the Town Manager which include the duty to implement the final budget
approved by the Council in order to achieve the goals of the Town and to perform other
duties as prescribed by Council via ordinance; and
WHEREAS,
the Town Council has adopted procurement policies allowing the
Town Manager oversight of procurement for the Town; and
WHEREAS
,in order to facilitate the efficient operation of the Town and the
implementation of the final budget, it is necessary to authorize the Town Manager to
execute certain documents; and
WHEREAS
, the Town Council has determined that pursuant to the Charter, the
Mayor and the Town Manager should be authorized to execute documents in
accordance with the guidelines set forth below; and
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Town CouncilPage 53 of 78Meeting Date: May 10, 2016
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01.
Section 1.02.001 entitled “Signature Authority of Mayor and Town Manager” is
hereby repealed and a new of Section 1.02.001 entitled “Signature Authority of Mayor
and Town Manager” Division 1 entitled “Generally” of Article 1.02 entitled
“Administration” of Chapter 1 entitled “GeneralProvisions” of the Town of Trophy Club
Code of Ordinances is hereby adopted, so that Section 1.02.001, “Signature Authority of
Mayor and Town Manager” shall be and read in its entirety as follows:
CHAPTER 1 GENERAL PROVISIONS
…
Article 1.02 Administration
…
Division 1. Generally
…
“1.02.001Signature Authority of Mayor and Town Manager.
A. Mayor.
The Mayor of the Town of Trophy Club or designee
(hereinafter “Mayor”) is hereby authorized to execute all documents
as authorized by the Town’s Home RuleCharterand/or as otherwise
expressly authorized by official action of the Town Council.
B. Town Manager
.The following contracts may be entered into and
executed on behalf of the Townby the TownManager or designee
(hereinafter “Town Manager”)without further Council authorization:
1.Contracts for the purchase of goods or servicesequal to or less
than fiftythousand dollars($50,000.00)for which funds have
been budgetedor anticipatedin the fiscal year during which
payment is due;
2.Contracts for the purchase of goods or services in excess of fifty
thousand dollars ($50,000.00) for which funds have been
budgeted in the fiscal year during which payment is due and
which are purchased from acooperative purchasing vendor
approved by Resolution in accordance with the Town’s
Procurement Policies and Procedures;
ORD 2016-18Page 2 of 4
Town CouncilPage 54 of 78Meeting Date: May 10, 2016
3.Contracts for goods or services which do not require an
expenditure of funds and which are determined necessary for the
efficient operation of the Town and the implementation of the
final budget;
4.Contracts for the use of Town owned facilities;
5.Change Orders for the lesser of an amount of Fifty Thousand
Dollars ($50,000.00) or Twenty-Five Percent (25%) of the
original contract price;
6.Settlement Agreementsafter approval by Town Council;
7.Contracts for purchases made pursuant to the Emergency
Management Policy and Procedure for the Town of Trophy Club
in effect at the time of the purchase; and
8.Contracts for which the Town Council has otherwise expressly
provided authorization for execution by the Town Manager."
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town
affecting signature authorityand shall not repeal any of the provisions of such
ordinances except in those instances where provisions of those ordinances are in direct
conflict with the provisions of this Ordinance; whether such ordinances are codified or
uncodified, and all other provisions of the Ordinances of the Town of Trophy Club,
codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain
in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or its application to any person or circumstance is held invalidor
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance; and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
ORD 2016-18Page 3 of 4
Town CouncilPage 55 of 78Meeting Date: May 10, 2016
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter and by filing this
Ordinance in the Ordinance records of the Town.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and
publication as required by law.
PASSED AND APPROVED
by the Town Council of the Town of Trophy Club,
Texas,this 10thday of May2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
ORD 2016-18Page 4 of 4
Town CouncilPage 56 of 78Meeting Date: May 10, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-260-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:5/4/2016 In control:Town Council
On agenda:5/10/2016 Final action:
Title:Consider and take appropriate action regarding Harmony Park parking lot and Independence Park
West parking lot adjacent to the Veterans Memorial; receive a presentation from Teague Nall &
Perkins; discussion of same (Staff).
Attachments:
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingHarmonyParkparkinglotandIndependenceParkWestparkinglot
adjacent to the Veterans Memorial; receive a presentation from Teague Nall & Perkins; discussion of same (Staff).
Town CouncilPage 57 of 78Meeting Date: May 10, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-250-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:4/29/2016 In control:Town Council
On agenda:5/10/2016 Final action:
Title:Consider and take appropriate action regarding the award and/or rejection of bids for construction of
the new Trophy Club Town Hall facility; and authorizing the Town Manager or his designee to execute
all necessary documents (Staff).
Attachments:Staff Report - Town Hall Bids.pdf
DateVer.Action ByActionResult
Considerandtakeappropriateactionregardingtheawardand/orrejectionofbidsforconstructionofthenewTrophyClub
Town Hall facility; and authorizing the Town Manager or his designee to execute all necessary documents (Staff).
Town CouncilPage 58 of 78Meeting Date: May 10, 2016
To: Mayor and Town Council
From:Stephen Seidel, Town Manager
CC: Stephen Glickman, Assistant Town Manager/CFO
Holly Fimbres, Town Secretary/RMO
Re: Trophy Club Town Hall Bids
Town Council Meeting, May 10, 2016
Agenda Item:
Consider and take appropriate action regarding the award and/or rejection of bids for
construction of the new Trophy Club Town Hall facility; and authorizing the Town Manager or
his designee to execute all necessary documents (Staff).
Explanation:
The Town received bids on Tuesday, May 3rd for the construction of Trophy Club Town Hall.
Staff and consultants are still reviewing bids at the time of agenda posting, and will continue to
revise and refine. However, below is a brief synopsis of where we are to date:
Most recent estimate (Construction & A/V): $8,307,168
Base Bids (Construction & A/V): $8,133,720
Under Budget: $173,448
Under Budget + Owner’s Contingency: $338,228 (Does not include Contractor’s $164,780
Contingency)
We are researching a few value engineering items that may further reduce costs/increase
savings. Steele Freeman was very pleased with the number of bids and quality of
contractors/subs. GSBS and Steel Freeman will be present to answer questions.
Attachments:
Documents will be provided at the meeting
Recommendation:
Staff recommends coordinating with GSBS and Steele Freeman to appropriately accept bids for
base construction and review and act on alternates.
Town CouncilPage 59 of 78Meeting Date: May 10, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-248-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:4/29/2016 In control:Town Council
On agenda:5/10/2016 Final action:
Title:Consider and take appropriate action regarding proposed Town Council meeting dates in July 2016;
discussion of same (Staff).
Attachments:Staff Report - July Council Meetings.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingproposedTownCouncilmeetingdatesinJuly2016;discussionofsame
(Staff).
Town CouncilPage 60 of 78Meeting Date: May 10, 2016
To: Mayor and Town Council
From:Steven Glickman, Assistant Town Manager/CFO
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary
Re: July 2016 Town Council Meetings
Town Council Meeting, May 10, 2016
Agenda Item:
Consider and take appropriate action regarding proposed Town Council meeting dates in July
2016; discussion of same (Staff).
Explanation:
Current dates of Town Council meetings scheduled in July are Tuesday, July 12th, and Tuesday
July, 26th. In some years, July has been a month were only one Council meeting has been held.
The purpose of this agenda item is for Council to take action to have one or two Council
meetings in July and if one meeting is chosen, the date of that meeting.
Recommendation:
Staff proposes one July Council meeting on either July 12th or July 26th.
Town CouncilPage 61 of 78Meeting Date: May 10, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-261-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:5/4/2016 In control:Town Council
On agenda:5/10/2016 Final action:
Title:Consider and take appropriate action regarding a Second Amendment to the existing Interlocal
Cooperation Agreement between the Town and Trophy Club Municipal Utility District No. 1 for Fire
Protection Services; and authorizing the Mayor or his designee to execute all necessary documents
(Staff).
Attachments:Staff Report - Second Amendment for Fire Protection Services.pdf
Second Amendment ILA for Fire Protection Services.pdf
Letter Agreement - Fire PID Assessment Modifiction - Fully Executed.pdf
DateVer.Action ByActionResult
ConsiderandtakeappropriateactionregardingaSecondAmendmenttotheexistingInterlocalCooperationAgreement
betweentheTownandTrophyClubMunicipalUtilityDistrictNo.1forFireProtectionServices;andauthorizingtheMayor
or his designee to execute all necessary documents (Staff).
Town CouncilPage 62 of 78Meeting Date: May 10, 2016
To: Mayor and Town Council
From:Stephen Seidel, Town Manager
CC: Stephen Glickman, Assistant Town Manager/CFO
Holly Fimbres, Town Secretary/RMO
Re: Second Amendment for Fire Protection Services – PID Assessment
Town Council Meeting, May 10, 2016
Agenda Item:
Consider and take appropriate action regarding a Second Amendment to the existing Interlocal
Cooperation Agreement between the Town and Trophy Club Municipal Utility District No. 1 for Fire
Protection Services; and authorizing the Mayor or his designee to execute all necessary documents
(Staff).
Explanation:
In order to better facilitate the funding and payment of the PID Assessment for fire protection
services, Town and MUD staff have agreed to and propose the following changes:
C. Payment: The Town shall pay to District funds assessed and collected from Trophy Club Improvement District No. 1
residents on January 31, 2016, March 31, 2016, June 30, 2016, and September 30, 2016 and on January 31, March 31,
June 30, and September 30 for each successive year in which the Fire Protection ILA is in effect. The Town shall retain
all penalties and interest collected with delinquent payments. Payments will become past due fifteen (15) business
days after the established due date.
D.The District understands that the Town utilizes Denton County for the collection of both taxes and assessments
levied by the Town upon its residents, and that Denton County utilizes tax and assessment collection processes as
authorized by state law in order to collect such amounts levied by the Town. The District also understands that similar
to all tax collection processes, 100% of amounts due under the Fire Protection ILA may not be collected. Thus, the
District agrees that the Town is not liable for the payment of funds assessed but not collected and remitted to the
Town.
E. The Town shall be responsible to pay and remit for Out of District/Out of PID properties identified as the former gas
well pad sites, Coleman, Welsh, and Venable properties. The Town's obligation for payment shall terminate should Out
of District/Out of PID properties be annexed into the District or should those properties be developed by current or
future owners.
Attachments:
Second Amendment Interlocal Cooperation Agreement for Fire Protection Services
Letter Agreement between Town Manager and MUD Manager
Recommendation:
Staff recommends approval.
Town CouncilPage 63 of 78Meeting Date: May 10, 2016
THE STATE OF TEXAS)
COUNTY OF DENTON)
COUNTY OF TARRANT)
SECOND AMENDEDINTERLOCAL COOPERATION AGREEMENT
FORFIRE PROTECTION SERVICES
THIS INTERLOCAL COOPERATION AGREEMENT FOR FIRE PROTECTION
SERVICES (hereinafter “Agreement”) is made and entered into this ____ day of
Trophy Club Municipal Utility District No. 1,
_________, 2016, by and between a
districtcreated pursuant to Section 59, Article XVI, Texas Constitution and the Texas
DistrictTown of Trophy
Water Code, Chapter 54 (hereinafter referred to as “”) and the
Club, Town
a Home Rule Municipality, (hereinafter referred to as “”).
W I T N E S S E T H :
WHEREAS
,Districtisaduly organized political subdivision of the State of
Texas engaged in the administration of fire protection and related services for the
benefit of those persons residing, traveling within, or being physically located within the
boundaries of District further without limitation, the incorporated and unincorporated
limits of the Town of Trophy Club, Texas; and
WHEREAS
,District is theowner and operator of certain vehicles and/or other
equipment designed to engage in fire-fighting activitiesperformed by trained personnel
whose duties are related to the provision of such services and the operation of
necessary vehicles and equipment (hereinafter collectively referred to as “Fire
Functions”); and
WHEREAS
, the provisionof Fire Functions is a governmental function that
serves the public health and welfare, promotes efficiency and effectiveness of local
governments, and is of mutual concern to the contracting parties; and
WHEREAS,
Districtisauthorized to perform Fire Functions pursuant to Section
49.351 of the Texas Water Code,the Town is individually authorized to perform Fire
Functions pursuant to its police powers, and the parties desire to enter into this
Agreement regarding the performance of Fire Functions; and
WHEREAS,
the Interlocal Cooperation Act, Texas Government Code, Chapter
791, et seq., as amended (the “Act”) provides authority for governmental entities of the
State of Texas to enter into Interlocal agreements with each other regarding
governmental functions and services as set forth in the Act; and
NOW, THEREFORE
, Town and District, for and in consideration of the recitals
set forth above and terms and conditions below, agree as follows:
Town CouncilPage 64 of 78Meeting Date: May 10, 2016
I.
Incorporation / Term
1.01Incorporation ofRecitals.
The foregoing recitals are agreed upon and
incorporated herein as a part of this Agreement.
1.02 Term.
After approval by each of the respective governing bodies of Town and
District, this Agreement shall beexecutedby the respective authorized representatives
of the Parties. The initialterm of this Agreement shall commence upon the date of
execution by the Parties and shall expire on September 30, 2016.Thereafter, this
Agreement shall renew annually on October 1st forten (10) consecutiveterms of one
(1) year each, unless terminated by any party at least sixty (60) days prior to the end of
NOTE: I had to change this section for the new dates.
each term.
II.
Definitions
2.01
As used herein, the words and phrases hereinafter set forth shall have the
meanings as follows:
A.Eligible Persons”
“shall mean those persons owning property, residing,
traveling within, or being physically located within the corporate boundaries of the
Town of Trophy Club, Texas and/or Districtand shall also include those persons
owning property, residing, traveling within, or being physically located within the
corporate boundaries of another political subdivision of the State of Texas with
whom Town and/or District have a mutual aid agreement to provide fire protection
services.
B.“Fire-fighting Activities”,“Fire Protection Services”, or “Fire Functions”
shall mean any and all of the customary and usual activities of a fire department,
including fire suppression, fire prevention, training, safety education, maintenance,
communications, photography, and administration.
III.
Obligations and Rights of the Parties
3.01 Budget and Funding
A. Budget
The Director of Finance together with the Fire Chief shall prepare a
budget for Fire Protection Services. It shall be the responsibility of the Fire Chief to
certify that the budget so prepared meets the Fire Protection needs of the Eligible
Persons and allows an appropriate level of service. The budget shall be presented
to the governing board of Districtfor final approval. The Town Manager may present
the fire budget to the Town Council and forward any input to Districtfor final
approval.
Second Amended ILA for Fire Protection Services Page 2 of 7
Town CouncilPage 65 of 78Meeting Date: May 10, 2016
The approval of Districtunder this section shall not be unreasonably withheld.
BFunding
.Districtthe Town shall share the funding of all costs associated with
Fire Protection Services provided to Eligible Persons as defined herein, in
accordance with the terms of this Agreement. Said funding shall be accomplished as
follows:
1)District shall fund itsshare of all costs associated with Fire Protection
Services provided to Eligible Persons as defined herein, in accordance with
the terms of this Agreement through the assessment and collection of an
annual Fire Tax on the property owners of District.
2)The Town shall fund all costs associated with Fire Protection Services to
Eligible Persons by an annual assessment on and collection from Eligible
Persons owning real property and improvements thereon located within the
Town but not within Districtand levied in accordance with the Public
Improvement District Act, Chapter 372 of the Texas Local Government Code,
as amended; said assessment shallbe adopted by Town Council throughthe
approval of the Annual Service and Assessment Plan for Authorized Services
for the Trophy Club Public Improvement District No. 1. If the beneficial
assessment determined in the SAP (Service and Assessment Plan) is an
amount different from the fire tax of District, the Parties agree to negotiate the
reconciliation of the difference.
3)The proportionate share of costs to be paid by each Party hereto in each year
of thisAgreement shall be determinedas follows:
For each yearof this Agreement, the budget for Fire Protection Services shall
consist of the total of the annual budgeted costs for fire protection services
including fire station rent expense, as set forth in the budget adopted in
accordance with Section 3.01 of this Agreement. This total shall be divided by
the total of the assessed values of Districtand theassessed values of real
property and improvements thereon owned by Eligible Persons and located
within the corporate boundaries of the Town but not within District. The
proportionate share of the budget attributable to each shall be the proportion
which the assessed valuation of each bears to the combined assessed
valuations of all Parties.
4) All funds that are not expended during the course of this Agreement willbe
applied to the next year’s budget.Conversely, shortfalls would be due by
each Party.
C. Payment:
The Town shall pay to Districtfunds assessed and collected from
Trophy Club Improvement District No. 1 residents on January 31, 2016, March 31,
2016, June 30, 2016, and September 30, 2016 and on January 31, March 31, June
30, and September30 for each successive year in which the Fire Protection ILA is in
Second Amended ILA for Fire Protection Services Page 3 of 7
Town CouncilPage 66 of 78Meeting Date: May 10, 2016
effect. The Town shall retain all penalties and interest collected with delinquent
payments.Payments will become past due fifteen (15) business days after the
established due date.
D.
The Districtunderstands that the Townutilizes Denton County for the collection
of bothtaxes and assessments levied by the Town upon its residents, and that
Denton Countyutilizes tax and assessment collection processes as authorized by
state law in order tocollect such amounts levied by the Town.The Districtalso
understands that similar to alltax collection processes, 100% of amounts due under
the Fire Protection ILA may notbe collected. Thus, the Districtagrees that the Town
is not liable for the payment of fundsassessed but not collected and remitted to the
Town.
E.
The Town shall be responsible to pay and remit for Out of District/Out of PID
propertiesidentified as the former gas well pad sites, Coleman, Welsh, and Venable
properties.The Town's obligation for payment shall terminate should Out of
District/Out of PIDproperties be annexed into the Districtor should those properties
be developed bycurrent or future owners.
IV.
Consideration
The Parties agree that sufficient consideration for this Agreement exists and is
found in the cross promises set forth above. Each party hereto paying for the
performance of Fire Protection Services shall make such payments from current
revenues legally available to the paying party.
V.
Default / Termination
In the event that any party hereto breaches any term or condition of this
Agreement, this Agreement may be terminated by the aggrieved party if such default is
not cured within a period of thirty (30) days after receipt of written notice of default by
the party allegedly in breach of its obligations hereunder. At the option of the aggrieved
party, if such default is not cured within the thirty (30) day period, this Agreement shall
immediately terminate without further notice.
VI.
Entire Agreement
This Agreement represents the entire and integrated agreement between the
Town and District and supersedes all prior negotiations, representations,and/or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both Parties.
Second Amended ILA for Fire Protection Services Page 4 of 7
Town CouncilPage 67 of 78Meeting Date: May 10, 2016
VII.
Venue
The laws of the State of Texas shall govern this Agreement and each of its terms
and provisions, including but not limited to, the rights and duties of the parties hereto,
and exclusive venue shall be in Denton County, Texas.
VIII.
Severability
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.
IX.
Non-Waiver
All rights, remedies,and privileges permitted or available to any party under this
Agreement or at law or equity shall be cumulative and not alternative, and election of
any such right, remedy, or privilege shall not constitute a waiver or exclusive election of
rights, remedies or privileges with respect to any other permitted or available right,
remedy or privilege. Additionally, one instance of forbearance by any party in the
enforcement of any such right, remedy or privilege against one or more of the other
parties, shall not constitute a waiver of such right, remedy or privilege by the forbearing
party.
X.
Signature Authority
The undersigned officer and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this Agreementon
behalf of the parties hereto and each party hereby certifies to the other that any
necessary resolutions extending such authority have been duly passed and are now in
full force and effect.
Second Amended ILA for Fire Protection Services Page 5 of 7
Town CouncilPage 68 of 78Meeting Date: May 10, 2016
EXECUTED
by Town Council, in duplicateoriginals this, the 10th day ofMay,
2016.
TOWN OF TROPHY CLUB, TEXAS
By____________________________
C. Nick Sanders, Mayor
ATTEST:
______________________________
Holly Fimbres,Town Secretary
APPROVED AS TO FORM:
______________________________
Patricia Adams, Town Attorney
EXECUTED
by District, in duplicateoriginals this, the 11th day of May, 2016.
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
By_________________________
Jim Moss,District President
ATTEST:
______________________________
Kevin C. Carr, DistrictSecretary
APPROVED AS TO FORM:
___________________________
Pam Liston,District Attorney
Second Amended ILA for Fire Protection Services Page 6 of 7
Town CouncilPage 69 of 78Meeting Date: May 10, 2016
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF DENTON§
COUNTY OF TARRANT§
This instrument was acknowledged before me on the ___ day of
C. Nick Sanders, Town of Trophy Club
________________, 2016by Mayor, , Texas,
on behalf of such entity.
______________________________
Notary Public in and for the
State of Texas
STATE OF TEXAS §
COUNTY OF DENTON§
COUNTY OF TARRANT§
This instrument was acknowledged before me on the ___ day of
Jim MossTROPHY CLUB MUNICIPAL
__________________, 2016by , President of
UTILITY DISTRICT NO. 1
, on behalf of such corporation.
________________________________
Notary Public in and for the
State of Texas
Second Amended ILA for Fire Protection Services Page 7 of 7
Town CouncilPage 70 of 78Meeting Date: May 10, 2016
Town CouncilPage 71 of 78Meeting Date: May 10, 2016
Town CouncilPage 72 of 78Meeting Date: May 10, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-259-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:5/3/2016 In control:Town Council
On agenda:5/10/2016 Final action:
Title:Consider and take appropriate action regarding compensation for Fiscal Year 2017 (Staff).
Attachments:
DateVer.Action ByActionResult
Consider and take appropriate action regarding compensation for Fiscal Year 2017 (Staff).
Town CouncilPage 73 of 78Meeting Date: May 10, 2016
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2016-253-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:4/29/2016 In control:Town Council
On agenda:5/10/2016 Final action:
Title:Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming
Special Session Council Agenda for May 17, 2016 meeting and the Regular Session Council Agenda
for May 23, 2016; and discussion of the Town Council Future Agenda Items list, to include discussion
of the below item from the Future Agenda Items list:
A)Item No. 6 - Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer
the title for the land that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016) (2-
May 10, 2016)
Attachments:May 17, 2016 Upcoming Agenda.pdf
May 23, 2016 Upcoming Agenda.pdf
Items for Future Agendas updated 5-4-2016.pdf
DateVer.Action ByActionResult
ItemsforFutureAgendastoincludediscussionofAgendaItemsforconsiderationontheupcomingSpecialSession
CouncilAgendaforMay17,2016meetingandtheRegularSessionCouncilAgendaforMay23,2016;anddiscussionof
the Town Council Future Agenda Items list, to include discussion of the below item from the Future Agenda Items list:
A)ItemNo.6-ReviewnegotiatingwiththeTrophyClubMunicipalUtilityDistrictNo.1totransferthetitlefortheland
that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016) (2-May 10, 2016)
Town CouncilPage 74 of 78Meeting Date: May 10, 2016
Meeting Date 5/17/2016
STAFF
No. Special SessionRESORDPROCFile IDDept
RPT
Consider and take appropriate action regarding an Ordinance
canvassing the returns and declaring the results of the Joint
General and Special Election held on May 7, 2016, in the Town
of Trophy Club, Texas, for the purpose of electing one (1) Council
member to Place No. 5 for a three (3) year term; electing one (1)
1Town Sec
Council member to Place No. 6 for a three (3) year term to the
Town of Trophy Club Town Council; and the proposition related
to the legalization of the sale of all alcoholic beverages including
mixed beverages and providing an effective date (Staff).
Oath of Office to be administered by Town Secretary/RMO Holly
Fimbres, and presentation of Certificates of Election from Town
2Town Sec
Secretary Fimbres for incoming Council Members (Staff).
Remarks to and from incoming Council Members (Staff).
3Town Sec
Consider and take appropriate action regarding the
4Town Sec
appointment of the Mayor Pro Tem; discussion of same (Staff).
Town CouncilPage 75 of 78Meeting Date: May 10, 2016
Meeting Date 5/23/2016
Announcements & Reports
No.
Town Manager Seidel's update regarding the following; discussion and provide
1Town Mgr
input regarding same.
Town Council Liaison Updates; discussion of same:
2Town Sec
STAFF
No. ConsentRESORDPROCFile IDDept
RPT
ConsiderandtakeappropriateactionregardingtheMinutesdatedApril26,
3Town Sec
2016.
Consider and take appropriate action regarding financial and variance report
4Finance
dated April 2016.
STAFF
No. Regular SessionRESORDPROCFile IDDept
RPT
Consider and take appropriate action regarding a Proclamation of the Town
Council declaring Tuesday, May 31, 2016 as Lt. Col. Norm "Jaws" Vuchetich Day
5Town Sec
in Trophy Club; and providing an effective date (N. Sanders).
Receive the Mayor's State of the Town Address; discussion of same (Staff).
6Town Sec
ConsiderandtakeappropriateactionregardingtheInterlocalAgreementfor
ContractualPersonnelServicesbetweentheTownandTrophyClubMunicipal
7Town Mgr
Utility District No. 1; discussion of same (N. Sanders).
ConsiderandtakeappropriateactionregardinganAgreementbetweenthe
Town and Highlands HOA for irrigation maintenance on medians (Staff).
8Parks
ReceiveanupdatefromStarsandStripesregardingtheupcoming4thofJuly
9Parks
Parade; discussion of same (K. Castonguay).
ConsiderandtakeappropriateactionregardingTrophyClubParkConceptPlan;
10Parks
discussion of same (Staff).
Consider and take appropriate action regarding the Capital Improvements
11Town Mgr
Project program (Staff).
STAFF
No. Upcoming Agenda & Council Future Agenda Items List UpdateRESORDPROCFile IDDept
RPT
Items for Future Agendas to include discussion of Agenda Items for
consideration on the upcoming Regular Session Council Agenda for June 14,
12Town Sec
2016 meeting; and discussion of the Town Council Future Agenda Items list, to
include discussion of the below item from the Future Agenda Items list:
A)–ItemNo.9-DiscussionofTrophyClubParkconceptplan.(Sanders
2/23/2016) (1-May 24, 2016)
STAFF
No. Executive SessionRESORDPROCFile IDDept
RPT
Pursuant to the following designated section of the Texas Government Code,
Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene
13Town Sec
into executive session to discuss the following:
STAFF
No. Regular SessionRESORDPROCFile IDDept
RPT
Consider and take appropriate action regarding the Executive Session.
Town Sec
14
Town CouncilPage 76 of 78Meeting Date: May 10, 2016
Town Council Future Agenda Items List
(Updated 5/4/2016)
1. Consider and take appropriate action regarding signage in medians at Trophy Club Drive,
Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28, 2014)
(2-Feb 10, 2015)(3-May 12, 2015) (4-August 11, 2015)(5-December 8, 2015) (6-March 8,
2016)(7-June 14, 2016)
10/28/2014 – Council discussed and would like a plan brought back on a future agenda.
2/10/2015 – Mayor Sanders provided update including examples of Southlake signage.
5/12/2015 – No new update provided.
7/15/2015 – Will be placed on the August 25, 2015 agenda for an update.
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
12/8/2015 - Assistant Town Manager/CFO Glickman advised that the Town is in the process
of going out for bids regarding park monument signage and wayfinding signage.
3/8/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this
item.
2.Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1-
Nov 13, 2014) (2-Feb 24, 2015) (3-May 26, 2015) (4-August 11, 2015) (5-December 8, 2015)
(6-March 8, 2016) (7-June 14, 2016)
2/24/2015 – Acting Town Manager Seidel provided update (waiting to fill vacant Planning
position).
5/12/2015 – Mayor Sanders provided an update that this item will be discussed once the
vacant Planning position is filled.
7/15/2015 – Will be placed on the August 25, 2015 agenda for an update.
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
12/8/2015 - Mayor Sanders advised that he was concerned that the restrictions for condos
and apartments, such as multiple families living at one address, may be insufficient.
3/8/2016 – Discussed that this item could be addressed during the Comprehensive Plan
process.
3. Discussion of possible uses of hotel occupancy tax funds, including the ability to use the
funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14, 2015) (2-December 8,
2015) (3-March 8, 2016) (4-June 14, 2016)
7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda.
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
12/8/2015 - Mayor Sanders advised that he would like additional information on specific
items that hotel occupancy tax funds could be used for.
3/8/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this
item.
4. Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders
4/28/2015) (1-July 28, 2015) (2-December 8, 2015) -March 8, 2016) (4-June 14, 2016)
(3
7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda.
Page 1 of 2
Town CouncilPage 77 of 78Meeting Date: May 10, 2016
8/25/2015 – Mayor Sanders commented to possibly look at this item at the end of the year
in time for the next Women’s Garage Sale.
12/8/2015 - Discussion took place that Town Staff is continuing to work on this item.
3/8/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this
item.
5. Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25, 2015) (2-
December 8, 2015) -March 8, 2016) (4-June 14, 2016)
(3
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
12/8/2015 – Discussion took place to have the ability to pay for certain Parks personnel cost
out of the general fund and at the end of the year the Parks budget would reconcile those
costs.
3/8/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this
item.
6. Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title
for the land that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016)
(2-May 10, 2016)
1/12/2016 – At the January 12, 2016 Council meeting, Council made TCMUD No. 1 an offer
regarding the Annex Building.
7. Discussion and consideration of laws related to texting while driving inside the Town. (Reed
1/26/2016) (1-April 26, 2016)
4/26/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this
item.
8. Discussion of Interlocal Agreements with TCMUD No. 1 for Fire services and building
services such as trash, drainage, etc. (Sanders 1/26/2016) (1-April 26, 2016)
4/26/2016 – Town Manager Seidel advised that he had a meeting scheduled later in the
week with the TCMUD No. 1 General Manager and that he will provide an update
afterwards.
9. Discussion of Trophy Club Park concept plan. (Sanders 2/23/2016) (1-May 24, 2016)
10. Discussion of form liners for the sound wall along State Highway 114. (Sanders 3/8/2016)
(1-June 14, 2016)
11. Discussion of Blue Ribbon grants for the beautification along the sound wall on State
Highway 114. (Sanders 3/8/2016) (1-June 14, 2016)
12. Explore regulations and guidelines to allow for golf cart use and parking in Town parks.
(Shoffner and Reed 3/8/2016) (1-June 14, 2016)
13. Detail review of the nuisance ordinance. (Rowe 4/12/2016) (1-July 12, 2016)
14. Review of transferring the Code Enforcement Officer and the duties of the position to the
Police Department. (Lamont 4/12/2016) (1-July 12, 2016)
15. Receive a presentation regarding options for Fire and EMS. (Reed 4/26/2016) (1-July 26,
2016)
Page 2 of 2
Town CouncilPage 78 of 78Meeting Date: May 10, 2016