Agenda Packet TC 11/13/2018
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Town CouncilPage 5 of 129Meeting Date: November 13, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-503-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/22/2018Town Council
On agenda:Final action:
11/13/2018
Title:
Receive Town Manager Class' update and provide input regarding the following (T. Class):
*Upcoming Events
*Staffing
*November and December 2018 Meeting Dates
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 1:
Receive Town Manager Class' update and provide input regarding the following (T. Class):
*Upcoming Events
*Staffing
*November and December 2018 Meeting Dates
Town CouncilPage 6 of 129Meeting Date: November 13, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-504-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/22/2018Town Council
On agenda:Final action:
11/13/2018
Title:
Receive Town Council Liaison update; discussion of same (H. Fimbres):
*Animal Shelter Advisory Board, October 29, 2018
Council Liaison - Mayor Pro Tem Shoffner
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 2:
Receive Town Council Liaison update; discussion of same (H. Fimbres):
*Animal Shelter Advisory Board, October 29, 2018
Council Liaison - Mayor Pro Tem Shoffner
Town CouncilPage 7 of 129Meeting Date: November 13, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-505-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
10/22/2018Town Council
On agenda:Final action:
11/13/2018
Title:
Consider and take appropriate action regarding the Town Council Regular Session Minutes dated
October 23, 2018 (H. Fimbres).
Attachments:
Draft TC Regular Session Minutes October 23, 2018.pdf
DateVer.Action ByActionResult
Agenda Item No. 3:
ConsiderandtakeappropriateactionregardingtheTownCouncilRegularSessionMinutesdatedOctober23,2018(H.
Fimbres).
Town CouncilPage 8 of 129Meeting Date: November 13, 2018
TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
TUESDAY, OCTOBER 23, 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, October 23, 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
Philip Shoffner Mayor Pro Tem, Place 6
Alicia L. Fleury Council Member, Place 1
Eric Jensen Council Member, Place 2
Rhylan Rowe Council Member, Place 3
Tim Kurtz Council Member, Place 4
Greg Lamont Council Member, Place 5
STAFF PRESENT:
Tom Class Town Manager Mike Pastor Information Services Manager
David Dodd Town Attorney Jonathan Phillips Director of Administrative & Financial Services
Holly Fimbres Town Secretary/RMO Tommy Uzee Director of Community Development
Tony Jaramillo Director of Parks and Recreation Steve Woodard Police Captain
Jill Lind Communications & Marketing Manager Steve Zieverink Information Services Specialist
Lisa Payne Town Planner
Mayor Sanders announced the date of Tuesday, October 23, 2018, called the Town Council to order and
announced a quorum at 7:00 p.m.
The Invocation was offered by Mayor Sanders.
The Pledges to the American Flag and Texas Flag were led by Council Member 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.
There were no citizen presentations.
ANNOUNCEMENTS AND REPORTS
1. Receive Town Manager Class' update and provide input regarding the following (T. Class):
Early Voting – Began October 22nd and will run through November 2nd with times and locations posted
on the Town’s website. The closest early voting site for Denton County residents was the Roanoke Public
Library and the closest early voting site for Tarrant County residents was Southlake Town Hall.
Fall Community Garage Sale – Would be held on October 27th, from 8:00 a.m. to 1:00 p.m. and the cost
for a garage sale permit was $20. Net proceeds from permit sales benefit the scholarship program for
graduating high school seniors from Byron Nelson High School. Any unsold items could be brought to
donation trucks in the Tom Thumb parking lot starting at 1:00 p.m.
Prescription Drug Take Back – Scheduled for October 27th, from 10:00 a.m. to 2:00 p.m. The Police
Department was partnering with the Drug Enforcement Administration to focus on removing potentially
Town CouncilPage 9 of 129Meeting Date: November 13, 2018
dangerous controlled substances from our Town’s medicine cabinets. Take-back day provides an
opportunity for residents to surrender expired, unwanted, or unused pharmaceutical controlled
substances and other medications to the Trophy Club Police Department for destruction.
Veterans Day Ceremony – Will be held on November 11th at 2:00 p.m. at the Veterans Memorial to
honor all military branches and to those who honorably serve our nation.
Fire Grants – The Fire Department successfully sought and was awarded a grant from the Federal
Emergency Management Agency that will help offset the cost associated with the Fire Marshal position.
The $105,000 grant was awarded in September 2018 and would fully support the hiring, equipping, salary,
and benefits for the full-time Fire Marshal position. This was a one year grant and was renewable for up
to three years and would be of no cost to the Town. The acceptance of the grant was contingent upon
$5,200 in matching funds that would be provided by the Trophy Club Municipal Utility District (TCMUD)
No. 1. Additionally, the Fire Department was awarded a grant through Firehouse Subs Public Safety
Foundation in the amount of $21,900 for the purchase of 14 automated external defibrillator devices to
be distributed throughout the Town.
Strategy Map – Unveiled the affixed Strategy Map in the Council Chambers. The Strategy Map was
designed to serve as a guide for day-to-day to year-to-year operations of the Town, which encompasses
the Council’s vision, mission, priorities, and goals that was tied to the Staff’s merit raise evaluation system
that was anchored by the core values. Moving forward, Staff Reports would include a link to the priorities
and goals to help ensure that Staff’s efforts aligned with the Strategy Map.
2. Receive Town Council Liaison update; discussion of same (H. Fimbres):
*Parks and Recreation Board, October 15, 2018
Council Liaison - Council Member Alicia Fleury
Council Member Fleury advised that she was unable to attend the October 15th Parks and Recreation Board
meeting; however the following topics were discussed by the Board:
Playgrounds were being renovated;
A new swing that was compliant with Americans with Disabilities regulations would be installed at Dino
Playground;
Jagger’s Journey playground equipment would be installed at Harmony Park;
Medians were being renovated along Indian Creek;
Replacement of trees that have outlived their purpose;
Cameras will be installed at Independence Park East and Freedom Dog Park;
Staff will begin planting winter annuals throughout Town next week;
Ongoing Recreation activities include 10 bocce ball teams, 11 kickball teams, and almost enough teams
for flag football;
Trophy Club Park renovations have begun with the painting of restrooms and guard shack and installation
of a VENTEK system;
Winterization of the Community Pool has begun;
Community Night was rescheduled to November 3rd due to weather;
Upcoming events included goat yoga, Fright Lights Yard Contest, Family Camp Out, Christmas Light
Contest, Gingerbread House Decorating, Letters to Santa, and Christmas in the Park; and
Possible grants for a pocket park in Canterbury Hills in 2020; and
Possible creation of a Parks and Recreation scholarship to a Byron Nelson High School student in Fiscal
Year 2019-2020.
Council Member Jensen inquired about the installation of cameras at Independence Park East and Freedom Dog
Park. Director of Parks and Recreation Jaramillo responded that Staff took the opportunity to piggy back off the
purchase of two cameras at Freedom Dog Park to include two cameras at Independence Park East.
Council Member Jensen asked if this was done with the approval of the Police Chief and inquired what the total
cost was for the cameras. Director of Parks and Recreation Jaramillo responded that it was and that it was
approximately $5,000 for the cameras at Independence Park East.
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Town CouncilPage 10 of 129Meeting Date: November 13, 2018
Council Member Jensen inquired if the cameras would offer live feed. Police Captain Woodard responded that the
cameras would be a live feed and that he would have to obtain the cost for the cameras at Freedom Dog Park.
Council Member Jensen commented that additional information was needed. Town Manager Class responded
that additional information would be provided.
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 Regular Session Minutes dated October 9,
2018 (H. Fimbres). (Town Secretary Note: Approved as presented in the Town Council agenda packet)
4. Consider and take appropriate action regarding Requisition Requests for the procurement of an accessible
playground and Poured-in-Place Rubber Surfacing for the Town of Trophy Club; and authorizing the Mayor
or his designee to execute all necessary documents. (T. Jaramillo).
Motion:
Motion made by Mayor Pro Tem Shoffner, seconded by Council Member Rowe, to approve the Consent Agenda
Items No. 3 and 4.
Motion passed unanimously 7-0-0.
REGULAR SESSION
5. Case PD-AMD-18-002 (BNHS Addition Ph 2)
A) Conduct a Public Hearing regarding a request to amend Ordinance No. 2018-13 P&Z, Planned
Development District No. 28, in order to provide a site plan package for a proposed building addition at
Byron Nelson High School, within the Northwest Independent School District boundaries, on a property
containing approximately 93 acres of land and generally located northeast of the intersection of Bobcat
Boulevard and Marshall Creek Road, within Trophy Club’s Town limits (L. Payne).
Mayor Sanders opened the public hearing at 7:15 p.m.
Town Planner Payne stated that the purpose of this item was to consider an amendment to Planned Development
(PD) 28. The strategic links were 1) Nature and Beautification - Improve the aesthetic and recreational value of the
Town and 2) Infrastructure and Development - Collaborate effectively with other governmental entities.
Northwest Independent School District (NISD) was requesting approval of the site plan package for a proposed
building addition and entry plaza, primarily located on the eastern end of the high school. The existing cul-de-sac
would be replaced with a courtyard and a surrounding three-story building addition that would match the existing
school. In addition, an entry plaza would be created in the parking lot of the front entrance to the school that will
provide a live landscape walkway from the stadium to the school. The proposal met all the parking, landscaping,
masonry, and lighting requirements. Additionally, the Planning and Zoning (P&Z) Commission considered this
request at their October 4, 2018 meeting and confirmed that the exterior building materials matched the school
and were the same materials used for the field house. The P&Z Commission recommended approval as presented
and Staff recommended approval.
Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:18 p.m.
Town Council Minutes October 23, 2018 Page 3 of 9
Town CouncilPage 11 of 129Meeting Date: November 13, 2018
B) Consider and take appropriate action regarding a request to amend Ordinance No. 2018-13 P&Z,
Planned Development District No. 28, in order to provide a site plan package for a proposed building
addition at Byron Nelson High School, within the Northwest Independent School District boundaries, on
a property containing approximately 93 acres of land and generally located northeast of the
intersection of Bobcat Boulevard and Marshall Creek Road, within Trophy Club’s Town limits (L. Payne).
Tim McClure and Sarah Stewart with NISD, Matt Davis with Perkins+Will, and Rob Morse with RLK Engineering
were available for questions.
Motion:
Motion made by Council Member Jensen, seconded by Council Member Rowe, to approve Ordinance No. 2018-26
P&Z as presented, amending Ordinance No. 2018-13 P&Z, PD District No. 28, in order to provide a site plan
package for a proposed building addition at Byron Nelson High School, within the NISD boundaries, on a property
containing approximately 93 acres of land and generally located northeast of the intersection of Bobcat Boulevard
and Marshall Creek Road, within Trophy Club’s Town limits.
Motion passed unanimously 7-0-0.
6. Case O-AMD-17-004 (Artificial Turf)
A) Conduct a Public Hearing regarding a Town-initiated request to amend Landscaping Regulations in
Section 14.02.352(d)(5) and Section 14.02.352(g)(5) of the Trophy Club Code of Ordinances to allow
artificial turf on residentially zoned properties (T. Uzee).
Mayor Sanders opened the public hearing at 7:19 p.m.
Director of Community Development Uzee stated that the purpose of this item was to consider amending the
landscape ordinance to allow artificial turf on residentially zoned properties. The strategic link was Nature and
Beautification - Maintain Town assets, services, and codes of ordinances that preserve the natural beauty of the
Town. On December 12, 2017, Council directed Staff to review guidelines to allow artificial turf on residentially
zoned properties. On February 13, 2018, Staff presented guidelines to allow artificial turf in rear yards if a grading
plan proved that a drainage problem would not be resulted. Staff was given additional direction to prepare an
ordinance that allowed artificial turf in backyards, front yards, and side yards. The P&Z Commission considered
this item at their October 4, 2018 meeting and recommended approval of Staff’s proposal with the following
conditions:
Turf is limited to areas not visible to public view;
A permit will be required prior to installation; and
Only on lots that do not abut a golf course.
Staff recommended approval of Ordinance No. 2018-27 P&Z as presented.
Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:23 p.m.
B) Consider and take appropriate action regarding an Ordinance for a Town-initiated request to amend
Landscaping Regulations in Section 14.02.352(d)(5) and Section 14.02.352(g)(5) of the Trophy Club Code
of Ordinances to allow artificial turf on residentially zoned properties (T. Uzee).
Mayor Pro Tem Shoffner requested clarification if Staff was not incorporating the P&Z Commission
recommendations. Director of Community Development Uzee responded that Staff did not include the P&Z
Commission’s recommendations in the ordinance presented to the Council for approval.
Mayor Pro Tem Shoffner agreed with Staff’s recommendation because the Council brought this item to Staff’s
attention partly due to a fellow resident expressing their desire to be allowed to install artificial turf in their
backyard. The resident had been turned down on their final pool inspection because they had installed artificial
turf. As it stood today, there were about 30 to 35 residents who had artificial turf. The main reason he originally
requested this item was specific to water conservation. He explained that the TCMUD No. 1 had an Emergency
Water Demand Management Plan that started in 1993 and in 2009 it was changed to a Drought Contingency Plan.
Town Council Minutes October 23, 2018 Page 4 of 9
Town CouncilPage 12 of 129Meeting Date: November 13, 2018
In 2011, the Drought Contingency Plan was updated because at that point in time Texas was experiencing a major
drought. The U.S. Drought Monitor started in 2000. Since 2000, the longest duration of drought in Texas lasted
271 weeks beginning on May 4, 2010 and ending on July 7, 2015. The most intense period of drought occurred the
week of October 4, 2011 where D4 affected 87.99 percent of Texas land. D4 was classified as an exceptional and
widespread crop/pasture losses and shortages of water creating water emergencies. The Town of Trophy Club
receives about 33 inches of rainfall each year but around 2012 to 2013, the Town only received about 23 to 24
inches of rainfall all year. The TCMUD No. 1 instituted Stage 1 Drought Contingency in 2011, which restricted
residents to only being allowed to water twice a week. The drought worsened and at the beginning of 2015, the
TCMUD No. 1 instituted Stage 2 Drought Contingency, which only allowed residents to water once a week. The
Town was now out of Stage 1 and Stage 2 because the area experienced large amounts of rain, but the Town was
under a Water Conservation Plan that allowed residents to only water twice a week. The reason that artificial turf
should be an allowable use was due to water conservation. For the first time last year, one billion gallons was
pumped through the Trophy Club system compared to 2013/2014 when about 18,000 gallons per resident was
pumped on average. Therefore, it would be hypocritical of the Council to advocate water conservation and only
allow artificial turf in the backyards of residential properties. Additionally, he inquired if it was a code violation if a
resident’s yard or live landscape died. Director of Community Development Uzee responded that was correct and
that the resident would have 45 days to replace it.
Council Member Jensen inquired why the P&Z Commission recommended that a permit be required prior to
installation when Staff was recommending submission of a certified grading plan prepared by a registered surveyor
of the State of Texas for review and approval by the Building Official. Jeffrey Beach, Chairperson of the P&Z
Commission, responded that the Commission desired to have an inspection performed to ensure that the artificial
turf was installed per the manufactures specifications and to ensure that homeowners were not installing artificial
turf without a permit. The P&Z Commission did not have an issue with having artificial turf installed in backyards,
their concerns were the pooling effect because it does not absorb as fast and how it would affect drainage for
neighbors.
Council Member Jensen commented that Staff was proposing that a resident submit a certified grading plan which
should handle the drainage concern without the need for a permit. Additionally, he agreed with the comments
made by Mayor Pro Tem Shoffner and stated that he was a supporter of land owner rights. He noted that a permit
was not needed to install sod.
Council Member Kurtz asked why the P&Z Commission recommended that turf be limited to areas not visible to
public view. He remarked that trees in backyards tend to hinder the growth of grass and inquired if they were
concerned that artificial turf would not look as good as natural grass. Mr. Beach responded that they were trying
to maintain some type of control because there were variations of colors and types of artificial turf.
Council Member Kurtz commented that there were also different types of grass that residents could install.
Council Member Rowe preferred not to mandate aesthetics in such detail but instead leave that for the discretion
of homeowner associations. He asked if a grading plan was required if someone wanted to pour a large slab or
install crushed granite in their backyard up to the drainage easement. Director of Community Development Uzee
responded that a grading plan would not be needed as long as the slab was less than 24 inches above grade.
Council Member Rowe asked if a resident would be liable for damages if they impacted drainage, whether it was
by modifying the drainage easement or by impacting adjacent neighbors. Director of Community Development
Uzee responded that the resident would be liable for damages.
Mayor Sanders generally supported the idea of a permit to help control the submission of a grading plan and
preferred that a final inspection be required. He did not want to get overly specific about color ranges but he was
concerned that someone may want to paint a logo on their artificial turf.
Council Member Lamont agreed that proper permitting should be in place due to the flow of water. He
commented that it was difficult to get grass to grow under mature trees and agreed that overall drought was an
issue.
Town Council Minutes October 23, 2018 Page 5 of 9
Town CouncilPage 13 of 129Meeting Date: November 13, 2018
Council Member Fleury commented that most residents would install artificial turf to help make their yards look
better. She suggested implementing certain parameters such as certain allowed types and colors as opposed to
turf only being limited to areas not visible to public view.
Mayor Pro Tem Shoffner remarked that if the Council approved the ordinance as it was presented, without any
specific guidelines, it would restrict the Code Enforcement Officer from taking any future action should an issue
arise, such as the artificial turf not being fastened down. Therefore, he felt that certain guidelines should be
implemented and he provided a few examples that other municipalities had adopted:
Synthetic turf shall simulate the appearance of live turf, organic turf, grass, sod, or lawn;
Be as a type known as cut pile infill with pile fibers with a minimum height on 1.75 inches;
Be manufactured from polyethylene monofilament;
Be affixed to a permeable backing;
Have a minimum eight year no fade warranty;
The use of indoor or outdoor plastic or nylon carpeting as a replacement for natural or synthetic turf shall
be prohibited;
Installation should be installed by a licensed professional pursuant to manufacturers’ requirements;
Be installed over a subgrade prepared to provide positive drainage on an evening graded mass of
compacted coarse, crushed, rock, or aggregate material;
Be anchored at all edges and seams;
A drainage system shall be installed underneath the turf to prevent excess runoff from pooling;
Where multiple panels are used to change from one panel to the next shall be readily visible and seams
shall be joined in a tight and secure manner; and
An infill medium consisting of clean silica sand or other approved mixtures shall be brushed into the fibers
to ensure that the fibers remain in an upright position and to provide ballast that will help hold the turf in
place and provide a cushioning effect.
Mayor Pro Tem Shoffner suggested that the Council discuss incorporating some of these options and to refer this
item to the next Council meeting. He wanted to ensure that guidelines were established in order to allow the
Code Enforcement Officer to have some leverage on enforcing any issues that may arise in the future.
Main Motion:
Main Motion made by Council Member Jensen, seconded by Council Member Rowe, to approve Ordinance No.
2018-27 P&Z, a Town-initiated request to amend Landscaping Regulations in Section 14.02.352(d)(5) and Section
14.02.352(g)(5) of the Trophy Club Code of Ordinances to allow artificial turf on residentially zoned properties, as
presented by Staff and not incorporate any of the P&Z Commission’s recommendations.
Council Member Rowe commented that he heard a few things that might be sensible to incorporate in the future
but his preference was to proceed with approval. He pointed out that it may not be practical to impose stricter
regulations on residents with artificial turf verses those with grass.
Mayor Sanders spoke against the Main Motion because he preferred to have additional information presented.
Motion to Amend:
Motion to Amend made by Mayor Pro Tem Shoffner, seconded by Council Member Kurtz, to include that synthetic
turf shall 1) simulate the appearance of live turf, organic turf, grass, sod, or a lawn, 2) be a type known as cut pile
infill with pile fibers with a minimum height on 1.75 inches 3) be affixed to a permanent backing; 4) have a
minimum of an eight year no fade warranty; and 5) synthetic turf shall be maintained in green fadeless condition
and free of weeds, debris, tears, holes, and impressions.
Mayor Pro Tem Shoffner preferred to have this item referred to a future meeting in order to address some
sensible recommendations.
Mayor Sanders spoke in favor of the Motion to Amend so that the recommendations could be incorporated into
the Main Motion, but his preference was to refer the item.
Town Council Minutes October 23, 2018 Page 6 of 9
Town CouncilPage 14 of 129Meeting Date: November 13, 2018
Council Member Jensen remarked that a vote in favor of the Main Motion would be for land owner rights.
The vote for the Motion to Amend was taken, to include that synthetic turf shall 1) simulate the appearance of
live turf, organic turf, grass, sod, or a lawn; 2) be a type known as cut pile infill with pile fibers with a minimum
height on 1.75 inches; 3) be affixed to a permanent backing; 4) have a minimum of an eight year no fade warranty;
and 5) synthetic turf shall be maintained in green fadeless condition and free of weeds, debris, tears, holes, and
impressions.
Motion to Amend carried 5-2-0, with Mayor Sanders, Mayor Pro Tem Shoffner, and Council Members Fleury,
Kurtz, and Lamont voting for and with Council Members Jensen and Rowe voting against.
Council Member Fleury believed that the Motion to Amend gave reasonable parameters but she agreed that other
issues may arise in the future.
Council Member Rowe supported allowing the ability for residents to install artificial turf. He was not in favor of
imposing stricter restrictions on residents with artificial turf compared to those with regular grass, such as the
restriction that their yard had to be free of weeds.
Council Member Lamont commented that the item should be delayed because there were too many unknowns
that needed to be evaluated.
Motion to Refer:
Motion to Refer made by Mayor Sanders, seconded by Council Member Lamont, the entire matter of Agenda Item
No. 6B to the next Council meeting.
Council Member Jensen spoke against the Motion to Refer because he supported closing the matter and moving
onto other business.
The vote for the Motion to Refer was taken, the entire matter of Agenda Item No. 6B to the next Council meeting.
Motion to Refer carried 4-3-0, with Mayor Sanders and Council Members Fleury, Rowe, and Lamont voting for
and with Mayor Pro Tem Shoffner and Council Members Jensen and Kurtz voting against.
7. Discussion of items for Future Agendas to include agenda items for consideration on the November 13, 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.
Mayor Sanders inquired about additional information being provided regarding the details of the installation of
cameras on the November 13, 2018 Council agenda. Town Manager Class responded that Staff should be able to
schedule that.
A) Item No. 2 from the Future Agenda Items list: 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)
(8-October 23, 2018)
Mayor Sanders advised that the majority of the sound wall had been completed and that he intended to provide
additional details regarding the Green Ribbon Grant process by the December 11, 2018 Council meeting.
Town Council Minutes October 23, 2018 Page 7 of 9
Town CouncilPage 15 of 129Meeting Date: November 13, 2018
B) Item No. 7 from the Future Agenda Items list: Discussion of and take appropriate action regarding amending
the Town’s sign ordinance. (Lamont 7/24/2018) (1-October 23, 2018)
Council Member Lamont desired that a complete review of the sign ordinance be performed after the upcoming
November election.
Town Attorney Dodd advised that he provided an email under Attorney-Client privilege regarding political signage.
He mentioned that he has been reviewing ongoing issues of signage in the Tom Thumb complex.
Council Member Rowe preferred that the Town Attorney bring forward any recommendations for items that he
saw as a potential issue for the Town to be able to legally enforce.
Town Attorney Dodd remarked that the Town was bound by the Constitution as opposed to homeowner
associations who were not and they could address signage.
Mayor Pro Tem Shoffner suggested that a review be done specific to temporary signage because previous legal
opinions slightly varied from current legal opinions.
Town Attorney Dodd advised that temporary signage would include school signage and non-profit signage.
Mayor Pro Tem Shoffner commented that he would prefer that the Town Attorney advise where the Town was
deficient within the temporary signage portion of the ordinance.
Town Attorney Dodd remarked that there was a slight portion of the ordinance that was not enforceable in his
opinion.
Mayor Pro Tem Shoffner mentioned that the requirement for written permission to place a sign on commercial
property should be reviewed.
Town Attorney Dodd advised that there was no Constitutional violation specific to that requirement.
Mayor Pro Tem Shoffner suggested that the Town Attorney provide recommendations for any changes that he saw
were necessary.
Mayor Sanders commented that this item could come back for an update at the next Council meeting or a
subsequent meeting.
C) Item No. 9 from the Future Agenda Items list: Discussion of and possible action between the Town and EDC
4B regarding long range planning to use the parcel between Bread Winners and Trophy Club Town Hall.
(Sanders 7/24/2018) (1-October 23, 2018)
Mayor Sanders inquired when was the target date to schedule a joint meeting between the Council and the
Economic Development Corporation (EDC) 4B. Town Manager Class responded that a date had not been set but
Staff was looking to set a date within the next month or two, and then have EDC 4B meet on a quarterly basis.
Council Member Jensen recommended that the Council could give the liaison direction during the Executive
Session and that information could be provided to the EDC 4B through the liaison without a joint meeting.
Town Council Minutes October 23, 2018 Page 8 of 9
Town CouncilPage 16 of 129Meeting Date: November 13, 2018
EXECUTIVE SESSION
8. 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:
1) North of State Highway 114, east of Trophy Club Drive and west of Town limits (Mayor Pro Tem
Shoffner and Council Member Kurtz)
2) North of State Highway 114, west of Trophy Club Drive (T. Class)
C) Section 551.074 Personnel Matters under Subsection (1) to discuss or deliberate the appointment,
evaluation and duties of a public officer or employee:
Quarterly Goals and Objectives for Council Appointed Employees (Town Council)
CONVENED INTO EXECUTIVE SESSION - START TIME – 8:06 P.M.
RECONVENED INTO REGULAR SESSION - START TIME – 9:23 P.M.
RECONVENED INTO REGULAR SESSION
9. Consider and take appropriate action regarding the Executive Session (H. Fimbres).
Motion:
Motion made by Council Member Rowe, seconded by Council Member Jensen, to direct the Town Manager to
continue engaging with outside legal services as discussed in Executive Session.
Motion passed unanimously 7-0-0.
ADJOURN
Mayor Sanders adjourned the meeting at 9:23 p.m.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Minutes October 23, 2018 Page 9 of 9
Town CouncilPage 17 of 129Meeting Date: November 13, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-506-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
10/22/2018Town Council
On agenda:Final action:
11/13/2018
Title:
Consider and take appropriate action regarding an Ordinance amending subsection i, Annual capital
improvement and maintenance charge, of Section A1.014, Water and wastewater fees for Public
Improvement District No. 1, within Appendix A, Fee Schedule, of the Trophy Club Code of Ordinances,
to adopt a monthly surcharge for PID residents; providing for severability; providing a penalty; and
providing an effective date (J. Phillips).
Attachments:
Staff Report - PID Surcharge.pdf
Letter to Town PID Surcharge CY 2019.pdf
Calendar Year 2019 PID Surcharge.pdf
ORD 2018-28 - Amending PID Surcharge.pdf
DateVer.Action ByActionResult
Agenda Item No. 4:
ConsiderandtakeappropriateactionregardinganOrdinanceamendingsubsectioni,Annualcapitalimprovementand
maintenancecharge,ofSectionA1.014,WaterandwastewaterfeesforPublicImprovementDistrictNo.1,within
AppendixA,FeeSchedule,oftheTrophyClubCodeofOrdinances,toadoptamonthlysurchargeforPIDresidents;
providing for severability; providing a penalty; and providing an effective date (J. Phillips).
Town CouncilPage 18 of 129Meeting Date: November 13, 2018
To: Mayor and Town Council
From:Jonathan Phillips, Director of Administrative and Financial Services
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
John Zagurski, Finance Manager
Re: PID Surcharge
Town Council Meeting, November 13, 2018
Agenda Item:
Consider and take appropriate action regarding an Ordinance amending subsection i, Annual
capital improvement and maintenance charge, of Section A1.014, Water and wastewater fees
for Public Improvement District No. 1, within Appendix A, Fee Schedule, of the Trophy Club
Code of Ordinances, to adopt a monthly surcharge for PID residents; providing for severability;
providing a penalty; and providing an effective date (J. Phillips).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
The Town has received the Trophy Club MUD’s annual PID surcharge calculation. The calendar
year 2019 PID resident’s fair share of MUD operating and maintenance and debt expenditures
is $171,983 or $119.10 per household, a decrease of less than one percent. The calculated PID
Surcharge is $9.93 for calendar year 2019.
Financial Considerations:
This rate is a $1.87 per month per household decrease. The change in rate from calendar year
2018 to 2019 is primarily due to the removal of the prior period adjustment for calendar year
2017.
Legal Review:
Not applicable.
Page 1 of 2
Town CouncilPage 19 of 129Meeting Date: November 13, 2018
Board/Commission/ or Committee Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends approval of Ordinance No. 2018-28.
Attachments:
Letter to Town PID Surcharge CY 2019
Calendar Year 2019 PID Surcharge
Ordinance No. 2018-28
Page 2 of 2
Town CouncilPage 20 of 129Meeting Date: November 13, 2018
Town CouncilPage 21 of 129Meeting Date: November 13, 2018
Town CouncilPage 22 of 129Meeting Date: November 13, 2018
PID SURCHARGE
for Calendar Year 2019
Standard
Description
O&M Revenue from PID Surcharge 51,930.0030%O&M proportion
I&S Revenue from PID Surcharge 120,053.00 70%I&S proportion
Total 171,983.00
Number of Residents PID 1,444.00
Standard rate for 12 months$ 9.93
Change in Rate from CY18 ($11.80)$ (1.87)
Rate = ((Total/Number of Residents)/12 Months)
Town CouncilPage 23 of 129Meeting Date: November 13, 2018
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2018-28
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING SUBSECTION I, “ANNUAL CAPITAL IMPROVEMENT AND
MAINTENANCE CHARGE,” OF SECTION A1.014, “WATER AND
WASTEWATER FEES FOR PUBLIC IMPROVEMENT DISTRICT NO. 1,”
WITHIN APPENDIX A, “FEE SCHEDULE,”OF THE CODE OF
ORDINANCES, TO ADOPT A MONTHLY SURCHARGE APPLICABLE
TO CONNECTIONS IN THE TROPHY CLUB PUBLIC IMPROVEMENT
DISTRICT NO. 1 IN ORDER TOPAY THE PID PORTION OF MUD1
OPERATIONS AND MAINTENANCE BUDGET AND DEBT FOR
CALENDAR YEAR 2019; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A
SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Fees imposed by the Town are adopted via Ordinance and are
codified in Appendix A of the Town of Trophy Club Code of Ordinances; and
WHEREAS,Appendix A, Fee Schedule, Section A1.014 of the Code of
Ordinances contains fees for public works for the Trophy Club Public Improvement
District No. 1 (hereinafter “PID”), including fees for meters utilized within the PID; and
WHEREAS, the Town of Trophy Club (the “Town”) is the owner and/or operator
of a water and sewer system designed to serve present and future inhabitants of the
Trophy Club Public Improvement District No. 1 (the “Town System”);and
WHEREAS,under the Amended and Restated Contract for Wholesale Water
Supply and Wastewater Treatment Services and Water and Wastewater Operational
Services between the Town and Trophy Club Municipal Utility District No. 1 dated July
25, 2017(the “Contract”), the Trophy Club Municipal Utility District No. 1 (the “MUD”)
has agreed to provide the Town with wholesale water and wastewater services and with
operations services related to the Town System within the boundaries of the PID
Property, as that term is defined in the Contract;and
WHEREAS,Section 7.1 of Article VII of the Contract requires the Town to a
charge a fee to the residents of the PID for the “Annual Capital Improvements and
Maintenance Charge” due to MUD1; and
Town CouncilPage 24 of 129Meeting Date: November 13, 2018
WHEREAS,MUD1 has issued debt; therefore, pursuant to the Contract, the
Town has determined it appropriate to adopt the fee set forth below in accordance with
the provision of the Contract providing for an Annual Capital Improvements and
Maintenance Charge in order to impose the fee required to fund the PID’s percentage
share of the MUD1 Operations and Maintenance budget and debt for calendar year
2019; and
WHEREAS,the Town Council hereby finds that the amendment of Section
A1.014 within Appendix A of the Code ofOrdinances amending the Town’s Fee
Schedule to adopt the Annual Capital Improvement and Maintenance Charge in the
form of a flat monthly fee as further specified herein meets the Town’s contractual
obligations pursuant to the Contract and serves the best interests of theTown.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01Subsection (i) entitled “Annual capital improvement and maintenance charge” of
Section A1.014, “Water and wastewater fees for Public Improvement District No. 1,”
within Appendix A, “Fee Schedule,” of the Townof Trophy Club Code of Ordinances is
hereby amended to read as follows and which shall be added to all other charges
imposed under Section A1.014, and all such other fees and provisions of Section
A1.014 not specifically amended hereby shall remain in full force andeffect:
“APPENDIXA- FEE SCHEDULE
…
Section A1.014 – Water and wastewater fees for Public Improvement District No.
1
…
(i)Annual capital improvement andmaintenancecharge: $9.93(monthly
fee perconnection)
…”
ORD 2018-28Page 2of 4
Town CouncilPage 25 of 129Meeting Date: November 13, 2018
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting fees and shall not repeal any of the provisions of such Ordinances except in
those instances where provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance; whether such Ordinances are codified or uncodified, and
all other provisions of the Ordinances of the Town of Trophy Club, codified or
uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force
and effect. Notwithstanding the foregoing, any complaint, action, cause of action or
claim which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall be deemed to
remain and continue in full force andeffect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
andenroll this Ordinance in accordance with the Town Charter.
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 Five Hundred
Dollars ($500.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date Clause of this Ordinance as required bySection
52.011 of the Texas Local Government Code.
ORD 2018-28Page 3of 4
Town CouncilPage 26 of 129Meeting Date: November 13, 2018
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 13th day of November2018.
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 2018-28Page 4of 4
Town CouncilPage 27 of 129Meeting Date: November 13, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-532-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
10/29/2018Town Council
On agenda:Final action:
11/13/2018
Title:
Consider and take appropriate action regarding the Fourth Quarter Investment Report for Fiscal Year
2018 (J. Phillips).
Attachments:
Staff Report - Fourth Quarter Investment Report.pdf
Fourth Quarter Investment Report FY 2018.pdf
DateVer.Action ByActionResult
Agenda Item No. 5:
Consider and take appropriate action regarding the Fourth Quarter Investment Report for Fiscal Year 2018 (J. Phillips).
Town CouncilPage 28 of 129Meeting Date: November 13, 2018
To: Mayor and Town Council
From:Jonathan Phillips, Director of Administrativeand FinancialServices
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
April Duvall, Chief Financial Analyst
Re: Fourth Quarter Investment Report
Town Council Meeting, November 13, 2018
Agenda Item:
Consider and take appropriate action regarding the Fourth Quarter Investment Report forFiscal
Year 2018 (J. Phillips).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
The Town’s current interest-bearing accounts have an ending balance of $13,858,284 as of
September30, 2018, which is a decrease of $3,586,574 since June 30, 2018. This is primarily
due to debt service, capital projects and an increase in operational needs this time of year. The
portfolio is very liquid with a weighted average life of 75 days.
Interest earnings for this quarter total $82,506. The total average yield for this quarter was
2.16% which is higher than the averagerolling 6-month Treasury-Bill yield of 2.15% for the
same period.
Account activity was minimal which resulted in rolling the CD maturing 8/30 with First
Technology FCU to Wells Fargo money market sweep account that is earning a variable interest
rate.
Financial Considerations:
Interest earnings for this quarter total $82,506 which gives the Town a year to date interest
earning of $275,827 for FY 2018.
Page 1 of 2
Town CouncilPage 29 of 129Meeting Date: November 13, 2018
Legal Review:
Not applicable.
Board/Commission/ or Committee Recommendation:
Council Finance Subcommittee received the report on November 1, 2018.
Staff Recommendation:
Staff recommends approval of the FourthQuarter Investment Report for Fiscal Year 2018.
Attachments:
Fourth Quarter Investment Report FY 2018
Page 2 of 2
Town CouncilPage 30 of 129Meeting Date: November 13, 2018
Town CouncilPage 31 of 129Meeting Date: November 13, 2018
Town CouncilPage 32 of 129Meeting Date: November 13, 2018
Town CouncilPage 33 of 129Meeting Date: November 13, 2018
Town CouncilPage 34 of 129Meeting Date: November 13, 2018
Town CouncilPage 35 of 129Meeting Date: November 13, 2018
Town CouncilPage 36 of 129Meeting Date: November 13, 2018
Town CouncilPage 37 of 129Meeting Date: November 13, 2018
Town CouncilPage 38 of 129Meeting Date: November 13, 2018
Town CouncilPage 39 of 129Meeting Date: November 13, 2018
Town CouncilPage 40 of 129Meeting Date: November 13, 2018
Town CouncilPage 41 of 129Meeting Date: November 13, 2018
Town CouncilPage 42 of 129Meeting Date: November 13, 2018
Town CouncilPage 43 of 129Meeting Date: November 13, 2018
Town CouncilPage 44 of 129Meeting Date: November 13, 2018
Town CouncilPage 45 of 129Meeting Date: November 13, 2018
Town CouncilPage 46 of 129Meeting Date: November 13, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-535-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
10/30/2018Town Council
On agenda:Final action:
11/13/2018
Title:
Consider and take appropriate action regarding two Interlocal Cooperation Agreements between the
Town of Trophy Club and Denton County for Fire Protection Services and Ambulance Services; and
authorizing the Mayor or his designee to execute all necessary documents (W. Carroll).
Attachments:
Staff Report - Fire Protection and Ambulance Services.pdf
Interlocal Cooperation Agreement for Fire Protection Services.pdf
Interlocal Cooperation Agreement for Ambulance Services.pdf
DateVer.Action ByActionResult
Agenda Item No. 6:
ConsiderandtakeappropriateactionregardingtwoInterlocalCooperationAgreementsbetweentheTownofTrophyClub
andDentonCountyforFireProtectionServicesandAmbulanceServices;andauthorizingtheMayororhisdesigneeto
execute all necessary documents (W. Carroll).
Town CouncilPage 47 of 129Meeting Date: November 13, 2018
To: Mayor and Town Council
From:Wade Carroll, Fire Chief
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Interlocal Cooperation Agreements for Fire and EMS
Town Council Meeting, November 13, 2018
Agenda Item:
Consider and take appropriate action regarding two Interlocal Cooperation Agreements
between the Town of Trophy Club and Denton County for Fire Protection Services and
Ambulance Services; and authorizing the Mayor or his designee to execute all necessary
documents (W. Carroll).
Strategic Links:
1.Safety & Security - Achieve exceedingly high standards for public safety and low crime
rates.
2.Infrastructure & Development - Collaborate effectively with other governmental entities.
3.Administrative & Financial Services - Exercise fiscal discipline in all Town operations.
Background and Explanation:
The Interlocal Cooperation Agreements between the Town of Trophy Club and Denton County
provides for the Trophy Club Fire Department to respond to all Denton County citizens within
Trophy Club’s normal jurisdictional boundaries and to areas of unincorporated Denton County
that fall within Trophy Club’s extraterritorial jurisdiction (ETJ). The agreement outlines
compensation of $10,000.00 upon execution of the annual agreement and a fee of $550.00 per
fire call (billed in the subsequent quarter) in the designated unincorporated areas of the
County.
Furthermore, the agreement between the Town of Trophy Club and Denton County agrees to
pay the sum of $7,367.00 (rounded to the nearest dollar) for EMS response to the same area.
The funding for EMS is calculated as follows:
1.A fixed sum based on a population percentage 0.4813 per capita; said sum computes to
$6,543.94.
Page 1 of 2
Town CouncilPage 48 of 129Meeting Date: November 13, 2018
2.A fixed sum of $255.05911 per ambulance transport in the previous fiscal year; there were
no transports made by the agency within the defined area of Denton County in fiscal year
2018.
3.A fixed sum based on 1.19 rural miles in the agreed operating territory; said sum
computes to $822.59.
Financial Considerations:
A total of $16,000 was budgeted in the Fiscal Year 2019 budget as revenue for the Fire
Department specifically for the annual Interlocal Cooperation Agreements between the Town
of Trophy Cluband Denton County for Fire and EMS response as outlined in the agreements
and this staff report.
Legal Review:
The Town Attorney has reviewed this item and concurs with the Staff recommendation.
Board/Commission/ or Committee Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends approval of both Interlocal Cooperation Agreements between the Town of
Trophy Club and Denton County for Fire Protection Services and Ambulance Services.
Attachments:
Interlocal Cooperation Agreement for Fire Protection Services
Interlocal Cooperation Agreement for Ambulance Services
Page 2 of 2
Town CouncilPage 49 of 129Meeting Date: November 13, 2018
THE COUNTYOFDENTON§
§TROPHYCLUB
§FIREDEPARTMENT
STATE OFTEXAS§
INTERLOCALCOOPERATIONAGREEMENT
FIREPROTECTIONSERVICES
THIS AGREEMENT, which has aneffective date of October 1, 2018, is made and
entered into by and between Denton County, a political subdivision of the State of Texas,
hereinafter referred toas "the COUNTY,"and the Trophy Club located in Denton
County, Texas, hereinafter referred to as "the
WHEREAS,theCOUNTYisadulyorganizedpoliticalsubdivisionoftheStateofTexas
engagedintheadministrationofcountygovernmentandrelatedservicesforthebenefitofthe
citizensofDentonCounty;and
WHEREAS, the AGENCYis a , duly organized and operating
under the laws of the State of Texas and engaged in the provision of fire protection services and
related services for the benefit of the citizens of the ; and
WHEREAS,theAGENCYistheownerandoperatorofcertainfireprotectionvehicles
andotherequipmentdesignedfortheextinguishingoffireandpreventionofdamagetoproperty
andinjurytopersonsfromfireandhasinitsemploytrainedpersonnelwhosedutiesarerelated
to theuse ofsuchvehicles andequipment;and
WHEREAS,theCOUNTYandtheAGENCYmutuallydesiretobesubjecttoand
contractpursuanttoprovisionsoftheTexasGovernmentCode,Chapter791andtheTexasLocal
GovernmentCode,Chapter352,and
NOW,THEREFORE,theCOUNTYandtheAGENCY,forthemutualpromises,
covenants,Agreementsandconsiderationstatedherein,agreeasfollows:
I.
TERM
ThetermofthisAgreementshallbefortheperiodbeginningofOctober1,2018,and
endingSeptember 30, 2019.
II.
SERVICES
The services tobe rendered inaccordance with this Agreement by the AGENCYare
the fire protection services normally rendered bytheAGENCYtocitizens of the
2018-2019 Interlocal Corporation Agreement Fire Protection Services/Trophy Club
Page 1of 6
Town CouncilPage 50 of 129Meeting Date: November 13, 2018
COUNTYresiding in the unincorporated areas of the COUNTYwithin the
operating territory or jurisdiction of the AGENCY,as agreed toby the AGENCYand the
COUNTYin this Agreement and as set forth inExhibit A attached hereto and incorporated
hereinby reference. These services are rendered in consideration of the basic funding and the
separateper call fee set forth in this Agreement for the common good and benefit and to serve
the public convenience and necessity of the citizens of the COUNTYwho are not otherwise
protected with respect to fire prevention, extinguishment, safety and rescue services. The
services to be rendered are as follows:
A.TheAGENCYshallmakeavailableandprovideemergencyfireprevention,
extinguishment,safetyandrescueserviceswithintheagreedorspecifiedterritory
orjurisdictionoftheAGENCY.
B.TheAGENCYshallrespondtorequestsforfireprotectionservicesmadewithin
theportionoftheCOUNTYdesignatedasTrophyClubassetoutinExhibit
"A".
C.TheCOUNTYagreesthat,intheeventafireintheAGENCY'sunincorporated
designatedareawhichtheAGENCYconsiderstobeofanincendiarynatureand
uponrequestbytheAGENCY,theCountyFireMarshalwilldispatch
investigationpersonnelto thefirescenewithinaresponsetimesufficientto
legallymaintainandprotectallevidenceofsaidfireandwillconductall
appropriateinvestigationandassistintheprosecutionofanycaseofarson.The
AGENCYshallnotberesponsiblefor investigationsofsuspectedincendiaryfires
intheunincorporatedareas,butshallcooperatewiththeCountyFireMarshalin
immediatelyrelating allpertinentinformationpossibleto theinvestigator(s).
D.TheCOUNTYagreesthattheCountyFireMarshalmayassistintheconductof
appropriateinvestigationsofafirewhichtheAGENCYconsiderstobeof
incendiarynatureintheAGENCY'sincorporatedareauponrequestofthe
AGENCY.
E.TheAGENCYshallsubmitmonthlystatementsontheTexasFireIncident
ReportingSystem'sstandardizedformstotheDentonCountyFireMarshal,701
Kimberly Drive, Suite A101,Denton,Texas76208.Thisformwillserveasthe
billingstatementtotheCOUNTY for reimbursementofcalls madein the
unincorporatedarea.TheDentonCounty FireMarshalshallprovidetheforms
uponrequestfromtheAGENCY.
F.TheAGENCY,intheperformanceofitsdutiesandresponsibilitiesunderthis
Agreement,shallhavetheresponsibility,withinthesolediscretionoftheofficers
andemployeesoftheAGENCY,exceptasotherwisedeterminedbytheDenton
CountyFireMarshal,todetermineprioritiesinthedispatchinganduseofthe
equipmentandpersonnel,andthejudgmentofanysuchofficeror
employee astosuchmatters shall bethefinaldetermination.
2018-2019 Interlocal Corporation Agreement Fire Protection Services/Trophy ClubPage 2of 6
Town CouncilPage 51 of 129Meeting Date: November 13, 2018
TheCOUNTYshalldesignatetheCountyJudgetoactonbehalfoftheCOUNTYandto
serveas"LiaisonOfficer"betweentheCOUNTYandtheAGENCY.TheCountyJudge,orher
designatedsubstitute,shalldevotesufficienttimeandattentiontoinsuretheperformanceofall
dutiesandobligationsoftheCOUNTYunderthisAgreementandshallprovideimmediateand
directsupervisionofemployees,agents,contractors,sub-contractorsand/orlaborersofthe
COUNTYengagedintheperformanceofthisAgreementforthemutualbenefitofthe
COUNTY andtheAGENCY.
III.
PERFORMANCEOFSERVICE
TheAGENCYshalldevotesufficienttimeandattentiontoinsuretheperformanceofall
dutiesandobligationsoftheAGENCYunderthisAgreementandshallprovideimmediateand
directsupervisionoftheemployees,agents,contractors,sub-contractorsand/or
laborersengagedintheperformanceofthisAgreementforthemutualbenefitoftheAGENCY
andtheCOUNTY.
IV.
COMPENSATION
TheCOUNTYagreestopaytotheAGENCYforthefullperformanceofservicesas
providedinthisAgreementthesumof$10,000.00,payableuponexecutionofthisAgreement,
andfurtheragreestopaythesumof$550.00perfirecallinthedesignatedunincorporatedareas
oftheCOUNTYfromOctober1,2018,toSeptember 30, 2019.TheCOUNTYanticipatesthe
AGENCYtorunapproximately1firecallforatotalfundingof$550.00forfirecalls.The
totalpaymentsbytheCOUNTYtotheAGENCYpursuanttothisAgreementareestimatedto
be$10,550.00.TheCOUNTYwillmakenopaymenttotheAGENCYforserviceprovided
outsidetheagreedservicedistrictwhetherbyMutualAidAgreementorotherwise.The
AGENCYunderstandsandagreesthatpaymentbytheCOUNTYtotheAGENCYshallbe
madeinaccordancewiththenormalandcustomaryprocessesandbusinessproceduresofthe
COUNTY andinconformance with applicable statelaw.
V.
FINANCIALRECORDS
TheAGENCYagreestomakeitsfinancialrecordsavailableforauditand/orreviewby
theCOUNTY,uponrequestbytheCOUNTY.
2018-2019 Interlocal Corporation Agreement Fire Protection Services/Trophy ClubPage 3of 6
Town CouncilPage 52 of 129Meeting Date: November 13, 2018
VI.
RESPONSIBILITYOFTHECOUNTY
TheCOUNTY,totheextentpermittedbylaw,shallberesponsiblefortheacts,
negligenceandomissions ofallofficers,employeesandagentsoftheCOUNTYwhoare
engagedin theperformanceof this Agreement.
VII.
RESPONSIBILITYOFTHEAGENCY
TheAGENCY,totheextentpermittedbylaw,shallberesponsiblefortheacts,
negligenceandomissions ofallofficers,employeesandagentsoftheAGENCYwhoare
engagedin theperformanceof this Agreement.
VIII.
APPLICABLELAW
TheCOUNTYandtheAGENCYunderstandandagreethatliabilityunderthiscontract
isgovernedbytheTexasGovernmentCode,Chapter791andtheTexasLocalGovernment
Code,Chapter352.ThisAgreementismadeincontemplationoftheapplicabilityoftheselaws
totheAgreement.InsofaraslegallypossibletheCOUNTYandtheAGENCYagreetobe
boundbytheabove mentioned statutes astheyexist asof thedateofthisAgreement.
IX.
DEFAULT
Intheeventofdefaultofanyofthecovenantshereincontained,thisAgreementmaybe
terminatedatthediscretionofthenon-defaultingpartyifsuchdefaultcontinuesforaperiodof
ten(10)daysafternoticetotheotherpartyinwritingofsuchdefaultandtheintenttoterminate
this Agreementdueto thedefault.Unlessthedefault is cured,this Agreement shallterminate.
X.
TERMINATION
ThisAgreementmaybeterminatedanytime,byeithertheCOUNTYortheAGENCY
bygiving sixty(60) daysadvancewrittennoticetotheother party.Intheeventofterminationby
eitherparty,theAGENCYshallbecompensatedprorataforallservicesperformedtothe
terminationdatetogetherwithreimbursableexpensesthendueasauthorizedbythisAgreement.
Intheeventofsuchtermination,shouldtheAGENCYbeovercompensatedonaproratabasis
forallservicesperformedtotheterminationdateand/orbeovercompensatedreimbursable
expenses,theCOUNTY shall be reimbursedprorata for allsuch overcompensation.
2018-2019 Interlocal Corporation Agreement Fire Protection Services/Trophy ClubPage 4of 6
Town CouncilPage 53 of 129Meeting Date: November 13, 2018
Acceptanceofsuchreimbursementshallnotconstituteawaiverofanyclaimthatmayotherwise
arise out of this Agreement.
XI.
GOVERNMENTALIMMUNITY
ThefactthattheCOUNTYandtheAGENCYacceptcertainresponsibilitiesrelatingto
therenditionoffireprotectionservicesunderthisAgreementaspartoftheirresponsibilityfor
providingprotectionforthepublichealthmakesitimperativethattheperformanceofthesevital
servicesberecognizedasagovernmentalfunctionandthatthedoctrineofgovernmental
immunityshall be, andit is hereby,invokedtotheextentpermittedbylaw.Neitherthe
AGENCY,northeCOUNTYwaive,norshallbedeemedtohaveherebywaived,anyimmunity
ordefensethatwouldotherwisebeavailabletoitagainstclaimsarisingfromtheexerciseof
governmentpowers andfunctions.
XII.
ENTIRE AGREEMENT
ThisAgreementrepresentstheentireAgreementbetweentheCOUNTYandthe
AGENCYandsupersedesallpriornegotiationsrepresentationsandAgreements,eitherwritten
ororal.ThisAgreementmaybeamendedonlybywritteninstrumentsignedbybothparties.
XIII.
LAW OFCONTRACT
ThisAgreementandanyofitstermsorprovisions,aswellastherightsanddutiesofthe
partieshereto,shallbegovernedbythelawsoftheStateofTexas.The venueforanydispute,or
matter,arisingunderthis Agreementshall lieinDentonCounty,Texas.
XIV.
SEVERABILITY
IntheeventthatanyportionofthisAgreementshallbefoundtobecontrarytolaw,itis
theintentofthepartiesheretothattheremainingportionsshallremainvalidandinfullforceand
effectto thefullestextent possible.
XV.
AUTHORITY
The undersignedofficer oragentsoftheparties heretoaretheproperlyauthorized
officialsandhavethe necessaryauthorityto execute thisAgreementon behalf oftheparties.
2018-2019 Interlocal Corporation Agreement Fire Protection Services/Trophy ClubPage 5of 6
Town CouncilPage 54 of 129Meeting Date: November 13, 2018
XVI.
SERVICEAREA
AcceptanceofthisAgreementconstitutesapprovaloftheserviceareasetoutinattached
Exhibit"A".
EXECUTEDintriplicateoriginalson the datesset forthbelow.
COUNTYAGENCY
DentonCounty,Texas
nd
110 West HickoryStreet,2Floor
Denton,Texas 76201Trophy Club, Texas 76262
ByBy
MaryHornName
DentonCountyJudge
Actingon behalf ofandbytheauthority
ofDentonCountyCommissioners Court
ofDentonCounty,Texas
DATED:DATED:
ATTEST:APPROVEDASTOCONSENT:
BY:BY:
DentonCountyClerkDentonCountyFireMarshall
APPROVEDASTO FORM:
BY:
AssistantDistrictAttorney
CERTIFICATE
Iherebycertifythat funds are availablein the amount of $to
accomplishand paytheobligationofDentonCountyunderthisContract/Agreement.
James Wells,DentonCountyAuditor
2018-2019 Interlocal Corporation Agreement Fire Protection Services/Trophy ClubPage 6of 6
Town CouncilPage 55 of 129Meeting Date: November 13, 2018
2018
Ponder < 2,000
13,
35
121
3771171
November
Date:
Meeting
129
of
56
Page
Council
Town
THE COUNTY OF DENTON§
§TOWN OF TROPHY CLUB
§AMBULANCE SERVICES
STATE OF TEXAS§
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE
THIS AGREEMENT, which has an effective date of October 1, 2018,is made and
entered into by and between Denton County a political subdivision of the State of Texas,
hereinafter referred to as "theCOUNTY,"and the Town of Trophy Club,amunicipal
corporation, located in Denton County, Texas, hereinafter referred to as theAGENCY.
WHEREAS, theCOUNTYis a duly organized political subdivision of the State of Texas
engaged in the administration of county government and related services for the benefit of the
citizens of Denton County; and
WHEREAS, the AGENCYisamunicipal corporation, duly organized and operating
under the laws of the State of Texas and engaged in the provision of ambulance servicesand
related services for the benefit of the citizens of theTown ofTrophy Club; and
WHEREAS, theAGENCYis an owner and operator of certain ambulance vehicles and
other equipment designed for the transportation of persons who are sick, infirmed or injured and
has in its employ trained personnel whose duties are related to the treatment of said individuals
and the use of such vehicles and equipment; and
WHEREAS, theCOUNTYdesires to obtain emergency ambulance and related services
for the benefit of residents of theCOUNTYliving in unincorporated areas of theCOUNTY
which theAGENCYis capable of providing; and
WHEREAS, the provision of emergency ambulance and related services is a
governmental function that serves the public health and welfare and is of mutual concern to both
theCOUNTYand theAGENCY;and
WHEREAS, theCOUNTYdesires to expend County funds to defray the expense of
establishing, operating and maintaining emergency ambulance servicesin the County; and
WHEREAS, theCOUNTYand theAGENCYmutually desire to be subject to and
contract pursuant to the provisions of Texas Government Code, Chapter 791and Texas Health
and Safety Code, Section 774.003, and
Town CouncilPage 57 of 129Meeting Date: November 13, 2018
2018-2019 Interlocal Corporation Agreement Ambulance Services/Trophy ClubPage 1of 7
NOW THEREFORE, the COUNTYand the AGENCY,in consideration of the mutual
promises, covenants, and Agreements stated herein, agree as follows:
I.
TERM
The term of this Agreement shall be for the period beginning of October 1, 2018,and
ending on September 30, 2019.
II.
DEFINITIONS
As used herein, the words and phrases hereinafter set forth shall have the meanings as
follows:
A."Emergency" shall mean any circumstance that calls for immediate action and in
which the element of time in transporting the sick, wounded or injured for
medical treatment is essential to the health or life of a person or persons. Whether
an emergency, in fact, exists is solely up to the discretion of the AGENCY. For
dispatch purposes only, "emergency" shall include, but not be limited to:
1.The representation by the individual requesting ambulance service that an
immediate need exists for the transportation of a person from any location
within the agreed operating area of theAGENCYto a place where
emergency medical treatment may be obtained;or
2.The representation by the individual requesting ambulance service that an
immediate need exists for the transportation of a person from any location
within the agreed operating area of the AGENCYto the closest medical
facility.
B.Rural areameans any area within the boundaries of theCOUNTY,but outside
the corporate limits of all incorporated cities, towns and villages within the
COUNTY.
C.Urban areameans any area within the corporate limits of an incorporated city,
town or village within theCOUNTY.
D.means a response to a request for ambulance service
by the personnel of the AGENCYin a situation involving an emergency, as
defined above, by an ambulance vehicle. A single response to a call may involve
the transportation of more than one person at a time,but shall be considered as
only one call.
III.
SERVICES
The services to be rendered under this Agreement by the AGENCYare the ambulance
services normally rendered by the AGENCYto citizens of Town ofTrophy Clubin
circumstances of emergency,but which services will now be extended to all citizens of the
Town CouncilPage 58 of 129Meeting Date: November 13, 2018
2018-2019 Interlocal Corporation Agreement Ambulance Services/Trophy ClubPage 2of 7
COUNTYresiding in the unincorporated areas of theCOUNTYwithin the operating territory or
jurisdiction of theAGENCY,as agreed to by the AGENCYand theCOUNTYin this
Agreement and as set forth in Exhibit A,attached hereto and incorporatedherein by reference.
It is recognized that the officers and employees of theAGENCYhave the duty and
responsibility of rendering ambulance services to citizens of theAGENCYand the COUNTY.
In the performance of these duties and responsibilities, it shall be within the sole responsibility
and discretion of the officers and employees of theAGENCYto determine priorities in the
dispatching and use of such equipment and personnel and the judgment of the officer or
employee shall be final.
The COUNTYshall designate the County Judge to act on behalf of theCOUNTYand to
serve as "Liaison Officer" between theCOUNTYand theAGENCY. The County Judge,or her
designated substitute,shall devote sufficient time and attention to insure the performance of all
duties and obligations of theCOUNTYunder this Agreement and shall provide for the
immediate and direct supervision of employees, agents, contractors, sub-contractors and/or
laborers of the COUNTYengaged in the performance of this Agreement.
IV.
PERFORMANCE OF SERVICES
The AGENCYshall devote sufficient time and attention to insure the performance of all
duties and obligations of theAGENCYunder this Agreement and shall provide immediate and
direct supervision of the AGENCYemployees, agents, contractors, sub-contractors and/or
laborers engaged in the performance of this Agreement for the mutual benefit of theAGENCY
and theCOUNTY.
V.
COMPENSATION
COUNTYagrees to pay tothe AGENCYan estimated fee of $7,367.00(amount
rounded to the nearest dollar)based on a funding formula as follows:
1.A fixed sum based on a population percentage .4813per capita; said sum
computes to $6,543.94.
2.Afixed sum of $255.5911per ambulance transport. There were notransports
made by theAGENCYin fiscal year 2018.
3.A fixed sum based on 1.19rural miles in the agreed operating territory; said sum
computes to $822.59.
Town CouncilPage 59 of 129Meeting Date: November 13, 2018
2018-2019 Interlocal Corporation Agreement Ambulance Services/Trophy ClubPage 3of 7
The first and third sums are based upon population and mileage figures obtained from the North
Central Texas Council of Governments. The second sum is based upon the definition of an
ambulance callfor purposes of this Agreement. Payment shall not be allowed for any instance
in which a patient is not transported. Consistent with the reporting procedures described below,
theAGENCYshall receive payment for transporting the patient regardless of the service
delivery area in which the call originated.
Requests for payment shall be submitted on the standardized ambulance transportation
reporting form approved and provided bythe COUNTY. It shall be the responsibility of the
AGENCYto fully complete the forms and to provide complete and accurate patient information.
Requestsfor payment shall be submitted within five (5) days of the performance of service by
theAGENCY. Requests not timely submitted shall not be considered for payment. Requests
for payment may be submitted by personal delivery, U.S. Mail, facsimile or computer telephone
link to the office of the Denton County Fire Marshal. The date of submission shall be the date
the fully documented request is received in said office.
VI.
FINANCIAL RECORDS
The AGENCYagrees to make its financial records available for audit and/or review by
theCOUNTY,upon request by theCOUNTY.
VII.
RESPONSIBILITY OF THE COUNTY
The COUNTY, to the extent permitted by law, shall be responsible for the acts,
omissions and negligence of all officers, employees and agents of theCOUNTYwhoare
engaged in the performance of this Agreement.
VIII.
RESPONSIBILITY OF THE AGENCY
The AGENCY, to the extent permittedby law, shall be responsible for the acts,
omissionsand negligence of all officers, employees and agents of theAGENCYwho are
engaged in the performance of this Agreement.
IX.
APPLICABLE LAW
The COUNTYand theAGENCYunderstand and agree that liability under this contract
is governed by Texas Government Code,Chapter 791 and Texas Health and Safety Code,
Section 774.003.ThisAgreement is made in contemplation of the applicability of these laws to
Town CouncilPage 60 of 129Meeting Date: November 13, 2018
2018-2019 Interlocal Corporation Agreement Ambulance Services/Trophy ClubPage 4of 7
theAgreement. Insofar as legally possible theCOUNTYand theAGENCYagree to be bound
by the above mentioned statutes as they exist as of the date of this Agreement.
X.
DEFAULT
In the event of default ofany of the covenants herein contained, this Agreement may be
terminated at thediscretion of the non-defaulting party if such default continues for a period of
ten (10) days after notice to the other party in writing of such default andthe intent to terminate
this Agreement due to the default. Unless the default is cured,this Agreement shall terminate.
XI.
TERMINATION
This Agreement may be terminated at any time by either the COUNTY or the AGENCY
by giving sixty (60) days advance written notice to the other party. In the event of termination
by either party, theAGENCYshall be compensated pro rata for all services performed to
termination date together with reimbursable expenses then due as authorized by this Agreement.
In the event of such termination, shouldtheAGENCYbe overcompensated on a pro rata basis
for all services performed to the termination date and/or be overcompensated for reimbursable
expenses, theCOUNTYshall be reimbursed pro rata for all such overcompensation.
Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise
arise out of this Agreement.
XII.
GOVERNMENTAL IMMUNITY
The fact that theCOUNTYand theAGENCYaccept certain responsibilities relating to
the rendering ofambulance services under this Agreement as a part of their responsibility for
providing protection for the public health makes it imperative that the performance of these vital
services be recognized as a governmental function and that the doctrine of governmental
immunity shall be, and is hereby, invoked to the extent permitted under the law. Neither the
AGENCY,northeCOUNTYwaive,nor shall be deemed tohave hereby waivedany immunity
or defense that would otherwise be available to it against claims arising from the exercise of
governmental powers and functions.
Town CouncilPage 61 of 129Meeting Date: November 13, 2018
2018-2019 Interlocal Corporation Agreement Ambulance Services/Trophy ClubPage 5of 7
XIII.
ENTIRE AGREEMENT
This Agreement represents the entire Agreement between the COUNTYand the
AGENCYand supersedes all prior negotiations, representations and Agreements, either written
or oral. This Agreement may be amended only by written instrument signed by both parties.
XIV.
LAW OF CONTRACT
This Agreement and any of its terms or provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas.The venue for any dispute,or
matter,arising under this Agreement shall lie in Denton County, Texas.
XV.
SEVERABILITY
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the partieshereto that the remaining portions of this Agreement shall remain valid
and in fullforce and effect to the fullest extent possible.
XVI.
AUTHORITY
The undersigned officer or agents of theparties are the properly authorized officials and
have the necessary authority to execute this Agreement on behalf of theParties.
XVII.
SERVICE AREA
Acceptance of this Agreementconstitutes approval of the service area set out in attached
Exhibit "A".
EXECUTEDin triplicate originals on the dates set forth below.
COUNTY:AGENCY:
Denton County, Texas Town of Trophy Club
nd
110 West Hickory Street, 2Floor1
Denton, Texas 76201TrophyClub, Texas 76262
By:By:
Mary Horn Name _________________________
Denton County JudgeTitle __________________________
Town CouncilPage 62 of 129Meeting Date: November 13, 2018
2018-2019 Interlocal Corporation Agreement Ambulance Services/Trophy ClubPage 6of 7
Acting on behalf of and byActing on behalf of and by the
the authority of Denton Countyauthority of the The Town of Trophy Club
Commissioners Court of Denton, Texas
DATED:____________________________DATED:____________________________
ATTEST:APPROVED AS TO CONTENT:
BY:BY:
Denton County ClerkDenton County Fire Marshal
APPROVED AS TO FORM:
BY:
Assistant District Attorney
CATE
I hereby certify that funds are available in the amount of $to
accomplish and pay the obligation of Denton County under this Agreement.
James Wells, Denton County Auditor
Town CouncilPage 63 of 129Meeting Date: November 13, 2018
2018-2019 Interlocal Corporation Agreement Ambulance Services/Trophy ClubPage 7of 7
2018
Ponder < 2,000
13,
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Meeting
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Council
Town
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-536-T1
Type:Status:
Agenda ItemConsent Agenda
File created:In control:
11/2/2018Town Council
On agenda:Final action:
11/13/2018
Title:
Consider and take appropriate action regarding a Developers Agreement between the Town of Trophy
Club and GRBK Edgewood, LLC; and authorizing the Mayor or his designee to execute all necessary
documents (T. Uzee).
Attachments:
Staff Report - Developers Agreement for Townhomes.pdf
Trophy Club Town Center Townhome Developers Agreement.pdf
DateVer.Action ByActionResult
Agenda Item No. 7:
ConsiderandtakeappropriateactionregardingaDevelopersAgreementbetweentheTownofTrophyClubandGRBK
Edgewood, LLC; and authorizing the Mayor or his designee to execute all necessary documents (T. Uzee).
Town CouncilPage 65 of 129Meeting Date: November 13, 2018
To: Mayor and Town Council
From:Tommy Uzee, Director of Community Development
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: PD-30 Developers Agreement – Townhomes
Town Council Meeting, November 13, 2018
Agenda Item:
Consider and take appropriate action regarding a Developers Agreement between the Town of
Trophy Club and GRBK Edgewood, LLC; and authorizing the Mayor or his designee to execute all
necessary documents (T. Uzee).
Strategic Link:
1.Infrastructure & Development – Maintain and improve all Town infrastructure.
2.Infrastructure & Development – Collaborate effectively with other governmental entities.
Background and Explanation:
On June 12, 2018, Council approved PD-30 Developers Agreement for Trophy Club Town Center
(PD-30) consisting of 51 commercial, office, multifamily, and open space lots across
approximately 26.355 acres of land. At that time, the sale for lots 7 – 45 for the townhome
development was not included in that agreement. The sale and transfer of ownership of that
portion had not been completed.As a result, the Developers Agreement for lots 7 – 45 is now
ready for consideration so that all of the property’s infrastructure may be constructed, followed
by the construction of the townhome structures.
GRBK Edgewood, LLC is responsible for the public improvements principally listed in Section II
(A) of theDevelopers Agreement, as shown below.
1)Water Distribution System
2)Sanitary Sewer System
3)Drainage and Storm Sewer
Page 1 of 2
Town CouncilPage 66 of 129Meeting Date: November 13, 2018
Due to the multiple developers associated with this site, the owner of each lot will be
responsible for the remaining improvements.
1)Paving
2)Landscaping
3)Fences/Walls/Retaining Walls
4)Signs
5)Trail System
6)Lights
Section II (A) of the Developers Agreement also identifies whether the Property Owners
Association (POA) or the Homeowners Association (HOA) is responsible for the maintenance of
each lot on the property. Additionally, the satisfaction of Parkland Dedication is noted.
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney, Police Chief, and Fire Chief, have reviewed this item and concurs with the
Staff recommendation.
Board/Commission/ or Committee Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends approval of the Developers Agreement for the infrastructure of Trophy Club
Town Center (PD-30) Townhome Development.
Attachments:
Trophy Club Town Center Townhome Developers Agreement
Page 2 of 2
Town CouncilPage 67 of 129Meeting Date: November 13, 2018
TROPHYCLUBTOWNCENTER
DEVELOPER'S AGREEMENT
Infrastructure
This AGREEMENTbetweentheTown of Trophy Club, Texas(hereinafterreferredtoas
the "TOWN") and GRBK Edgewood, LLC.,actingby and through its duly authorizedrepresentative
(hereinafter referred toas the "DEVELOPER"),sets forth the understanding forthe
Developer's installation of public improvements and facilitieswithintheTOWNlimitsof
Trophy Club, Texas,forthe Trophy Club Town Center, moreparticularly described as a tract of
land consisting of approximately 5.9982 acres,hereinafter being referred tocollectivelyas the
"PROJECT,"andsuch public improvements being more particularly described inSectionII of
thisAGREEMENT.Itis understood by and between the parties that thisAGREEMENTis
applicabletoLots 6X, 7-45, 46X (a portion that lies outside the detention pond), 47X-51X
contained withintheFinalPlataspresentedtoTOWN Council on January27, 2018 and tothe
improvements necessaryto supportthe PROJECT,more particularlydescribed inSectionII of
thisAGREEMENT.Itis further agreedthatthisAGREEMENT,whenproperly signed and
executed, shallsatisfy the requirements of the TOWN'S SubdivisionRegulations.
I.GENERAL REQUIREMENTS
A.Itisagreed and understood by the parties heretothat the DEVELOPER has employed
a registered public surveyor licensedtopracticein the Stateof Texastoprepare the
finalplat of the PROJECTwhichwas approved byTOWN Council on January 27,
2018
B.Itisagreed and understood by the parties hereto thattheDEVELOPER employed a
civil engineer licensedto practice in the State of Texasfor the design and preparation
of the plans and specificationsfor the construction of all public improvements and
facilitiesdescribedinSectionII and covered by thisAGREEMENT.Such plans and
specificationswere approved by the Town on January 25, 2018. Unless otherwise
specified herein, such plans and specificationsshall be in accordance withthe
TOWN'S "Drainage and Utility Improvements" and the North CentralTexas Council
of Governments' (NCTCOG) Standard Specifications for Public Works
Construction, as presently adopted.
C.The DEVELOPER has awarded a construction contract forthe construction of all
PROJECT drainage public improvements and facilitiesfor the completion of the
Project. TheDEVELOPERagreesto employ a construction contractor(s) whois
approved by the TOWN,said contractor(s) tomeetTOWN and statutory
requirements for being insured, licensed and bonded toperform workin public
rights-of-way and to be qualifiedinallrespectsto bid on public streetsand public
projects of a similarnature. TheDEVELOPERagreestosubmitcontract documents
totheTOWN and participate in a pre-construction meetingwiththeTOWN and all
Developer contractors.
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Town CouncilPage 68 of 129Meeting Date: November 13, 2018
D.Prior to the executionof thisAgreement,the commencement of construction, or the
issuance of any building permits, theDEVELOPERshall present to the TOWN a
performance bond(s), payment bond(s) and maintenance bond(s), meeting the
requirements of Chapter 2253 of the Texas Government Code. Each bond shall
individually guarantee andagreeto pay an amount equal to one hundred percent
(100%) of the value of the construction costsasdetermined by the TOWN and
TOWNEngineerforall public improvements andfacilitiestobe constructed by or
onbehalf of the Developerfor the Project. Any surety company through which a
bondiswrittenshallbe a surety company duly authorized to do businessintheState
of Texas, provided that theTOWN, through theTown Attorney, shallretaintheright
toreject any surety company as a surety forany work under this or any other
DEVELOPER'SAGREEMENT regardless of such Company's authorization todo
business inTexas. Approvals by the TOWNshall not be unreasonably withheldor
delayed.
1)Asanalternativeto providing a surety bond for performance and a surety bond for
maintenanceasspecified hereinabove, Developermay provide financial
assurancesfor performance and maintenanceinthe form of a cash deposit, a
certificate of deposit, or irrevocable letter of credit. Provided however, that such
alternativefinancial assurances shall only be allowedifeachmeetsall
requirements specifiedinSection 10.02.202 of the Town of Trophy Club
Subdivision Regulations. Allsuchalternativefinancial assurances mustbe on
forms approved by the Town Attorney.
2)AsanalternativetotheDeveloper providing a performance bond, payment bond,
and maintenance bond, asspecified above, Developer may provide financial
assurancesfor performance, payment andmaintenance from a single general
contractorfor the Project, provided thatsuchassurancesmeetall other
requirements specified hereinabove and the Townisnamedas a dual obligee on
eachsuch bond. Additionally,suchalternativefinancialassurancesshall only be
allowedifeachmeetsall requirements specifiedinSection 10.02.202 of the Town
of Trophy Club Subdivision Regulations. Allsuchalternative financial
assurancesmust be on forms approved by the Town Attorney.
E.The performance bond(s) shallbesubmittedin statutory form guaranteeing the full
and faithfulcompletion of the facilities and improvements required under this
Agreementforcompletion of the PROJECTtotheTOWN and provide forpayment
totheTOWNofsuch amounts up to the totalremaining amounts required for the
completion of the PROJECT if the work is not completedas required hereunder.
F.The payment bond(s) shall be submittedinstatutory form guaranteeing payment of
all labor and materialcosts of the Project and shallbe furnished solelyfor the
protection of allclaimants supplying labor and materialin the performance of the
work provided for under this AGREEMENT. The maintenance bond(s) shall
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Town CouncilPage 69 of 129Meeting Date: November 13, 2018
guarantee the payment ofany and allnecessarymaintenance of the Project for a
period of two (2) years following acceptance of the public improvements and
facilities by the TOWN,inan amount equal to one hundred (100%) percent of the
value of the construction costs of allthe public improvements and facilitiestobe
constructed under thisAgreementinrespecttotheProject.
G.Any guarantee of performance, maintenance,or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit, and/or cash
deposit or thelike) (individually a "Guarantee"orcollectively the "Guarantees")
submitted by or through theDEVELOPER on a form otherthantheonewhich has
been previously approved by the TOWNas"acceptable"shall be submittedto the
Town Attorney attheDEVELOPER'S expense, and construction of the Project shall
not commence until theTown Attorney has approved such Guarantees. Approval by
the TOWN (and the Town Attorney) shall not be unreasonably withheld or delayed.
Allsuch Guarantees shall be maintainedinfull force and effect until such timeas the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENTasagreedtoin writing by the TOWN, and failure tokeepsamein
force and effectshallconstitute a breach of thisAGREEMENT. Failure tomaintain
performanceand paymentGuaranteesmeeting the requirementsofthis
AGREEMENT shall result in a stop work order being issued by the Town.
Additionally,all Guarantees furnished hereunder which expire prior to the
completion of construction or applicable warranty periods shall be renewed in
amounts designated by the TOWN and shall be delivered to the TOWN and
approved by the TOWNon or before the tenth(10th) banking day before the dateof
expiration of any then existing Guarantee. If theDEVELOPERfailstodeliver any
Guarantee to the TOWN within the time prescribed herein, such failure shall
constitute a breach of thisAGREEMENT and shall be a basisfor the TOWNto draw
onall or any portion of any existing Guarantee in addition toany or all other
remedies availabletotheTOWN. The DEVELOPER further agreestorelease and
forever hold the TOWN harmless from anylosses,damages and/or expenses incurred
by the DEVELOPERfor any delays due to the TOWN'Sreview of any Guarantee
whichisin a form otherthan one whichhasbeen previously approved by the
TOWN.The TOWN requires theDEVELOPER tohave all Guarantee forms
approved prior tothecommencement of work and construction of improvements.
H.The DEVELOPER'S contractor has prepared detailedestimates of $109,882.00
andtheTOWNEngineer has approved anestimate of $109,882.00 for the cost of
publicimprovements and facilitiesfor the Project. The detailedcostestimates are a
part of thisAGREEMENT and areattachedheretoas"AttachmentA"and
incorporatedherein. The TOWNshall not accept any construction improvements
outside of theProject and the two (2) year warranty forsuch improvements shall
not commenceuntilall construction activities are completed and acceptedby the
TOWN.
I.Developershall submit all documentation evidencing that each of the Guarantees
required under this Agreement havebeen provided and all required insurance has
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Town CouncilPage 70 of 129Meeting Date: November 13, 2018
been obtained prior to the pre-construction meeting.
J.The DEVELOPERagreesto notify all contractors and subcontractors working on the
PROJECT thatalltheir work is subject to inspection by a TOWN Inspector at any
time, and thatsuch inspection may require a certification by the contractors and
subcontractors of the type, kind, and quality of materialsused on thePROJECT.
K.Should any work or construction of improvements or facilities on thePROJECT
which has not beencontemplatedin the current construction documents (plans and
specifications), theplat, or thisAGREEMENT,becomenecessary due tosite
conditions, then the DEVELOPERshall be requiredtocontactinwriting(with a
copy to the TOWNof Trophy Club), the TOWNEngineertodeterminehowsuch
work or construction should progress. The DEVELOPER further agreesto follow all
reasonable recommendations and requirements imposed by the TOWN Engineer in
such instance. (Addresses for points of contactareasfollows:)
Town of Trophy ClubTeague, Nall & Perkins
Mr. Thomas M. Class, Sr., Town ManagerMr. Tom Rutledge, Town Engineer
1 Trophy Wood Drive5237 Riverside Dr., Ste. 100
Trophy Club, Texas 76262Fort Worth, Texas 76137
Phone: (682) 237-2901Phone: (817) 336-5773
Email: tclass@trophyclub.orgEmail: trutledge@tnpinc.com
L.TheDEVELOPERagreestocauseall work and construction of improvementsand
facilitiestobe stopped upon twenty-four (24) hour notification from theTOWN or
TOWNEngineer of nonconforming improvements, including the materialsused and
the methods of installation. The DEVELOPER further agreesto correct all non-
conformities in accordance withtheTOWN and the TOWN Engineer's instructions.
M.After completion and prior toacceptance of all work, the DEVELOPERmust furnish
to the TOWNanaffidavit of allbills paid.
N.The Homeowners Association(HOA) and Property Owners Association(POA)is
responsible formaintenance of alllots,asoutlinedinSectionII.A. of this
DEVELOPER'SAGREEMENT. A comprehensiveDeclaration of Covenants,
Conditions and Restrictions (the "DECLARATION") hasbeencompletedandfiled
for the POA and a similar declaration isinthe process of being negotiatedfor the
HOA. The HOAislimitedto the portion of the development encompassing the
townhomes and creekwhilethePOAoverseesallcommercial common areas.
II.PUBLIC IMPROVEMENTS ANDFACILITIES TO BE CONSTRUCTED
A.The following public improvements and facilities are to be constructed and completed
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Town CouncilPage 71 of 129Meeting Date: November 13, 2018
in accordance withthe approved plans and specificationsasdescribedinAttachment
"B":
1)WaterDistributionSystem.
2)Sanitary SewerSystem.
3)Drainage and Storm Sewer.
The respective owners of each lot will be responsible for construction and completion of the
following items, whose plans have already been approved by the Town. Each of the itemsshall
be completed concurrently withthisAGREEMENT:
1)Paving.
2)Landscaping.
3)Fences/Walls/Retaining Walls.
4)Signs.Allsignageshall comply withPD-30 Development Standards and such
signagewill be uniform throughout the PROJECTutilizing common vendors
consistentwith the DECLARATION.
5)TrailSystem.Variablewidthtrailwithbothconcrete and decomposed granite
sections.
6)Lights. Outdoor lights shall complywithPD-30Development Standards, be
installedasdesignated on streetlight layout plan approved by Town and
submittedto Oncor. Light-poles and basesshallbe uniform through the
PROJECT utilizingcommon vendors consistent with the DECLARATION.
Furthermore, in accordance withtheFinalPlat, the HOAShallmaintainlots 7-45, 47X-51X, 6X,
and the portion of lot 46X that lies outside the detention pond, to include mowing, irrigation, and
regular maintenancewhilethePOAshallmaintainlots 1-5 and the portion of lot 46X that lies
withinthe detention pond, aswellas any unnamed properties, to include mowing, irrigation, and
regularmaintenance.
DEVELOPER and TOWN acknowledge that the Parkland Dedication requirement for the
PROJECT wassatisfied through the settlementagreement requiring payment by the Developerto
the Town's park fund inthe amount of $750,000.00.
B.Phase 2. The following public improvements and facilitiesto be constructed asPhase
2 of the Project shall be completed in accordance with the approved plans and
specificationsasdescribedinAttachment"B": None
C.Other.
1.Bench marks tobelocatedas shown on the approved plans.
2.Upon completion, three(3)sets and a CD of as-builts/record drawings and one (1)
set of reproducible (Mylar) drawings shall be submittedtotheTOWNwithintwo
(2) months following the acceptance of the public improvements and facilities.
3.Testing
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Town CouncilPage 72 of 129Meeting Date: November 13, 2018
The Developershall provide allgeotechnical and materialstests required by the
TOWNEngineer and TOWN Inspector at the DEVELOPER'Scostin accordance
withSection 10.02.203 of the Town of Trophy Club Subdivision Regulations.
Suchtestsshall be conducted by an independent laboratory acceptableto the
Town.
4.Permits
The DEVELOPER will pay a Developer's inspection fee inthe amount of
$5494.10 (5% of $109,882.00) tocover the cost of TOWN inspection feesas
related to the construction of the Project.The Developers may be obligatedto pay
other TOWNfeesasset forth intheTOWN'S Schedule of Fees,asmay be
amended from timetotime. The DEVELOPERwill be responsible for obtaining
any other permits whichmay be required by other federal, state or local
authorities.
5.Planned DevelopmentDistrictNo.30.
Developershall construct and maintainall improvements inaccordancewiththe
TOWN approved Planned Development DistrictNo. 30 and allTOWN approved
amendments thereto.
III.GENERAL PROVISIONS
A.The DEVELOPER’s general contractoragreesto furnish and maintainatalltimes
prior to the TOWN'Sfinal acceptance of the public improvements andcommunity
facilities for the Project,an owners protective liability insurance policy naming the
TOWNas insured forproperty damage and bodily injury in the amounts.
"occurrence"basis and shallbeissuedwith a combined
Coverage shall be on an
bodily injury and propertydamageminimumlimit of $600,000 per occurrence and
$1,000,000aggregate.
B.Exclusive venue of anyaction brought hereunder shall be in Denton, Denton County,
Texas.
C.Approval by the TOWNEngineerof any plans, designs or specificationssubmitted
by the DEVELOPER pursuant tothisAGREEMENTshall not constitute or be
deemedto be a release of the responsibility and liabilityof the DEVELOPER,his
engineer, employees, officers or agentswithrespecttothe construction of anyof the
PROJECT'S improvements or facilities, or for the accuracy and competency of the
PROJECT'S improvements and facilitiesdesignand specifications prepared by the
DEVELOPER'S consulting engineer, his officers,agents, servants or employees,it
being the intent of the partiesthat the approval by the TOWNEngineersignifies the
TOWN'S approval on only the general design concept of the improvements and
facilitiestobe constructed. The DEVELOPERshallrelease, indemnify, defend and
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Town CouncilPage 73 of 129Meeting Date: November 13, 2018
hold harmless the TOWN,itsofficers,agents, servants and employees, from any
demands, actions, causes of action, obligations, loss,damage,liability or expense,
including attorneysfees and expenses, on account of or with respect todamageto
property and injuries, including death, toany andall persons whichmay arise out of
or result from any defect,deficiency or negligencein the construction of the
PROJECT'S public improvements and facilities or withrespecttothe
DEVELOPER'S Engineer's designs and specifications incorporated intoany
improvements andfacilities constructed inaccordancetherewith,and the
DEVELOPERshall defendathis own expense anysuits or other proceedings
brought against the TOWN,its officers, agents, servants or employees, or any of
them, on account thereof, and pay all expenses and satisfyalljudgmentswhichmay
be incurred or rendered againstthem or any of them in connection herewith. All
responsibility and liabilityfor drainage toadjacent and downstream properties from
development of thisPROJECTwill accrue totheDEVELOPER.
D.Liabilityfor construction. The DEVELOPER,itssuccessors,permittees,permitted
assigns, vendors, grantees and/or trustees do hereby fullyrelease and agreeto
indemnify, hold harmless and defend theTOWN,its officers, agents, servants and
employees from alllosses,damage liabilities,claims, obligations, penalties, charges,
costs or expensesof any nature whatsoever,for property damage, personal injury or
death, resulting from or in any wayconnectedwiththis contract or the construction
of the improvements or facilities or thefailuretosafeguard construction work, or any
other act or omission of the DEVELOPER or its contractors or subcontractors, their
officers, agents, servants oremployeesrelated thereto.
E.FinalAcceptance of Infrastructure. The TOWNwill not issue a Letter of Acceptance
until all public facilities and improvements arecompletely constructed (Final
Completion) tothesatisfaction of the TOWN and the TOWN Engineer. However,
uponSubstantial Completion, a "punch list" of outstanding itemsshall be presented
totheDeveloper's contractor(s) indicating those outstanding itemsandtheir
deficiencies that needtobeaddressedforFinal Completion of the Improvements.
F.NeitherthisAgreement nor any part hereof or anyinterests, rights, or obligations
herein, shall not be assignedby the DEVELOPER without the express written
consent of the TOWN Council.
G.All work performed under thisAGREEMENTshall be completedwithineighteen
months from the date hereof. In the eventtheworkis not completedwithin the
eighteen (18) month period, the TOWNmay,atitssoleelection, draw down or
otherwise exerciseit rights under or withrespectto any Guarantee provided by the
DEVELOPER and completesuch work atDEVELOPER'S expense; provided,
however, that if the construction under thisAGREEMENTshallhavestartedwithin
the eighteen (18) month period, the TOWNmay agree torenewtheAGREEMENT
withsuchrenewed AGREEMENTto be inwriting and incompliancewiththe
TOWNpoliciesineffectatthattime. Notwithstanding the foregoing, in the event
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Town CouncilPage 74 of 129Meeting Date: November 13, 2018
that theperformance by eitherpartyofany of its' obligations or undertakings
hereunder shallbe interrupted or delayedbyany occurrence and notoccasioned by
the conduct of eitherparty hereto, whethersuch occurrence be anact of God or the
common enemy or the result of war,riot,civil commotion, or sovereign conduct,
then upon written notice of suchoccurrence,such party shall be excused from
performance for a period of timeasis reasonably necessaryaftersuch occurrenceto
remedy the effectsthereof, and eachpartyshallbear the cost of any expense itmay
incur duetothe occurrence.
H.This Developer's AGREEMENTshall be construed inaccordancewiththeTown of
Trophy Club, Texas Subdivision Regulations and allother applicable ordinances.
Anyconflictsbetween the provisions of this Developer's AGREEMENT, the
TOWN'S Subdivision Regulations, TownOrdinances, and State and Federallaw,
shallbe construed infavorof theTown's ordinance(s) asallowed by law, subject to
Chapter 245 of theLocal Government Code. Tothe extent that any such conflict
exists,only that portion of the Developer's AGREEMENTwhichisin conflict shall
be severable from the other provisions of the AGREEMENT, and such conflict shall
in no manner affect the validity or enforceability of the remaining provisions.
I.All rights, remediesandprivilegespermitted or availableto the TOWN under this
AGREEMENT or atlaw or equity shall be cumulative and not alternative, and
election of anysuch right, remedy or privilegeshallnot constitute a waiver or
exclusive election of rights, remedies or privilegeswith respect to any other
permitted or available right, remedy or privilege.Additionally, one instance of
forbearance by the Townin the enforcement of anysuch right, remedy or privilege,
shallnot constitute a waiver of such right, remedy or privilegeby the Town. A
default under thisAgreement by the TOWNshall not result in a forfeiture of any
rights, remedies, or privileges under thisAgreementby the TOWN.
SIGNEDANDEFFECTIVEonthedatelastsetforthbelow.
DEVELOPER:
GRBK Edgewood, LLC.
By: _______________________________
BOBBY SAMUEL, Vice President
Date: ______________________________
8
Town CouncilPage 75 of 129Meeting Date: November 13, 2018
TOWN OF TROPHY CLUB:
By: ______________________________
Mayor, TOWN of Trophy Club
ATTEST:
______________________________
TownSecretary, Townof Trophy Club
Date: _________________________
APPROVED AS TO FORM:
_______________________________
Town Attorney, Town of Trophy Club
9
Town CouncilPage 76 of 129Meeting Date: November 13, 2018
Town CouncilPage 77 of 129Meeting Date: November 13, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-533-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/29/2018Town Council
On agenda:Final action:
11/13/2018
Title:
Case RP-18-001 (The Highlands, Lot 22R)
A)Conduct a Public Hearing regarding a request for a replat for the purpose of combining two
commonly owned properties into one lot containing approximately 0.29 acres of land and generally
located west of Highlands Court and approximately 150 feet north of Morgan Lane (L. Payne).
B)Consider and take appropriate action regarding a request for a replat for the purpose of
combining two commonly owned properties into one lot containing approximately 0.29 acres of land
and generally located west of Highlands Court and approximately 150 feet north of Morgan Lane (L.
Payne).
Attachments:
Staff Report - Case RP-18-001.pdf
Exhibit A - Location Map.pdf
Exhibit B - Existing Final Plat.pdf
Exhibit C - Proposed Replat.pdf
DateVer.Action ByActionResult
Agenda Item No. 8:
Case RP-18-001 (The Highlands, Lot 22R)
A)ConductaPublicHearingregardingarequestforareplatforthepurposeofcombiningtwocommonlyowned
propertiesintoonelotcontainingapproximately0.29acresoflandandgenerallylocatedwestofHighlandsCourtand
approximately 150 feet north of Morgan Lane (L. Payne).
B)Considerandtakeappropriateactionregardingarequestforareplatforthepurposeofcombiningtwocommonly
ownedpropertiesintoonelotcontainingapproximately0.29acresoflandandgenerallylocatedwestofHighlands
Court and approximately 150 feet north of Morgan Lane (L. Payne).
Town CouncilPage 81 of 129Meeting Date: November 13, 2018
To: Mayor and Town Council
From:Lisa Payne, Town Planner
CC: ThomasM. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case RP-18-001
Town Council Meeting, November 13, 2018
Agenda Item:
Case RP-18-001 (The Highlands, Lot 22R)
A)Conduct a Public Hearing regarding a request for a replat for the purpose of combining
two commonly owned properties into one lot containing approximately 0.29 acres of
land and generally located west of Highlands Court and approximately 150 feet north of
Morgan Lane(L. Payne).
B)Consider and take appropriate actionregarding a request for a replat for the purpose of
combining two commonly owned properties into one lot containing approximately 0.29
acres of land and generally located west of Highlands Court and approximately 150 feet
north of Morgan Lane (L. Payne).
Strategic Link:
Nature & Beautification – Maintain Town assets, services, and codes of ordinances that
preserve the natural beauty of the Town.
Background and Explanation:
The property owners of Lot 22 on Highlands Court have acquired 1,802 square feet from the
Town at the rear of their lot. This property is tucked in between Gas Well Site #2-H and the
applicants’ rear property line. Since that land is not useful to the Town, it was determined on
April 24, 2018 by the Town Council that the applicants may secure it for their own use with the
condition that the Town is not responsible for any fees associated with the transfer of property.
The associated deed has been filed with Denton County and the applicants plan to fence in the
newly acquired land to provide for a larger backyard.
The proposed replat includes the extension of the existing 15 foot sanitary sewer easement
along the western property line of Lot 22R. Just like the existing backyard, the new portion of
Page 1 of 2
Town CouncilPage 82 of 129Meeting Date: November 13, 2018
the lot is within 200 feet of a gas well head which is allowable as only habitable structures are
not allowed to be within 200 feet of a nonproducing well head.
The proposedreplat conforms to the Town’s Subdivision Regulations. Public notice was
published in the newspaper and sent to those who own property within 200 feet of the subject
property, as required by State law when considering residential replats.
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney has reviewed this item and concurs with the Staff recommendation.
Planning andZoning Commission Recommendation:
The Planning and ZoningCommission considered this case on Thursday, November 1, 2018 and
unanimously recommended approval of the replat.
Staff Recommendation:
Staff recommends approval of the replat.
Attachments:
Exhibit A – Location Map
Exhibit B – Existing Final Plat
Exhibit C – Proposed Replat
Page 2 of 2
Town CouncilPage 83 of 129Meeting Date: November 13, 2018
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AND
REPLAT
SITUATED IN THE
A 1,802 SQUARE FEET TRACT
NEIGHBORHOOD 5 - PHASE 2B
DOCUMENT NO. 2011-70, P.R.D.C.T.
PREPARED ON SEPTEMBER 20, 2018
THE HIGHLANDS AT TROPHY CLUB
A SUBDIVISION OF 0.280 OF AN ACRER. ALLEN SURVEY, ABSTRACT NO. 17
BEING A REPLAT OF LOT 22, BLOCK G
LOT 22-R, BLOCK G
DOCUMENT NO. 2018-118273, O.P.R.D.C.T.
day of
TOWN OF TROPHY CLUB, DENTON COUNTY TEXAS
NEIGHBORHOOD 5 - PHASE 2B
THE HIGHLANDS AT TROPHY CLUB(817) 431-4971
Keller, Texas 76248
JPH Land Surveying, Inc.
807 Bluebonnet Drive, Suite C
, known to me to be the person whose name is subscribed in the foregoing instrument and
KNOW ALL MEN BY THESE PRESENTS:That I, Robert W. Bryan, do hereby certify that I prepared this plat from an actual and accurate survey of the land andthat the corner monuments shown
thereon as set were properly placed under my personal supervision in accordance withthe Subdivision Ordinance of the Town of Trophy Club.Robert W. BryanRegistered ProfessionalLand Surveyor
No. 5508robertb@jphls.comDate of Survey:TBDBEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appearedacknowledged to me that he executed
the same for the purposes and considerations therein expressed, and in the capacitytherein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the Notary Public in and for the State
of Texas This plat correctly represents the required easements for the development.TOWN COUNCIL & PLANNING AND ZONING COMMISSION APPROVAL
SURVEYOR'S CERTIFICATE
Guy Grivas and Megan Grivas
2641 Highlands Ct, Trophy Club, Texas 76262
22-R,
, known
Lot
, known to
.
the Town of Trophy Club and do hereby dedicate to the public use
to
, Owners, do hereby adopt this plat designating the hereinabove described property as
Block G, The Highlands at Trophy Club Neighborhood 5 - Phase 2B
Lot 22-R,, known to me to be the person whose name is subscribed to the above and foregoing instrument, and
corner of said Lot 22 and the northwest corner of Lot 21 in said Block G, said rebar also being in the east line of a 4.209 acretract conveyed to Beck Properties Trophy Club, L.P., as
recorded in County Clerk's Document Number 93-R0087516,OPRDCT, said 4.209 acre tract being known as "Pad Site 2H" and being more particularly described as "Save & Except" tractin deed
to 831-Trophy, L.P., as recorded in County Clerk's Document Number 2006-128658, OPRDCT;feet to a 1/2-inch capped rebar stamped "JPH Land Surveying" set for the northwest corner of the
herein described tract;in said Block G, and continuing along the common north line of said Lot 22 and the south line of said Lot 23, in all a totaldistance of 175.05 feet to a bent
5/8-inch rebar found for the common northeast corner of said Lot 22 and the southeast cornerof said Lot 23, said rebar being in the west right-of-way line of Highlands Court (a variable
width right-of-way as shown in saidCounty Clerk's Document Number 2011-70);feet, a delta angle of 10 degrees 57 minutes 45 seconds, and a chord bearing and distance of SOUTH 22 degrees
45 minutes 30seconds WEST, 64.95 feet to a 1/2-inch capped rebar stamped "BLS 5519" found at the common southeast corner of Lot 22 andthe northeast corner of the aforementioned Lot
21;a distance of 135.19 feet to the POINT OF BEGINNING and CONTAINING 12,213 square feet of land area.
1/2-inch capped rebar stamped "BLS 5519" found at the common northwest corner of Lot 22 and the southwest corner of Lot 23
at a 5/8-inch capped rebar stamped "Jacobs" found at the south corner of said Grivas tract and being the common southwest
Guy Grivas and Megan Grivas, husband and wife are the owners of that certain 12,213-square foot tract situated in the R. Allen
129
of
86
Page
Megan Grivas recorded in County Clerk's Document Number 2018-118273 in the Official Public Records of Denton County, Texas(OPRDCT) and all of Lot 22 in Block G of The Highlands at Trophy
Club, Neighborhood 5 - Phase 2B, an addition to the Town of TrophyClub as recorded in Document Number 2011-70, OPRDCT; the subject tract, surveyed by JPH Land Surveying, Inc., is more
particularlydescribed as follows (Bearing basis is grid north per the Texas Coordinate System of 1983, North Central Zone):BEGINNINGTHENCENORTH 00 degrees 00 minutes 06 seconds WEST,
with said east line and the west line of said Grivas tract, a distance of 102.58THENCESOUTH 61 degrees 45 minutes 41 seconds EAST, along the north line of said Grivas tract, at a distance
of 39.89 feet passing aTHENCE65.06 feet along the arc of a non-tangent curve to the left and concave to the southeast, said curve having a radius of 340.00THENCE NORTH 72 degrees
43 minutes 29 seconds WEST, with the common south line of said Lot 22 and the north line of said Lot 21,That we, Block G, The Highlands at Trophy Club Neighborhood 5 - Phase 2B forever
the streets and alleys shown hereon and do hereby reserve the easement strips shown on this plat for the mutual use andaccommodation of garbage collection agencies and all public utilities
desiring to use or using same. Any public utility shall have the right toremove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths
which in any way endanger orinterfere with the construction, maintenance or efficiency of its respective systems on any of these easement strips and any public utility shallat all times
have the right of ingress and egress to and from and upon the said easement strips for the purpose of constructing, reconstructing,inspecting, and patrolling, without the necessity
at any time of procuring the permission of anyone. This plat approved subject to all plattingordinances, rules, regulations, and resolutions of the Town of Trophy Club, Texas.Witness
our hands at Denton County, Texas, this ____ day of ____________________________, 2018.Before me, the undersigned authority, a Notary Public in and for said County and State on this
day personally appeared me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same forthe purpose and considerations
therein expressed.Given under my hand and seal of office on this the ___ day of ____________________________, 2018.__________________________________Notary Public in and for the State
of TexasBefore me, the undersigned authority, a Notary Public in and for said County and State on this day personally appeared to me to be the person whose name is subscribed to the
above and foregoing instrument, and acknowledged to me that she executed the samefor the purpose and considerations therein expressed.Given under my hand and seal of office on this
the ___ day of ____________________________, 2018.__________________________________Notary Public in and for the State of Texasthe Official Public Records of Denton County, Texas, does
hereby consent to the replat of said tract as shown hereon, and do further herebyjoin, approve and consent to all plat note requirements shown hereon, and do hereby dedicate to the
Town of Trophy Club the streets, alleys,rights-of-way, easements and public places shown hereon for such public purposes as the Town of Trophy Club may deem appropriate. Thissubdivision
is to be known as TO CERTIFY WHICH, WITNESS by my hand this _____ day of ____________, 20____._____________________________________________________________________________________________________Bef
ore me, the undersigned authority, a Notary Public in and for said County and State on this day personally appearedacknowledged to me that he executed the same for the purpose and considerations
therein expressed.Given under my hand and seal of office on this the ___ day of ____________________________, 2018.__________________________________Notary Public in and for the State
of Texas
Survey, Abstract No. 17, Town of Trophy Club, Denton County, Texas, said tract being all of the tract described in the deed to Guy Grivas andSuntrust Mortgage, Lien Holder of the certain
tract of land shown hereon and described in a deed recorded in Document No. 2012-117813 of
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County Clerk's Document Number 2018-118273 in the Official Public Records of Denton County, Texas (OPRDCT) and all of Lotimprovements associated with the subdivision are approved by
the town.Texas and Incorporated Areas, map no. 48121C0515G, dated 2011/04/18. This property lies within ZONE X (NON-SHADED) ofsaid Flood Insurance Rate Map.surveyor, verifying the distance
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of 200 feet.5.To build a habitable structure on a lot adjacent to a gas well, the builder must submit a survey, signed and sealed by a licensed6.This survey was performed without the
benefit of a commitment for title insurance. Therefore, there may be easements or documents7.The field work was completed on September 18, 2018.
SURVEYOR'S NOTES:1.The sole purpose of this Replat is to combine all of the tract described in the deed to Guy Grivas and Megan Grivas recorded inT
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1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-534-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/29/2018Town Council
On agenda:Final action:
11/13/2018
Title:
Case RP-18-002 (Oak Hill, Lots 63R & 64R)
A)Conduct a Public Hearing regarding a request for a replat for the purpose of approving
setbacks, vacating an easement, and relocating a property line between two commonly owned lots
containing approximately 0.62 acres of land and generally located northeast of Hilltop and
approximately 170 feet north of Oak Hill Drive (L. Payne).
B)Consider and take appropriate action regarding a request for a replat for the purpose of
approving setbacks, vacating an easement, and relocating a property line between two commonly
owned lots containing approximately 0.62 acres of land and generally located northeast of Hilltop and
approximately 170 feet north of Oak Hill Drive (L. Payne).
Attachments:
Staff Report - Case RP-18-002.pdf
Exhibit A - Location Map.pdf
Exhibit B - Oak Hill Plat 6.6.1977.pdf
Exhibit C - Easement Abandonment Form.pdf
Exhibit D - Location of Existing House on Lot 63.pdf
Exhibit E - Replat.pdf
DateVer.Action ByActionResult
Agenda Item No. 9:
Case RP-18-002 (Oak Hill, Lots 63R & 64R)
A)ConductaPublicHearingregardingarequestforareplatforthepurposeofapprovingsetbacks,vacatingan
easement,andrelocatingapropertylinebetweentwocommonlyownedlotscontainingapproximately0.62acresof
land and generally located northeast of Hilltop and approximately 170 feet north of Oak Hill Drive (L. Payne).
B)Considerandtakeappropriateactionregardingarequestforareplatforthepurposeofapprovingsetbacks,
vacatinganeasement,andrelocatingapropertylinebetweentwocommonlyownedlotscontainingapproximately
0.62acresoflandandgenerallylocatednortheastofHilltopandapproximately170feetnorthofOakHillDrive(L.
Payne).
Town CouncilPage 87 of 129Meeting Date: November 13, 2018
To: Mayor and Town Council
From:Lisa Payne, Town Planner
CC: ThomasM. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case RP-18-002
Town Council Meeting, November 13, 2018
Agenda Item:
Case RP-18-002 (Oak Hill, Lots 63R & 64R)
A)Conduct a Public Hearing regarding a request for a replat for the purpose of approving
setbacks, vacating an easement, and relocating a property line between two commonly
owned lots containing approximately 0.62 acres of land and generally located northeast
of Hilltop and approximately 170 feet north of Oak Hill Drive (L. Payne).
B)Consider and take appropriate actionregarding a request for a replat for the purpose of
approving setbacks, vacating an easement, and relocating a property line between two
commonly owned lots containing approximately 0.62 acres of land and generally located
northeast of Hilltop and approximately 170 feet north of Oak Hill Drive (L. Payne).
Strategic Link:
Nature & Beautification – Maintain Town assets, services, and codes of ordinances that
preserve the natural beauty of the Town.
Background and Explanation:
On Hilltop within the Oak Hill subdivision, Lot 63 contains an existing house and Lot 64is vacant
land. The properties have the same owner and the applicant would like to purchase both.
Before a sale can be executed, Lot 63 needs to come into compliance with the Town’s Zoning
Ordinance because the existing house encroaches on the common lot line and adjacent
easement. In addition, side and rear property lines and setbacks need to be specifically
identified to confirm that the house is not encroaching on the required setbacks.
The common lot line that separates Lot 63 and Lot 64 is proposed to be shifted south to allow
for the existing house on Lot 63 to no longer invade upon said lot line and the adjacent
easement.The overall plat for Trophy Club Oak Hill (Exhibit B) notes that there is a 10 foot wide
drainage and utility easement centered upon side lot lines. Thus, the request also includes
establishing a 10 foot drainage and utility easement to be centered on the new lot line and
Page 1 of 2
Town CouncilPage 88 of 129Meeting Date: November 13, 2018
abandoning the 10 foot existing drainage and utility easement that is centered on the current
common lot line.The applicant has obtained signatures from utility entities via the Easement
Abandonment Form that is attached (Exhibit C). This form requires these entities to verify if
abandonment of the easement is acceptable in this specific location and provide direction if
there’s a conflict. If the request to move the common property line and associated easement is
approved, both lots will continue to exceed the minimum lot size of 8,800 square feet.
Due to the unusually shaped lots and the placement of the existing house, lot lines need to be
specificallyclassified, in regards to front, side, and rear setbacks. On Lot 63, the applicant would
like to continue considering the lot line that is proposed for relocation as a side lot line with a 5
foot setback, identify the 20 foot front setback at 75 feet in length, confirm the side lot line
with a 5 foot setback on the west end of the property, identify the two lot lines on the north
end of the property as side lot lines with 5 foot setbacks, and confirm the eastern property line
is rear with a 20 foot setback. The applicant’s above classification of lot lines matches the
required setbacks in Section 14.02.159 (R-OH Oak Hill Single Family District) of the Zoning
Ordinance and finds both lots and the house as conforming.
The proposed replat conforms to the Town’s Subdivision Regulations. Public notice was
published in the newspaper and sent to those who own property within 200 feet of the subject
property, as required by State law when considering residential replats.
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney has reviewed this item and concurs with the Staff recommendation.
Planning andZoning Commission Recommendation:
The Planning and Zoning Commission considered this case on Thursday, November 1, 2018.
During the public hearing, several property owners that live in Oak Hill spoke about their
drainage problems due to the topography of the neighborhood. The Commission recognized
the issue, but explained that the applicant’s request to move a lot line does not affect the
neighborhood’s drainage, and added that a drainage plan will be required when building plans
are submitted for the vacant lot. The Commission recommended approval of the replat with a
vote of 5-1.
Staff Recommendation:
Staff recommends approval of the replat.
Attachments:
Exhibit A – Location Map
Exhibit B – Oak Hill Plat 6.6.1977
Exhibit C – Easement Abandonment Form
Exhibit D – Location of Existing House on Lot 63
Exhibit E – Replat
Page 2 of 2
Town CouncilPage 89 of 129Meeting Date: November 13, 2018
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Exhibit C
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Exhibit C
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Exhibit C
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Exhibit C
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Exhibit C
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1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-513-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/24/2018Town Council
On agenda:Final action:
11/13/2018
Title:
Referred Agenda Item - Case O-AMD-17-004 (Artificial Turf)
Consider and take appropriate action regarding an Ordinance for a Town-initiated request to amend
Landscaping Regulations in Section 14.02.352(d)(5) and Section 14.02.352(g)(5) of the Trophy Club
Code of Ordinances to allow artificial turf on residentially zoned properties (T. Uzee).
Attachments:
Staff Report - Artificial Turf.pdf
ORD 2018-27 PZ.pdf
DateVer.Action ByActionResult
Agenda Item No. 10:
Referred Agenda Item - Case O-AMD-17-004 (Artificial Turf)
ConsiderandtakeappropriateactionregardinganOrdinanceforaTown-initiatedrequesttoamendLandscaping
RegulationsinSection14.02.352(d)(5)andSection14.02.352(g)(5)oftheTrophyClubCodeofOrdinancestoallow
artificial turf on residentially zoned properties (T. Uzee).
Town CouncilPage 103 of 129Meeting Date: November 13, 2018
To: Mayor and Town Council
From:Tommy Uzee, Director of Community Development
CC: Thomas M. Class Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Case O-AMD-17-004
Town Council Meeting, November 13, 2018
Agenda Item:
Referred Agenda Item - Case O-AMD-17-004 (Artificial Turf)
Consider and take appropriate action regarding an Ordinance for a Town-initiated request to
amend Landscaping Regulations in Section 14.02.352(d)(5) and Section 14.02.352(g)(5) of the
Trophy Club Code of Ordinances to allow artificial turf on residentially zoned properties (T.
Uzee).
Strategic Link:
Nature & Beautification – Maintain Town assets, services, and codes of ordinances that
preserve the natural beauty of the Town.
Background and Explanation:
Under Council direction, staff provided research and ordinance drafts to allow artificial turf on
residential properties at the December 12, 2017, February 13, 2018, and October 23, 2018
Town Council meetings.
At the most recent meeting, Council voted to refer this item to the next meeting so more
specifications could be added to the proposed ordinance amendment. As a result, a definition
of artificial turf has been added to Section 14.02.352(d)(5) and a permit requirement has been
added to Section 14.02.352(g)(5).
The following contains the proposed additions to Section 14.02.352 entitled “Landscaping
Regulations” within the Trophy Club Code of Ordinances to allow residentially zoned property
owners to install artificial turf to all maintained areas that are typically sodded.Proposed
language is in red.
Page 1 of 3
Town CouncilPage 104 of 129Meeting Date: November 13, 2018
“Section 14.02.352 Landscaping Regulations
…
(d)General standards. The following criteria and standards shall apply to
landscape materials and installation:
…
(5) Ground cover. Ground covers used in lieu of grass in whole and in
part shall be of live material and shall be planted in such a manner as
to present a finished appearance and reasonably complete coverage
within one year of planting.Artificial turf is considered ground cover
in residential districts when in compliance with Section
14.02.352(g)(5). Artificial turf is defined as a surface of synthetic fibers
made to simulate the appearance of natural/organic turf grasses.
…
(g)Requirements for residential districts. In addition to the above-listed
requirements, all areas within the town which are zoned for residential use,
by either “straight zoned” districts or by planned developments, shall have
the following requirements.
…
(5) Artificial turf. The use of artificial turf is allowed in residential
districts if the conditions below are met:
(A) Obtain a permit for review by the Townprior to
installation. Application shall include submittal of the
manufacturers installation specifications, infill type, weight (70
minimum) and thread backing.
(B) Submission ofgrading plan for review and approval by the
Building Official.
(C) Artificial turf damaged during the repair, replacement, or
addition of public utilities, streets, and sidewalks will be the
responsibility of the homeowner.
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney has reviewed this item and concurs with the staff recommendation.
Planning andZoning Commission Recommendation:
The Planning and Zoning Commission considered this item on Thursday, October 4, 2018.
Discussion included responsibility of homeowner, drainage and run-off concerns, necessity of a
permit, andrestricting colors and public view. The Commission unanimously recommended
approval of staff’s proposal with the following conditions:
Page 2 of 3
Town CouncilPage 105 of 129Meeting Date: November 13, 2018
Turf is limited to areas not visible to public view;
A permit will be required prior to installation; and
Only on lots that do not abut the golf course.
Staff Recommendation:
Staff recommends approval of Ordinance No. 2018-27 P&Z as presented.
Attachments:
Ordinance No. 2018-27 P&Z
Page 3 of 3
Town CouncilPage 106 of 129Meeting Date: November 13, 2018
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2018-27 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SUBSECTION (D)(5) AND ADDINGSUBSECTION (G)(5)
OF SECTION 14.02.352 “LANDSCAPING REGULATIONS”OF
DIVISION 7 “DEVELOPMENT AND DESIGN STANDARDS” OF
ARTICLE 14.02 “ZONING ORDINANCE” OF CHAPTER 14 “ZONING”
OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCESTO
ALLOW FOR AND PROVIDE REQUIREMENTS FOR THE USE OF
ARTIFICIAL TURF; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING FOR
SAVINGS AND REPEALER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Town Council of the Town of Trophy Club, Texas (the “Town”),
is authorized and empowered by law, in accordance with Chapter 212 of the Texas
Local Government Code, to regulate the subdivision of land and property development
within the Town; and
WHEREAS,all legal requirements and conditions were complied with, and after
public notices were given in compliance with State law and public hearings were
conducted, and after considering the information submitted at those public hearings and
all other relevant information and materials, andafter due deliberations and
consideration of the recommendation of the Planning andZoning Commission, the
Town Council has concluded that the adoption of this Ordinance allowing for and
providing requirements for artificial turfis in the best interests of the Town of Trophy
Club, Texasand of the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
Town CouncilPage 107 of 129Meeting Date: November 13, 2018
SECTION 2.
AMENDMENTS
2.01Subsection (d)(5) of Section 14.02.352entitled “Landscaping Regulations” of
Division 7entitled “Development and Design Standards” of Article 14.02 entitled “Zoning
Ordinance”of Chapter 14 entitled“Zoning” of the Town of Trophy Club Code of
Ordinances is hereby amended as follows in order to allow artificial turf and all other
subsections not expressly mentioned hereafter shall remain the same:
“Section 14.02.352 LandscapingRegulations
…
(d) General standards. The following criteria and standards shall
apply to landscape materials and installation:
…
(5)Ground cover. Ground covers used in lieu of grass in whole
and in part shall be of live material and shall be planted in such
a manner as to present a finished appearance and reasonably
complete coverage within one year of planting. Artificial turf is
considered ground cover in residential districts when in
compliance with Section 14.02.352(g)(5).Artificial turf is defined
as asurface of synthetic fibers made to simulate the
appearance of natural/organic turf grasses.
…”
2.02Subsection (g)(5) of Section 14.02.352entitled “Landscaping Regulations” of
Division 7entitled “Development and Design Standards” of Article 14.02 entitled “Zoning
Ordinance” of Chapter 14 entitled“Zoning” of the Town of Trophy Club Code of
Ordinances is hereby addedto provide requirements for the use of artificial turfand all
other subsections not expressly mentioned hereafter shall remain the same:
“Section 14.02.352 Landscaping Regulations
…
(g) Requirements for residential districts. In addition to the above-
listed requirements, all areas within the town which are zoned for
residential use, by either “straight zoned” districts or by planned
developments, shall have the following requirements.
…
(5)Artificial turf. The use of artificial turf is allowed in
residential districts if the conditions below are met:
(A)Obtain a permit for review by the Town prior to
installation. Application shall include submittal of the
manufacturers installation specifications, infill type, weight
(70 minimum) and thread backing.
(B)Submission of grading plan for review and approval
by the Building Official.
ORD 2018-27 P&Z Page 2 of 4
Town CouncilPage 108 of 129Meeting Date: November 13, 2018
(C) Artificial turf damaged during the repair, replacement,
or addition of public utilities, streets, and sidewalks will be
the responsibility of the homeowner.
…”
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting fees and shall not repeal any of the provisions of such Ordinances except in
those instances where provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance; whether such Ordinances are codified or uncodified, and
all other provisions of theOrdinances 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 infull force and effect.
SECTION 4.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or
word in this Ordinance or application thereof to any person or circumstance is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this Ordinance, and the Town Council
hereby declares that it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each day
during or on which a violation occurs or continues. The penalty provided by this section
shall be cumulative of all other penalties allowed by law, including without limitation, civil
remedies available for enforcement of this Ordinance.
ORD 2018-27 P&Z Page 3 of 4
Town CouncilPage 109 of 129Meeting Date: November 13, 2018
SECTION 6.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publishthe
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of theTown of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVEDby the Town Council of the Town of Trophy Club,
Texas, this 13thday of November2018.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Townof Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
ORD 2018-27 P&Z Page 4 of 4
Town CouncilPage 110 of 129Meeting Date: November 13, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-508-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/22/2018Town Council
On agenda:Final action:
11/13/2018
Title:
Discussion of and take appropriate action regarding setting a date for the 2019 Council Retreat and
discuss potential agenda items (T. Class).
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 11:
Discussionofandtakeappropriateactionregardingsettingadateforthe2019CouncilRetreatanddiscusspotential
agenda items (T. Class).
Town CouncilPage 111 of 129Meeting Date: November 13, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-509-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/22/2018Town Council
On agenda:Final action:
11/13/2018
Title:
Discussion of items for Future Agendas to include agenda items for consideration on the December
11, 2018 Council agenda and items from the Town Council Future Agenda Items list (H. Fimbres).
Attachments:
December 11, 2018 Proposed Agenda.pdf
Town Council Future Agenda Items List updated 11-08-2018.pdf
DateVer.Action ByActionResult
Agenda Item No. 12:
DiscussionofitemsforFutureAgendastoincludeagendaitemsforconsiderationontheDecember11,2018Council
agenda and items from the Town Council Future Agenda Items list (H. Fimbres).
Town CouncilPage 112 of 129Meeting Date: November 13, 2018
Meeting Date: December 11, 2018
Regular Session Start Time 7:00 p.m.
Announcements & Reports
No.
Receive Town Manager Class' update and provide input regarding the following
1Town Mgr
(T. Class):
Loop Road
Receive Town Council Liaison update; discussion of same (H. Fimbres):
2Town Sec
*Economic Development Corporation 4B, November 27, 2018
Council Liaison – Council Member Rhylan Rowe
Badge pinning ceremony for newly hired Police Officers and Fire Marshal (T.
3Town Mgr
Class).
STAFF
No. ConsentRESORDPROCFile IDDept
RPT
ConsiderandtakeappropriateactionregardingtheTownCouncilRegular
4Town Sec
Session Minutes dated November 13, 2018 (H. Fimbres).
Consider and take appropriate action regarding the financial and variance report
5Finance
dated September 30, 2018 (J. Phillips).
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 January 8, 2019 Council agenda and items from the Town
6Town Sec
Council Future Agenda Items list (H. Fimbres).
Item No. 1 from the Future Agenda Items list: Review negotiating with the
Trophy Club Municipal Utility District No. 1 to transfer the title for the land that
the Annex Building is built on and the maintenance building by the Wastewater
A)
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) (8-August 28, 2018) (9-December 11, 2018)
Item No. 2 from the Future Agenda Items list: 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-
B)
March 14, 2017) (5-September 12, 2017) (6-April 10, 2018) (7-July 24, 2018) (8-
October 23, 2018) (9-December 11, 2018)
Item No. 3 from the Future Agenda Items list: Receive an update from Town
Staff regarding Entryway Monumentation and Landscaping for the Town of
C)
Trophy Club. (Sanders 2/27/2018) (1-May 22, 2018) (2-August 28, 2018) (3-
December 11, 2018)
Town CouncilPage Page 1 of 2 113 of 129Meeting Date: November 13, 2018
Item No. 4 from the Future Agenda Items list: Discussion of and take appropriate
action regarding development of a Parkland Dedication Fund Policy. (Jensen
D)
6/12/2018) (1-September 11, 2018) (2-December 11, 2018)
Item No. 5 from the Future Agenda Items list: Discussion of and take appropriate
action regarding updating the Town’s Storm Water Master Plan. (Shoffner
E)
6/12/2018) (1-September 11, 2018) (2-December 11, 2018)
Item No. 10 from the Future Agenda Items list: Receive an update regarding
ambulance collections for property within the Town’s boundaries and property
F)
out of the Town’s boundaries. (Shoffner 9/11/2018) (1-December 11, 2018)
Item No. 11 from the Future Agenda Items list: Discussion of and possible action
regarding restricting Short Term Rentals. (Lamont 9/11/2018) (1-December 11,
G)
2018)
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
7Town Sec
into executive session to discuss the following:
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
A)
of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act,
specifically:
Cause No. 18-9681-158 Town of Trophy Club v. Michael T. Slye (D. Dodd)
Section 551.072 Deliberation regarding Real Property to discuss or deliberate
the purchase, exchange, lease, or value of real property if deliberation in an
B)
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
(Mayor Pro Tem Shoffner and Council Member Kurtz)
Section 551.074 Personnel Matters under Subsection (1) to discuss or deliberate
the appointment, evaluation and duties of a public officer or employee:
C)
Municipal Court Judge position (T. Class)
STAFF
No. Regular SessionRESORDPROCFile IDDept
RPT
Consider and take appropriate action regarding the Executive Session (H.
8Town Sec
Fimbres).
Town CouncilPage Page 2 of 2 114 of 129Meeting Date: November 13, 2018
Town Council Future Agenda Items List
(Updated 11/08/2018)
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 and the 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) (8-August 28, 2018) (9-December 11, 2018)
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.
5/22/2018 – Direction was given to place the above items on the Joint Session agenda
between Council and the TCMUD No. 1 Board of Directors that would occur in July 2018.
8/28/2018 – There was no new update to provide.
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)
(8-October 23, 2018) (9-December 11, 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 update because 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.
Page 1 of 3
Town CouncilPage 115 of 129Meeting Date: November 13, 2018
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.
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.
7/24/2018 – Mayor Sanders provided an update and advised that Metroport Cities
Partnership was in the process of pursuing a Regional Green Ribbon Grant through the
Texas Department of Transportation, which could take up to a year for the grant to be
awarded.
10/23/2018 – Mayor Sanders advised that the majority of the sound wall had been
completed and that he intended to provide additional details regarding the Green Ribbon
Grant process by the December 11, 2018 Council meeting.
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) (2-August 28, 2018)
(3-December 11, 2018)
5/22/2018 – Town Planner Payne provided an update regarding Entryway Monument signs,
Wayfinding signs, and Parks signs. Council gave direction to bring back a plan for repairing
and updating Parks monument signs and a plan for standardizing trailhead signs.
8/28/2018 – Town Planner Payne presented an update regarding Park signage. Council
provided feedback on the design for Park signage.
4. Discussion of and take appropriate action regardingdevelopment of a Parkland Dedica-
tion Fund Policy. (Jensen 6/12/2018) (1-September 11, 2018) (2-December 11, 2018)
9/11/2018 – Director of Administrative and Financial Services Phillips provided an update
and advised that Staff was currently reviewing other cities best practices for this type of
policy. Council provided feedback that this should be presented to the Council Budget
Subcommittee before being presented to Council.
5. Discussion of and take appropriate action regarding updating the Town’s Storm Water
Master Plan. (Shoffner 6/12/2018) (1-September 11, 2018)(2-December 11, 2018)
9/11/2018 – Director of Community Development Uzee advised that Staff was working with
Freese and Nichols to perform a hydraulic study to reflect the improvements made at Fresh
Meadow Drive, Skyline Drive, and Indian Creek Drive. Freeseand Nichols were also directed
to review opening the fourth culvert at the Creekmere Drive bridge. Council provided
feedback that Freese and Nichols should also review the impact of the development
occurring in the Town of Westlake.
6. Receive an update from Staff and take appropriate action regarding the possibility to al-
low attached forward facing garages. (Rowe 6/26/2018) (1-September 25, 2018)(2-
January 8, 2019)
9/25/2018 – Town Planner Payne sought guidance from Council if they desired to amend the
Code of Ordinances for certain straight zoning districts to allow attached forward facing
garages. Council provided guidance for potential amendments in certain zoning districts.
Page 2 of 3
Town CouncilPage 116 of 129Meeting Date: November 13, 2018
7. Discussion of and take appropriate action regarding amending the Town’s sign ordinance.
(Lamont 7/24/2018) (1-October 23, 2018)(2-November 13, 2018)
10/23/2018 – Town Attorney Dodd briefly addressed issues concerning temporary signage.
Council suggested that the Town Attorney provide recommendations for any changes that
he saw were necessary at a later date.
8. Discussion of and take appropriate action regarding the Trophy Club Park Master Plan.
(Shoffner 7/24/2018) (1-October 9, 2018)(2-January 8, 2019)
10/09/2018 – Director of Parks and Recreation Jaramillo provided an update on the concep-
tual Master Plan and Council provided input on potential modifications.
9. Discussion of and possible action between the Town and EDC 4B regarding long range
planning to use the parcel between Bread Winners and Trophy Club Town Hall. (Sanders
7/24/2018) (1-October 23, 2018) (2-January 22, 2019)
10/23/2018 – Council recommended giving the liaison direction during the Executive Session
and that information could be provided to the EDC4B through the liaison withouta joint
meeting.
10.Receive an update regarding ambulance collections for property within the Town’s
boundaries and property out of the Town’s boundaries. (Shoffner 9/11/2018) (1-
December 11, 2018)
11.Discussion of and possible action regarding restricting Short Term Rentals. (Lamont
9/11/2018) (1-December 11, 2018)
12. Discussion of and take appropriate action regarding the creation of a Volunteer Citizen
Response Team. (Jensen 9/25/2018) (1-January 8, 2019)
Page 3 of 3
Town CouncilPage 117 of 129Meeting Date: November 13, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-510-T1
Type:Status:
Agenda ItemExecutive Session
File created:In control:
10/22/2018Town Council
On agenda:Final action:
11/13/2018
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:
1)Cause No. 18-9681-158 Town of Trophy Club v. Michael T. Slye (D. Dodd)
2)Sign Ordinance (D. Dodd)
3)Resign-to-Run and Special Election Issues
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 (Mayor Pro Tem
Shoffner and Council Member Kurtz)
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 13:
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:
1)Cause No. 18-9681-158 Town of Trophy Club v. Michael T. Slye (D. Dodd)
2)Sign Ordinance (D. Dodd)
3)Resign-to-Run and Special Election Issues
B)Section551.072DeliberationregardingRealPropertytodiscussordeliberatethepurchase,exchange,lease,or
valueofrealpropertyifdeliberationinanopenmeetingwouldhaveadetrimentaleffectonthepositionofthe
governmental body in negotiations with a third person:
NorthofStateHighway114,eastofTrophyClubDriveandwestofTownlimits(MayorProTemShoffnerandCouncil
Member Kurtz)
Town CouncilPage 118 of 129Meeting Date: November 13, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-537-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/6/2018Town Council
On agenda:Final action:
11/13/2018
Title:
Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering
and calling a Special Election to be held on February 16, 2019 for the purpose of electing one (1)
Councilmember to Place No. 2 on the Trophy Club Town Council for the remainder of an unexpired
term (expiring in May 2020); providing for canvassing of returns; providing for a runoff election as
necessary; adopting provisions relative to publication and other matters necessary to conduct the
election; and providing an effective date (D. Dodd).
Attachments:
ORD 2018-29 - Calling February 2019 Special Election.pdf
DateVer.Action ByActionResult
Agenda Item No. 14:
ConsiderandtakeappropriateactionregardinganOrdinanceoftheTownofTrophyCluborderingandcallingaSpecial
ElectiontobeheldonFebruary16,2019forthepurposeofelectingone(1)CouncilmembertoPlaceNo.2ontheTrophy
ClubTownCouncilfortheremainderofanunexpiredterm(expiringinMay2020);providingforcanvassingofreturns;
providingforarunoffelectionasnecessary;adoptingprovisionsrelativetopublicationandothermattersnecessaryto
conduct the election; and providing an effective date (D. Dodd).
Town CouncilPage 119 of 129Meeting Date: November 13, 2018
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2018-29
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ORDERING AND CALLING A SPECIAL
ELECTION FOR THE TOWN OF TROPHY CLUB (“TOWN”) TO BE
HELD ONFEBRUARY 16, 2019FOR THE PURPOSE OF ELECTING
ONE (1) COUNCILMEMBER FOR PLACE NO. 2TO THE TOWN
COUNCIL TO FILL THE REMAINDER OF AN UNEXPIRED TERM OF
OFFICE CREATED BY A VACANCY (TERM EXPIRING MAY 2020);
PROVIDING FOR THE INCORPORATION OF PREMISES; SPECIFYING
THE DATE OF ELECTION; SPECIFYING THE PURPOSE OF THE
ELECTION; SPECIFYING ELIGIBILITY FOR CANDIDACY; PROVIDING
FOR APPLICATION FOR A PLACE ON THE BALLOT; PROVIDING
FOR A RUNOFF ELECTION; AUTHORIZING CONTRACTS WITH
DENTON COUNTY ELECTIONS AND TARRANT COUNTY ELECTIONS
FOR ADMINISTRATION OF THE SPECIAL ELECTION;
ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE
SPECIALELECTION; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,Section 3.004 of the Texas Election Code provides that the
governing body of a municipality shall be the authority to order a Special Election; and
WHEREAS,the Town Council finds and declares that the meeting at which this
Ordinance is considered is open to the public as required by law, and that public notice
of the time, place, and purpose of suchmeeting was given as required by Chapter 551,
Texas Government Code, as amended; and
WHEREAS,pursuant to Article XI, Section 11, of the Texas Constitution and
pursuant to Article III, The Council, Section 3.04, Vacancies, Forfeiture of Office, Filling
of Vacancies, of the Town’s Home Rule Charter, the Town Council hereby calls a
SpecialElection for the purpose of electing one (1) Councilmember for Place No. 2to
the Town Council to fill the remainder of an unexpired term of office created by a
vacancy (term expiring May2020); and
WHEREAS, according to Section 201.051 of the Texas Election Code, if a
vacancy in office is to be filled by Special Election, the election shall be ordered as soon
as practicable after the vacancy occurs.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Town CouncilPage 120 of 129Meeting Date: November 13, 2018
SECTION 1
INCORPORATIONOF PREMISES
All of the above premises are true and correct and are hereby incorporated in the body
of this Ordinance as if fully set forth herein.
All resident, qualified voters of the Town shall be eligible to vote at the Special Election.
SECTION 2
DATE OF ELECTION
It is hereby ordered that aSpecial Election shall be held in and throughout the Town of
Trophy Club between the hours of 7:00 a.m. to 7:00 p.m. on Saturday, February 16,
2019 using a combined ballot.
SECTION 3
PURPOSE OF ELECTION
The purpose of the SpecialElection istoelect one (1) Councilmember for Place No. 2
to the Town Council to fill the remainder of an unexpired term of office createdby a
vacancy (term expiring May 2020)
SECTION 4
ELIGIBILITY FOR CANDIDACY
As set forth in Section 141.001 of the Texas Election Code, to be eligible for a public
elective office inthis state, a person must: 1) be a United States citizen; 2) be 18 years
of age or older on the first day of the term to be filled at the election; 3) have not been
determined by a final judgment of a court exercising probate jurisdiction to be totally
mentally incapacitated or partially mentally incapacitated without the right to vote; 4)
have not been finally convicted of a felony from which the person has not been
pardoned or otherwise released from the resulting disabilities; 5) have resided
continuously in the state for 12 months and in the territory from which the office is
elected for six months immediately preceding the date of the regular filing deadline for a
candidate’s application for a place on the ballot for a candidate whose name is to
appear on a general election ballot, or the date of the election at which the candidate’s
name is written in for a write-in candidate; 6) on the date described by subdivision 5, be
registered to vote in the territory from which the office iselected; and 7) satisfy any
other eligibility requirements prescribed by law for the office.
Additional requirements are set forth in Article III, Section 3.02, of the Trophy Club Town
Charter and are as follows:
(a) Each person who becomes a candidatefor Mayor or Councilmember shall meet the
following qualifications:
ORD 2018-29Page 2 of 9
Town CouncilPage 121 of 129Meeting Date: November 13, 2018
(1)be at least eighteen (18)years of age on the first day ofthe form to be filed;
(2) be a citizen of the United States;
(3) be a qualified voter of the Town;
(4) resideand have resided for at least twelve (12) months preceding the election
within the corporate limits of the Town;
(5)no candidate may file for more than one office or position number per election;
(6)noemployee of the Town shall continue in such position after becoming a
candidate for a Town elective office; and,
(7)If any sitting Councilmember files to become a candidate for another public
office, he shall resign his current seat upon filing for the new office.
SECTION 5
APPLICATION FOR A PLACE ON THE BALLOT
For the purpose of the February 16, 2019 Special Election and pursuant to Section
201.054of the Texas Election Code, any eligible and qualified person may have that
person's nameprinted upon the official ballot as a candidate for the office hereinbefore
set forth by filing the person's sworn application with the Town Secretary not earlier than
November 13, 2018and not later than 5:00 p.m. on December 17, 2018. Each such
application shall be on a form as prescribed by the Texas Election Code. The order in
which the names of the candidates are to be printed on the ballot shall be determined
by a drawing by the Town Secretary as provided by Section 52.094 of the Texas
Election Code. Notice of the time and place for such drawing shall be given in
accordance with Section 52.094 of the Texas Election Code.
SECTION 6
RUNOFF ELECTION
If no candidate receives a majority of all votes cast for all of the candidates for his or her
office at such election as required to be lawfully elected, there shall be a runoff election
held. The runoff election shall be conducted as required by the Town Charter and the
Texas Election Code. Notwithstanding the foregoing, the runoff election datehas
tentatively been set forMarch 30, 2019.
SECTION 7.
ELECTION CONTRACTS
Since the Town of Trophy Club is located in both Denton County and Tarrant County,
theMayor, or hisdesignee, is authorized to execute the necessary contracts for the
administration of the February 16, 2019 SpecialElectionto the extent required for the
Election to be conducted in an efficient and legal manner as determined by the Denton
County Election and/or Tarrant County Election Administrators.Upon approval by the
Town Council, a Joint Election Agreement between the Town and the Denton County
Elections shall be incorporated herein by reference as Exhibit “A”. Upon approval by
the Town Council, a Joint Election Agreement between the Town and the Tarrant
County Elections shall be incorporated herein by reference as Exhibit “B”.
ORD 2018-29Page 3 of 9
Town CouncilPage 122 of 129Meeting Date: November 13, 2018
SECTION 8.
ELECTIONS ADMINISTRATION
8.1 Denton County.The Denton County Elections Administrator, Frank Phillips, is
hereby appointed as Denton County Early Voting Clerk for the Election. Deputy early
voting judges/clerks will be appointed as needed to process early voting mail and to
conduct early voting. Early voting by mail shall be conducted in conformance with the
requirements of the Code. Ballot applications and ballots voted by mail shall be sent to:
Early Voting Clerk, P.O. Box 1720, Denton, Texas 76202. The Elections Administrator
and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early
Voting Ballot Board and the presiding judge and alternate judge in accordance with the
requirements of the Code. Early voting by personal appearance shall be conducted at
the times on the dates and at the locations designated on Exhibit “C”hereto. The
main early voting polling place is hereby designated to be Denton County Elections
Administration, 701 Kimberly Drive, Denton, Texas 76208. Early voting shall be
conducted by the Early Voting Clerk, at the main early voting polling locationlisted
above, and at the locations designated on Exhibit “C”hereto; such locations may be
changed or additional early voting locations may be added by the Denton County
Elections Administrator, without further action of the Town Council, as is necessary for
the proper conduct of the Election.
8.2 Tarrant County.The Tarrant County Elections Administrator, Heider Garcia,is
hereby appointed as Tarrant County Early Voting Clerk for the Election. Deputy early
voting judges/clerks will be appointed as needed to process early voting mail and to
conduct early voting. Early voting by mail shall be conducted in conformance with the
requirements of the Code. Ballot applications and ballots voted by mail shall be sent to:
Early Voting Clerk, P.O. Box 961011, Fort Worth, Texas 76161-0011. The Elections
Administrator and/or the Early Voting Clerk are hereby authorized to appoint the
members of the Early Voting Ballot Board andthe presiding judge and alternate judge in
accordance with the requirements of the Code. Early voting by personal appearance
shall be conducted at the times on the dates and at the locations designated on Exhibit
“C”hereto. The main early voting polling place is hereby designated to be Tarrant
County ElectionsCenter, 2700 Premier Street, Fort Worth, Texas 76111. Early voting
shall be conducted by the Early Voting Clerk, at the main early voting polling location
listed above, and at the locations designated on Exhibit “C”hereto; such locations may
be changed or additional early voting locations may be added by the Tarrant County
Elections Administrator, without further action of the Town Council, as is necessary for
the proper conduct of the Election.
ORD 2018-29Page 4 of 9
Town CouncilPage 123 of 129Meeting Date: November 13, 2018
SECTION 9.
NOTICE OF ELECTION PUBLICATION
Notice of the Election shall be given by posting a notice containing a substantial copy of
this Ordinance in both English, Spanish, and Vietnameseat the Town Hall on the
bulletin board used for posting notices of the Town Council meetings and by publication
of said notice one time in a newspaper of general circulation published within the Town,
the date of the publication to be not earlier than the 30th day or later than the 10th day
before election day.
SECTION 10.
CANVASS OF ELECTION
Pursuant to Section 67.003 of the Texas Election Code, the Town Council will canvass
the Election not earlier than February 19, 2019 and not later than February 27, 2019.
Notice of the time and place for canvass shall be posted on the official bulletin board in
the same manner as required by the Open Meetings Act for other Town Council
meetings in accordance with the Chapter 551 of the Local Government Code.
SECTION 11.
VOTING RIGHTS ACT
The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney,
are hereby authorized and directed to take any and all actions necessary to comply with
the provisions of the Code and the Federal Voting Rights Act in carrying out and
conducting the Election, whether or not expressly authorized herein.
SECTION 12.
SEVERABILITY
It is hereby declared to be the intent of the Town Council of the Town of Trophy Club
that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same
would have been enacted by the Town Council without incorporation of any such
unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 13.
ENGROSSMENTAND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance as required by the Town Charter.
ORD 2018-29Page 5 of 9
Town CouncilPage 124 of 129Meeting Date: November 13, 2018
SECTION 14.
EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption.
PASSED AND APPROVEDby the Town Council of the Town of Trophy Club,
Texas this 13thday of November 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 2018-29Page 6 of 9
Town CouncilPage 125 of 129Meeting Date: November 13, 2018
EXHIBIT “A”
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY
ELECTIONS
Incorporated By Reference
ORD 2018-29Page 7 of 9
Town CouncilPage 126 of 129Meeting Date: November 13, 2018
EXHIBIT “B”
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY
ELECTIONS
Incorporated By Reference
ORD 2018-29Page 8 of 9
Town CouncilPage 127 of 129Meeting Date: November 13, 2018
EXHIBIT “C”
NOTICE FOR EARLY VOTING
Incorporated By Reference
Trophy Club Denton County voters may only vote at the early voting polling locations as
designated and maintained by Denton County throughout the County.
Trophy Club Tarrant County voters may only vote at the early voting polling locations as
designated and maintained by Tarrant County throughout the County.
The Order of Election will be amended at a later date to include early voting sites.
Denton County
Early voting by personal appearance will be conducted at:
Locations designated by DentonCounty:
Monday, February 48:00 a.m. to 5:00 p.m.
Tuesday, February 5 8:00 a.m. to 5:00 p.m.
Wednesday, February 6
8:00 a.m. to 5:00 p.m.
Thursday, February 7
8:00 a.m. to 5:00 p.m.
Friday, February 88:00 a.m. to 5:00 p.m.
Saturday, February 98:00 a.m. to 5:00 p.m.
Monday, February 117:00 a.m. to 7:00 p.m.
Tuesday, February 127:00 a.m. to 7:00 p.m.
Tarrant County
Early voting by personal appearance will be conducted at:
Locations designated by Tarrant County:
Monday, February 48:00 a.m. to 5:00 p.m.
Tuesday, February 5 8:00 a.m. to 5:00 p.m.
Wednesday, February 68:00 a.m. to 5:00 p.m.
Thursday, February 78:00 a.m. to 5:00 p.m.
Friday, February 88:00 a.m. to 5:00 p.m.
Saturday, February 9
8:00 a.m. to 5:00p.m.
Monday, February 11
7:00 a.m. to 7:00 p.m.
Tuesday, February 127:00 a.m. to 7:00 p.m.
ORD 2018-29Page 9 of 9
Town CouncilPage 128 of 129Meeting Date: November 13, 2018
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2018-511-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/22/2018Town Council
On agenda:Final action:
11/13/2018
Title:
Consider and take appropriate action regarding the Executive Session (H. Fimbres).
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 15:
Consider and take appropriate action regarding the Executive Session (H. Fimbres).
Town CouncilPage 129 of 129Meeting Date: November 13, 2018