Agenda Packet TC 04/24/2018
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Town CouncilPage 5 of 106Meeting Date: April 24, 2018
Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-167-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:4/9/2018 In control:Town Council
On agenda:4/24/2018 Final action:
Title:Receive Town Manager Class' update regarding the following, discussion and provide input regarding
same (T. Class):
·Early Voting
·Volunteer Appreciation Reception
·Planned Development 30
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 1:
Receive Town Manager Class' update regarding the following, discussion and provide input regarding same (T. Class):
Early Voting
Volunteer Appreciation Reception
Planned Development 30
Town CouncilPage 6 of 106Meeting Date: April 24, 2018
Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-168-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:4/9/2018 In control:Town Council
On agenda:4/24/2018 Final action:
Title:Receive Town Council Liaison update; discussion of same (H. Fimbres):
*Parks and Recreation Board, April 16, 2018
Council Liaison - Council Member Philip Shoffner
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 2:
Receive Town Council Liaison update; discussion of same (H. Fimbres):
*Parks and Recreation Board, April 16, 2018
Council Liaison - Council Member Philip Shoffner
Town CouncilPage 7 of 106Meeting Date: April 24, 2018
Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-169-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:4/9/2018 In control:Town Council
On agenda:4/24/2018 Final action:
Title:Consider and take appropriate action regarding the Town Council Regular Session Minutes dated
April 10, 2018 (H. Fimbres).
Attachments:Draft TC Regular Session Minutes April 10, 2018.pdf
DateVer.Action ByActionResult
Agenda Item No. 3:
ConsiderandtakeappropriateactionregardingtheTownCouncilRegularSessionMinutesdatedApril10,2018(H.
Fimbres).
Town CouncilPage 8 of 106Meeting Date: April 24, 2018
TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
TUESDAY, APRIL 10, 2018, 7:00 P.M.
LOCATION: 1 TROPHY WOOD DRIVE, TROPHY CLUB, TEXAS
COUNCIL CHAMBERS
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, April 10, 2018. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders Mayor
Rhylan Rowe Mayor Pro Tem, Place 3
Alicia L. Fleury Council Member, Place 1
Eric Jensen Council Member, Place 2
Tim Kurtz Council Member, Place 4
Greg Lamont Council Member, Place 5
Philip Shoffner Council Member, Place 6
STAFF PRESENT:
Tom Class Town Manager Mike Pastor Information Technology Manager
David Dodd Town Attorney Lisa Payne Town Planner
Holly Fimbres Town Secretary/RMO Jonathan Phillips Director of Administrative Services
Patrick Arata Police Chief Trey Richardson Police Officer
Wade Carroll Fire Chief Scott Spooner Investigative Assistant
Alex Campbell Police Officer Julie Swartz Administrative Assistant
Levi Cobler Police Officer Tommy Uzee Director of Community Development
Tony Jaramillo Director of Parks and Recreation Steve Woodard Police Captain
Amber Karkauskas Director of Finance Steve Zieverink Information Technology Specialist
Jill Lind Communications & Marketing Manager
Mayor Sanders announced the date of Tuesday, April 10, 2018, called the Town Council to order and announced a
quorum at 7:00 p.m.
The Invocation was offered by Senior Pastor Barry Clingan with The Church at Trophy Lakes.
The Pledges to the American Flag and Texas Flag were led by Mayor Pro Tem Rowe.
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.
George Dennis, 1036 Wilshire Drive, advised that he has been a resident of Trophy Club for approximately 27 years
and has taught tennis lessons for the last five years. He wanted to address his concern about the use of the public
tennis courts because he was approached by Town Staff advising him that he could no longer teach lessons there.
Suzanne Jobe, 4 Heatherstone Court, filled out a speaker request form but did not wish to speak but she supported
Mr. Dennis’ comments.
Town CouncilPage 9 of 106Meeting Date: April 24, 2018
ANNOUNCEMENTS AND REPORTS
1. Receive Town Manager Class' update and provide input regarding the following (T. Class):
Early Voting – Would begin on April 23rd and run through May 1st for the upcoming May 5, 2018
Election. The closest early voting site for Denton County residents would be at Trophy Club Town Hall and
the closest early voting site for Tarrant County residents would be at Southlake Town Hall.
Eggstravaganza – Held on March 31st with an estimated turnout of 600 to 800 patrons. He gave a special
thank you to Bara Church, Lakeview Elementary, and Town Hall volunteers who assisted Staff with stuffing
15,000 eggs.
Staffing – Introduction of newly hired Communications and Marketing Manager Jill Lind, who previously
served as the Tourism Marketing Manager for the past nine years and most recently as the Senior
Marketing Manager for the City of Southlake.
2. Badge pinning ceremony for newly hired Police Officers (T. Class).
Town Manager Class introduced Police Captain Steve Woodard, Police Officer Alex Campbell, Police Officer Trey
Richardson, and Police Officer Levi Cobler.
Police Chief Arata provided opening remarks and stated that badge pinning ceremonies occur after police cadets
graduate from the Police Academy and another instance would be for any promotions.
Police Captain Woodard was pinned by his wife, Stacy, and his granddaughter, Hope.
Police Officer Campbell was pinned by her grandmother, Linda McKenney.
Police Officer Richardson was pinned by his wife, Dr. Nikki Richardson, and their son, Declan.
Police Officer Cobler was pinned by his uncle, Bob McConauhey.
Mayor Sanders administered the Oath of Office to Police Captain Woodard, Police Officer Campbell, Police Officer
Richardson, and Police Officer Cobler.
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 Town Council Special Session Minutes dated March 27,
2018 (H. Fimbres). (Town Secretary Note: Approved as presented in the Town Council agenda packet)
4. Consider and take appropriate action regarding the Town Council Joint Session Minutes dated March 27,
2018 (H. Fimbres). (Town Secretary Note: Approved as presented in the Town Council agenda packet)
5. Consider and take appropriate action regarding the financial and variance report dated February 2018 (A.
Karkauskas).
6. Consider and take appropriate action regarding a Joint Election Agreement between the Town of Trophy
Club and Tarrant County Elections for administration of the Town’s May 5, 2018 Special Election; and
authorizing the Mayor or his designee to execute all necessary documents (H. Fimbres).
7. Consider and take appropriate action regarding a Requisition Request for the reinstallation of the Dumpin’
Buccaneer feature at the Splash Pad; and authorizing the Mayor or his designee to execute all necessary
documents (T. Jaramillo).
Motion:
Motion made by Mayor Pro Tem Rowe, seconded by Council Member Jensen, to approve the Consent Agenda
Items 3 through 7.
Motion passed unanimously 7-0-0.
Town Council Minutes April 10, 2018 Page 2 of 10
Town CouncilPage 10 of 106Meeting Date: April 24, 2018
REGULAR SESSION
8. Case ME-18-001 (Church at Trophy Lakes Monument Sign)
Consider and take appropriate action regarding a request for a Meritorious Exception for a proposed
monument sign to be located at 800 Trophy Club Drive, within the Neighborhood Services (NS) zoning
district (L. Payne).
Town Planner Payne presented the item and advised that Section 3.09.010 of the Town’s Code of Ordinances
allowed for an interested party to make a request for a Meritorious Exception to the Town Council, upon
recommendation by the Planning and Zoning (P&Z) Commission, to consider proposals that were nonconforming
to the sign regulations, but may have obvious merit and may make a positive contribution to the visual
environment. The Church at Trophy Lakes was requesting an exception to the monument sign requirements in
order to replace their existing timeworn sign with a new 155 square feet stone monument sign at the northwest
corner of Village Trail and Trophy Lake Drive. The intent of the size and design of the proposed sign was to
compliment the Town’s entryway monument sign that sits in the Roundabout and was within the same view
corridor as the Church property. According to the Town’s sign regulations, a monument sign could not exceed 10
feet in height and 50 square feet in area. Although the proposed sign’s height was within compliance at 4.5 feet at
its tallest points on either end, the proposed monument area of approximately 155 square feet exceeded the
maximum allowable size by 105 square feet. Additionally, she advised that the P&Z Commission recommended
approval with clarification that:
a. The sign’s material and lighting would blend with the Town’s existing roundabout sign;
b. The sign would be oriented toward the corner of Village Trail and Trophy Lake Drive; and
c. The sign would be installed within 10 feet of the property’s 30 foot building line.
Senior Pastor Clingan, applicant, and Dennis Sheridan, Chairperson of the P&Z Commission, were available for any
questions.
Council Member Jensen requested that Staff utilize the monitors at future Council meetings and present the
visuals for the benefit of the audience.
Mayor Pro Tem Rowe clarified that the P&Z Commission recommendation b (the sign would be oriented toward
the corner of Village Trail and Trophy Lake Drive) and recommendation c (the sign would be installed within 10 feet
of the property’s 30 foot building line) were addressed in the applicant’s submittal. Although he understood the
intent of recommendation a (the sign’s material and lighting would blend with the Town’s existing roundabout
sign) it was not specific enough to address in a motion and it was most likely the applicants original intention to
adhere to that recommendation. Furthermore he inquired if there were elements lacking detail in the supporting
documentation since the recommendation should have been addressed within the applicant’s submittal.
Town Planner Payne believed that the reason the recommendations came about were due to concern that the
location of the sign was hand drawn on the site plan.
Mayor Pro Tem Rowe questioned if Staff should have requested the applicant to provide a more specific drawing
relative to the location of the signage. Town Planner Payne responded that Staff could ensure that would be done
moving forward.
Motion:
Motion made by Mayor Pro Tem Rowe, seconded by Council Member Fleury, to approve Case ME-18-001 (Church
at Trophy Lakes Monument Sign) a request for a Meritorious Exception for a proposed monument sign to be
located at 800 Trophy Club Drive, within the NS zoning district.
Council Member Shoffner remarked that the Trophy Club Roundabout signage was 32 feet in length and 5 feet in
height and the Church’s proposed signage would be 36 feet in length and 6 feet in height. He inquired what the
height was of the letters on the Roundabout signage since the Church’s lettering would be 1 foot. Town Planner
Payne was unaware of that information.
Town Council Minutes April 10, 2018 Page 3 of 10
Town CouncilPage 11 of 106Meeting Date: April 24, 2018
Council Member Jensen inquired if the submittal and documentation met the requirements of the Town. Town
Planner Payne responded that it did meet the requirements of the Town.
The vote was taken.
Motion passed unanimously 7-0-0.
9. Youth Programs Standards of Care
A) Conduct a Public Hearing regarding an Ordinance renewing Section 1.08.001, Youth Programs Standards
of Care, of Division 1, Generally, of Article 1.08, Parks and Recreation, of Chapter 1, General Provisions,
of the Town of Trophy Club Code of Ordinances; and providing an effective date (T. Jaramillo).
Mayor Sanders opened the public hearing at 7:30 p.m.
There were no individuals that wished to speak.
Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:31 p.m.
B) Consider and take appropriate action regarding an Ordinance renewing Section 1.08.001, Youth
Programs Standards of Care, of Division 1, Generally, of Article 1.08, Parks and Recreation, of Chapter 1,
General Provisions, of the Town of Trophy Club Code of Ordinances; and providing an effective date (T.
Jaramillo).
Director of Parks and Recreation Jaramillo advised that there were three minor changes proposed:
Subsection (b), (4) – removal of “Trophy Club’s Svore Municipal Building and/or”;
Subsection (f), (2), (C) – change the age from 18 to 16 for program employees; and
Subsection (h),(3),(D) – update the name of the Texas Department of Health to the Texas Department of
State Health Services.
Council Member Shoffner asked if a public hearing was required each year for renewal of the ordinance. Town
Attorney Dodd advised that a public hearing was required each year.
Motion:
Motion made by Mayor Pro Tem Rowe, seconded by Council Member Jensen, to approve Ordinance No. 2018-09,
renewing Section 1.08.001, Youth Programs Standards of Care, of Division 1, Generally, of Article 1.08, Parks and
Recreation, of Chapter 1, General Provisions, of the Town of Trophy Club Code of Ordinances; and providing an
effective date of April 10, 2018, as presented in the agenda packet.
Motion passed unanimously 7-0-0.
10. Receive an update from Town Staff and take appropriate action regarding traffic control devices for the
following intersections: Bobcat Boulevard and Trophy Club Drive; Parkview Drive and Bobcat Boulevard;
and Durango Drive and Trophy Club Drive (Council Member Fleury and Council Member Jensen).
Director of Community Development Uzee introduced Chris Hartke and Philip Varughese, with Teague Nall &
Perkins (TNP), who conducted the warrant study.
Council Member Shoffner inquired why a signal warrant study was performed when the direction given was to
perform a traffic study because it gave the appearance that the Council had already decided to install traffic
signals. Mr. Hartke responded that the warrant analysis for traffic signals was part of the traffic impact study. The
study included the results to determine if a signal was warranted according to the Texas Manual on Uniform Traffic
Control Devices by using the current traffic volumes at the proposed intersections.
Council Member Shoffner commented that the Council was seeking recommendations of possible options whether
that would be installation of traffic signals, roundabouts, stop signs, etc. in order to allow the Council to make the
most appropriate determination.
Town Council Minutes April 10, 2018 Page 4 of 10
Town CouncilPage 12 of 106Meeting Date: April 24, 2018
Mr. Hartke explained that the study was the first step to make that evaluation and that TNP intended to present
the results, which would include a level of service (LOS) comparison of the existing condition verses installing a
traffic signal.
Mayor Pro Tem Rowe reiterated that the Council was seeking to receive options for them to consider.
Council Member Fleury inquired if the data that was collected could be used to determine additional options. Mr.
Hartke responded that the data could be used to determine additional options.
Council Member Shoffner read the motion made at the December 12, 2017 Council meeting, which approved
conducting a traffic study for the proposed three intersections.
Mr. Hartke explained that a general term of a traffic study was the impact of the intersections. TNP assessed
traffic counts, pedestrian counts, and placed those results into a program that evaluated different options for each
intersection.
Council Member Shoffner asked if a different study would need to be performed if the direction would have been
to install a roundabout. Mr. Hartke responded that the gathered numbers could be used for that study.
Mr. Hartke provided the presentation, which included: Study Locations; Data Collection; Signal Warrant Analysis;
Signal Warrant Summary; and LOS Analysis.
Mayor Sanders agreed that additional data was needed to provide options that could include traffic signals, turn
lanes, acceleration lanes, and/or roundabouts. He noted that each intersection had unique characteristics but
heavy traffic volume appeared to be relatively short periods of time at all three intersections.
Council Member Jensen inquired if crossing guards were located at all three intersections during the peak hours to
help direct traffic. Police Chief Arata confirmed that he did have crossing guards at those locations during peak
hours, which correlated with the school zone times.
Council Member Lamont asked what the delay times were. Mr. Harke referenced the Overall LOS Summary that
graded each intersection A through F and listed the average control delay.
Council Member Kurtz commented that based on the data it appeared that the crossing guards needed to be re-
trained as opposed to installing traffic signals. For instance they may be currently trained to relieve a lane when it
became 10 vehicles backed up when maybe it should be to relieve a lane every 30 seconds. He noted that there
were no issues at these intersections on weekends, evenings or during the summer time.
Council Member Shoffner was not advocating traffic signals but he inquired if traffic signals were installed would
they replace the crossing guards. Police Chief Arata responded that there would not be a need for crossing guards
because there would be push buttons to allow pedestrians to cross the intersections. He added that the crossing
guards worked in sync to assist with traffic relief with Byron Nelson High School starting and dismissing school
earlier than Medlin Middle School.
Council Member Shoffner remarked that by the same token crossing guards would have to remain if roundabouts
were installed. Police Chief Arata confirmed that the crossing guards would remain if roundabouts were installed.
Council Member Shoffner asked if traffic signals could be turned on during the peak hours and then flash yellow
during the other times. Police Chief Arata stated that traffic signals could be programmed that way.
Council Member Kurtz wanted to ensure that crossing guards remained in place even if traffic signals were in
installed.
Town Council Minutes April 10, 2018 Page 5 of 10
Town CouncilPage 13 of 106Meeting Date: April 24, 2018
Council Member Shoffner advised that he was trying to make the point that with a traffic signal there was
potential to reduce the two crossing guards to one crossing guard at Durango Drive and Trophy Club Drive and
with a roundabout the same level of crossing guard presence would still be needed. Additionally, he commented
that he felt that flashers were needed at the current Roundabout because pedestrians crossed that area.
Mayor Pro Tem Rowe commented that he would be interested in reviewing data that isolated where there were
less than optimal right turn conditions and review the option of turn lanes. Additionally, he would like to consider
whether some of the intersections would be potentially better served as a three-way stop intersection and have
them potentially activated only during certain times of day.
Council Member Shoffner remarked that a turn lane may be appropriate on Trophy Club Drive to head west on
Durango Drive.
Council Member Kurtz commented that it may be of benefit to make the right lane heading southbound on Trophy
Club Drive a turn only lane during peak hours for vehicles to travel west on Bobcat Boulevard. He asked if
Broadway Drive was included with the study because drivers tended to use that street a cut through. Mr. Hartke
responded that Broadway Drive was not included.
Council Member Lamont agreed that a left turn lane on Trophy Club Drive to head west on Durango Drive may be
of benefit. He commented that the Roundabout project was approximately $2.4 million about eight years ago.
Council Member Jensen inquired if Staff believed that additional options would be warranted based on the
provided information. Director of Community Development Uzee responded that it was worth looking into further
because to potentially install turn lanes it may require acquisition of land.
Bill Rose, 219 Inverness Drive, stated that right turn lanes would be an interesting concept to consider. His
preference would be to install roundabouts at the congested areas and he noted that cost would be a factor. He
believed that the construction of the current Roundabout was competitive at the time with the cost associated
with installing a traffic signal. He favored roundabouts for three reasons: safety, life cycle cost, and they were
aesthetically pleasing.
Council Member Lamont noted that per a previous Town Manager, the current Roundabout cost included $1.6
million that came from Denton County, $400,000 that came from the Public Improvement District, $200,000 from
the Trophy Club Municipal Utility District No. 1, and the balance came from the Town’s General Fund.
Mayor Pro Tem Rowe remarked that he was not for or against a specific solution. He desired to receive an expert
analysis of what the available options were along with the pros and cons to each.
Council Member Jensen commented that possibly a one lane roundabout would be an option to review. He
encouraged TNP and Staff to review the potential options and present them to Council at a later meeting. He
noted that this would be the optimal time for any needed construction on Trophy Club Drive since construction
was forthcoming.
Council Member Fleury remarked that in the meantime a practical solution would be to re-train the crossing
guards on the appropriate time limits to relieve lanes or the number of vehicles to have queued in a lane.
No action was taken on this item.
11. Discussion of and provide direction to Town Staff regarding installation of a No U-Turn sign at Trophy Lake
Drive and Village Trail (Council Member Fleury and Council Member Jensen).
Director of Community Development Uzee advised that Staff was seeking direction on whether or not to install a
No U-turn sign on Trophy Lake Drive.
Town Council Minutes April 10, 2018 Page 6 of 10
Town CouncilPage 14 of 106Meeting Date: April 24, 2018
Council Member Fleury commented that she recognized a need to install signage because there appeared to be
issues with drivers make U-turns in that area. She had also received comments from concerned residents
regarding this issue.
Town Manager Class advised that the Police Department reviewed the reports for that intersection for the last
three years and one traffic accident had been reported.
Council Member Kurtz remarked that he regularly traveled that route and he noticed that on numerous occasions
drivers would make a right exit out of the parking lot, closest to the Bank of America, onto Trophy Lake Drive to
immediately make a U-turn after the median ended; therefore hindering drivers turning left into Tom Thumb and
creating additional traffic at the Roundabout.
Mayor Pro Tem Rowe stated that he had also received feedback from concerned residents regarding this area.
Council Member Shoffner commented that there was a no U-turn sign by the Townhomes and inquired if that had
been installed for safety reasons due to visibility issues. Police Chief Arata confirmed that the sign was installed for
safety reasons.
Council Member Shoffner noted that directing drivers into the Roundabout would offer a safer alternative than
making a U-turn.
Main Motion:
Main Motion made by Council Member Jensen, seconded by Mayor Pro Tem Rowe, to install No U-turn signage
heading northbound on Trophy Lake Drive by Village Trail.
Town Attorney Dodd commented that a revised ordinance could be presented to Council at a later date describing
the location of the added No U-turn signage.
Council Member Shoffner believed that Staff had the ability to install No U-turn signage. Additionally, he pointed
out that the location of the No U-turn sign in front of the Townhomes had not been addressed through an
ordinance.
Police Chief Arata remarked that Staff would install two signs, one at the end of the median on Trophy Lake Drive
before Village Trail and another before the Roundabout.
Substitute Motion:
Substitute Motion made by Mayor Sanders, seconded by Mayor Pro Tem Rowe, to refer this item to the Town
Manager and have it brought back for Council’s consideration at the April 24, 2018 Council meeting.
Council Member Shoffner read Number 1 of Subsection a, Restrictions, of Section 12.02.032, U-turns: It shall be
unlawful for the driver of any vehicle to turn such vehicle so as to proceed in the opposite direction or to make a
one hundred eighty (180) degree turn (U-turn) on any street posted by the town with a sign or signs indicating that
such a movement is prohibited. U-turns shall be permitted at locations where no sign or state law prohibits such
turn.
The vote was taken for the Substitute Motion, to refer this item to the Town Manager and have it brought back
for Council’s consideration at the April 24, 2018 Council meeting.
Substitute Motion failed (0-0-7), with Mayor Sanders, Mayor Pro Tem Rowe, and Council Members Fleury,
Jensen, Kurtz, Lamont, and Shoffner voting against.
The vote for the Main Motion was taken, to install No U-turn signage heading northbound on Trophy Lake Drive
by Village Trail
Main Motion passed unanimously 7-0-0.
Town Council Minutes April 10, 2018 Page 7 of 10
Town CouncilPage 15 of 106Meeting Date: April 24, 2018
12. Consider and take appropriate action regarding lighting improvement at Harmony Park (T. Jaramillo).
Director of Parks and Recreation Jaramillo advised that this item had been discussed by the Parks and Recreation
Board.
Tiffany Nimphius, Parks and Recreation Board Chairwomen, advised that they were seeking approval from Council
to proceed with applying for a grant to expand and improve the lighting at Harmony Park. A quote was received
from Musco Sports Lighting for $190,000 to install lighting at Harmony Park. If awarded, the grant would cover
$50,000 and Greater Northwest Soccer Association (GNWSA) agreed to split the remaining balance, leaving the
Town’s overall obligation at $70,000 in the Fiscal Year 2019 Budget.
Council Member Jensen inquired about GNWSA committing $70,000 and how payments would be disbursed to the
Town.
Matt Tibbitts, President of GNWSA, confirmed that they agreed to pay 50 percent of the remaining balance and
that GNWSA would pursue an agreement with the Town addressing payments.
Council Member Shoffner reiterated his desire to enter into a Capital Improvement Program with the various
sports associations. He encouraged GNWSA to review other areas that would add improvement for their
association that could be addressed in the agreement.
Council Member Kurtz inquired if the abutting residents were approached about the proposed additional lighting
since they could be negatively impacted. Mr. Tibbetts responded that soccer field lighting was lower than baseball
lighting; therefore there would be less light pollution experienced compared to lighting at the baseball fields.
Director of Parks and Recreation Jaramillo confirmed that Musco lighting offered 50 percent less spill lighting and
glare.
Council Member Lamont asked what had changed that triggered the need of additional lighting. Mr. Tibbetts
responded that their association was growing and it would be beneficial for them to install permanent lighting as
opposed to renting temporary lighting.
Mayor Sanders commented that he would like to review a photometric plan prior to approval to see how the
lighting would bleed.
Mayor Pro Tem Rowe remarked that there should not be anything to precluded Staff from proceeding with
applying for the grant since the lighting implementation and budget line item request would not occur until later in
the year. Additionally, he commented that he was pleased to see that there was a request to obtain enhanced
yield out of Town facilities that were in place for the enjoyment of residents.
Council Member Jensen clarified that poles 1 and 2 faced south and already existed. The request included adding
lighting to the existing poles and face north. He stated that the height of the poles was 70 feet and he inquired
what the height was for the poles at Independence Park. Director of Parks and Recreation Jaramillo responded
that he believed they were 70 to 90 feet.
Council Member Jensen pointed out that poles 3, 4, and 5 could potentially create issues for abutting
homeowners. He recommended that Staff review decreasing the height of the proposed poles.
Council Member Kurtz was in favor of proceeding with the grant but in the meantime have Staff reach out to the
homeowners that would be affected and present a study at a later date.
Motion:
Motion made by Mayor Pro Tem Rowe, seconded by Council Member Shoffner, to direct Staff to apply for the
grant as presented.
Motion passed unanimously 7-0-0.
Town Council Minutes April 10, 2018 Page 8 of 10
Town CouncilPage 16 of 106Meeting Date: April 24, 2018
13. Discuss and take appropriate action regarding Town activity in public information and public relations
relating to PD-30 (Mayor Pro Tem Rowe and Council Member Shoffner).
Mayor Pro Tem Rowe explained that PD-30, a large mixed development, had some press coverage with
information that was inaccurate, for example an article done by the Star-Telegram and a story done by a local NBC
affiliate had published glaring factual errors. He requested that Staff keep tabs on press coverage for this
development and if factual errors were presented then Staff should make a public effort to post the clarifications
or corrections on the Town’s website that would be linked to Facebook or Twitter in order to point concerned
residents to the accurate information.
Mayor Sanders advised that he had approached Star-Telegram to publish the corrections but that was not done.
Council Member Shoffner agreed with Mayor Pro Tem Rowe and recommended that Staff cleanup the information
on the Town’s website reflecting the approved PD-30 with the factual information.
No action was taken on this item.
14. Discussion of items for Future Agendas to include agenda items for consideration on the April 24, 2018
Council agenda and items from the Town Council Future Agenda Items list (H. Fimbres).
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 Shoffner requested to have a repeated placeholder for future Executive Sessions for the potential
to discuss the area north of State Highway 114, east of Trophy Club Drive. Council Member Kurtz agreed to add
the item.
Mayor Sanders provided an update regarding Item No. 2 from the Town Council Future Agenda Items list regarding
a Green Ribbon grant for the beatification along the sound wall on State Highway 114. He attended a Texas
Department of Transportation meeting where the following topics were discussed: construction of feeder roads
along the highway that did not currently exist; installation of a Texas U-turn at Solana Boulevard and Kirkwood
Boulevard; changing exit and entrance directions; and installation of irrigation equipment.
EXECUTIVE SESSION
15. 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 under Subsection (1) to discuss or deliberate the appointment,
evaluation and duties of a public officer or employee:
1. Quarterly Goals and Objectives for Council Appointed Employees (Town Council)
2. Crime Control and Prevention District (H. Fimbres)
3. Denco Area 9-1-1 District Board of Managers (Mayor Sanders and Council Member Lamont)
B) Section 551.071 Consultation with Attorney under Subsection (2) to consult with the Town Attorney on
a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act,
specifically:
Breach of Contract Issues, Procedures, and Claims (D. Dodd)
Town Council Minutes April 10, 2018 Page 9 of 10
Town CouncilPage 17 of 106Meeting Date: April 24, 2018
CONVENED INTO EXECUTIVE SESSION - START TIME – 8:46 P.M.
RECONVENED INTO REGULAR SESSION - START TIME – 9:30 P.M.
RECONVENED INTO REGULAR SESSION
16. Consider and take appropriate action repealing Resolution 2017-39 and adopting a new Resolution, filling
one (1) vacant position for the remainder of an unexpired term on the Crime Control and Prevention District
Board; reaffirming existing appointments; and providing an effective date (H. Fimbres).
Motion:
Motion made by Council Member Jensen, seconded by Council Member Kurtz, to repeal Resolution No. 2017-39
and approve Resolution No. 2018-04, appointing Leo Daniels to Place 5, filling a vacant position for the remainder
of an unexpired term on the Crime Control and Prevention District; reaffirming existing appointments; and
providing an effective date of April 10, 2018.
Motion passed unanimously 7-0-0.
17. Consider and take appropriate action regarding a Resolution of the Town Council nominating one (1)
candidate to a slate of nominees for the Board of Managers of the Denco Area 9-1-1 District; and providing
an effective date (Mayor Sanders and Council Member Lamont).
Motion:
Motion made by Council Member Lamont, seconded by Mayor Pro Tem Rowe, to approve Resolution No. 2018-05,
nominating Jim Carter to a slate of nominees for the Board of Managers of the Denco Area 9-1-1 District; and
providing an effective date of April 10, 2018.
Motion passed unanimously 7-0-0.
18. Consider and take appropriate action regarding the Executive Session (H. Fimbres).
No action was taken on this item.
ADJOURN
Mayor Sanders adjourned the meeting at 9:33 p.m.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Minutes April 10, 2018 Page 10 of 10
Town CouncilPage 18 of 106Meeting Date: April 24, 2018
Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-173-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:4/9/2018 In control:Town Council
On agenda:4/24/2018 Final action:
Title:Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the
Town of Trophy Club and Denton County for the Fiscal Year 2018-2019 Shared Governance
Communications and Dispatch Services System for the Police Department and Fire/EMS Department;
and authorizing the Mayor or his designee to execute all necessary documents (P. Arata and W.
Carroll).
Attachments:Staff Report - Denton County Interlocal Cooperation Agreement for Dispatch Services.pdf
Denton County Interlocal Cooperation Agreement for Shared Governance Communications and
DateVer.Action ByActionResult
Agenda Item No. 4:
ConsiderandtakeappropriateactionregardinganInterlocalCooperationAgreementbetweentheTownofTrophyClub
andDentonCountyfortheFiscalYear2018-2019SharedGovernanceCommunicationsandDispatchServicesSystem
forthePoliceDepartmentandFire/EMSDepartment;andauthorizingtheMayororhisdesigneetoexecuteallnecessary
documents (P. Arata and W. Carroll).
Town CouncilPage 19 of 106Meeting Date: April 24, 2018
To: Mayor and Town Council
From: Patrick Arata, Police Chief
Wade Carroll, Fire Chief
CC: Thomas M. Class, Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Shared Governance Communications & Dispatch Services
Town Council Meeting, April 24, 2018
Agenda Item:
Consider and take appropriate action regarding an Interlocal Cooperation Agreement between
the Town of Trophy Club and Denton County for the Fiscal Year 2018-2019 Shared Governance
Communications and Dispatch Services System for the Police Department and Fire/EMS
Department; and authorizing the Mayor or his designee to execute all necessary documents (P.
Arata and W. Carroll).
Explanation:
This Interlocal Cooperation Agreement is for Police and Fire/EMS dispatch services for Fiscal
Year 2018-2019. Based on the call volume Trophy Club Police Department’s share is $39,338
and the Fire/EMS Department’s share is $6,961, for a total of $46,299.
Budget Impact:
Impact of $39,338 for Police and $6,961 for Fire/EMS.
Attachments:
Interlocal Cooperation Agreement for Shared Governance Communications and
Dispatch Services System
Recommendation:
Staff recommends Council approve the Interlocal Cooperation Agreement for Shared
Governance Communications and Dispatch Services System.
Page 1 of 1
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Town CouncilPage 29 of 106Meeting Date: April 24, 2018
Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-187-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:4/12/2018 In control:Town Council
On agenda:4/24/2018 Final action:
Title:Consider and take appropriate action regarding amending the Non-Exclusive Use Agreement between
the Town of Trophy Club and Greater Northwest Soccer Association; and authorizing the Mayor or his
designee to execute all necessary documents (T. Jaramillo).
Attachments:Staff Report - GNWSA Amended Non-Exclusive Use Agreement.pdf
GNWSA Amended Non-Exclusive Use Agreement.pdf
DateVer.Action ByActionResult
Agenda Item No. 5:
ConsiderandtakeappropriateactionregardingamendingtheNon-ExclusiveUseAgreementbetweentheTownof
TrophyClubandGreaterNorthwestSoccerAssociation;andauthorizingtheMayororhisdesigneetoexecuteall
necessary documents (T. Jaramillo).
Town CouncilPage 30 of 106Meeting Date: April 24, 2018
To: Mayor and Town Council
From: Tony Jaramillo, Director of Parks and Recreation
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Greater Northwest Soccer Association - Amended Non-Exclusive Use Agreement
Town Council Meeting, April 24, 2018
Agenda Item:
Consider and take appropriate action regarding amending the Non-Exclusive Use Agreement
between the Town of Trophy Club and Greater Northwest Soccer Association; and authorizing
the Mayor or his designee to execute all necessary documents (T. Jaramillo).
Explanation:
Staff revised and updated the Non-Exclusive Use Agreement between the Town of Trophy Club
and Greater Northwest Soccer Association.
Summary of Amendments:
Added Independence Park East Location throughout the agreement;
Changed commencement date to May 1, 2018;
Added information about Town utilization of media outlets to provide information;
Changed months that overseeding will occur within the Maintenance Responsibilities;
Added a requirement for Council Updates and removed Community Updates;
Added restrictions on portable lights; and
Corrected Town Hall address and various names throughout the agreement.
Attachments:
GNWSA Amended Non-Exclusive Use Agreement
Recommendation:
Staff recommends Council approve the Amended Non-Exclusive Use Agreement with Greater
Northwest Soccer Association.
Page 1 of 1
Town CouncilPage 31 of 106Meeting Date: April 24, 2018
THE STATE OF TEXAS §
§
COUNTY OF DENTONand TARRANT §
AMENDED NON-EXCLUSIVE USE AGREEMENT BY AND BETWEEN
THE TOWN OF TROPHY CLUB
AND THE GREATER NORTHWEST SOCCER ASSOCIATION
THIS AMENDED NON-EXCLUSIVE USE AGREEMENTis made and entered
into by and between the TOWN OF TROPHY CLUB, TEXAS (hereinafter referred to as
TOWN), acting by and through its Mayor or designee, and theTrophy Club Soccer
Club, D\\b\\a theGreater Northwest Soccer Association(hereinafter referred to as
GNWSA), a participating member of the North Texas State Soccer Association, and
acting by and through the Presidentofthe GNWSABoard of Directors, or designee,
(hereinafter Agreement).
WITNESSETH:
WHEREAS,
the TOWN owns and maintains TOWN parks and sportsfacilities on
HarmonyParkandIndependence Park East; andleases the NISD field
adjacent to Lakeview Elementary (hereinafter Lakeview Park); and
WHEREAS,
the GNWSAis comprised of various youth and adult soccer teams for
soccer play; and
WHEREAS,
the GNWSAdesires to use the TOWN parks and facilities as specifically
identified hereinbelow; and
WHEREAS,
maintenance and upkeep obligations shall be shared by Town and
GNWSAas expressly set forth in this Agreement; and
WHEREAS,
GNWSAand TOWN agree that it serves their best interests to work with
TOWN; and
WHEREAS,
GNWSAand TOWN agree that the properties and facilities identified
herein shall be used by GNWSA solely for the purpose of providing soccer
use for the members of the GNWSA; and
WHEREAS,
the parties agree that this Agreement supersedes any and all prior written
and/or oral agreements for use of Harmony,Independence East,and
Lakeview Parkand by execution of this Agreement, the parties agree and
intend that this Agreement shall exclusively govern GNWSAs use of
Harmony, Independence East,and Lakeview Park.
Town CouncilPage 32 of 106Meeting Date: April 24, 2018
NOW THEREFORE, FOR AND IN CONSIDERATION
of the above and
foregoing premises, the benefits flowing to each of the parties hereto, and other good
and valuable consideration, TOWN and GNWSAdo hereby agree as follows:
I.
INCORPORATION OF PREMISES / TERM
1.01Incorporation of Premises.
The foregoing premises to this Agreementare
incorporated herein for all purposes as if set out herein verbatim.
1.02Term.
The term of this Agreementshallcommence on February 1,2016May 1,
2018and shall end on January31,20172019,unless otherwise terminated as
provided herein. After the initial term has expired, this contract will automatically
renew for three (3)additional terms of one (1) yeareach, provided that such
renewal is not contested by either party within sixty (60) days of the contracts
expiration date.
II.
HARMONY, INDEPENDENCE EAST,and LAKEVIEW PARK/ CONSIDERATION
2.01Harmony, Independence East,and Lakeview Park.
TOWN, under the terms
and conditions provided herein, shall allow GNWSAthe non-exclusive use of
Harmony, Independence East,and Lakeview Park and facilities within the parks
as specifically identified in Exhibit A, a copy of which is attached hereto and
incorporated herein, for athletic and sporting events, to wit, soccer events.
2.02Consideration.
In addition to the fees otherwise provided herein, for the Spring,
Season and the Fall Season (defined below), GNWSA shall assess and collect a
fee for each child who does not live within the corporate limits of the Town of
Trophy Club, the City of RoanokeOr the City of Justin. Such fee shall be fifteen
dollars ($15.00)per person who enrolls in the GNWSA soccer program. No later
st
than the twenty-first (21) day after the commencement of regular season game
play for the Spring Season and for the Fall Season, GNWSA shall remit to Town
all such fees collected and shall provide the written report required by Section
12.02 of this Agreement.
In further consideration for the use of Harmony, Independence East,and
Lakeview Park,GNWSAhereby agrees to provide a proposed use schedule
(which specifically identifies complexes and fields to be used) to the TOWN at
least seven (7) days before the commencement of each seasonal practice
schedule and at least fifteen (15) days prior to each regular season game
schedule. In the event of changes in the game and or practice schedule, GNWSA
shall provide TOWN with a written notice at least seventy-two (72) hours prior to
the proposed change. Acceptance of the proposed changes shall be within the
sole discretion of the Town; provided however, that acceptance shall not be
unreasonably withheld.
20162018 AmendedNon-Exclusive Use Agreement with GNWSAPage 2 of 14
Town CouncilPage 33 of 106Meeting Date: April 24, 2018
III.
USE SCHEDULING/REGISTRATION
3.01RegularSeasonHarmony, Independence East, and Lakeview
.The Spring
Season shall run from the first week of February through the fourth week of June
and the Fall Season shall run from thesecond week of August through the
fourthweek of November, and shall includetryouts, all practice and league
games, tournaments and make-up games.
3.02Tournament Rates.
Upon sixty (60) days written notice and approval of
proposed scheduling byTOWN, GNWSA shall be allowed to schedule one
tournament per year at a cost agreed upon by the Town Manager Director of
Parks and Recreation or their designee.
3.03Scheduling.
TOWN and GNWSAagree that scheduling of additional games and
practices on dates not contained in the TOWN approved schedule shall not be
permitted unless these additional times are mutually agreed to in writing by the
TOWN and GNWSA, and if allowed, there shall beno additional cost to GNWSA.
Use of Harmony, Independence East,and Lakeview Parkshall be limited to the
sports games and contests scheduled by GNWSA, and GNWSAshall provide
written notice of scheduling to the Parks and Recreation Department in
GNWSAshall
accordance withthe time frames set forth in this Agreement.
provide one point of contact for all scheduling of Harmony, Independence
East,and Lakeview Park.
No GNWSAtournaments and/or use of Harmony,
Independence East,and Lakeview Park by GNWSA, other than that expressly
provided for under a TOWN approved schedule, shall be allowed by the TOWN.
Weather days, rain days, or suspension of play may require rescheduling of
events. GNWSAshall provide written notice of such rescheduling requests to the
seventy-two (72) hours
Parks and Recreation Department at least in advance
of the proposed schedule change.
The TOWN shall designate one (1) day per week on which GNWSAwill not be
allowedto use Harmony, Independence East,and Lakeview Parkfor either
practice or games. The proposed day shall be submitted to GNWSAby the Town
thirty (30) days prior to the commencement of regular season practice for both
the Spring Season and for the Fall Season. The Town in its sole discretion may
allow GNWSA to utilize the fields on the restricted day due to inclement weather
or unforeseen circumstances that prevent GNWSA from using the fields during
their regularly scheduled times and days.
The Town reserves the right to use any field or facility for purposes other than
soccer upon submitting the scheduled us to GNWSA ninety (90) days prior to
that use.
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3.04Registration.
During the registration period for both the Spring Season and the
Fall Season, GNWSAshall accept registration from players who reside within
and outside the Trophy Club, Roanoke and Justin city limits. The Town will
utilize its various media outlets to reach Town residents with this information. All
players who are not returning to existing teams and resideoutside the Trophy
Club, Roanoke and Justin city limits will be placed on a waiting list. After all
players who reside within the Trophy Club, Roanoke and Justin city limits have
been placed on teams in the blind draw, players on the waiting list will be placed
on a team if space is available.Additionally, in order for the TOWN to control field
usage and to establish capacity limits for field usage, GNWSAshall restrict the
maximum number of participants allowed to register based upon the maximum
number of weekly practice slots available.
IV.
MAINTENANCE RESPONSIBILITIES
4.01TOWN Maintenance Responsibilities.
TOWN shall be responsible for all
routine maintenance of Harmony, Independence East,and LakeviewPark,
including the following:
1.watering;
2.loose trash and debris removal on grounds;
3. mowing;
4.overseeding (the Town will overseedwith Rye between fourth week in
Septemberthe second week of October and thefirst week in Octoberfirst
week in November; and additionally reserves the right to overseed with
Bermuda in the summer with (30) thirty days notice. Overseeding will require
the fields to be closed for three weeks following the application of seed);
5.fertilization;
6.aerification;
7.top-dressing;
8.striping of the game fields, for league scheduled games & tournaments;
9.restrooms;
10.lighting;
11.irrigation;
12.turf management; and
13.other similar maintenance items (fire ant/ insect control etc)
4.02Repairs.
TOWN shall have the sole discretion to determine nature and timing of
repairs and shall have the sole duty and responsibility for making repairs to all
permanent improvements owned by the TOWN such as fencing, buildings,
lighting, or other permanent structural improvements upon Harmony,
Independence East,and Lakeview Park.
4.03TOWN Alterations.
TOWN shall be permitted and shall have the right to make,
at its own expense, all alterations or additions to all or any portion of Harmony,
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Independence East,and Lakeview Parkthe TOWN determines appropriate in its
sole discretion, notwithstanding any conflicting provision of this Agreement.
4.04GNWSAMaintenance and Other Responsibilities:
GNWSAshall be
responsible for the following:
A.Maintenance and Improvements Generally.
Maintenance or improvements
in addition to those provided by TOWN pursuant to this Section, shall be the
responsibility of GNWSAand shall only be allowed upon the prior written
approval ofTOWN.
B.Field Maintenance
:GNWSA through their President or designee shall
promptly notify the TOWN of all field maintenance requests, requests for
additional services or the existence of unsafe conditions by providing written
notice to the Park Superintendent and/or designee.
4.05GNWSAAlterations.
. GNWSAshall not move, alter or remove, in whole or in
part, any TOWN improvement, fixed or movable, upon Harmony, Independence
East,and Lakeview Park, including without limitation bleachers, without first
obtaining the express written permission of the TOWN and then only in the event
that the move, alteration or removal will not subject such improvements or
Harmony, Independence East,and Lakeview Parkto damage. Any such move,
alteration or removal shall be at the sole expense of GNWSA.
4.06Council Updates.
An officer of the GNWSA shall attend a Town Council meeting
and shall provide an update to the Town Council within thirty (30) days after the
last day of regular season play for both theFall Season and the Spring Season.
Community Update.
GNWSA shall work with the required Town departments to
produce a community update on soccer following the end of each season and
prior to the start of the following season. The Town will utilize its various media
outlets to reach Town residents with this information. GNWSA is also
encouraged to appear before Council and the Parks and Recreation Board
annually to encourage and promote a positive relationship between all parties.
4.07Ex-Officio Member.
The Parks and Recreation Director or designee shall serve
as an ex-officio member of the Board of Directors of the GNWSA. GNWSA shall
email board meeting agendas to the Parks and Recreation Director or designee a
minimum of seventytwo (72) hours prior to each such GNWSA Board meeting.
4.08PartnershipOpportunities.
GNWSAshall diligently pursue any actions or
opportunities that will reducethe maintenance and operational costs of both
GNWSAand TOWN, including without limitation, capital improvement initiatives
and other TOWN authorized activities.
4.09Events.
TOWN and GNWSAagree and understand that there is a benefit in
combining resources and participation in TOWN sponsored events. GNWSA
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agrees to work with TOWN in the joint scheduling and promotion of TOWN
events as practicable for both parties.
V.
RULES AND REGULATIONS / CLOSURE/ PARKING
5.01TOWN Regulations
. GNWSAunderstands and agrees that its use of Harmony,
Independence East,and Lakeview Parkshall be allowed only in accordance with
TOWN ordinances, guidelines and regulations, including without limitation the
following:
A.Athletic Facility Rainout Procedures
: During questionable weather periods,
field playability status will be posted on the TOWNS field conditions line by
12:00p.m. weekdays and by 7:00 a.m. Saturdays, Sundays, and Holidays by
TOWNS Parks Superintendent and/or designee. Emergency contact
numbers shall be distributed to GNWSAdesignated officials prior to season
start. The field conditions line shall be updated as soon as possible when field
conditions change status.
B.Portable lights:
Portable lights of any kind are prohibited on Town property unless
permission is granted by the Parks Superintendent and/or designee. GNSWA must
provide the Town with a written request at least thirty (30) days prior to needing
lights. Portable lights are not to stay on past 7:00 p.m. and are to be installed on
concrete surface only and must be scheduledto be removed one day after each
season is over. Vehicles are not allowed to drive into any park in order to drop off
and install portable lights. The Town reserves the right to cancel the use of portable
lights at any time for any reason.
B.C.Field Closure Policy and Procedure
:GNWSA shall cancel, delay or
postpone any games, tournaments, practices, scrimmages, camps or other
activities if severe weather conditions are present and/or when TOWN notifies
GNWSA that supplemental watering will be conducted.Notwithstanding the
terms of this Agreement, TOWN, in its sole discretion, retains the right to
close any or all of Harmony, Independence East,and Lakeview Parkthat is
the subject of this Agreement. The Park Superintendant and/or designee, at
their sole discretion, may close Harmony, Independence East,and Lakeview
Parkand suspend play at any time if, in TOWNS sole discretion, it is
determined that continued use presents a risk of injury to persons or damage
to Harmony, Independence East,and Lakeview Parkor the general health,
safety or welfare of the public.
In additionto the foregoing, all of a portion of Harmony, Independence East,
and Lakeview Parkmay be closed for repair, remodeling,overseedingor
other maintenance. In the event of closure for such maintenance, TOWN shall
timely notify GNWSAofficials in order to minimize the impact on scheduling
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as much as reasonably possible.TOWN also reservesthe right to close all or
a portion of Harmony, Independence East,and Lakeview Parkduring
operational hours, and if resources are available, TOWN may offer
substitutions or alternatives for the use of Harmony, Independence East,and
Lakeviewor offer replacement premises or facilities.
During its first year of operation the Town will not allow play on Lakeview Park
prior to the 2016 Spring season and additionallybetween November 1, 2016
through April 1, 2016 as the new turfcannot be overseeded with Rye within
itsfirst year of installation.
5.02Parking:
During the term of thisAgreement, TOWN shall provide GNWSAwith
access to and use of both Harmony Park parking areas. The repair and
maintenance of such parking lotsshall remain the sole responsibility of the
TOWN.
VI.
GNWSAUSE OF TOWN PARK CONCESSION FACILITIES
6.01Schedule.
GNWSAshall have the right to use the concession facilities at
Harmony Parkduring the term of this Agreement.
6.02Sub-leasing Prohibited.
GNSWAshallutilize the concession facilities only for
the purpose of vending and/or sale of concessions, food, beverages, or
merchandise. GNWSAis strictly prohibited from leasing or sub-leasing the
concessions operation of any TOWN facility located on Harmony Park without
written permission from the Director of Parks and Recreation.
6.03As-Is Condition.
The GNWSAshall take Harmony, Independence East,and
Lakeview Parkon an as-is condition on the date of execution of this Agreement
and there shall be no obligation by the TOWN to make any other improvements
to the concession stands and/or any other Harmony, Independence East,and
Lakeview Parkfacilities. GNWSAshall not make any improvements or structural
changes to any TOWN concession facility without written permission by the
Director of Parks and Recreation.
VII.
GENERAL REQUIREMENTS APPLICABLE TO GNWSA
USE OF TOWN PROPERTY
7.01Immunity:
Nothing in this Agreement, or in any exhibit or attachment hereto,
shall be construed to affect, alter, or modify the immunity of either party under the
Texas Civil Practice and Remedies Code §§101.001 et seq. It is expressly
understood and agreed that in the execution of this Agreement, neither TOWN
nor GNWSAwaives, nor shall be deemed to waive, any immunity or defense that
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would otherwise be available to each against claims arising in the exercise of
governmental powers and functions.
7.02.Insurance:
During the term of this AgreementGNSWAshall obtain and
maintain, at its sole expense, general liability insurance with the minimum
amounts of $1,000,000 Bodily Injury Liability and $1,000,000 Property Damage
Liability while naming the TOWN of Trophy Club as an additional insured to
protect against potential claims arising out of the GNWSAs use of the Harmony,
Independence East,and Lakeview Park and the facilities. GNWSAshall furnish
TOWN with certificates of insurance evidencing its compliance with this
Paragraphat least ten (10) days prior to the commencement of the term of this
Agreement. Nothing contained herein shall be construed to grant any third party
rights or as a waiver of any governmental and/or public purpose of the operation
or use of all or a portion of Harmony, Independence East,and Lakeview Park.
7.03No Third Party Beneficiary:
For purposes of this Agreement, including its
intended operation and effect, the parties specifically agree and contract that: (1)
the Agreementonly affects matters/disputes between the parties to this
Agreement, and is in no way intended by the parties to benefit or otherwise affect
any third person or entity, notwithstanding the fact that such third person or
entities may be in a contractual relationship with TOWN or GNWSAor both; and
(2) the terms of this Agreementare not intended to release, either by contract or
operation of law, any third person or entity from obligations owing by them to
either TOWN or GNWSA. This Agreementshall not create any third-party
beneficiaries.
7.04Notice:
Each notice or other communication which may be or is required to be
given under this Agreementshall be in writing and shall be deemed to have been
properly given when delivered by e-mail or personally during the normal business
hours of the party to whom such communication is directed, or upon receipt when
sent by United States registered or certified mail, return receipt requested,
postage prepaid, to the following addresses as may be designated by the
appropriate party; however, each party has a right to designate a different
address by giving the other party fifteen (15) days prior written notice of such
designation:
If to GNWSA:
Matt Tibbitts
President, GNWSA
211 Durango Drive
Trophy Club, Texas 76262
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If to TOWN:
Adam AdamsTony Jaramillo
Director of Parks and Recreation
Town of Trophy Club
100 Municipal Drive1 Trophy Wood Drive
Trophy Club, Texas 76262
7.05Claims Against Parties
: Each party shall be responsible for defending and/or
disposing of all causes arising against the respective party as a result of its use
or occupation of Harmony, Independence East,and Lakeview Park. It is
expressly understood and agreed that in the execution of this Agreement, neither
TOWN nor GNWSAwaives, nor shall be deemed to waive, any immunity or
defense that would otherwise be available to each against claims arising in the
exercise of governmental powers and functions.
7.06Entire Agreement:
ThisAgreementcontains the entireagreementof the parties
hereto, and no other oral or written commitments shall have any force or effect if
not contained herein.
7.07Severability
: In case any one (1) or more of the provisions contained herein
shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision
thereof, and this Agreementshall be construed as if such invalidity, illegality or
unenforceable provision had never been contain herein.
7.08Authority
: The undersigned officers and/or agents are authorized to execute this
Agreementon behalf of the partieshereto, and each party hereto certifies to the
other that any necessary resolutions extending such authority have been duly
passed and are now in full force and effect.
7.09 Defective Conditions.
GNWSAshall promptly report to TOWN any defects or
dangerous conditions it discovers on or concerningHarmony, Independence
East,and Lakeview Parkor otherTOWN property, and shall cease any such use
until such defect or condition is repaired or cured, provided TOWN shall not have
an obligation to repair or cure any such defect of condition.
VIII.
TERMINATION
8.01Termination for Cause.
Upon the occurrence ofany one or more ofthe
followingevents, the Town in its sole discretion may elect to terminate this
Agreementuponten (10)days written noticeof defaultto GNWSA:
A.
The GNWSA fails to maintain a simple majorityof Board Members who reside
in Trophy Club or Roanoke and neither the position of President, Vice-
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President, Treasurer, Registrarnor the positionof Appeals and Discipline
Directorof GNWSA is held by a resident of the Town of Trophy Club; and
B.
GNWSAfails to take action to appoint a Trophy Club resident to at least one
(1) of the requiredpositions set forth in subsection A within sixty (60) days
after the date upon which none of the required positions are held by a Trophy
Club resident.
C.
GNWSA defaults by failing to timely remit payment to TOWN in accordance with the
provisions of this Agreement or otherwise defaults upon any one or more of its
obligations under this Agreement, and GNWSA has failed to remedy such default
within ten (10) days of the date of TOWNS written notice of default to GNWSA.
8.02Termination Without Cause.
Either party may terminate thisAgreementwith or
without cause, by giving sixty (60) days prior written notice of the date of
termination to the other party. Upon termination, all permanent improvements
shall remain the property of TOWN and all personal property shall remain the
property of the party paying for such personal property. Removal of personal
property or improvements shall be subject to the terms contained herein.
However, all personal property and improvements remaining on Harmony,
Independence East,and Lakeview Park property for sixty (60) days after the date
of termination of this Agreement shall become the personal property and
improvements of the TOWN.
IX.
REMEDIESAND PENALTIES
9.01Remedies.
No right or remedy granted or reserved to the parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each
shall be cumulative of every other right or remedy given hereunder. No covenant
or condition of this Agreementmay be waived without written consent of the
parties. Forbearance or indulgence by either party shall not constitute a waiver of
any covenant or condition to be performed pursuant to this Agreement.
9.02Penalties.
In addition to all other rights and remedies of TOWNunder the terms
of this Agreement and Town Ordinance, as a penalty for violation of any of the
terms or conditions of this agreement or of a Town Ordinance when such
violation results in damage to TOWN property or facilities, GNWSA shall pay the
actual cost of the repair of such damage plus a fifty dollar ($50.00) per hourfor
each TOWN staff person utilized to make the repair. Further, in addition to the
foregoing penalty and all other remedies legally availableto TOWN, In the event
that participants, guests or spectators at a GNWSA scheduled activity engage in
any action or behavior, whether intentional or negligent, that causes or results in
damage to TOWN property, GNWSA shall pay the actual cost of the repair of
such damage plus a fifty dollar ($50.00) fee per hour for each Town staff person
utilized to make the repair.
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9.03. Non-Compliance by Town.
In the event that GNWSAhas a claim that the
TOWN is not performing its obligations under this Agreement, GNWSAshall
provide written notice to the Director of Parks and Recreation in accordance with
Section 7.04 above, specifically stating the item(s) of non-compliance. The
Director shall have ten (10) calendar days to remedy the alleged non-
compliance. If the alleged non-compliance is not remediated within the ten (10)
calendar day period, GNWSAmay notify the Town Manager or designee in
writing within five (5) calendar days following the expiration of the initial ten (10)
day period. Within five (5) calendar days following the decision of the Town
Manager or designee, GNWSA may appeal to the Town Council Sports Sub-
Committee who shall review and make a recommendation to the Town Council at
the next regularly scheduled Town Council meeting. The decision of the Town
Council shall be final.
X.
APPLICABLE LAW
This Agreementis governed by the laws of the State of Texas; exclusive venue for any
action shall be in Denton County, Texas.
XI.
ASSIGNMENT
GNWSAshall not assign, sublet, subcontract or transfer all or a portion of its rights or
obligations under this Agreementwithout the prior written approval of the TOWN.
XII.
GENERAL REQUIREMENTS
12.01Financials.
GNWSAshall provide financials to theTownon or before the last
Monday in Februaryfor the previous Fall Season, and on or before the last
Monday in Augustfor the previous Spring Season.This requirement shall survive
termination and/or expiration of this Agreement.
st
12.02Reports.
On or before the twenty-first (21) day following the commencement of
the Spring Season and the Fall Season,GNWSAshall provide a written report
identifying the total number of GNWSAregistered players,the city of residence
for each such playerandthe associated age division for each such player.
st
12.03Board Members.
On or before the twenty-first (21) dayfollowing the
commencement of the Spring Season and the Fall Season,GNWSAshall
provide a list of the names and city of residenceforeach GNWSAboard
member.
12.04Background Checks.
GNWSAshall require that each person volunteering to
serve as a board member, head coach and/or an assistant coach, or in any other
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capacitypass a background check. Additionally, all adult refereesshall be
required to successfully pass a background check. GNWSA approved standards
for successful completion of a background check shall be provided to TOWN,
and any person failing to meet such standards shall not be allowed to volunteer,
serve or otherwise work for GNWSA in any manner or capacity.
GNWSA
By:________________________________
Matt Tibbitts, PresidentGNWSA
TOWN OF TROPHY CLUB, TEXAS
By:________________________________
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
By:__________________________
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
By:__________________________
Patricia A. AdamsJ. David Dodd III, Town Attorney
Town of Trophy Club, Texas
20162018 AmendedNon-Exclusive Use Agreement with GNWSAPage 12of 14
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ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DENTONandTARRANT §
This instrument was acknowledged before me on the _____ day of
C. Nick Sanders, MayorTOWN OF
___________________, 20162018by of the
TROPHY CLUB, TEXAS
, a home rule municipal corporation, on behalf of such
corporation.
______________________________
Notary Public in and for the
State of Texas
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the _____ day of
Matt Tibbitts, PresidentGNWSA,
___________________, 20162018by of the a
nonprofit corporation,on behalf of such corporation.
______________________________
Notary Public in and for the
State of Texas
Town CouncilPage 44 of 106Meeting Date: April 24, 2018
EXHIBIT A
(TOWN FIELDS & FACILITIES TO BE USED BY GNWSA)
HARMONY PARK
Fields#1-10
Concession Stand
Equipmentshed
Parkinglot #1
Parking lot #2
INDEPENDENCE PARK EAST
Parking lot at East only, Community Pool parking lot shall not be used during
soccer practice/games.
Southwest Multiuse Field
LAKEVIEW PARK
Fields #1-13
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Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-188-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:4/12/2018 In control:Town Council
On agenda:4/24/2018 Final action:
Title:Consider and take appropriate action regarding amending the Non-Exclusive Use Agreement between
the Town of Trophy Club and Trophy Club Roanoke Youth Baseball Association; and authorizing the
Mayor or his designee to execute all necessary documents (T. Jaramillo).
Attachments:Staff Report - TCRYBA Amended Non-Exclusive Use Agreement.pdf
TCRYBA Amended Non-Exclusive Use Agreement.pdf
DateVer.Action ByActionResult
Agenda Item No. 6:
ConsiderandtakeappropriateactionregardingamendingtheNon-ExclusiveUseAgreementbetweentheTownof
TrophyClubandTrophyClubRoanokeYouthBaseballAssociation;andauthorizingtheMayororhisdesigneetoexecute
all necessary documents (T. Jaramillo).
Town CouncilPage 46 of 106Meeting Date: April 24, 2018
To: Mayor and Town Council
From: Tony Jaramillo, Director of Parks and Recreation
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: TCR Youth Baseball Association – Amended Non-Exclusive Use Agreement
Town Council Meeting, April 24, 2018
Agenda Item:
Consider and take appropriate action regarding amending the Non-Exclusive Use Agreement
between the Town of Trophy Club and Trophy Club Roanoke Youth Baseball Association; and
authorizing the Mayor or his designee to execute all necessary documents (T. Jaramillo).
Explanation:
Staff revised and updated the Non-Exclusive Use Agreement between the Town of Trophy Club
and Trophy Club Roanoke Youth Baseball Association.
Summary of Amendments:
Changed commencement date to May 1, 2018;
Added condition for the Town to have right to rent one (1) field to residents; and
Corrected Town Hall address and various names throughout the agreement
Attachments:
TCRYBA Amended Non-Exclusive Use Agreement
Recommendation:
Staff recommends Council approve the Amended Non-Exclusive Use Agreement with Trophy
Club Roanoke Youth Baseball Association.
Page 1 of 1
Town CouncilPage 47 of 106Meeting Date: April 24, 2018
THE STATE OF TEXAS§
§
COUNTY OF DENTON §
AMENDED NON-EXCLUSIVE USE AGREEMENT BY AND BETWEEN
THE TOWN OF TROPHY CLUB
AND THE TCR YOUTH BASEBALL ASSOCIATION
THIS AMENDED NON-EXCLUSIVE USE AGREEMENTis made and entered
into by and between the TOWN OF TROPHY CLUB, TEXAS (hereinafter referred to as
TOWN), acting by and through its Mayor or designee, and the TCR Youth Baseball
Association (hereinafter referred to as TCRYBA), acting by and through the President
its Board of Directors, or designee, (hereinafter Agreement).
WITNESSETH:
WHEREAS,
the TOWN owns and maintains TOWN parks and sportsfacilities on
Independence (hereinafter Independence Park); and
WHEREAS,
the TCRYBAis comprised of various youth baseball teams for baseball
play; and
WHEREAS,
the TCRYBAdesires to use the TOWN parks and facilities as specifically
identified hereinbelow; and
WHEREAS,
Capital improvement costparticipation and other partnership opportunities
shall be pursued and shared by Town and TCRYBAas expressly set forth
in this Agreement; and
WHEREAS,
TCRYBAand TOWN agree that it serves their best interests to work with
TOWN; and
WHEREAS,
TCRYBAand TOWN agree that the properties and facilities identified
herein shall be used by TCRYBA solely for the purpose of providing
baseball use for the members of the TCRYBA; and
WHEREAS,
the parties agree that this Agreement supersedes any and all prior written
and/or oral agreements for use of Independence Park, and by execution of
this Agreement, the parties agree and intend that this Agreement shall
exclusively govern TCRYBAs use of Independence Park.
NOW THEREFORE, FOR AND IN CONSIDERATION
of the above and
foregoing premises, the benefits flowing to each of the parties hereto, and other good
and valuable consideration, TOWN and TCRYBAdo hereby agree as follows:
Town CouncilPage 48 of 106Meeting Date: April 24, 2018
I.
INCORPORATION OF PREMISES / TERM
1.01Incorporation of Premises.
The foregoing premises to this Agreementare
incorporated herein for all purposes as if set out herein verbatim.
1.02Term.
The term of this Agreementshallcommence on February 1,2016May 1,
2018and shall end on January 31,20172019,unless otherwise terminated as
provided herein. After the initial term has expired, this contract will automatically
renew for three (3)additional terms of one (1) yeareach, provided that such
renewal is not contested by either party within sixty (60) days of the contracts
expiration date.
II.
INDEPENDENCE PARK / CONSIDERATION
2.01Independence Park.
TOWN, under the terms and conditions provided herein,
shall allow TCRYBAthe non-exclusive use ofIndependence Park and facilities
within the park as specifically identified in Exhibit A, a copy of which is attached
hereto and incorporated herein, for athletic and sporting events, to wit, baseball
events.
2.02Consideration.
In addition to the fees otherwise provided herein, for the Spring,
Season and the Fall Season (defined below), TCRYBA shall assess and collect a
fee for each child who does not live within the corporate limits of the Town of
Trophy Club or the City of Roanoke. Such fee shall be thirty dollars ($30.00) per
child for each child who enrolls in the recreation division of the TCRYBA baseball
program and forty dollars ($40.00) per child for each child who enrolls in the
select division of the TCRYBA baseball program. No later than the twenty-first
st
(21) day after the commencement of regular season game play for the Spring
Season and for the Fall Season, TCRYBA shall remit to Town all such fees
collected and shall provide the written report required by Section 12.02 of this
Agreement.
In further consideration for the use of Independence Park,TCRYBAhereby
agrees to provide a proposed use schedule (which specifically identifies
complexes and fields to be used) to the TOWN at least seven (7) days before the
commencement of each seasonal practice schedule and at least fifteen (15) days
prior to each regular season game schedule. In the event of changes in the game
and or practice schedule, TCRYBAshall provide TOWN with a written notice at
least seventy-two (72) hours prior to the proposed change. Acceptance of the
proposed changes shall be within the sole discretion of the Town; provided
however, that acceptance shall not be unreasonably withheld.
20152018 Amended Non-Exclusive Use Agreement with TCRYBAPage 2 of 14
Town CouncilPage 49 of 106Meeting Date: April 24, 2018
III.
USE SCHEDULING/REGISTRATION
3.01RegularSeason
.The Spring Season shall run from the first week of February
through the fourth week of June and the Fall Season shall run from thesecond
week of August through the fourth week of November, and shall includetryouts,
all practice and league games, tournaments and make-up games.
3.02Tournaments.
Upon thirty (30) days written notice and approval of proposed
scheduling by TOWN, TCRYBAshall be allowed to schedule the Recreation All-
Star Tournamentfor no cost during the Spring Season.For any additional
tournaments, TCRYBA shall pay tournament fees as outlined in the applicable
Schedule of Fees adopted by TOWN.
3.03Scheduling.
TOWN and TCRYBAagree that scheduling of additional games
and practices on dates not contained in the TOWN approved schedule shall not
be permitted unless these additional times are mutually agreed to in writing by
the TOWN and TCRYBA, and if allowed, there shall beno additional cost to
TCRYBA.Use of Independence Parkshall be limited to the sports games and
contests scheduled by TCRYBA, and TCRYBAshall provide written notice of
scheduling to the Parks and Recreation Department in accordance with the time
TCRYBAshall provide one point of
frames set forth in this Agreement.
contact for all scheduling of Independence Park.
No TCRYBAtournaments
Independence Park
and/or use of by TCRYBA, other than that expressly
provided for under a TOWN approved schedule, shall be allowed by the TOWN.
Weather days, rain days, or suspension of play may require rescheduling of
events. TCRYBAshall provide written notice of such rescheduling requests to the
seventy-two (72) hours
Parks and Recreation Department at least in advance
of the proposed schedule change.
The TOWN shall schedule one (1) day per week for each field on which TCRYBA
will not be allowed use ofat Independence Park for either practice or games. The
proposed schedule shall be submitted to TCRYBA thirty (30) days prior to the
commencement of regular season practice for both the Spring Season and for
the Fall Season.
The Town reserves the right to rent one (1) field to Trophy Club residents only for
a total of 4 hours or less at Independence Park West on Sundays during regular
season only. The baseball fields at Independence Park East will not be available
to rent with the exception of the multiuse fields. Trophy Club residents shall pay
applicable fees according to the Towns Schedule of Fees.
The Town reserves the right to use any field or facility located atIndependence
Park for purposes other than baseball upon submitting the scheduled use to
TCRYBA ninety(90)days prior to that use.
.
20152018 Amended Non-Exclusive Use Agreement with TCRYBAPage 3 of 14
Town CouncilPage 50 of 106Meeting Date: April 24, 2018
3.04Registration.
During the registration period for both the Spring Season and the
TCRYBA
Fall Season,shall providepriority registration for residents of the Town
of Trophy Club and the City of Roanoke by establishing a minimum of a three(3)
week period of time at the commencementof the registration period when only
residents of Trophy Club and residents of Roanoke may registerfor theseason.
At the end of the priority registration period, registration shall also be openedto
residents of other communities. Additionally, in order for the TOWN to control
field usage and to establish capacity limits for field usage, TCRYBA shallrestrict
the maximum number of participants allowed to register based upon the
maximum number ofweeklypractice slots available.
IV.
MAINTENANCE RESPONSIBILITIES
4.01TOWN Maintenance Responsibilities.
TOWN shall be responsible for routine
maintenance of Independence Park, including the following:
watering;
1.
loose trash and debris removal on grounds and common areas;
2.
mowing;
3.
over-seeding(as needed/allowed);
4.
fertilization;
5.
aerification;
6.
top dressing;
7.
turf management
8.
irrigation;
9.
striping of game fields, for TCRYBA scheduled games and tournaments;
10.
restrooms;
11.
lighting; and
12.
other similar maintenance items.
13.
4.02Repairs.
TOWN shall have the sole discretion to determine nature and timing of
repairs and shall have the sole duty and responsibility for making repairs to all
permanent improvements owned by the TOWN such as fencing, buildings,
lighting, or other permanent structural improvements uponIndependence Park.
4.03TOWN Alterations.
TOWN shall be permitted and shall have the right to make,
at its own expense, all alterations or additions to all or any portion of
Independence Parkas the TOWN determines appropriate in its sole discretion,
notwithstanding any conflicting provision of this Agreement.
20152018 Amended Non-Exclusive Use Agreement with TCRYBAPage 4 of 14
Town CouncilPage 51 of 106Meeting Date: April 24, 2018
4.04TCRYBAMaintenance and Other Responsibilities:
TCRYBAshall be
responsible for the following:
A.Maintenance and Improvements Generally.
Maintenance or improvements
in addition to those provided by TOWN pursuant to this Section, shall be the
responsibility of TCRYBAand shall only be allowed upon the prior written
approval ofTOWN.
B.Field Maintenance
:TCRYBAthrough their President or designee shall
promptly notify the TOWN of all field maintenance requests, requests for
additional services or the existence of unsafe conditions by providing written
notice to the Park Superintendent and/or designee.
C.Bagged Trash:
TCRYBA shallbe responsible for emptying all trash
receptacles and properly disposing of all bagged trash that accumulatesat
facilities utilized by TCRYBA during regular season game play.
4.05TCRYBAAlterations.
TCRYBAshall not move, alter or remove, in whole or in
part, any improvement, fixed or movable, upon Independence Park, including
without limitation bleachers, without first obtaining the express written permission
of the TOWN and then only in the event that the move, alteration or removal will
not subject such improvements or Independence Parkto damage. Any such
move, alteration or removal shall be at the sole expense of TCRYBA.
4.06Council Updates.
An officer of the TCRYBABoard shall attend a Town Council
meeting and shall provide an update to the Town Council within thirty (30) days
after the last day of regular season play for both the Fall Season and the Spring
Season.
4.07Ex-Officio Member.
The Parks and Recreation Director or designee shall serve
as an ex-officio member of the Board of Directors of the TCRYBA. TCRYBA shall
email board meeting agendas to the Parks and Recreation Director or designee a
minimum of seventytwo (72) hours prior to each such TCRYBA Board meeting.
4.08PartnershipOpportunities.
TCRYBAshall diligently pursue anyactions or
opportunitiesthat will reduce the maintenance and operational costs of both
TCRYBAand TOWN, including without limitation, additional tournaments, capital
improvement initiativesand other TOWN authorized activities.
4.09Events.
TOWN and TCRYBAagree and understand that there is a benefit in
combining resources and participation in TOWN sponsored events. TCRYBA
agrees to work with TOWN in the joint scheduling and promotion of TOWN
events as practicable for both parties.
20152018 Amended Non-Exclusive Use Agreement with TCRYBAPage 5 of 14
Town CouncilPage 52 of 106Meeting Date: April 24, 2018
V.
Rules and Regulations / Closure/ Parking
5.01TOWN Regulations
. TCRYBAunderstands and agrees that its use of the
Independence Parkshall be allowed only in accordance with TOWN ordinances,
guidelines and regulations, including without limitation the following:
A.Athletic Facility Rainout Procedures
: During questionable weather periods,
field playability status will be posted on the TOWNS field conditions line by
12:00p.m. weekdays and by 7:00 a.m. Saturdays, Sundays, and Holidays by
TOWNS Parks Superintendent and/or designee. Emergency contact
numbers shall be distributed to TCRYBAdesignated officials prior to season
start. The field conditions line shall be updatedas soon as possible when field
conditions change status.
B.Field Closure Policy and Procedure
:TCRYBAshall cancel, delay or
postponeany games, tournaments, practices, scrimmages, campsor other
activitiesif severe weather conditions are present and/or when TOWN notifies
TCRYBA that supplemental watering will be conducted.Notwithstanding the
terms of this Agreement, TOWN, in its sole discretion, retains the right to
close any or all of Independence Parkthat isthe subject of thisAgreement.
The Park Superintendentand/or designee, at their sole discretion, may close
Independence Parkand suspend play at any time if, in TOWNS sole
discretion, it is determined that continued use presents a risk of injury to
persons or damage to Independence Parkor the general health, safety or
welfare of the public.
In additionto the foregoing, all of a portion of Independence Parkmay be
closed for repair, remodeling,overseedingor other maintenance. In the event
of closure for such maintenance, TOWN shall timely notify TCRYBAofficials
in order to minimize the impact on scheduling as much as reasonably
possible.TOWN also reserves the right to close all or a portion of
Independence Parkduring operational hours, and if resources are available,
TOWN may offer substitutions or alternatives for the use of Independence
Park or offer replacement premises or facilities.
5.02Parking:
During the term of thisAgreement, TOWN shall provide TCRYBAwith
access to and use of Independence Park east parking area. The repair and
maintenance of such parking lot shall remain the sole responsibility of the
TOWN.
VI.
TCRYBA USE OF TOWN PARK CONCESSION FACILITIES
6.01Schedule.
TCRYBAshall have the exclusive right to use the concession facilities
at Independence Park during the term of this Agreement.
20152018 Amended Non-Exclusive Use Agreement with TCRYBAPage 6 of 14
Town CouncilPage 53 of 106Meeting Date: April 24, 2018
6.02Subleasing Prohibited.
TCRYBAshallutilize the concession facilities only for
the purpose of vending and/or sale of concessions, food, beverages, or
merchandise. TCRYBAis strictly prohibited from leasing or sub-leasing the
concessions operation of any TOWN facility located on Independence Park
without written permission from the Director of Parks and Recreation.
6.03As-Is Condition.
The TCRYBAshall takeIndependence Parkon an as-is
condition on the date of execution of this Agreementand there shall be no
obligation by the TOWN to make any other improvements to the concession
stands and/or any other Independence Parkfacilities. TCRYBAshall not make
any improvements or structural changes to any TOWN concession facility without
written permission by the Director of Parks and Recreation.
VII.
GENERAL REQUIREMENTS APPLICABLE TO TCRYBA
USE OF TOWN PROPERTY
7.01Immunity:
Nothing in this Agreement, or in any exhibit or attachment hereto,
shall be construed to affect, alter, or modify the immunity of either party under the
Texas Civil Practice and Remedies Code §§101.001 et seq. It is expressly
understood and agreed that in the execution of this Agreement, neither TOWN
nor TCRYBAwaives, nor shall be deemed to waive, any immunity or defense
that would otherwise be available to each against claims arising in the exercise of
governmental powers and functions.
7.02.Insurance:
During the term of this AgreementTCRYBAshall obtain and
maintain, at its sole expense, general liability insurance with the minimum
amounts of $1,000,000 Bodily Injury Liability and $1,000,000 Property Damage
Liability while naming the TOWN of Trophy Club as an additional insured to
protect against potential claims arising out of the TCRYBAs use of the
Independence Park and the facilities. TCRYBAshall furnish TOWN with
certificates of insurance evidencing its compliance with this Paragraphat least
ten (10) days prior to the commencement of the term of this Agreement. Nothing
contained herein shall be construed to grant any third party rights or as a waiver
of any governmental and/or public purpose of the operation or use of all or a
portion of Independence Park.
7.03No Third Party Beneficiary:
For purposes of this Agreement, including its
intended operation and effect, the parties specifically agree and contract that: (1)
the Agreementonly affects matters/disputes between the parties to this
Agreement, and is in no way intended by the parties to benefit or otherwise affect
any third person or entity, notwithstanding the fact that such third person or
entities may be in a contractual relationship with TOWN or TCRYBAor both; and
(2) the terms of this Agreementare not intended to release, either by contract or
operation of law, any third person or entity from obligations owing by them to
20152018 Amended Non-Exclusive Use Agreement with TCRYBAPage 7 of 14
Town CouncilPage 54 of 106Meeting Date: April 24, 2018
either TOWN or TCRYBA. This Agreementshall not create any third-party
beneficiaries.
7.04Notice:
Each notice or other communication which may be or is required to be
given under this Agreementshall be in writing and shall be deemed to have been
properly given when delivered by e-mail or personally during the normal business
hours of the party to whom such communication is directed, or upon receipt when
sent by United States registered or certified mail, return receipt requested,
postage prepaid, to the following addresses as may be designated by the
appropriate party; however, each party has a right to designate a different
address by giving the other party fifteen (15) days prior written notice of such
designation:
If to TCRYBA:
John Watson
TCRYouth Baseball Association
PO Box 1568
Roanoke,Texas 76262
If to TOWN:
Adam AdamsTony Jaramillo
Director of Parks and Recreation
Town of Trophy Club
100 Municipal Drive1 Trophy Wood Drive
Trophy Club, Texas 76262
7.05Claims Against Parties
: Each party shall be responsible for defending and/or
disposing of all causes arising against the respective party as a result of its use
or occupation of Independence Park. It is expressly understood and agreed that
in the execution of this Agreement, neither TOWN nor TCRYBAwaives, nor shall
be deemed to waive, any immunity or defense that would otherwise be available
to each against claims arising in the exercise of governmental powers and
functions.
7.06Entire Agreement:
ThisAgreementcontains the entireagreementof the parties
hereto, and no other oral or written commitments shall have any force or effect if
not contained herein.
7.07Severability
: In case any one (1) or more of the provisions contained herein
shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision
thereof, and this Agreementshall be construed as if such invalidity, illegality or
unenforceable provision had never been contain herein.
20152018 Amended Non-Exclusive Use Agreement with TCRYBAPage 8 of 14
Town CouncilPage 55 of 106Meeting Date: April 24, 2018
7.08Authority
: The undersigned officers and/or agents are authorized to execute this
Agreementon behalf of the partieshereto, and each party hereto certifies to the
other that any necessary resolutions extending such authority have been duly
passed and are now in full force and effect.
7.09Defective Conditions.
TCRYBAshall promptly report to TOWN any defects or
dangerous conditions it discovers on or concerningIndependence Park or other
TOWN property, and shall cease any such use until such defect or condition is
repaired or cured, provided TOWN shall not have an obligation to repair or cure
any such defect of condition.
VIII.
TERMINATION
8.01Termination for Cause.
Upon the occurrence ofany one or more ofthe
followingevents, the Town in its sole discretion may elect to terminate this
Agreementuponten (10)days written noticeof defaultto TCRYBA:
A.The TCRYBA fails to maintain a simple majority of Board Members who
reside in Trophy Club or Roanoke and neither the position of President, Vice-
Presidentof Recreation, Treasurernor the position of Secretaryof TCRYBA
is held by a resident of the Town of Trophy Club; and
B.TCRYBAfails to take action to appoint a Trophy Club resident to at least one
(1) of the requiredpositions set forth in subsection Awithin sixty (60) days
after the date upon which none of the required positions are held by a Trophy
Club resident.
C.TCRYBA defaults by failing to timely remit payment to TOWN in accordance
with the provisions of this Agreement or otherwise defaults upon any one or
more of its obligations under this Agreement, and TCRYBA has failed to
remedy such default within ten (10) days of the date of TOWNS written notice
of default to TCRYBA.
8.02Termination Without Cause.
Either party may terminate thisAgreementwith or
without cause, by giving sixty (60) days prior written notice of the date of
termination to the other party. Upon termination, all permanent improvements
shall remain the property of TOWN and all personal property shall remain the
property of the party paying for such personal property. Removal of personal
property or improvements shall be subject to the terms contained herein.
However, all personal property and improvements remaining on Independence
Park property for sixty (60) days after the date of termination of this Agreement
shall become the personal property and improvements of the TOWN.
20152018 Amended Non-Exclusive Use Agreement with TCRYBAPage 9 of 14
Town CouncilPage 56 of 106Meeting Date: April 24, 2018
IX.
REMEDIESAND PENALTIES
9.01Remedies.
No right or remedy granted or reserved to the parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each
shall be cumulative of every other right or remedy given hereunder. No covenant
or condition of this Agreementmay be waived without written consent of the
parties. Forbearance or indulgence by either party shall not constitute a waiver of
any covenant or condition to be performed pursuant to this Agreement.
9.02Penalties.
In addition to all other rights and remedies of TOWN under the terms
of this Agreementand Town Ordinance, as a penalty for violation of any of the
terms or conditions of this Agreement or of a Town Ordinance when such
violation results in damage to TOWN property or facilities, TCRYBA shall pay the
actual cost of the repair of such damage plus a fifty dollar ($50.00) fee per hour
for each TOWN staff person utilized to make the repair. Further, in addition to the
foregoing penalty and all other remedies legally available to TOWN, in the event
that participants, guests or spectators at a TCRYBA scheduled activity engage in
any action or behavior, whether intentional or negligent, that causes or results in
damage to TOWN property, TCRYBA shall pay the actual cost of the repair of
such damage plus a fifty dollar ($50.00) fee per hour for each TOWN staff person
utilized to make the repair.
X.
APPLICABLE LAW
This Agreementis governed by the laws of the State of Texas; exclusive venue for any
action shall be in Denton County, Texas.
XI.
ASSIGNMENT
TCRYBAshall not assign, sublet, subcontract or transfer all or a portion of its rights or
obligations under this Agreementwithout the prior written approval of the TOWN.
20152018 Amended Non-Exclusive Use Agreement with TCRYBAPage 10of 14
Town CouncilPage 57 of 106Meeting Date: April 24, 2018
XII.
GENERAL REQUIREMENTS
12.01Financials.
TCRYBA shall provide financials to theTownon or before the last
Monday in Februaryfor the previous Fall Season, and on or before the last
Monday in Augustfor the previous Spring Season.This requirement shall survive
termination and/or expiration of this Agreement.
st
12.02Reports.
On or before the twenty-first (21) day following the commencement of
the Spring Season and the Fall Season,TCRYBA shall provide a written report
identifying the total number of TCRYBA registered players,the city of residence
for each such player, the associated age division for each such player, and the
classification of the player as a member of a recreation team or a select team.
st
12.03Board Members.
On or before the twenty-first (21) dayfollowing the
commencement of the Spring Season and the Fall Season, TCRYBA shall
provide a list of the names and city of residenceforeach TCRYBA board
member.
12.04Background Checks.
TCRYBA shall require that each person volunteering to
serve as a board member, head coach and/or an assistant coach, or in any other
capacitypass a background check. Additionally, all adult umpires shall be
required to successfully pass a background check. TCRYBA approved standards
for successful completion of a background check shall be provided to TOWN,
and any person failing to meet such standards shall not be allowed to volunteer,
serve or otherwise work for TCRYBA in any manner or capacity.
TCR YOUTH BASEBALLASSOCIATION
By:________________________________
John Watson, President
TCR Youth Baseball Association
20152018 Amended Non-Exclusive Use Agreement with TCRYBAPage 11of 14
Town CouncilPage 58 of 106Meeting Date: April 24, 2018
TOWN OF TROPHY CLUB, TEXAS
By:________________________________
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
By:________________________________
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
By:________________________________
Patricia A. AdamsJ. David Dodd III, Town Attorney
Town of Trophy Club, Texas
20152018 Amended Non-Exclusive Use Agreement with TCRYBAPage 12of 14
Town CouncilPage 59 of 106Meeting Date: April 24, 2018
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the _____ day of
C. Nick Sanders, MayorTOWN OF
___________________, 20152018by of the
TROPHY CLUB, TEXAS
, a home rule municipal corporation, on behalf of such
corporation.
______________________________
Notary Public in and for the
State of Texas
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the _____ day of
John Watson, PresidentTCRYOUTH
___________________, 20152018by of the
BASEBALL ASSOCIATION,
a nonprofit corporation,onbehalf of such corporation.
______________________________
Notary Public in and for the
State of Texas
20152018 Amended Non-Exclusive Use Agreement with TCRYBAPage 13of 14
Town CouncilPage 60 of 106Meeting Date: April 24, 2018
EXHIBIT A
(TOWN FIELDS & FACILITIES TO BE USED BY TCRYBA)
INDEPENDENCE PARK
Field #1
Field #2
Field #3
Field #4
Field #5
Field #6
Field #7
Batting cages
T-ball practice field
Concession #1
Concession #2
Parking
20152018 Amended Non-Exclusive Use Agreement with TCRYBAPage 14of 14
Town CouncilPage 61 of 106Meeting Date: April 24, 2018
Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-145-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:3/27/2018 In control:Town Council
On agenda:4/10/2018 Final action:
Title:Consider and take appropriate action regarding a Proclamation of the Town Council recognizing May
3, 2018 as Day of Prayer in Trophy Club; and providing an effective date (Mayor Sanders).
Attachments:PRO 2018-06 - Day of Prayer.pdf
DateVer.Action ByActionResult
Agenda Item No. 7:
ConsiderandtakeappropriateactionregardingaProclamationoftheTownCouncilrecognizingMay3,2018asDayof
Prayer in Trophy Club; and providing an effective date (Mayor Sanders).
Town CouncilPage 62 of 106Meeting Date: April 24, 2018
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2018-06
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWNOF TROPHY
CLUB, TEXAS, RECOGNIZINGMAY 3, 2018 ASDAY OF PRAYER IN
TROPHY CLUB; RECOGNIZING THAT 2018 IS THE 67TH CONSECUTIVE
ANNUAL OBSERVANCE OF THE NATIONAL DAY OF PRAYER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
public prayer and national days of prayer have a long and significant
history in American tradition dating back to the first call to prayer in 1775 when the
Continental Congress asked the colonies to pray for wisdom in forming a nation; and
WHEREAS,
these times of national supplication were made official in 1952 when
President Harry Truman signed a joint resolution of the U.S. Congress which enacted
legislation setting aside an annual day of prayer for the nation, and in 1988 this law was
amended permanently setting the day as the first Thursday of every May; and
WHEREAS,
the National Day of Prayer is a vital part of our nations heritage as it
enables us to recall and teach the way in which our forefathers sought the wisdom of God
when faced with critical decisions, thus reaffirming the spiritual principles upon which this
nation was founded; and
WHEREAS,
the National Day of Prayer belongs to all Americans and is a day that
transcends differences, bringing together citizens from all backgrounds to honor God, to seek
His guidance for our leaders and His grace upon us as a people, and to give Him thanks for
the many liberties and blessings we have received, among them the freedom to gather,
worship and pray; and
th
WHEREAS,
Thursday, May 3, 2018, is the 67 Observance of the National Day of
th
Prayerin our nationand simultaneously the 26consecutive observance for the citizens in
Prayfor America: UNITY
this 76262 community, having as its themefor this year:, based
upon Ephesians 4:3,"Making every effort to keep the unity of the Spirit through the bond
of peace."; and
WHEREAS,
on this National Day of Prayer we come together as leaders and citizens
in unity as one nationunder Godto seekHis divine guidance, protection, blessings and
strength to meet the challenges that we face both present and future, and to pray for peace
throughout our nation and the world.
NOW, THEREFORE,
I,C.Nick Sanders,in conjunction with the Town Council of the
Town of Trophy Club, Texas by the Power vested in me as Mayor of Trophy Club,hereby
proclaim Thursday, May 3, 2018, as a DAY OF PRAYER in Trophy Club to coincide with the
NATIONAL DAY OF PRAYER and that this proclamation shall take effect from and afterits
date of passage, in accordance with law; and it is so proclaimed.
PASSED AND APPROVED
by the Town Council of the Town of Trophy Club, Texas
this 24th day of April 2018.
_______________________________ ________________________________
Holly Fimbres, Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town CouncilPage 63 of 106Meeting Date: April 24, 2018
Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-175-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:4/9/2018 In control:Town Council
On agenda:4/24/2018 Final action:
Title:Receive an update from Town Staff and take appropriate action regarding Town maintained property
with acquisition potential for adjacent property owners (T. Jaramillo).
Attachments:Staff Report - Town Maintained Property.pdf
The Woods Aerial.pdf
Eagles Ridge Aerial.pdf
Milsons Point Drive Aerial.pdf
The Lakes Trail Aerial.pdf
31 Creekmere Aerial.pdf
31 Creekmere Gabion Wall and Wrought Iron Fence Photographs.pdf
Sonora Drive Aerial.pdf
Village West Aerial.pdf
Highlands Court Aerial.pdf
DateVer.Action ByActionResult
Agenda Item No. 8:
ReceiveanupdatefromTownStaffandtakeappropriateactionregardingTownmaintainedpropertywithacquisition
potential for adjacent property owners (T. Jaramillo).
Town CouncilPage 64 of 106Meeting Date: April 24, 2018
To: Mayor and Town Council
From: Tony Jaramillo, Director of Parks and Recreation
CC: Thomas M. Class Sr., Town Manager
Holy Fimbres, Town Secretary/RMO
Re: Town Maintained Property with Acquisition Potential
Town Council Meeting, April 24, 2018
Agenda Item:
Receive an update from Town Staff and take appropriate action regarding Town maintained
property with acquisition potential for adjacent property owners (T. Jaramillo).
Explanation:
As discussed during the June 27, 2017 and October 24, 2017 Council Meetings, Park staff
previously maintained multiple common areas that were either “privately owned or “Town-
owned with acquisition potential for adjacent property owners. Park staff no longer performs
maintenance on “privately owned” properties following the issuance of notification letters to
the affected property owners.
Pursuant to Council direction on October 24, 2017, as it relates to the below referenced Town
owned properties with acquisition potential, staff conducted additional research, spoke with
property owners, and engaged the services of Teague, Nall, and Perkins (TNP) to obtain survey
and appraisal costs which are described as follows:
The Woods: Located at the intersection of Trophy Club Drive and Michele Court, is
approximately 8,000 sq. ft. of turf area with two flower beds consisting of various perennials
and annuals. The area is currently maintained by (3) Park staff members on a weekly basis (40
cycles per year) requiring approximately three man-hours per cycle.
Initial staff comment and recommendation: The Woods was part of the Community
Improvement Association, which has been dissolved and necessitates that it be maintained by
the Town. In addition, adjacent property owners are separated from the ROW by a brick wall
which precludes direct access for maintenance purposes. Town staff will continue to maintain
all Town property.
Follow up: There is a Town owned water meter used to irrigate the turf between the brick wall
and the road, and an electric meter billed to the Town to operate the irrigation controller and
adjacent flood light for the subdivision sign at the entrance. The current homeowners are not
Page 1 of 4
Town CouncilPage 65 of 106Meeting Date: April 24, 2018
part of an HOA and do not have direct access to the property due to a brick wall, which further
complicates the issue. TNP estimates $7500.00 to survey five properties, and $3000.00 for an
appraisal.
Current staff recommendation: Staff recommends the Town continue to maintain The Woods
shoulder as there is no HOA in place to oversee the maintenance and no one entity to transfer
the water or electric meters to.
Eagles Ridge: Located on Skyline Drive, is approximately 12,000 sq. ft. of turf area with one
flower bedconsisting of various perennials and annuals. The area is currently maintained by (4)
Park staff members on a weekly basis (40 cycles per year) requiring approximately 2.5 man-
hour per cycle.
Initial staff comment and recommendation: According to Denton County records both
properties are considered parkland dedication to the Town. Town staff will continue to maintain
all Town property.
Follow up: Staff verified both properties were dedicated to the Town as open space on the
plat, and ensured DCAD records were correct.
Current staff recommendation: S taff will continue to maintain the property.
Lots South of 2876 & 2877 Milsons Point Drive: The two lots combined are approximately one
acre and currently being maintained by the Town through a private contractor, on an as needed
basis at $110.00 per cycle. (Approximately 8 – 12 times per year depending on rain)
Initial staff comment and recommendation: Both Milsons Point lots are owned by the Town
and considered to be of limited or no value. They are therefore subject to potential sale or
transfer to adjacent property owners. Letters were mailed to residents at 2876 and 2877
Milsons Point. Both residents have expressed interest in obtaining the properties through
transfer.
Follow up: Per Council request, staff met with representatives of the United States Army Corps
of Engineers who expressed no interest in acquiring the property based in part on the fact that
the property is partially located within the flood plain. Staff met adjacent property owners
who are interested in an acquisition. TNP estimates $5000.00 to survey the properties, and
$3000.00 for an appraisal.
Current staff recommendation: Staff recommends pursuing the transfer of property contingent
upon the adjacent property owners paying all costs associated with the transfer to include, but
not limited to surveys and re-platting.
Page 2 of 4
Town CouncilPage 66 of 106Meeting Date: April 24, 2018
The Lakes Trail: This location is approximately 1.2 acres of turf area, and is currently being
maintained by the Town through a private contractor on a bi-weekly basis (21 cycles per year)
at $100.00 per cycle.
Initial staff comment and recommendation: The Lakes Trail system was turned over to the
Town in a condemnation proceeding on October 31, 2003 which necessitates that it be
maintained by Town staff. Town staff will continue to maintain all Town property.
Follow up: Staff confirmed The Lakes Trail system was turned over to the Town in a
condemnation proceeding on October 31, 2003, and has since updated the records in DCAD to
reflect the Town’s ownership of Lots D, E, F and H.
Current staff recommendation: Town staff will continue to maintain the property.
Creekmere Drive at Indian Creek Drive: This location is private property located at 31
Creekmere Drive adjacent a box culvert, and not currently maintained by Park staff. Council
requested staff contact the property owner and pursue acquiring an easement for the
construction of an additional box culvert necessary to accommodate the 100-year flood plain.
Follow up: The property owner was contacted and expressed an interest in providing the
easement necessary to widen the creek and construct a fourth box culvert in exchange for the
construction of a new driveway, and installation of a gabion wall and wrought iron fence along
the creek bank. Estimates for the driveway and wrought iron fence were obtained and total
$6000.00. TNP estimates $1000.00 to survey the property, and $1000.00 for an appraisal.
Current staff recommendation: Staff recommends acquisition of the easement.
Lot on Sonora Drive/Village West: The lot on Sonora Drive is approximately 5,200 sq. ft. of turf
area and located east of 43 Sonora Drive and west of 6 Mesa Verde Court, it is currently being
maintained by the Town througha private contractor on a bi-weekly basis (21 cycles per year)
at $45.00per cycle.
Initial staff comment and recommendation: The Sonora Drive lot is owned by the Town and
considered to be of limited or no value. It is therefore subject to potential sale or transfer to
adjacent property owners. Letters were mailed to residents at 43 Sonora Drive and 6 Mesa
Drive and both have expressed an interest in acquiring the property.
Follow up: Staff requested additional time during the October 24, 2018 meeting to research
ownership records for adjacent property as a result of the 1993 TXDOT acquisition along SH 114
for the construction of a sound wall. Research determined that upon completion of the sound
wall, the subject property adjacent 43 Sonora Drive was separated from other property
originally maintained by the Community Improvement Association (CIA) but later transferred to
the Town. Another complicating factor is that over the years the remaining property owners
adjacent the sound wall have appropriated the Town’s property to their own use by placing
fencing up to the sound wall; thus eliminating access to staff for maintenance.
Page 3 of 4
Town CouncilPage 67 of 106Meeting Date: April 24, 2018
TNP estimates $3000.00 to survey the property adjacent 43 Sonora Drive and 6 Mesa Drive, and
$3000.00 for an appraisal.
Current staff recommendation: Staff recommends pursuing the transfer of property adjacent 43
Sonora Drive and 6 Mesa Drive contingent upon the adjacent property owners paying all costs
associated with the transfer to include, but not limited to surveys and re-platting. Staff also
recommends executing Quit Claim deeds with the remaining property owners with fences to the
sound wall, contingent upon the property owners paying all costs associated with the transfer to
include, but not limited to surveys and re-platting
Lot West of 2641 Highlands Court: This locationis approximately 1970 sq. ft. of common
space, and is currently being maintained by the Town through a private contractor on a
monthly basis (12 cycles per year) at $40.00 per cycle. This property abuts a gas well site and is
also adjacent a Municipal Utility District (MUD 1) lift station.
Follow up: Staff was contacted by the property owner of 2641 Highlands Court who expressed
an interest in the adjacent Town lot, and therefore this location was added for Council
consideration. TNP estimates $1500.00 to survey the property west of 2641 Highlands Court
and $2000.00 for an appraisal.
Current staff recommendation: The lot West of 2641 Highlands Court is owned by the Town and
is considered to be of limited or no value. Staff recommends pursuing the transfer of property
contingent upon the property owner paying all costs associated with the transfer to include, but
not limited to surveys and re-platting.
Recommendation:
Staff recommends approval as referenced above.
Attachments:
Aerial photographs
Gabion wall and wrought iron fence photographs (31 Creekmere Drive)
Page 4 of 4
Town CouncilPage 68 of 106Meeting Date: April 24, 2018
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Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-177-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:4/9/2018 In control:Town Council
On agenda:4/24/2018 Final action:
Title:Consider and take appropriate action regarding an Ordinance amending various Sections of Appendix
A, Fee Schedule, within the Town’s Code of Ordinances; and providing an effective date (T. Class).
Attachments:Staff Report - Appendix A Fee Schedule.pdf
ORD 2018-08 - Amending Appendix A Fee Schedule.pdf
DateVer.Action ByActionResult
Agenda Item No. 9:
ConsiderandtakeappropriateactionregardinganOrdinanceamendingvariousSectionsofAppendixA,FeeSchedule,
within the Town’s Code of Ordinances; and providing an effective date (T. Class).
Town CouncilPage 82 of 106Meeting Date: April 24, 2018
To: Mayor and Town Council
From: Thomas M. Class Sr., Town Manager
CC: Holly Fimbres, Town Secretary/RMO
Re: Amending Appendix A - Fee Schedule
Town Council Meeting, April 24, 2018
Agenda Item:
Consider and take appropriate action regarding an Ordinance amending various sections of
Appendix A, Fee Schedule, within the Town’s Code of Ordinances (T. Class).
Explanation:
Staff is seeking direction and approval to amend the Town’s Code of Ordinances; specifically
Appendix A, Fee Schedule. All departments completed a review of fees charged by the Town of
Trophy Club within approved Town ordinances, and compared those fees to the fees charged
by the 12 comparison municipalities utilized by HR for salary and benefit studies. These
comparison municipalities were chosen for their similarity in size, demographics, or
vision/expectations. Fees from all municipalities were compiled and a mean was determined.
Town of Trophy Club fees were then compared to the mean of the other municipalities to
determine the appropriateness of the current fee schedule or to recommend adjustments.
Attachments:
Ordinance No. 2018-08
Recommendation:
Staff recommends that the fee schedule be reviewed for necessary adjustments annually and
that proposed changes to Appendix A, Fee Schedule of the Town of Trophy Club Code of
Ordinances be approved.
Page 1 of 1
Town CouncilPage 83 of 106Meeting Date: April 24, 2018
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2018-08
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING SECTION A1.003, COMMUNITY DEVELOPMENT
DEPARTMENT, SECTION A1.004, PLANNING AND ZONING
DEPARTMENT, SECTION A1.005, ZONING BOARD OF ADJUSTMENT,
SECTION A1.006, ANIMAL CONTROL, SECTION A1.008, FIRE PLAN
REVIEW, SECTION A1.009, FIRE DIVISION, AND SECTION A1.012,
PARKS AND RECREATION AND SPECIAL EVENTS, OF ARTICLE
A1.000, GENERAL PROVISIONS, OF APPENDIX A, FEE SCHEDULE,
OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES TO
UPDATE FEES AND FOR GENERAL CLEAN-UP PURPOSES;
PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENTS; PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED
DOLLARS ($200.00) FOR EACH VIOLATION; PROVIDING AN
ENGROSSMENT AND ENROLLMENT CLAUSE;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
fees imposed by the Town are adopted via Ordinance and are
codified in Appendix A, Fee Schedule, of the Town of Trophy Club Code of Ordinances;
and
WHEREAS,
having reviewed the proposed cost adjustments, the Town Council
finds that the proposed fee adjustments are reasonable and necessary to pay the
administrative costs associated with providing services to the public; and
WHEREAS,
the Town Council hereby finds that amending Section A1.003,
Community Development Department, Section A1.004, Planning and Zoning
Department, Section A1.005, Zoning Board of Adjustment, Section A1.006, Animal
Control, Section A1.008, Fire Plan Review, Section A1.009, Fire Division, and Section
A1.012, Parks and Recreation and SpecialEvents, of Article A1.000, General
Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of
Ordinancesas further specified herein serves the best interests of the health, safety and
welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Town CouncilPage 84 of 106Meeting Date: April 24, 2018
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01
Subsections (f), (g), (i), (j), (m), (n), (o), (s), (u), (v), (y)(2), (cc), (dd), and (ee) of
Section A1.003, Community Development Department, of Article A1.000, General
Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of
Ordinances arehereby amendedas follows and all other subsections not expressly
mentioned hereafter shall remain the same:
APPENDIX A FEE SCHEDULE
ARTICLE A1.000 GENERAL PROVISIONS
. . .
SECTIONA1.003 COMMUNITY DEVELOPMENT DEPARTMENT
. . .
(f)Contractor registration:
(1)Master electrician: $125.00No fee.
(2)Mechanical: $125.00.
(3)Fire protection: No fee.
(4)Master plumber: No fee.
(5)Irrigation: $125.00.
(6)All license registration renewals (within 30 days of expiration date): $50.00.
(g)Demolition permit:$75.00$85.00.
. . .
(i)Electrical permit (small job single trade):$75.00No fee.
(j)Fence permit:$75.00$85.00.
. . .
(m)Incidental permit:$75.00$85.00.
ORD 2018-08Page 2 of 14
Town CouncilPage 85 of 106Meeting Date: April 24, 2018
(n)Inspections:
(1)Inspections outside of normal business hours (minimum charge - 2 hrs):
$75.00$85.00/hr.
(2)Reinspection fee:$75.00$85.00 first reinspection; $150.00 each additional
reinspection.
(3)For use of outside consultants for inspections: Actual costs.
(o)Irrigation permit:$75.00$85.00.
. . .
(s) Plumbing permit (small job single trade):$75.00$85.00.
. . .
(u)Re-roofing permit:$75.00$85.00.
(v) Sign permit:$75.00$125.00.
. . .
(y) Swimming pools:
. . .
(2)Pool electrical:$50.00No fee.
. . .
(cc) Expired permit reissuance fee:
(1)As per section 105.5105.3.2of the 20092015International Building Code, a
permit for any purposed work shall be deemed to be abandoned after 180
days of permit issuance, unless project completion has been pursued in good
faith since permit issuance; except that the building official is authorized to
grant one or more extensions of time, additional periods not to exceed 90
(ninety) days each. The extension shall be requested in writing and justifiable
cause demonstrated and the building official will approve or deny the request
in writing.
(2)A reissuance fee of 50% of the original building permit cost is required to
reactivate any expired permit where an extension was not requested and/or
approved.
(dd)Hotels license:
(1) Annual permit (for first unit):$75.00$85.00.
(2)Reinstatement license (for first unit):$75.00$85.00.
ORD 2018-08Page 3 of 14
Town CouncilPage 86 of 106Meeting Date: April 24, 2018
(3)Each additional guest room: $10.00.
(4)Reinspection:$75.00$85.00.
(ee)Civil plans review:$500.00Actual cost.
2.02
Subsection A1.004, Planning and Zoning Department, of Article A1.000, General
Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of
Ordinances is hereby amended in its entirety as follows:
APPENDIX A FEE SCHEDULE
ARTICLE A1.000 GENERAL PROVISIONS
. . .
Formatted:Numbered + Level: 1 +
NumberingStyle:1,2,3, … + Startat: 1 +
SECTIONA1.004PLANNING AND ZONING DEPARTMENT
Alignment:Left + Alignedat:0.25" + Indent
at:0.5"
(a)Prints
Formatted:Numbered + Level: 1 +
NumberingStyle:1,2,3, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
(a)(1)Comprehensive zoning ordinance: $15.00.
at:0.5"
Formatted:Numbered + Level: 1 +
NumberingStyle:1,2,3, … + Startat: 1 +
(b)(2)Subdivision regulations: $15.00.
Alignment:Left + Alignedat:0.25" + Indent
at:0.5"
(c)(3)Comprehensive land use plan: $15.00.
Formatted:Numbered + Level: 1 +
NumberingStyle:1,2,3, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
(d)(4)Park plan supplement to comprehensive land use plan: $5.00.
at:0.5"
Formatted:Numbered + Level: 1 +
(e)(5)Pathway plan supplement to comprehensive land use plan: $15.00.
NumberingStyle:1,2,3, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
at:0.5"
(f)(6)Design standards for paving, drainage and utility improvements: $25.00.
Formatted:Numbered + Level: 1 +
NumberingStyle:1,2,3, … + Startat: 1 +
(g)Maps:
Alignment:Left + Alignedat:0.25" + Indent
at:0.5"
(1)(7)Topographymap: $0.50/sheet.
Formatted:Numbered + Level: 1 +
NumberingStyle:1,2,3, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
(2)(8)Zoning map (11" x 17"): $0.50.
at:0.5"
Formatted:Numbered + Level: 1 +
(3)(9)Zoning map (24" x 36"): $5.00.
NumberingStyle:1,2,3, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
at:0.5"
(4)(10)Street map (11" x 17"): $0.50.
Formatted:Numbered + Level: 1 +
NumberingStyle:1,2,3, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
(h)(b)Engineering review: Actual cost.
at:0.5"
Formatted:Indent:Hanging:0.5",Numbered
(1)Amended plat: $110.00 per hour.
+ Level: 1 + NumberingStyle:a, b, c, … +
Startat: 1 + Alignment:Left + Alignedat:
0.25" + Indentat:0.5"
ORD 2018-08Page 4 of 14
Town CouncilPage 87 of 106Meeting Date: April 24, 2018
(2)Replat: $110.00 per hour.
(3)Short form plat: $110.00 per hour.
(4)Preliminary plat: $110.00 per hour.
(5)Final plat (includes construction plans): $110.00 per hour.
(6)Developer's agreement: $110.00 per hour.
(7)Civil plans: $110.00 per hour.
(8)Supplemental reviews resulting from plan revisions: $110.00 per hour.
(i)(c) Developer's inspection fee:
Formatted:Numbered + Level: 1 +
NumberingStyle:a, b, c, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
(1)Inspection of utilities, infrastructure: 5%of contract price.
at:0.5"
(j)(d)Subdivider's agreement:
Formatted:Numbered + Level: 1 +
NumberingStyle:a, b, c, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
(1)Revisions/review by staff (including town attorney): $300.00.
at:0.5"
(2)Initial review: $75.00 per hour.
(k)(e)Update to official zoning map:$75.00 per hourActual cost.
Formatted:Numbered + Level: 1 +
NumberingStyle:a, b, c, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
(l)(f)Meritorious exception: $100.00.
at:0.5"
Formatted:Numbered + Level: 1 +
(m)Fence/retaining wall waiver or special exception:$100.00.
NumberingStyle:a, b, c, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
at:0.5"
(n)(g)Drilling permits:
Formatted:Numbered + Level: 1 +
NumberingStyle:a, b, c, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
(1)Specific use permit for new petroleum or gas well: $2,000.00.
at:0.5"
Formatted:Numbered + Level: 1 +
(2)Transfer of permit if well is sold: $150.00.
NumberingStyle:a, b, c, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
at:0.5"
(3)Exploration permit: $100.00.
(4)Gas well permit: $1,000.00.
(5)Oil well permit: $1,000.00.
(6)Pipeline inspection: 3% of the value of the pipeline.
(7)Extraction observation: $300.00.
ORD 2018-08Page 5 of 14
Town CouncilPage 88 of 106Meeting Date: April 24, 2018
(8)Reinspection fee: $45.00.
(9)Acceptance inspection of completed well: $300.00.
(10)Additional services from third-party consultant:$250.00 per hourActual cost.
(11)Additional services from third-party inspector:$250.00 per hourActual cost.
(o)(h)Zoning change request:
Formatted:Numbered + Level: 1 +
NumberingStyle:a, b, c, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
(1)Straight zoning: $300.00 + $10.00/lot (residential).
at:0.5"
(2)Straight zoning: $300.00 + $15.00/acre (nonresidential).
(3)PD (residential): $500.00 + $10.00/lot.
(4)PD (nonresidential): $500.00 + $15.00/acre.
(5)Amendment to planned development ordinance: $500.00.
Formatted:Indent:Left:0.31",Hanging:
0.44",Numbered + Level: 1 + NumberingStyle:
1,2,3, … + Startat: 1 + Alignment:Left +
(p)(i)Conditional use permit: $300.00 + $15.00/acre.
Alignedat:0.5" + Indentat:0.9"
Formatted:Numbered + Level: 1 +
(q)(j)Temporary use permit:$50.00$100.00.
NumberingStyle:a, b, c, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
at:0.5"
(r)(k) Specific use permit: $300.00 + $15.00/acre.
Formatted:Numbered + Level: 1 +
NumberingStyle:a, b, c, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
(s)(l)Specific use permit for sale alcoholic beverages: $300.00.
at:0.5"
Formatted:Numbered + Level: 1 +
(t)(m)Annual alcohol permit: Half of one-year state fee (TABC regulated).
NumberingStyle:a, b, c, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
at:0.5"
(u)(n)Concept plan: $200.00.
Formatted:Numbered + Level: 1 +
NumberingStyle:a, b, c, … + Startat: 1 +
(v)(o)Site plan: $500.00 + $15.00/acre.
Alignment:Left + Alignedat:0.25" + Indent
at:0.5"
(p)Amendment to site plan: $500.00.
Formatted:Numbered + Level: 1 +
NumberingStyle:a, b, c, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
(w)(q)Zoning verification letter: $50.00.
at:0.5"
Formatted:Numbered + Level: 1 +
(x)Amendment to planned development ordinance: $500.00.
NumberingStyle:a, b, c, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
at:0.5"
(y)(r) Amended plat:
(1)Residential: $250.00 + $10.00/lot.
(2)Nonresidential: $250.00 + $15.00/acre.
ORD 2018-08Page 6 of 14
Town CouncilPage 89 of 106Meeting Date: April 24, 2018
(z)(s) Replat:
(1) Residential: $300.00 + $10.00/lot.
(2) Nonresidential: $300.00 + $15.00/acre.
(aa) (t) Preliminary plat:
(1)Residential: $400.00 + $10.00/lot.
(2) Nonresidential: $400.00 + $15.00/acre.
(bb) (u)Final plat:
(1) Residential: $400.00 + $10.00/lot.
(2) Nonresidential: $400.00 + $15.00/acre.
(cc) (v) Plat vacation: $200.00.
(dd)(w)Rush plat filing: $300.00.
(ee) (x) Denton and Tarrant County filing costs: Actual cost.
2.03
Section A1.005, Zoning Board of Adjustment, of Article A1.000, General
Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of
Ordinances is hereby amended in its entirety as follows:
APPENDIX A FEE SCHEDULE
ARTICLE A1.000 GENERAL PROVISIONS
. . .
SECTIONA1.005 ZONING BOARD OF ADJUSTMENT
(a)Variance request: $200.00.
(b)Fence/retaining wall waiver or special exception:$200.00.
(b)(c) Filing fee for appeal to zoning board of adjustment: $150.00.
ORD 2018-08Page 7 of 14
Town CouncilPage 90 of 106Meeting Date: April 24, 2018
2.04
Section A1.006, Animal Control, of Article A1.000, General Provisions, of
Appendix A, Fee Schedule, of the Town of Trophy Club Code of Ordinances is hereby
amendedin its entirety as follows:
APPENDIX A FEE SCHEDULE
ARTICLE A1.000 GENERAL PROVISIONS
. . .
SECTIONA1.006 ANIMAL CONTROL
(a)License Dog,cat (per pet): $5.00.
Formatted:Numbered + Level: 1 +
NumberingStyle:a, b, c, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
(a)(b)Lost license: $1.00.
at:0.5"
Formatted:Indent:Left:0.5"
(b)(c) Impound fee: $10.00/day.
Plus transportation fee: $30.00.
(c)(d)Quarantine fee: $200.00.
(d)(e)Dangerous dog registration: $50.00/year.
(e)(f)Animal surrender fee:$50.00$25.00.
(g)Animal surrender fee without shot records: $50.00.
Formatted:Numbered + Level: 1 +
NumberingStyle:a, b, c, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
(f)(h)Euthanasia:Pay the following fees for euthanasia with disposal based on type
at:0.5"
and/or weight of animal:
Formatted:ListParagraph,Nobulletsor
numbering
(1)Wildlife (captured in privately owned trap): $20.00 per animal.
(2)Only if caught in a privately owned trap:
(A)Adult dog (under 30 lbs.): $20.00 per animal.
(B)Adult dog (over 30 lbs.): $30.00 per animal.
(C)Adult cat: $20.00 per animal.
(D)Kittens: $20.00 per litter.
(E)Puppies: $5.00 per animal.
(3)If caught in a private trap and surrendered to animal control, the animal
surrender fee shall apply. A single litter of kittens or puppies shall count as
ORD 2018-08Page 8 of 14
Town CouncilPage 91 of 106Meeting Date: April 24, 2018
one surrender fee. The euthanasia fee shall be waived if the surrender fee is
paid.
(g)(i)Pig licensing fee: $5.00 per animal.
(h)(j)Registration certificate for commercial establishment for dangerous wild animals:
$50.00 per establishment.
(k) Trap rental fee for one week (fully refundable): $25.00.
Formatted:ListParagraph,Numbered + Level:
1 + NumberingStyle:a, b, c, … + Startat: 1 +
Alignment:Left + Alignedat:0.25" + Indent
at:0.5"
2.05
Subsections (a), (b), (c), and (d) are hereby amended as follows; Subsections (i)
and (j) arehereby created and shall read in their entiretyas follows; and all other
subsections not expressly mentioned hereafter shall remain the same withinSection
A1.008, Fire PlanReview, of Article A1.000, General Provisions, of Appendix A, Fee
Schedule, of the Town of Trophy Club Code of Ordinances:
APPENDIX A FEE SCHEDULE
ARTICLE A1.000 GENERAL PROVISIONS
. . .
SECTIONA1.008 FIRE PLAN REVIEW
. . .
(a)0- 100,000 square feet: $0.020 per square foot. New construction plan review
fees:
(1)Up to 5,999 square feet $0.20 per square foot
Formatted:Numbered + Level: 1 +
NumberingStyle:1,2,3, … + Startat: 1 +
(2)6,000 - 100,000 square feet $0.30 per square foot
Alignment:Left + Alignedat:0.88" + Indent
(3)100,001 - 300,000 square feet $0.40 per square foot
at:1.13"
(4)300,001 + square foot $0.50 per square foot
Formatted:Indent:Left:1.13"
(b)100,001 - 300,000 square feet: $2,000.00 for the first 100,000 square feet.
Commercial remodel plan review fees:
(1)Up to 5,999 square feet $0.10 per square foot
Formatted:Numbered + Level: 1 +
NumberingStyle:1,2,3, … + Startat: 1 +
(2)6,000 100,000 square feet $0.15 per square foot
Alignment:Left + Alignedat:0.75" + Indent
(3)100,001 300,000 + square foot $0.20 per square foot
at:1"
(c) 100,001 square feet plus: $0.018 for each additional square foot of area.
Residential remodel plan review fees up to 5,999 square feet: $50.00.
(d)300,000+ square feet: $5,600.00 for the first 300,000 square feet; $0.012 for
each additional square foot of area or fraction thereof.
Residential remodel 6,000 + square footage $300.00.
Formatted:Indent:Left:0.5"
. . .
Formatted:ListParagraph,Indent:Left:0",
(i)Expedited plan review: $125.00.
Numbered + Level: 1 + NumberingStyle:i,ii,
iii, … + Startat: 1 + Alignment:Left + Aligned
at:0.25" + Indentat:0.75"
ORD 2018-08Page 9 of 14
Town CouncilPage 92 of 106Meeting Date: April 24, 2018
(j)Restamplost plans: $30.00.
2.06
Subsections (c), (d), (f), (g), (o), (s), (t),and(u)are hereby amended as follows;
Subsections (y), (z), (aa), (bb), (cc), (dd), (ee), and (ff) arehereby created and shall
read in their entiretyas follows; and all other subsections not expressly mentioned
hereafter shall remain the samewithinSection A1.009,Fire Division, of Article A1.000,
General Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of
Ordinances:
APPENDIX A FEE SCHEDULE
ARTICLE A1.000 GENERAL PROVISIONS
. . .
SECTIONA1.009 FIRE DIVISION
. . .
(c) Sprinkler system reinspection:$75.00$85.00 first reinspection; $150.00 each
additional reinspection.
(d)Alarm system reinspection*:$25.00$85.00 first reinspection; $150.00 each
additional reinspection.
. . .
(f)Reinspection for new construction*:$25.00$85.00 first reinspection; $150.00
each additional reinspection.
(g)Burn permits (residents free), nonresidents:$25.00 a week$75.00 per week.
. . .
(o)Fireworks*:$300.00$85.00 per hour, 4 hour minimum.
. . .
(s) Pyrotechnical special effects material*:$50.00$100.00.
(t)Temporary membrane structures, tents and canopies*:$25.00$50.00.
(u)After-hours inspections:$125.00 first hour; $35.00 each additional hour$85.00
per hour, 2 hour minimum.
. . .
(y) Use of explosives / blasting agents: $150.00.
(z) Hazardous materials use of storage or dispensing: $50.00.
(aa)Liquid petroleum gas tanks: $100.00.
ORD 2018-08Page 10of 14
Town CouncilPage 93 of 106Meeting Date: April 24, 2018
(bb)Radioactive materials: $250.00.
(cc) Spraying and dipping operations: $75.00.
(dd)Personnel stand-by Fire watch: $45.00 per hour.
(ee)Personnel stand-by Special event: $45.00 per hour.
(ff)Public education basic life support for healthcare providers: $35.00 per student.
2.07
Subsections (d) and(f),Pool RentalsRates, of Section A1.012,Parks and
Recreation and Special Events, of Article A1.000, General Provisions, of Appendix A,
Fee Schedule, of the Town of Trophy Club Code of Ordinances arehereby amendedas
follows and all other subsections not expressly mentioned hereafter shall remain the
same:
APPENDIX A FEE SCHEDULE
ARTICLE A1.000 GENERAL PROVISIONS
. . .
SECTIONA1.012PARKS AND RECREATION AND SPECIAL EVENTS
. . .
(d)Reservations.
ResidentNonresident
Harmony Soccer Field Lighted $50.00 $80.00
Harmony Soccer Field Unlighted $30.00 $60.00
$50.00 $80.00
Independence West Baseball Field#1- #4 Lighted
$50.00
Independence East Baseball Field #5 - #7 Lighted
$30.00 $60.00
IndependenceWest Baseball Field #1 - #4 Unlighted
$30.00
Independence East Baseball Field #5 - #7 Unlighted
Independence Multi-Use Field #1 $30.00 $60.00
Independence Multi-Use Field #2 Lighted $50.00 $80.00
Independence Multi-Use Field #2 Unlighted$30.00 $60.00
$50.00 $100.00
Pavilion Rental (Harmony Park) (for a 4-hour period)
ORD 2018-08Page 11of 14
Town CouncilPage 94 of 106Meeting Date: April 24, 2018
Baseball tournament gate fees (per team)$150.00$175.00$150.00
Tournament overflow game fee (per game) $85.00No fee$85.00
. . .
(f)Community pool fees. Pool rental fees listed below are for a minimum two-hour
period.
. . .
Pool Rental Rates
Residential rental rate
Large pool rental$300.00
Spray pad rental (Friday p.m. and Saturday-$300.00
Sunday)
Spray pad rental (MondayFriday a.m.)$225.00
Pavilion reservation$100.00
Community pool complex rental$700.00
Nonresident rental rates
Large pool rental$330.00
Spray pad rental (Friday p.m. and Saturday-$330.00
Sunday)
Spray pad rental (MondayFriday a.m.)$225.00
$255.00
Community pool complex rental$770.00
ORD 2018-08Page 12of 14
Town CouncilPage 95 of 106Meeting Date: April 24, 2018
SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting
setting Fee Schedulesand 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 allother provisions of the Ordinances of the Town of Trophy Club, codified or
uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force
and effect. Notwithstanding the foregoing, any complaint, action, cause of action or
claim which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall be deemed to
remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or its application to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance; and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remainingportions shall remain in full force and effect.
SECTION 5.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Hundred
Dollars ($200.00).
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter.
ORD 2018-08Page 13of 14
Town CouncilPage 96 of 106Meeting Date: April 24, 2018
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and
publication as required by law.
PASSED AND APPROVED
by the Town Council of the Town of Trophy Club,
Texas this 24th day of April 2018.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
ORD 2018-08Page 14of 14
Town CouncilPage 97 of 106Meeting Date: April 24, 2018
Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-174-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:4/9/2018 In control:Town Council
On agenda:4/24/2018 Final action:
Title:Consider and take appropriate action regarding calling a Town Council Special Session meeting to be
held on May 16, 2018 in order to canvass the returns and declare the results of the Town's May 5,
2018 Special Election (H. Fimbres).
Attachments:Staff Report - Town Council Special Session Meeting.pdf
DateVer.Action ByActionResult
Agenda Item No. 10:
ConsiderandtakeappropriateactionregardingcallingaTownCouncilSpecialSessionmeetingtobeheldonMay16,
2018 in order to canvass the returns and declare the results of the Town's May 5, 2018 Special Election (H. Fimbres).
Town CouncilPage 98 of 106Meeting Date: April 24, 2018
To:Mayor and Town Council
From: Holly Fimbres, Town Secretary/RMO
CC: Thomas M. Class Sr., Town Manager
Re: Town Council Special Session Meeting
Town Council Meeting, April 24, 2018
Agenda Item:
Consider and take appropriate action regarding calling a Town Council Special Session meeting
to be held on May 16, 2018 in order to canvass the returns and declare the results of the
Town’s May 5, 2018 Special Election (H. Fimbres).
Explanation:
The period for official canvassing is May 8-16, 2018. There is a Town Council Regular Session
meeting on May 8th but there is a potential that the Town will not have the official results from
Denton and Tarrant County Elections in time for that meeting. The Early Voting Ballot Board,
for both Denton and Tarrant County Elections, has until May 14th to qualify and count
provisional ballots.
Recommendation:
Staff recommends calling a Town Council Special Session meeting to be held on May 16, 2018.
Page 1 of 1
Town CouncilPage 99 of 106Meeting Date: April 24, 2018
Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-178-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:4/9/2018 In control:Town Council
On agenda:4/24/2018 Final action:
Title:Discussion of items for Future Agendas to include agenda items for consideration on the May 8, 2018
Council agenda and items from the Town Council Future Agenda Items list (H. Fimbres).
Attachments:May 8, 2018 Proposed Agenda.pdf
Items for Future Agendas updated 04-11-2018.pdf
DateVer.Action ByActionResult
Agenda Item No. 11:
DiscussionofitemsforFutureAgendastoincludeagendaitemsforconsiderationontheMay8,2018Councilagenda
and items from the Town Council Future Agenda Items list (H. Fimbres).
Town CouncilPage 100 of 106Meeting Date: April 24, 2018
Meeting Date: May 8, 2018
Regular Session Start Time 7:00 p.m.
No. Announcements & ReportsFile IDDept
Receive Town Manager Class' update regarding the following, discussion and
1Town Mgr
provide input regarding same (T. Class):
*Primary Runoff Early Voting
Receive Town Council Liaison update; discussion of same (H. Fimbres):
2Town Sec
STAFF
No. ConsentRESORDPROCFile IDDept
RPT
ConsiderandtakeappropriateactionregardingtheTownCouncilRegularSession
3Town Sec
Minutes dated April 24, 2018 (H. Fimbres).
ConsiderandtakeappropriateactionregardingtheSecondQuarterInvestment
4Finance
Report for Fiscal Year 2018 (A. Karkauskas).
ConsiderandtakeappropriateactionregardingtheMid-YearFinancialReportfor
5Finance
Fiscal Year 2018 (A. Karkauskas).
ConsiderandtakeappropriateactionregardingaResolution,suspendingthe
6Admin
Oncor Rate filing; and providing an effective date (J. Phillips).
Consider and take appropriate action regarding a Joint Resolution establishing an
Interjurisdictional Emergency Management Program between the Town of Trophy
7Fire
Club and Denton County; and authorizing the Mayor or his designee to execute all
necessary documents (W. Carroll).
STAFF
No. Regular SessionRESORDPROCFile ID Dept
RPT
Consider and take appropriate action regarding a Proclamation of the Town
Council recognizing May 8, 2018, as Children's Mental Health Awareness Day in
8Town Sec
Trophy Club; and providing an effective date (Mayor Sanders).
Consider and take appropriate action regarding a Proclamation of the Town
Council recognizing May 13-19, 2018, as National Police Week in Trophy Club in
conjunction with National Police Week and May 15, 2018, as National Peace
9Town Sec
Officers Memorial Day in Trophy Club; and providing an effective date (Mayor
Sanders).
Receive the Annual Report from the Northwest Metroport Chamber of Commerce;
10Town Mgr
discussion of same (T. Class).
STAFF
No. Upcoming Agenda & Council Future Agenda Items List UpdateRESORDPROCFile IDDept
RPT
Discussion of items for Future Agendas to include agenda items for consideration
on the May 16, 2018 and May 22, 2018 Council agendas and items from the Town
11Town Sec
Council Future Agenda Items list (H. Fimbres).
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 into
12Town Sec
executive session to discuss the following:
Town CouncilPage 101 of 106Meeting Date: April 24, 2018
Section 551.072 Deliberation regarding Real Property to discuss or deliberate the
purchase, exchange, lease, or value of real property if deliberation in an open
meeting would have a detrimental effect on the position of the governmental body
in negotiations with a third person:
North of State Highway 114, east of Trophy Club Drive and west of Town limits
(Council Member Shoffner and Council Member Kurtz)
STAFF
No. Regular SessionRESORDPROCFile IDDept
RPT
Consider and take appropriate action regarding the Executive Session (H. Fimbres).
Town Sec
13
Town CouncilPage 102 of 106Meeting Date: April 24, 2018
Town Council Future Agenda Items List
(Updated 04/11/2018)
1. *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 andthe maintenance building by the
Wastewater Treatment Plant. (Lamont 11/10/2015) (1-February 9, 2016) (2-May 10, 2016)
(3-August 9, 2016)(4-November 8, 2016)(5-February 14, 2017) (6-May 23, 2017) (7-May 22,
2018)
*Discussion after May 2018 election
1/12/2016 – At the January 12, 2016 Council meeting, Council made TCMUD No. 1 an offer
regarding the Annex Building.
5/10/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this
item.
8/9/2016 - Mayor Sanders advised that several items have taken precedence and that this
item can remain on the list until the applicable time to deal with it.
9/19/2016 – This item was scheduled to be placed on a future Joint Meeting agenda,
tentatively for January 2017, with the TCMUD No. 1 Board of Directors.
11/8/2016 – Council consensus was to leave this item on the Future Agenda Items list.
2/20/2017 – Council moved this item to be discussed during the February 25, 2017 Council
Retreat.
3/28/2017 – Mayor Sanders added the maintenance building by the Wastewater Treatment
Plant to this item.
5/23/2017 - Mayor Sanders advised that his intent was that the Annex Building would be
utilized for Town storage after Staff relocated into the new Town Hall facility
.
2. Discussion of Green Ribbon grants for the beautification along the sound wall on State
Highway 114. (Sanders 3/8/2016) (1-June 14, 2016) (2-September 13, 2016) (3-December
13, 2016) (4-March 14, 2017)(5-September 12, 2017) (6-April 10, 2018) (7-July 24. 2018)
6/14/2016 – Mayor Sanders advised that when the sound wall along State Highway 114 is
installed, this item would assist with shrubbery and landscaping through a grant application.
9/13/2016 – Mayor Sanders received consensus to leave this item due to the upcoming
construction of the sound wall. Town Manager Seidel advised that it could be accomplished
through a tri-city partnership with Westlake and Roanoke.
12/13/2016 – Council consensus was to leave this item on the Future Agenda Items list.
3/28/2017 – Mayor Sanders advised that he wanted to pursue moving forward with this
item because this grant greatly assisted with the beautification of Davis Boulevard through
the Town of Westlake.
6/13/2017 – Mayor Sanders requested to delay this item for an updatebecause the
Metroport Cities Partnership was attempting to secure a Regional Green Ribbon Grant for
the beautification of the State Highway 114 corridor through Westlake, Trophy Club, North
Lake, and Roanoke.
9/12/2017 – Mayor Sanders advised that the next Metroport Cities Partnership meeting was
scheduled for September 21, 2017 and this item was on their agenda to be discussed.
9/26/2017 – Mayor Sanders advised that Metroport Cities Partnership would be moving
forward with a grant application for beautification.
12/12/2017 – Mayor Sanders advised that there was currently no new information to
provide.
Page 1 of 2
Town CouncilPage 103 of 106Meeting Date: April 24, 2018
4/10/2018 – Mayor Sanders attended a Texas Department of Transportation meeting where
the following topics were discussed: construction of feeder roads along the highway that did
not currently exist; installation of a Texas U-turn at Solana Boulevard and Kirkwood
Boulevard; changing exit and entrance directions; and installation of irrigation equipment
3. Receive an update from Town Staff regarding Entryway Monumentation and Landscaping
for the Town of Trophy Club. (Sanders 2/27/2018) (1-May 22, 2018)
Page 2 of 2
Town CouncilPage 104 of 106Meeting Date: April 24, 2018
Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-179-T Version:1 Name:
Type:Agenda Item Status:Executive Session
File created:4/9/2018 In control:Town Council
On agenda:4/24/2018 Final action:
Title: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)Section 551.071 Consultation with Attorney under Subsection (2) to consult with the Town
Attorney on a matter in which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas
Open Meetings Act, specifically:
Breach of Contract Issues, Procedures, and Claims (D. Dodd)
B) Section 551.072 Deliberation regarding Real Property to discuss or deliberate the purchase,
exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental
effect on the position of the governmental body in negotiations with a third person:
North of State Highway 114, east of Trophy Club Drive and west of Town limits (Council Member
Shoffner and Council Member Kurtz)
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 12:
PursuanttothefollowingdesignatedsectionoftheTexasGovernmentCode,Annotated,Chapter551(TexasOpen
Meetings Act), the Council will convene into executive session to discuss the following:
A)Section551.071ConsultationwithAttorneyunderSubsection(2)toconsultwiththeTownAttorneyonamatterin
whichthedutyoftheattorneytothegovernmentalbodyundertheTexasDisciplinaryRulesofProfessionalConduct
of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act, specifically:
Breach of Contract Issues, Procedures, and Claims (D. Dodd)
B)Section551.072DeliberationregardingRealPropertytodiscussordeliberatethepurchase,exchange,lease,orvalue
ofrealpropertyifdeliberationinanopenmeetingwouldhaveadetrimentaleffectonthepositionofthegovernmental
body in negotiations with a third person:
NorthofStateHighway114,eastofTrophyClubDriveandwestofTownlimits(CouncilMemberShoffnerand
Council Member Kurtz)
Town CouncilPage 105 of 106Meeting Date: April 24, 2018
Town of Trophy Club 1 Trophy Wood Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2018-180-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:4/9/2018 In control:Town Council
On agenda:4/24/2018 Final action:
Title:Consider and take appropriate action regarding the Executive Session (H. Fimbres).
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 13:
Consider and take appropriate action regarding the Executive Session (H. Fimbres).
Town CouncilPage 106 of 106Meeting Date: April 24, 2018