Complete Agenda Packet - 09/22/2020Town Council
Town of Trophy Club
Meeting Agenda
1 Trophy Wood Drive
Trophy Club, Texas 76262
Council Chambers7:00 PMTuesday, September 22, 2020
CALL TO ORDER AND ANNOUNCE A QUORUM
INVOCATION led by Pastor Jeff Brooks, Lake Cities Church of Christ
PLEDGES led by Council Member Monger
Pledge of Allegiance to the American Flag.
Pledge of Allegiance to the Texas Flag.
PUBLIC COMMENTS
This is an opportunity for citizens to address the Council on any matter. The Council is
not permitted to take discuss or take action on any presentations made to the Council.
Presentations are limited to matters over which the Council has authority. You may
speak up to four (4) minutes or the time limit determined by the Presiding Officer. Each
speaker must complete the Speaker's Form and include the topic(s) to be presented.
You may also submit an email to mayorandcouncil@trophyclub.org
ANNOUNCEMENTS, PROCLAMATIONS AND REPORTS
1.2020-270-T Receive Town Manager Norwood’s update and provide input regarding the following (S.
Norwood).
*Voter Approval Tax Increase (VATR) Presentation by Dr. Ryder Warren, Northwest
Independent School District
*Metroport Chamber of Commerce Annual Report by Sally Aldridge, President & CEO
*Implicit Biased Training for Trophy Club Police Officers by Dr. Alex del Carmen
*12th Annual Pet Fest to be held Saturday, October 3, 2020
*Community Night Event to be held Saturday, October 10, 2020
*Business Spotlight
2.2020-289-T Take appropriate action issuing Proclamation 2020-10 recognizing October 4, 2020 as
The Patriot Tour Day in Trophy Club (Mayor Sanders).
PROC 2020-10 - The Patriot Tour Day.pdfAttachments:
CONSENT AGENDA
Town Council Meeting Page 1 of 126 September 22, 2020
September 22, 2020Town Council Meeting Agenda
3.2020-271-T Take appropriate action regarding the Town Council Regular Session Minutes dated
September 8, 2020 (L. Vacek).
(DRAFT) - TC Regular Session Minutes - September 8, 2020.pdfAttachments:
4.2020-201-T Take appropriate action regarding the Spectrum Agreement for Internet Service Provider,
not to Exceed $45,000 (S. Norwood).
Staff Report-Spectrum Internet.pdfAttachments:
5.2020-284-T Take appropriate action regarding Resolution 2020-15 Approving a Negotiated Settlement
between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp.,
Mid-Tex Division regarding the company's 2020 Rate Review Mechanism Filing (S.
Norwood).
Staff Report - Atmos Rate Settlement.pdf
Atmos Energy Attachments 1-3.pdf
Exhibits A-C - 2020 Atmos Mid-Tex RRM Settlement Resolution Tariffs.pdf
RES. 2020-15 Atmos Mid-Tex RRM Settlement.pdf
Attachments:
INDIVIDUAL ITEMS
6.2020-287-T Conduct a Public Hearing regarding the Public Improvement District’s ESD Tax Rate (S.
Norwood).
Staff Report - Public Hearing PID SAP EMS - FY21.pdf
2020 SAP Update - Trophy Club (Maintenance) v.2.pdf
Attachments:
7.2020-288-T Take appropriate action regarding Ordinance 2020-16 for the Adoption of the Public
Improvement District’s Tax Rate (S. Norwood).
Staff Report - Adopt PID SAP EMS Assessment - FY21.pdf
2020 SAP Update - Trophy Club (Maintenance) v.2..pdf
ORD 2020-16 - Annual Service Plan Update ESD2 - FY21.pdf
Attachments:
8.2020-265-T Take appropriate action to adopt Ordinance 2020-17 Amending the Rules of Procedures
(L. Vacek).
Staff Report - Town Council Rules of Procedure.pdf
ORD. 2020-17 - Rules of Procedure.pdf
Attachments:
9.2020-286-T Discussion of Future Agenda Items List (S. Norwood).
Future Agenda Items-September 22 2020.pdfAttachments:
EXECUTIVE SESSION
Town Council Meeting Page 2 of 126 September 22, 2020
September 22, 2020Town Council Meeting Agenda
10.2020-291-T Pursuant to the following designated section of the Texas Government Code, Chapter 551
(Open Meetings), the Council will convene into executive session to discuss the
following:
a) Discussion and possible action - Deliberate the Appointment of the Crime
Control and Prevention District Board Members pursuant to Texas
Government Code Section 551.074 (personnel matters) (Mayor Sanders).
b) Discussion and possible action - Deliberate the duties and employment of
the Town Attorney pursuant to Texas Government Code Section 551.074
(personnel matters) (Mayor Sanders).
RECONVENE INTO REGULAR SESSION
11.2020-292-T
a) Take appropriate action regarding Ordinance 2020-18 Appointment Members
to the Crime Control and Prevention District Board.
b) Consider and take appropriate action regarding the Executive Session.
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
CERTIFICATION
I certify that the above notice was posted on the bulletin board at Trophy Club Town
Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, September 18, 2020 by 5:00
p.m. in accordance with Chapter 551, Texas Government Code.
Leticia Vacek, TRMC/CMC/MMC
Town Secretary/RMO
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-237-2900, 48 hours in
advance, and reasonable accommodations will be made to assist you.
Members of the Town Council may be participating remotely in compliance with the
Texas Open Meetings Act. Town Council Rules of Procedure, or under the
provisions provided by the Governor of Texas in conjunction with the Declaration of
Disaster enabled March 13, 2020.
Town Council Meeting Page 3 of 126 September 22, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-270-T Name:
Status:Type:Agenda Item Draft
File created:In control:8/31/2020 Town Council
On agenda:Final action:9/22/2020
Title:Receive Town Manager Norwood’s update and provide input regarding the following (S. Norwood).
*Voter Approval Tax Increase (VATR) Presentation by Dr. Ryder Warren, Northwest Independent
School District
*Metroport Chamber of Commerce Annual Report by Sally Aldridge, President & CEO
*Implicit Biased Training for Trophy Club Police Officers by Dr. Alex del Carmen
*12th Annual Pet Fest to be held Saturday, October 3, 2020
*Community Night Event to be held Saturday, October 10, 2020
*Business Spotlight
Attachments:
Action ByDate Action ResultVer.
Receive Town Manager Norwood’s update and provide input regarding the following (S. Norwood).
*Voter Approval Tax Increase (VATR) Presentation by Dr. Ryder Warren, Northwest Independent School District
*Metroport Chamber of Commerce Annual Report by Sally Aldridge, President & CEO
*Implicit Biased Training for Trophy Club Police Officers by Dr. Alex del Carmen
*12th Annual Pet Fest to be held Saturday, October 3, 2020
*Community Night Event to be held Saturday, October 10, 2020
*Business Spotlight
Town Council Meeting Page 4 of 126 September 22, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-289-T Name:
Status:Type:Agenda Item Draft
File created:In control:9/15/2020 Town Council
On agenda:Final action:9/22/2020
Title:Take appropriate action issuing Proclamation 2020-10 recognizing October 4, 2020 as The Patriot
Tour Day in Trophy Club (Mayor Sanders).
Attachments:PROC 2020-10 - The Patriot Tour Day.pdf
Action ByDate Action ResultVer.
Take appropriate action issuing Proclamation 2020-10 recognizing October 4, 2020 as The Patriot Tour Day in Trophy
Club (Mayor Sanders).
Town Council Meeting Page 5 of 126 September 22, 2020
Proclamation 2020-10
Town of Trophy Club, Texas
WHEREAS, The Patriot Tour is a National non-profit organization consisting of firefighters, police officers and leaders in the community whose sole purpose is to provide communities with a program that locally supports veterans, law enforcement, and fire service personnel; and WHEREAS, October 4, 2020 will be recognized as “THE PATRIOT TOUR Day”, to appreciate and be thankful for veterans and public safety professionals throughout the community, and in doing so, will request the community wear patriotic colors in honor of America and to join forces to help The Patriot Tour Movement; and WHEREAS, The Patriot Tour has evolved to appreciate All Americans by expressing appreciation and thankfulness to all of the veterans, current military, law enforcement and fire service personnel by brightening their day with a simple smile to all who have served and are serving for our freedom; and WHEREAS, there shall be no limitations to what is possible within a community devoted to The Patriot Tour, where said efforts should be celebrated every day, but specifically, on “The Patriot Tour Day”; and WHEREAS, “The Patriot Tour Day” is a day dedicated to recognize all Americans, Veterans, Law Enforcement and Fire Service Personnel. Today, the need exists to come together and teach future generations of our country’s Freedom, as One Nation for the love of humanity and not in service to oneself. NOW, THEREFORE, I, C. Nick Sanders, by virtue of the authority vested in me as Mayor of the Town of Trophy Club, Texas do hereby proclaim October 4, 2020 as:
“The Patriot Tour Day”
In the Town of Trophy Club and urge all Citizens to support the efforts of The Patriot Tour.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the Town of Trophy Club to be affixed on this 22nd day of September, 2020.
ATTEST: C. Nick Sanders, Mayor Town of Trophy Club, Texas
Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO Town Council Meeting Page 6 of 126 September 22, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-271-T Name:
Status:Type:Agenda Item Draft
File created:In control:8/31/2020 Town Council
On agenda:Final action:9/22/2020
Title:Take appropriate action regarding the Town Council Regular Session Minutes dated September 8,
2020 (L. Vacek).
Attachments:(DRAFT) - TC Regular Session Minutes - September 8, 2020.pdf
Action ByDate Action ResultVer.
Take appropriate action regarding the Town Council Regular Session Minutes dated September 8, 2020 (L. Vacek).
Town Council Meeting Page 7 of 126 September 22, 2020
Town Council Minutes Sept. 8, 2020 Page 1 of 5
TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 8, 2020; 7 PM
The Trophy Club Town Council met in a Regular Session on Tuesday, September 8, 2020. The meeting was held at Town
Hall, 1 Trophy Wood Drive in the Council Chambers.
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders Mayor
Philip Shoffner Mayor Pro Tem
Sean Bone Council Member, Place 3
Karl Monger Council Member, Place 4
Michael Geraci Council Member, Place 5
STAFF PRESENT:
Steve Norwood Town Manager
Wade Carroll Assistant Town Manager
Leticia Vacek Town Secretary/RMO
David Dodd Town Attorney
Patrick Arata Police Chief
Jack Taylor Fire Chief
Tony Jaramillo Director of Parks and Recreation
Tommy Uzee Director of Community Development
Mike Erwin Finance Manager
Jill Lind Communications and Marketing Manager
Mayor Sanders called the meeting to order at 7:00 PM and noted a quorum with Mayor Pro Tem Shoffner, Council
Members Bone, Monger and Geraci. He noted that Council Member Monger was joining in via Skype.
The Invocation was offered by Mayor Sanders as Pastor Brooks of Lake Cities Church of Christ was not able to attend.
Mayor Sanders prayed that the Council be led by the holy spirit with wisdom, discernment, compassion, and
understanding as they are guided throughout the meeting.
The Pledges to the American Flag and Texas Flag were led by Mayor Sanders.
PUBLIC COMMENT
Richard French, resident at 30 Cypress Court (Hogan’s Glen); expressed concern when heavy rains are experienced as it
relates to Indian Creek Drive and the new Town Center Development (PD-30). He mentioned that one resident, Dee Baron,
spoke before the Council and showed videos of how the drainage for PD-30 has failed. He added that for the last two
years, Hogan’s Glen has received heavy amounts of storm water with silt and sediment each time it rains. As PD-30 has
continued to develop; and during a recent storm, the Police has had to close east bound traffic on Indian Creek Drive in
which they have video evidence. He stated that residents that have lived in Trophy Club for 20 years have said that this
had never happened prior to the construction of PD-30. Mr. French added that several neighbors have complained to the
Town and to the TECQ who cited the development and despite this, PD-30 has continued to fail to address the issue. He
stated that significant sediment was videoed during the last storm coming from the Town Center Development and being
dumped directly into their pond and is against state and federal laws; which, is not being enforced. He added that this will
only continue when the hotel and the development is completely built out. A professional survey company was hired to
measure the silt in the ponds and found that 10-12 feet of sediment will need to be removed. He added that one estimate
came in at $500,000 to carve out the sediment, remove it and haul it off. He stated that his hope was that the Town would
review the videos and complaints sent in and recognize the failures with the new Town Center Development (PD-30)
drainage that will need to be corrected.
Town Council Meeting Page 8 of 126 September 22, 2020
Town Council Minutes Sept. 8, 2020 Page 2 of 5
Town Secretary Vacek confirmed there were no additional speakers registered for Public Comment.
ANNOUNCEMENTS AND REPORTS
1. Receive Town Manager Norwood’s Update (S. Norwood).
The Byron Apartment Complex Business Spotlight
Ms. Lyndsey Gierisch reported that the Byron Apartments are open and mentioned that there are units still under
construction and anticipated completion by the end of October. She noted their property consists of 250 units of 1, 2,
and only five-3 bedroom townhomes which are all spoken for. She spoke of their beautiful pool courtyard, deck, and
many modern features of the units. Mayor Sanders thanked Ms. Gierisch.
2. Take appropriate action issuing Proclamation 2020-09 Recognizing September 11, 2020 as Patriot Day in Trophy
Club (Mayor Sanders).
Mayor Sanders read the proclamation for Patriot Day in Trophy Club and presented it to Fire Chief Taylor. Mayor Sanders
moved to approve the proclamation. Council Member Monger seconded the motion and recognized Council Member
Geraci for enlisting right out of college and for his deployment. He thanked Council Member Geraci for his service.
Council Member Geraci also thanked Council Member Monger for his service. The motion carried unanimously 5-0-0.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine and will be enacted by one motion. No separate
discussion of these items will be held. Only items removed from the consent agenda will be considered individually.
3. Take appropriate action regarding the Town Council Regular Session Minutes dated 8-25-2020 (L. Vacek).
4. Take appropriate action regarding a contract with VersaTrust for IT Services for the Town of Trophy Club (S.
Norwood).
Council Member Bone move to approve Consent Items 3 and 4. Council Member Geraci seconded the motion.
The motion carried unanimously 5-0-0.
INDIVIDUAL ITEMS
5. Conduct a Public Hearing regarding a request to amend the Planned Development District 30 PD-30);
located at the northeast corner of Trophy Club Drive and State Highway 114 to allow the use of Exterior
Insulation Finish System (EIFS) on the first floor of a building and as a substitute for required masonry (S.
Norwood).
Mayor Sanders opened the public hearing at 7:14pm and asked for the staff presentation. Tommy Uzee presented the
request noting that in December 2018, the Council approved a Specific Use Permit for the ALOFT Hotel (hotel) with less
than 150 guest rooms. In April, 2019, the site plan was approved for the ALOFT Hotel which called for mostly a stucco
façade and decorative fiber cement panels near the entrance. The applicant for the ALOFT Hotel is requesting to use EIFS
in lieu of stucco on the exterior façade of the first floor. It was stated that Council had approved a stucco façade for the
hotel. He noted that EIFS is primarily made of foam insulation while stucco contains cement plaster. He reported that
notice of request was sent to property owners within 200 feet of the hotel and published in the newspaper as required
by State Law. He added that at the August 27, 2020 Planning and Zoning Commission Meeting; the request to use EIFS
on the first floor of the ALOFT Hotel was denied with a vote of 4-3.
Mayor Pro Tem Shoffner asked if prior to 2014, EIFS was not allowed on construction projects. Mr. Uzee replied that was
his understanding. Council Member Geraci asked what type of material did their plans denote upon submission. Mr.
Uzee stated their plans called for stucco. Council Member Geraci confirmed with staff that the material utilized and
installed was not in compliance with our Ordinance and not approved by Town Staff.
Town Council Meeting Page 9 of 126 September 22, 2020
Town Council Minutes Sept. 8, 2020 Page 3 of 5
Mr. Paresh Patel, applicant for the request, addressed the Council by introducing the team with him that will be speaking
on behalf of the ALOFT Hotel Project. Mr. Ron Smith, Architectural Engineer designed the ALOFT Hotel and stated he has
been involved in the design of many Marriott Properties. He referenced pictures denoting that EIFS was approved above
the first floor (floors 2-5) and noted that the area and section where the EIFS meets the Stucco would compromise the
seal; thus, decided to go through the process to request that EIFS be used for the first floor. He spoke of EIFS providing a
tighter and smoother finish as well as providing a better image long term. He also made mention of the high impact
mesh that the EIFS calls for will provide a stronger better product.
Brent Cannedy, with Specified Products of Lantana, TX addressed the Council stating that he sells both the EIFS and Stucco
products. He showed a sample of the insulation board that would also meet the energy code. He explained the
application of EIFS and Stucco in detail and mentioned the many penetration points with stucco, unlike EIFS. He added
that by having one system and one weather barrier that is unpenetrated would provide for a better system long term
providing for code compliance and weatherproofing. He mentioned that EIFS is recognized by Miami-Dade and Galveston
as being hurricane resistant and noted that Texas Tech does all Missile Testing for the State of Florida where they shoot
the walls for the tests and EIFS passes their tests, while traditional stucco does not. He reiterated that EIFS is more impact
resistant and provides for a weather barrier which is not penetrated as stucco.
There being no further discussion; Mayor Sanders closed the public hearing at 7:31 pm.
6. Take appropriate action regarding Ordinance 2020-12 for the Planned Development District 30 (PD30), to
allow the use of Exterior Insulation Finish System (EIFS) on the first floor of the building and as a substitute for
required masonry (S. Norwood).
Mayor Pro Tem Shoffner noted that he asked if EIFS was allowed prior to April 2014 because he knew that it was not. He
stated that he was a very young Council Member at the time that PD-30 came before Council with many amendments;
one being EIFS which came before Council. He recalled being told if EIFS was approved; said item would never come back
to Council. He stated that he would not be able to support this item as many amendments have been approved, the
request was not part of the original plan, and Planning and Zoning Commission denied the request
He mentioned that the 2nd floor and above would be EIFS which would provide for the necessary savings being requested
and again was told it would never come back to Council. He added that here he is in 2020 and such a request is being
requested. .
Mayor Sanders asked if the construction samples presented tonight were also presented to the Planning and Zoning
Commission. Mr. Cannedy stated that he did not presented it during the Planning and Zoning Meeting as it was
conducted via Zoom and was difficult to show. Mayor Sanders asked of the reinforcing mesh. Mr. Cannedy stated that
the mesh was being proposed, as it was a 15oz reinforcement mesh per sq. yd. Mayor Sanders asked of the continuous
product. Mr. Cannedy stated that the weather barrier is applied continuously from the ground floor all the way up as
well as the insulation board. He noted that the preference of EIFS was not for financial reasons but for a constructability
standpoint, prevention of having a break in two systems, and the application of high impact meshes that will protect the
edges on all the trims.
Council Member Geraci asked when did the General Contractor plan to notify the Town that a different product was
being applied. Chad Henson, Project Manager replied that they had originally planned a portion with a mock up on the
east side but by the time they knew; the crews had installed it on the entire east side. Council Member Geraci indicated
that staff was notified by a neighbor who called in to report snow. Mr. Uzee confirmed that he checked a complaint and
crews were sanding down material which looked like snow. Council Member Geraci asked when the contractor notified
the Town of the change in the product. Mr. Patel stated that well before the mock-up; he received a call from Marriott
who requested one system be used. Thereafter, he met with Mr. Uzee at Town Hall on the matter and Mr. Uzee stated
that he would have to check with the Town Attorney on the change of product. He added that Mr. Uzee never got back
to him. Council Member Geraci asked if anyone provided a change order in writing to the Town. Mr. Patel replied he did
not. Mayor Sanders stated that Ordinance 2020-12 was before the Council and entertained a motion. Mayor Pro Tem
Shoffner moved to uphold the denial recommended by the Planning and Zoning Commission. Council Member Geraci
Town Council Meeting Page 10 of 126 September 22, 2020
Town Council Minutes Sept. 8, 2020 Page 4 of 5
seconded the motion. Mayor Sanders stated that he felt it was a reasonable request as the product has evolved, thus
providing some benefit. Council Member Geraci stated that since it was denied by Planning and Zoning, he would be
accepting their recommendation. Mayor Pro Tem Shoffner added that several different Planning and Zoning
Commissions have denied EIFS. The motion carried to deny the request as follows:
AYE: Shoffner, Geraci, Bone, and Monger
NAY: Mayor Sanders
ABSENT: None
7. Conduct a Public Hearing on the Tax Rate of 0.446442 per $100 Valuation for the Town of Trophy Club (S.
Norwood).
Mayor Sanders opened the public hearing at 7:50 pm. Mike Erwin stated that he was available to answer questions, as
this was the required public hearing for the tax rate as read. Mayor Sanders asked if there was anyone to speak on said
item. There being none, Mayor Sanders closed the public hearing at 7:51 pm.
8. Take appropriate action regarding Ordinance 2020-14 Setting and Adopting the Tax Rate of $0.446442 per $100
Valuation for the Town of Trophy Club (S. Norwood).
Mayor Sanders noted Ordinance 2020-14 was before the Council, which would require a roll call vote and entertained a
motion. Council Member Bone moved to adopt Ordinance 2020-14. Council Member Geraci seconded the motion.
Mayor Sanders conducted the roll call vote as follows:
AYE: Mayor Pro Tem Shoffner, Council Members Geraci, Bone, Monger and Mayor Sanders
NAY: None
ABSENT: None
The motion to adopt the Ordinance Setting and Adopting the Tax Rate carried unanimously 5-0-0.
9. Take appropriate action regarding Resolution 2020-13 Approving the Tax Roll for the Town of Trophy Club’s FY
2020-21 (S. Norwood).
Mayor Sanders entertained a motion approving the Tax Roll. Council Member Bone moved to approve Resolution
2020-13. Council Member Geraci seconded the motion. The motion carried unanimously 5-0-0.
10. Take appropriate action regarding Resolution 2020-14 Approving the Annual Service and Assessment Plan for
the Authorized Services (Emergency Services) for the Trophy Club Public Improvement District No. 1 Setting the
Date for a Public Hearing, Authorizing Publication of Notice and Direct Mailing (S. Norwood).
Mayor Sanders provided a brief summary of the Emergency Services District and entertained a motion. Council Member
Bone moved to approve Resolution 2020-14. Council Member Geraci seconded the motion. The motion carried
unanimously 5-0-0.
11. Take appropriate action regarding Ordinance 2020-15 Adopting the Annual Service and Assessment Plan and
Assessment Roll (S. Norwood).
Mayor Sanders entertained a motion for the adoption of the Annual Service and Assessment Plan; and the Assessment
Roll. Council Member Geraci moved to adopt Ordinance 2020-15. Mayor Pro Tem Shoffner seconded the motion. The
motion carried unanimously 5 -0 -0.
12. Take appropriate action to Reject Bids for the Entryway Monumentation Project (S. Norwood).
Mr. Norwood stated that the bid was this was bid out properly but yet came in at least twice the amount of the previous
bid, which is significant. He stated that it would be prudent to bid this out the latter part of the year rather than during
the Summer as contractors are fairly busy with work. Mr. Carroll added that in assessing the bids; it was difficult to
Town Council Meeting Page 11 of 126 September 22, 2020
Town Council Minutes Sept. 8, 2020 Page 5 of 5
compare apples to apples as one bid called for a bond for each entryway site rather than one bond to cover the project.
It was mentioned that the low bid of $89,000 previously received did not include any of the necessary add-ons while
the low bid being considered today came in at $149,000 which was almost twice as much. Mayor Sanders moved to
reject all bids. Council Member Monger seconded the motion. The motion carried unanimously 5-0-0.
EXECUTIVE SESSION
Mayor Sanders stated that there were no items planned for executive session.
ADJOURNMENT
There being no further business to discuss; Mayor Sanders adjourned the meeting at 8:01 pm.
ATTEST:
_ _
Leticia Vacek, TRMC/CMC/MMC C. Nick Sanders, Mayor
Town Secretary/RMO
Town Council Meeting Page 12 of 126 September 22, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-201-T Name:
Status:Type:Agenda Item Draft
File created:In control:7/1/2020 Town Council
On agenda:Final action:7/28/2020
Title:Take appropriate action regarding the Spectrum Agreement for Internet Service Provider, not to
Exceed $45,000 (S. Norwood).
Attachments:Staff Report-Spectrum Internet.pdf
Action ByDate Action ResultVer.
Take appropriate action regarding the Spectrum Agreement for Internet Service Provider, not to Exceed $45,000 (S.
Norwood).
Town Council Meeting Page 13 of 126 September 22, 2020
Page 1 of 2
To: Mayor and Town Council
From: Wade Carroll, Assistant Town Manager
CC: Steve Norwood, Town Manager
Leticia Vacek, Town Secretary
Re: Take appropriate action regarding the Charter Communications Agreement for
Internet and Phone Service.
Date: Town Council Meeting, September 22, 2020
Agenda Item:
Take appropriate action regarding the Spectrum Agreement for Internet Service Provider, not to
exceed $45,000 (S. Norwood).
Strategic Link:
Infrastructure & Development – Maintain and improve all Town infrastructure.
Administrative & Financial Services – Provide high value technology and information services.
Background and Explanation:
We are requesting to enter into a 3-year agreement with Spectrum Communications for our
internet and phone service, not to exceed $45,000 per fiscal year.
As we push more applications and the storage of town records to the cloud we are finding that
Town Hall and the Fire Station are woefully under serviced in band width for our internet access
and the communication between the fire station and town hall and town hall and Denton County.
This upgrade will allow adequate bandwidth for all our cloud hosted applications including
bandwidth intensive applications like our disaster recovery processes, all file backups, PD audio
and video files. The improved band width will also increase the band width to and from the fires
station from town hall and from town Hall to and from Denton County. The fire station has been
having issues that include very slow speeds for upload and downloading information, applications
not syncing correctly and applications kicking users offline all caused from the slower speeds.
Town Council Meeting Page 14 of 126 September 22, 2020
Page 2 of 2
Currently the Town has the following band width in place for these locations;
Location Current Band Width Proposed Band Width
Town Hall 200 Mbs 1 G
Fire Station to Town Hall 20 Mbs 100 Mbs
Town Hall to Denton County 25 Mbs 50 Mbs
Financial Considerations:
We will be purchasing through MiTCA purchasing cooperative that will save the Town over
$27,132 as compared to the DIR over the life of the 3 year contract. The only other option for
higher speeds include the TH to Denton Co. moving to 100 Mbs however this increased the cost
by over $13,000 which did not improve speeds enough to justify the expense.
Legal Review:
Not applicable.
Board/Commission/or Committee Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends approval of the purchase of broadband internet services with Spectrum
Communications.
Attachments:
• Quote for services from Spectrum Communications
Town Council Approval:
_____________________________
Mayor C. Nick Sanders or designee
Town Council Meeting Page 15 of 126 September 22, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-284-T Name:
Status:Type:Agenda Item Draft
File created:In control:9/8/2020 Town Council
On agenda:Final action:9/22/2020
Title:Take appropriate action regarding Resolution 2020-15 Approving a Negotiated Settlement between
the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding
the company's 2020 Rate Review Mechanism Filing (S. Norwood).
Attachments:Staff Report - Atmos Rate Settlement.pdf
Atmos Energy Attachments 1-3.pdf
Exhibits A-C - 2020 Atmos Mid-Tex RRM Settlement Resolution Tariffs.pdf
RES. 2020-15 Atmos Mid-Tex RRM Settlement.pdf
Action ByDate Action ResultVer.
Take appropriate action regarding Resolution 2020-15 Approving a Negotiated Settlement between the Atmos Cities
Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the company's 2020 Rate Review
Mechanism Filing (S. Norwood).
Town Council Meeting Page 16 of 126 September 22, 2020
To: Mayor and Town Council
From: Steve Norwood, Town Manager
CC: Leticia Vacek, Town Secretary
Mike Erwin, Finance Manager
Re: Atmos Rate Settlement
Town Council Meeting, Tuesday, September 22, 2020
Agenda Item:
An ordinance of the Town Council of the town of Trophy Club, Texas, approving a negotiated
settlement between the Atmos Cities Steering Committee (“ACSC”) and Atmos Enery Corp., Mid-
Tex Division regarding the company’s 2020 rate review mechanism filings; declaring existing rates
to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated
settlement; finding the rates to be set by the settlement tariffs to be just and reasonable and in
the public interest; requiring the company’s ACSC’s reasonable ratemaking expenses;
determining that this ordinance was passed in accordance with the requirements of the Texas
open meetings act; adopting a savings clause declaring an effective date; and requiring delivery
of the ordinance to the company and the ACSC’s legal counsel.
Explanation:
The City, along with 171 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex
Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee
(“ACSC”). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company
pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly
referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation).
That settlement created a substitute rate review process, referred to as Rate Review Mechanism
(“RRM”), as a substitute for future filings under the GRIP statute.
Since 2007, there have been several modifications to the original RRM Tariff. The most recent
iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On
or about March 31, 2020, the Company filed a rate request pursuant to the RRM Tariff adopted
by ACSC members. The Company claimed that its cost-of-service in a test year ending December
31, 2019, entitled it to additional system-wide revenues of $141.2 million. Application of the
standards set forth in ACSC’s RRM Tariff required Atmos to reduce its request to $136.3 million,
$98.7 million of which would be applicable to ACSC members. ACSC’s consultants concluded that
the system-wide deficiency under the RRM regime should be $111.5 million instead of the
Town Council Meeting Page 17 of 126 September 22, 2020
Page 2 of 4
claimed $136.3 million. The amount of the $111.5 million deficiency applicable to ACSC members
would be $80.8 million.
After the Company reviewed ACSC’s consultants’ report, ACSC’s Executive Committee and the
Company negotiated a settlement whereby the Company would receive an increase of $90
million from ACSC Cities, but with a two-month delay in the Effective Date until December 1,
2020. This should save ratepayers approximately $9 million such that the case is functionally
equivalent to ACSC’s consultants’ recommendation of $80.8 million.
The Executive Committee recommends a settlement at $90 million. The Effective Date for new
rates is December 1, 2020. ACSC members should take action approving the Resolution before
November 1, 2020.
PROOF OF REVENUES
Atmos generated proof that the rate tariffs attached to the Resolution will generate $90 million
in additional revenues from ACSC Cities. That proof is attached as Attachment 1 to this Staff
Report. ACSC consultants have agreed that Atmos’ Proof of Revenues is accurate.
BILL IMPACT
The impact of the settlement on average residential rates is an increase of $5.15 on a monthly
basis, or 9.9 percent. The increase for average commercial usage will be $15.48 or 6.56 percent.
A bill impact comparison is attached as Attachment 2.
SUMMARY OF ACSC’S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP PROCESS
ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring
declining expenses and increasing revenues while rewarding the Company for increasing capital
investment on an annual basis. The GRIP process does not allow any review of the
reasonableness of capital investment and does not allow cities to participate in the Railroad
Commission’s review of annual GRIP filings or allow recovery of Cities’ rate case expenses. The
Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full
hearing) and rate increases go into effect without any material adjustments. In ACSC’s view, the
GRIP process unfairly raises customers’ rates without any regulatory oversight. In contrast, the
RRM process has allowed for a more comprehensive rate review and annual evaluation of
expenses and revenues, as well as capital investment.
RRM SAVINGS OVER GRIP
While residents outside municipal limits must pay rates governed by GRIP, there are some cities
served by Atmos Mid-Tex that chose to remain under GRIP rather than adopt RRM. Additionally,
the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates
Town Council Meeting Page 18 of 126 September 22, 2020
Page 3 of 4
become effective on December 1, 2020, ACSC residents will maintain a slight economic monthly
advantage over GRIP and DARR rates. See Attachment 3.
The Legislature’s GRIP process allowed gas utilities to receive annual rate increases associated
with capital investments. The RRM process has proven to result in a more efficient and less costly
(both from a consumer rate impact perspective and from a ratemaking perspective) than the
GRIP process. Given Atmos Mid-Tex’s claim that its historic cost of service should entitle it to
recover $141.2 million in additional system-wide revenues, the RRM settlement at $90 million
for ACSC Cities reflects substantial savings to ACSC Cities. ACSC’s consultants produced a report
indicating that Atmos had justified increased revenues for ACSC Cities of at least $81 million.
Settlement at $90 million (equivalent to $81 million with a two-month delay) is fair and
reasonable. The ACSC Executive Committee consisting of city employees of 18 ACSC members
urges all ACSC members to pass the Resolution before November 1, 2020. New rates become
effective December 1, 2020.
Explanation of “Be It Ordained” Sections:
This section approves all findings in the Resolution.
2. This section adopts the RRM rate tariffs and finds the adoption of the new rates to be
just, reasonable, and in the public interest.
3. This section makes it clear that Cities may challenge future costs associated with gas leaks
like the explosion in North Dallas or the evacuation in Georgetown.
4. This section finds that existing rates are unreasonable. Such finding is a necessary
predicate to establishment of new rates. The new tariffs will permit Atmos Mid-Tex to
recover an additional $90 million from ACSC Cities.
5. This section approves an exhibit that establishes a benchmark for pensions and retiree
medical benefits to be used in future rate cases or RRM filings.
6. This section approves an exhibit to be used in future rate cases or RRM filings regarding
recovery of regulatory liabilities, such as excess deferred income taxes.
7. This section requires the Company to reimburse the City for expenses associated with
review of the RRM filing, settlement discussions, and adoption of the Resolution
approving new rate tariffs.
8. This section repeals any resolution or ordinance that is inconsistent with the Resolution.
9. This section finds that the meeting was conducted in compliance with the Texas Open
Meetings Act, Texas Government Code, Chapter 551.
10. This section is a savings clause, which provides that if any section is later found to be
unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining
provisions of this Resolution. This section further directs that the remaining provisions of
the Resolution are to be interpreted as if the offending section or clause never existed.
11. This section provides for an effective date upon passage. December 1, 2020 represents a
two month delay in the Effective Date established by the RRM tariff.
12. This section directs that a copy of the signed Resolution be sent to a representative of
the Company and legal counsel for ACSC.
Town Council Meeting Page 19 of 126 September 22, 2020
Page 4 of 4
Attachments:
Attachment #1 – Proof of Revenues
Attachment #2 – Bill Impact
Attachment #3 – RRM Monthly Savings over GRIP and DARR Rates
Exhibit A – Mid-Tex Tariffs
Exhibit B – Mid-Tex 2020 Benchmark for Pensions and Retiree Benefits
Exhibit C- Mid-Tex 2020 Schedule for Amortization for Regulatory Liability
Recommendation:
Staff recommends approval of Resolution No.2020-15 as presented.
Town Council Approval:
Mayor C. Nick Sanders or designee
Town Council Meeting Page 20 of 126 September 22, 2020
Attachment 1 to
Model Staff Report
2020 RRM
Proof of Revenues
Town Council Meeting Page 21 of 126 September 22, 2020
Line No.Customer Class Current Proposed Bills Ccf/MmBtu
Current
Revenues
Proposed
Revenues Increase
(a)(b)(c)(d)(e)(f)(g)(h)
1 Residential
2 Customer Charge 19.55$ 20.25$ 13,644,834 266,756,505$ 276,307,889$
3 Consumption Charge 0.17423 0.26651 608,491,998 106,017,561 162,169,202
4 Revenue Related Taxes 26,692,882 31,397,617
5 Total Class Revenue 399,466,948$ 469,874,708$ 70,407,760$
6
7 Commercial
8 Customer Charge 46.50$ 54.50$ 1,115,081 51,851,267$ 60,771,915$
9 Consumption Charge 0.09924 0.11728 398,510,866 39,548,218 46,737,354
10 Revenue Related Taxes 6,544,757 7,698,315
11 Total Class Revenue 97,944,242$ 115,207,584$ 17,263,342$
12
13 Industrial & Transportation
14 Customer Charge 845.50$ 1,014.50$ 7,272 6,148,476$ 7,377,444$
15 Consumption Charge Tier 1 0.3572$ 0.4157$ 7,769,155 2,775,142 3,229,638
16 Consumption Charge Tier 2 0.2616$ 0.3044$ 8,666,094 2,267,050 2,637,959
17 Consumption Charge Tier 3 0.0561$ 0.0653$ 13,696,172 768,355 894,360
18 Revenue Related Taxes 856,339 1,012,467
19 Total Class Revenue 12,815,362$ 15,151,868$ 2,336,505$
20
21 Total Excluding Other Revenue 510,226,552$ 600,234,159$ 90,007,608$
22
23
24 Revenue Related Tax Factor 7.1606%
ATMOS ENERGY CORP., MID-TEX DIVISION
RRM CITIES RATE REVIEW MECHANISM
PROOF OF REVENUES - RRM CITIES
TEST YEAR ENDING DECEMBER 31, 2019
Town Council MeetingPage 22 of 126September 22, 2020
Attachment 2
to 2020 RRM Staff Report
Bill Impact
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Town Council Meeting Page 25 of 126 September 22, 2020
Attachment 3
to 2020 RRM Staff Report
RRM Monthly Savings Over GRIP and DARR Rates
Town Council Meeting Page 26 of 126 September 22, 2020
Town Council Meeting Page 27 of 126 September 22, 2020
Exhibit A
to 2020 RRM Resolution or Ordinance
Mid-Tex Tariffs
Effective December 1, 2020
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Exhibit B
to 2020 RRM Resolution or Ordinance
Mid-Tex
2020 Benchmark for Pensions
and Retiree Benefits
Town Council Meeting Page 37 of 126 September 22, 2020
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Exhibit C
to 2020 RRM Resolution or Ordinance
Mid-Tex 2020 Schedule for
Amortization for Regulatory Liability
Town Council Meeting Page 39 of 126 September 22, 2020
Town Council Meeting Page 40 of 126 September 22, 2020
TOWN OF TROPHY CLUB
RESOLUTION NO. 2020-15
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPROVING A NEGOTIATED
SETTLEMENT BETWEEN THE ATMOS CITIES STEERING
COMMITTEE (“ACSC ”) AND ATMOS ENERGY CORP., MID-TEX
DIVISION REGARDING THE COMPANY’S 2020 RATE REVIEW
MECHANISM FILING; DECLARING EXISTING RATES TO BE
UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE
ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED
SETTLEMENT; FINDING THE RATES TO BE SET BY THE
ATTACHED SETTLEMENT TARIFFS TO BE JUST AND
REASONABLE AND IN THE PUBLIC INTEREST; APPROVING
AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR
PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING
AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF
REGULATORY LIABILITY; REQUIRING THE COMPANY TO
REIMBURSE ACSC’S REASONABLE RATEMAKING
EXPENSES; DETERMINING THAT THIS RESOLUTION WAS
PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE
TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS
CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING
DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE
ACSC’S LEGAL COUNSEL.
WHEREAS, the Town of Trophy Club, Texas (“Town”) is a gas utility customer of
Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory
authority with an interest in the rates, charges, and services of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee
(“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”)
that have joined together to facilitate the review of, and response to, natural gas issues
affecting rates charged in the Atmos Mid-Tex service area; and
WHEREAS, ACSC and the Company worked collaboratively to develop a Rate
Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by
ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”)
process instituted by the Legislature, and that will establish rates for the ACSC Cities
based on the system-wide cost of serving the Atmos Mid-Tex Division; and
WHEREAS, the current RRM tariff was adopted by the Town in a rate ordinance
in 2018; and
Town Council Meeting Page 41 of 126 September 22, 2020
RES. 2020-15
WHEREAS, on about March 31, 2020, Atmos Mid-Tex filed its 2020 RRM rate
request with ACSC Cities based on a test year ending December 31, 2019; and
WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2020 RRM filing
through its Executive Committee, assisted by ACSC’s attorneys and consultants, to
resolve issues identified in the Company’s RRM filing; and
WHEREAS, the Executive Committee, as well as ACSC’s counsel and
consultants, recommend that ACSC Cities approve an increase in base rates for Atmos
Mid-Tex of $90 million applicable to ACSC Cities with an Effective Date of December 1,
2020; and
WHEREAS, ACSC agrees that Atmos plant-in-service is reasonable; and
WHEREAS, with the exception of approved plant-in-service, ACSC is not
foreclosed from future reasonableness evaluation of costs associated with incidents
related to gas leaks; and
WHEREAS, the two month delayed Effective Date from October 1 to December 1
will save ACSC ratepayers approximately $9 million off new rates imposed by the
attached tariffs (Exhibit A), the impact on ratepayers should approximate the reasonable
value of the rate filing found by the ACSC Consultants’ Report, which was $81 million;
and
WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent
with the recommendation of the ACSC Executive Committee, are agreed to by the
Company, and are just, reasonable, and in the public interest; and
WHEREAS, the settlement agreement sets a new benchmark for pensions and
retiree medical benefits (Exhibit B); and
WHEREAS, the settlement agreement establishes an amortization schedule for
regulatory liability prepared by Atmos Mid-Tex (Exhibit C); and
WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable
expenses associated with RRM applications;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the findings set forth in this Resolution are hereby in all things
approved.
Section 2. That, without prejudice to future litigation of any issue identified by
ACSC, the Town Council finds that the settled amount of an increase in revenues of $90
million for ACSC Cities represents a comprehensive settlement of gas utility rate issues
Town Council Meeting Page 42 of 126 September 22, 2020
RES. 2020-15
affecting the rates, operations, and services offered by Atmos Mid-Tex within the
municipal limits arising from Atmos Mid-Tex’s 2020 RRM filing, is in the public interest,
and is consistent with the Town’s authority under Section 103.001 of the Texas Utilities
Code.
Section 3. That despite finding Atmos Mid-Tex’s plant-in-service to be
reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness
of costs associated with incidents involving leaks of natural gas.
Section 4. That the existing rates for natural gas service provided by Atmos Mid-
Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Exhibit
A, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually
an additional $90 million from customers in ACSC Cities, over the amount allowed under
currently approved rates. Such tariffs are hereby adopted.
Section 5. That the ratemaking treatment for pensions and retiree medical
benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on Exhibit B, attached
hereto and incorporated herein.
Section 6. That subject to any future settlement or decision regarding the balance
of Excess Deferred Income Tax to be refunded to ratepayers, the amortization of
regulatory liability shall be consistent with the schedule found in Exhibit C, attached hereto
and incorporated herein.
Section 7. That Atmos Mid-Tex shall reimburse the reasonable ratemaking
expenses of the ACSC in processing the Company’s 2020 RRM filing.
Section 8. That to the extent any resolution or ordinance previously adopted by
the Council is inconsistent with this Resolution, it is hereby repealed.
Section 9. That the meeting at which this Resolution was approved was in all
things conducted in strict compliance with the Texas Open Meetings Act, Texas
Government Code, Chapter 551.
Section 10. That if any one or more sections or clauses of this Resolution is
adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or
invalidate the remaining provisions of this Resolution, and the remaining provisions of the
Resolution shall be interpreted as if the offending section or clause never existed.
Section 11. That consistent with the Town Ordinance that established the RRM
process, this Resolution shall become effective from and after its passage with rates
authorized by attached tariffs to be effective for bills rendered on or after December 1,
2020.
Section 12. That a copy of this Resolution shall be sent to Atmos Mid-Tex, care
of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos
Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to
Town Council Meeting Page 43 of 126 September 22, 2020
RES. 2020-15
Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C.,
816 Congress Avenue, Suite 1900, Austin, Texas 78701.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, BY A VOTE OF ____ TO ____, ON THIS THE 22nd DAY SEPTEMBER,
2020.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
Leticia Vacek, TRMC/CMC/MMC
Town Secretary/RMO
APPROVED AS TO FORM:
______________________________
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
Town Council Meeting Page 44 of 126 September 22, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-287-T Name:
Status:Type:Agenda Item Draft
File created:In control:9/9/2020 Town Council
On agenda:Final action:9/22/2020
Title:Conduct a Public Hearing regarding the Public Improvement District’s ESD Tax Rate (S. Norwood).
Attachments:Staff Report - Public Hearing PID SAP EMS - FY21.pdf
2020 SAP Update - Trophy Club (Maintenance) v.2.pdf
Action ByDate Action ResultVer.
Conduct a Public Hearing regarding the Public Improvement District’s ESD Tax Rate (S. Norwood).
Town Council Meeting Page 45 of 126 September 22, 2020
Page 1 of 2
To: Mayor and Town Council
From: Steve Norwood, Town Manager
CC: Leticia Vacek, Town Secretary/RMO
Mike Erwin, Finance Manager
Re: Public Hearing SAP (ESD)
Town Council Meeting, September 22, 2020
Agenda Item:
Town Council to conduct a Public Hearing relative to the Service and Assessment Plan for
Authorized Services (Emergency Services) for the Trophy Club Public Improvement District No. 1
(The Highlands at Trophy Club), the proposed Assessment Roll, and the levy of Special
Assessments against the property in PID No. 1 and matters contained in the proposed Ordinance
(S. Norwood).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
Annually, the Town Council accepts the Service and Assessment Plan update for Authorized
Services (Emergency Services) for the Town of Trophy Club Public Improvement District No. 1
(The Highlands at Trophy Club), sets the date for a Public Hearing and authorizes the publication
of Notice, and directs the mailings of such Notices as required by law. This notice states the
approximate Total Annual Cost of the Authorized Services, which is figured after receiving the
Fire rate from Trophy Club Municipal Utility District (TCMUD) No. 1.
Financial Considerations:
The Emergency Services District (ESD) in the PID pays for $510,812 worth of fire expenditures
with a rate of $0.06476 which is less than last year’s rate of $0.06738. This is the districts portion
of fire services; the remainder is paid through the MUD; proposed tax rate $0.10774. If the ESD
assessment was not in place the Town would be responsible for covering those expenditures.
Legal Review:
None applicable.
Town Council Meeting Page 46 of 126 September 22, 2020
Page 2 of 2
Board/Commission/ or Committee Recommendation:
None applicable.
Staff Recommendation:
None applicable.
Attachments:
• Annual Service Plan Update (2020) Town of Trophy Club PID No. 1 (ESD2)
Town Council Approval:
Mayor C. Nick Sanders or designee
Town Council Meeting Page 47 of 126 September 22, 2020
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Public Finance
Public-Private Partnerships
Development Economics
Clean Energy Bonds
ANNUAL SERVICE PLAN
UPDATE (2020)
TOWN OF TROPHY CLUB
TROPHY CLUB PID NO. 1 (ESD2)
THE HIGHLANDS AT TROPHY CLUB
Report Date: SEPTEMBER 22, 2020
Town Council Meeting Page 48 of 126 September 22, 2020
www.FinanceDTA.com 8117 Preston Road, Suite 300
Dallas, TX 75225
TOWN OF TROPHY CLUB
ANNUAL SERVICE PLAN UPDATE (2020)
TOWN OF TROPHY CLUB
PUBLIC IMPROVEMENT DISTRICT NO. 1 (ESD2)
THE HIGHLANDS AT TROPHY CLUB
Prepared for:
The Town of Trophy Club
1 Trophy Wood Drive
Trophy Club, TX 76262
Town Council Meeting Page 49 of 126 September 22, 2020
TABLE
OF CONTENTS
SECTION
I PLAN DESCRIPTION AND DEFINED TERMS ....... 1
A Introduction ..................................................................... 1
B Definitions — The terms used herein shall
have the following meanings: ..................................... 1
II PROPERTY INCLUDED IN THE PID ..................... 3
III DESCRIPTION OF THE AUTHORIZED SERVICES
.................................................................................... 4
IV SERVICE PLAN ......................................................... 5
V ASSESSMENT PLAN................................................. 7
VI MISCELLANEOUS PROVISIONS............................ 8
A Amendments ................................................................... 8
B Administration and Interpretation of
Provisions ......................................................................... 8
C Severability ....................................................................... 8
APPENDICES
APPENDIX A ASSESSMENT ROLL
Town Council Meeting Page 50 of 126 September 22, 2020
1
SECTION I
PLAN DESCRIPTION AND DEFINED
TERMS
Town of Trophy Club, Trophy Club PID No. 1 (ESD2) September 22, 2020
Annual Service Plan Update (2020)
www.FinanceDTA.com
I PLAN DESCRIPTION AND DEFINED TERMS
A Introduction
On April 16, 2007, the Town of Trophy Club Town Council passed and approved a resolution
approving and authorizing the creation of the Town of Trophy Club Public Improvement
District No. 1 (the Highlands at Trophy Club) (the "PID") to finance certain public services
(the "Authorized Services") for the benefit of certain property in the PID, all of which is
located within the Town.
A service and assessment plan (the "Service and Assessment Plan") was prepared at the
direction of the Town identifying the Authorized Services to be provided by the PID, an
estimate of the cost of the Authorized Services for the 2007-08 fiscal year, and the manner
of assessing the property in the PID for the costs of the Authorized Services. Pursuant to
Sections 372.013, 372.014, and 372.015 of the Public Improvement District Act (the "PID Act"),
the Service and Assessment Plan is to be reviewed and updated annually. The update of the
Service and Assessment Plan (the "Annual Service and Assessment Plan Update") for 2020
includes the 2020 assessment roll (the "2020 Assessment Roll") identifying the assessments
on each parcel, based on the method of assessment set forth in the Service and Assessment
Plan. Section 372.015 of the PID Act states that the governing body of the municipality shall
apportion the cost of an improvement to be assessed against property in an improvement
district, and the apportionment shall be made on the basis of special benefits accruing to
the property because of the improvement.
Capitalized terms used herein shall have the meanings ascribed to them in this section of
the Annual Service and Assessment Plan Update.
B Definitions — The terms used herein shall have the following meanings:
"Annual Collection Costs " mean the following actual or budgeted costs, as applicable,
related to the annual collection costs of outstanding Assessments, including the costs or
anticipated costs of: (i) computing, levying, collecting and transmitting the Assessments
(whether by the Town or otherwise), (ii) the Town in any way related to the collection of
the Assessments, including, without limitation, the administration of the PID, maintaining
the record of the Assessments, including, without limitation, any associated legal expenses,
the reasonable costs of other consultants and advisors and contingencies and reserves for
such costs as deemed appropriate by the Town Council.
"Assessed Property " means, for any year, Parcels within the PID other than Non-Benefited
Property.
"Assessmen t" means the assessment levied against a Parcel imposed pursuant to the
Assessment Ordinance and the provisions herein, as shown on the Assessment Roll.
Town Council Meeting Page 51 of 126 September 22, 2020
2
SECTION I
PLAN DESCRIPTION AND DEFINED
TERMS
Town of Trophy Club, Trophy Club PID No. 1 (ESD2) September 22, 2020
Annual Service Plan Update (2020)
www.FinanceDTA.com
"Assessment Ordinance " means the Assessment Ordinance approved by the Town Council
to approve the imposition of the Assessments.
"Assessment Rate " means the rate determined by dividing the costs of the Authorized
Services for a fiscal year plus the Annual Collection Costs by the taxable value of the
Assessed Property (expressed in multiples of one hundred) for the same fiscal year.
"Authorized Services " mean those public services providing a special benefit to the
Assessed Property and described in Section III herein and Section 372.003 of the PID Act.
"Delinquent Collection Costs " mean interest, penalties and expenses incurred or imposed
with respect to any delinquent Assessments in accordance with §372.018(f) of the PID Act
and the costs related to pursuing collection of a delinquent Assessment and foreclosing the
lien against the assessed property, including attorneys’ fees.
"Non-Benefited Property " means Parcels within the boundaries of the PID that accrue no
special benefit from the Authorized Services, including Public Property and any other
property exempt from regular property taxes.
"Parcel " means a parcel identified by a tax map identification number assigned by the
Denton Central Appraisal District for real property tax purposes.
"PID " has the meaning set forth in Section I.A of this Annual Service and Assessment Plan
Update.
"PID Act " means Texas Local Government Code Chapter 372, Improvement Districts in
Municipalities and Counties, Subchapter A, Public Improvement Districts, as amended.
"Public Property " means property within the boundaries of the PID that is owned by the
federal government, the State of Texas, the Town, a school district, a public utility provider
or any other public agency.
"Town " means the Town of Trophy Club, Texas.
"Town Council " means the duly elected governing body of the Town.
Town Council Meeting Page 52 of 126 September 22, 2020
3
SECTION III
PROPERTY INCLUDED IN THE PID
Town of Trophy Club, Trophy Club PID No. 1 (ESD2) September 22, 2020
Annual Service Plan Update (2020)
www.FinanceDTA.com
II PROPERTY INCLUDED IN THE PID
The Highlands of Trophy Club is located in the Town of Trophy Club within Denton
County, Texas. The property in the PID consists of most of the property within The
Highlands of Trophy Club planned development.
The Highlands of Trophy Club planned development contains approximately 696 acres,
of which approximately 609 acres is within the PID. Approximately 49 acres is within the
planned development but outside of the PID boundaries. This excluded property is
located within Trophy Club Municipal District No. 1 (MUD 1). Approximately 38 acres of
land designated for commercial uses are also within the planned development but not
within the PID.
At completion, the PID is expected to consist of approximately 1,4091 residential units,
two parks, entry monuments, and associated rights-of-way, landscaping, and
infrastructure necessary to provide roadways, drainage and utilities to the PID. The
estimated number of lots is based upon the Planned Development Ordinance and the
Developer’s estimated highest and best use of the property within the PID.
1 The original expected number of units was 1,474. The reclassification of the Neighborhood 8 units reduced the number
of expected units by 65.
Town Council Meeting Page 53 of 126 September 22, 2020
4
SECTION III
DESCRIPTION OF THE
AUTHORIZED SERVICES
Town of Trophy Club, Trophy Club PID No. 1 (ESD2) September 22, 2020
Annual Service Plan Update (2020)
www.FinanceDTA.com
III DESCRIPTION OF THE AUTHORIZED SERVICES
Pursuant to the PID Act, the services that may be provided by a PID include "special
supplemental services for improvement and promotion of the district, including services
relating to advertising, promotion, health and sanitation, water and wastewater, public
safety, security, business recruitment, development, recreation, and cultural
enhancement." (Section 372.003)
After analyzing the Authorized Services authorized by the PID Act, the Town has
determined that emergency services (the "Authorized Services") should be undertaken by
the Town and will be of special benefit to Assessed Property within the PID. These
emergency services shall include, without limitation, fire suppression and control,
inspection services, arson investigations, hazardous material response, search and
rescue, emergency recovery and extraction, and pre-hospital medical stabilization or
transportation of persons who are sick, injured, wounded, or otherwise incapacitated or
helpless. Pre-hospital medical stabilization and transportation services include basic life
support ambulance services, advanced life support ambulance services, air ambulance
services, and quick-response unit services provided by the Town.
Town Council Meeting Page 54 of 126 September 22, 2020
5
SECTION IV
SERVICE PLAN
Town of Trophy Club, Trophy Club PID No. 1 (ESD2) September 22, 2020
Annual Service Plan Update (2020)
www.FinanceDTA.com
IV SERVICE PLAN
The PID Act requires that a service plan cover a period of at least five years. The plan shall
be reviewed and updated annually for the purpose of determining the annual budget for
improvements. The annual projected costs are shown in the following table (Table IV-A).
This budget is based on the provision of emergency services to existing residents and
businesses, including construction workers, within the PID.
Table IV-1: Annual Projected Costs
YEAR
ANNUAL
PROJECTED COSTS OF
AUTHORIZED SERVICES
ANNUAL
COLLECTION COSTS2 TOTAL COSTS
2020 $510,812 $0 $510,812
2021 $510,812 $0 $510,812
2022 $510,812 $0 $510,812
2023 $510,812 $0 $510,812
2024 $510,812 $0 $510,812
The annual projected costs are subject to annual revision and shall be updated in the
Annual Service and Assessment Plan Update to reflect any changes in the costs of the
Authorized Services expected to be provided each year. The annual projected sources of
funds to pay the costs of the Authorized Services are shown by the following table (Table
IV-B).
2 Annual Collections Costs will be paid by the Trophy Club Municipal Utility District.
Town Council Meeting Page 55 of 126 September 22, 2020
6
SECTION IV
SERVICE PLAN
Town of Trophy Club, Trophy Club PID No. 1 (ESD2) September 22, 2020
Annual Service Plan Update (2020)
www.FinanceDTA.com
Table IV-2: Annual Projected Sources of Funds
YEAR ASSESSMENTS
ANNUAL INDEBTEDNESS
AND OTHER FUNDS
TOTAL
SOURCES OF FUNDS
2020 $510,648 $0 $510,648
2021 $510,648 $0 $510,648
2022 $510,648 $0 $510,648
2023 $510,648 $0 $510,648
2024 $510,648 $0 $510,648
The projected sources of funds are subject to annual revision based on any
changes in the costs of the Authorized Services to be provided to the PID. The sources
of funds for the Authorized Services shown in Table IV-B shall be updated each year in the
Annual Service and Assessment Plan Update to reflect any changes in the sources of funds.
Town Council Meeting Page 56 of 126 September 22, 2020
7
SECTION V
ASSESSMENT PLAN
Town of Trophy Club, Trophy Club PID No. 1 (ESD2) September 22, 2020
Annual Service Plan Update (2020)
www.FinanceDTA.com
V ASSESSMENT PLAN
The PID Act requires the Town Council to apportion the cost of Authorized Services on
the basis of special benefits conferred upon the property from the Authorized Services.
The Act provides that the cost of Authorized Services may be assessed: (i) equally per
front foot or square foot; (ii) according to the value of the property as determined by the
governing body, with or without regard to improvements on the property; or (iii) in any
other manner that results in imposing equal shares of the cost on property similarly
benefited.
The Town Council has determined to apportion the costs of the Authorized Services
"according to the value of the property as determined by the governing body." The costs
of the Authorized Services will be assessed to all real property according to the certified
tax roll each year, excluding only Non-Benefited Property. Personal property is not
assessed.
The costs of the Authorized Services for the 2020-2021 fiscal year are estimated to be
$510,812.00. Annual Collection Costs of $1,179.98 (1,439 parcels x $0.82 per parcel) will
be paid by the Trophy Club Municipal Utility District.
Table V-1: Calculation of the Assessment Rate
The Assessment Rate shall be applied to each Parcel of Assessed Property to determine
the Assessment to be collected for the 2020-2021 fiscal year. The Assessments shall be
paid in the same manner and at the same time and subject to the same remedies upon
the failure to pay, to the extent allowed by law, as regular ad valorem property taxes.
Delinquent Assessments shall be subject to Delinquent Collection Costs.
The determination by the Town Council of the assessment methodology set forth above
is the result of the discretionary exercise by the Town Council of its legislative authority
and governmental powers and is conclusive and binding on the current and all future
owners of the Assessed Property.
Town Council Meeting Page 57 of 126 September 22, 2020
8
SECTION VI
MISCELLANEOUS PROVISIONS
Town of Trophy Club, Trophy Club PID No. 1 (ESD2) September 22, 2020
Annual Service Plan Update (2020)
www.FinanceDTA.com
VI MISCELLANEOUS PROVISIONS
A Amendments
The Town Council reserves the right to the extent permitted by the Act to amend this
Annual Service and Assessment Plan Update without notice under the Act and without
notice to property owners of Parcels: (i) to correct mistakes and clerical errors; (ii) to clarify
ambiguities; and (iii) to provide procedures for the collection and enforcement of
Assessments, Collection Costs, and other charges imposed by the Annual Service and
Assessment Plan Update.
B Administration and Interpretation of Provisions
The Town Council shall administer the PID consistent with the PID Act and shall make all
interpretations and determinations related to the application of this Annual Service and
Assessment Plan Update unless stated otherwise herein or in the indenture of trust, and as
long as there is a rational basis for the determination made by the Town, such
determination shall be conclusive.
C Severability
If any provision, section, subsection, sentence, clause or phrase of this Annual Service and
Assessment Plan Update, or the application of same to a Parcel or any person or set of
circumstances is for any reason held to be unconstitutional, void or invalid, the validity of
the remaining portions of this Annual Service and Assessment Plan Update or the
application to other persons or sets of circumstances shall not be affected thereby, it being
the intent of the Town Council in adopting this Annual Service and Assessment Plan Update
that no part hereof, or provision or regulation contained herein shall become inoperative
or fail by reason of any unconstitutionality, voidness or invalidity of any other part hereof,
and all provisions of this Annual Service and Assessment Plan Update are declared to be
severable for that purpose.
Town Council Meeting Page 58 of 126 September 22, 2020
APPENDIX A
Town of Trophy Club
Annual Service Plan Update (2020)
Trophy Club Public Improvement District No. 1 (ESD2)
ASSESSMENT ROLL
Town Council Meeting Page 59 of 126 September 22, 2020
PID Assessment Rate 0.06476
67687 465542 469280
73937 465543 469281
82144 465544 469282
83515 465545 469283
84263 465546 469284
98639 465547 469286
98641 465548 469287
126407 465549 469288
171483 465550 469289
305643 465551 469290
314736 465552 469291
315393 465553 469292
329833 465554 469293
329944 465555 469294
330332 465556 469295
336888 465557 469296
338637 465558 469297
465509 465559 469298
465510 465560 469299
465511 465561 469300
465512 465562 469301
465513 465563 469302
465514 465564 469303
465515 465565 469304
465516 465566 469305
465517 465567 469306
465518 465568 469307
465519 465569 469308
465520 465570 469309
465521 465571 469310
465522 465572 469311
465523 465573 469312
465524 465574 469313
465525 465575 469314
465526 465576 469315
465527 465577 469316
465528 465578 469317
465529 465579 469318
465530 465580 469319
465531 465581 469320
465532 465582 469321
465533 465583 469322
465534 466259 469323
465535 466260 469324
465536 466261 469325
465537 469275 469326
465538 469276 469327
465539 469277 469328
465540 469278 469329
465541 469279 469330
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
Town Council Meeting Page 60 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
469331 470088 470179
469332 470089 470180
469333 470090 470181
469334 470091 470182
469335 470092 470183
469336 470093 470184
469337 470094 470185
469338 470095 470186
469343 470096 470187
469372 470097 470188
470048 470098 470189
470049 470099 470190
470050 470100 470191
470051 470101 470192
470052 470102 470193
470053 470103 470194
470054 470104 470195
470055 470105 470196
470056 470106 470197
470057 470107 470198
470058 470108 470199
470059 470109 470200
470060 470110 470201
470061 470111 470202
470062 470153 470203
470063 470154 470204
470064 470155 470205
470065 470156 470249
470066 470157 470250
470067 470158 470251
470068 470159 470252
470069 470160 470253
470070 470161 470254
470071 470162 470255
470072 470163 470256
470073 470164 470257
470074 470165 470258
470075 470166 470259
470076 470167 470260
470077 470168 470261
470078 470169 470262
470079 470170 470263
470080 470171 470264
470081 470172 470265
470082 470173 470266
470083 470174 470267
470084 470175 470268
470085 470176 470269
470086 470177 470270
470087 470178 470271
Town Council Meeting Page 61 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
470272 498915 533292
470273 498916 533293
470274 498917 533294
470275 498918 533295
470276 498919 533296
470277 498920 533297
470278 498922 533298
470279 498923 533307
470280 498924 533309
470281 498925 533310
470282 498926 533311
470283 498927 533312
470284 498928 533313
470285 498929 533314
470286 498930 533315
470287 498931 533316
470288 498932 533317
470289 498933 533318
470290 498934 533319
470291 498935 533320
470292 498936 533321
470293 498937 533322
470294 498938 533323
470295 498939 533324
470296 498940 533325
470297 498945 533326
470298 498946 533327
470299 498947 533328
470300 498948 533329
470397 498949 533330
471214 498950 533331
471291 498951 533332
494650 498952 533333
498867 498953 533334
498868 498954 533335
498869 498955 533336
498870 498956 533337
498871 523472 533338
498873 525439 533339
498874 533255 533340
498875 533256 533341
498876 533257 533342
498877 533258 533343
498878 533259 533344
498879 533262 533345
498880 533264 533346
498911 533287 533347
498912 533289 533348
498913 533290 533349
498914 533291 533350
Town Council Meeting Page 62 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
533351 533401 534866
533352 533402 534867
533353 533403 534868
533354 533404 534869
533355 533405 534870
533356 533406 534871
533357 533407 534872
533358 533408 534873
533359 533409 534874
533360 533410 534875
533361 533411 534876
533362 533412 534877
533363 533413 534878
533364 533414 534879
533365 533415 534880
533366 533416 534881
533367 533417 534882
533368 533418 534883
533369 533419 534884
533370 533420 534885
533371 533421 534886
533372 533422 534887
533373 533425 534888
533374 533428 534889
533375 533429 534890
533376 533430 534891
533377 533431 534892
533378 533432 534893
533379 533433 534894
533380 533434 534895
533381 533464 534896
533382 533480 534897
533383 533490 534898
533384 533498 536563
533385 533500 536564
533386 533501 536565
533387 534852 536566
533388 534853 536567
533389 534854 536568
533390 534855 536569
533391 534856 536570
533392 534857 536571
533393 534858 536572
533394 534859 536573
533395 534860 536574
533396 534861 536575
533397 534862 536576
533398 534863 536577
533399 534864 536578
533400 534865 536579
Town Council Meeting Page 63 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
536580 557680 558374
536581 557681 558375
536582 557682 558376
536583 557683 558377
536584 557684 558378
536585 557685 558379
536586 557686 558380
536587 557687 558381
536588 558332 558382
536868 558333 558383
537217 558334 558384
537349 558335 558385
557641 558336 558386
557642 558337 558387
557643 558338 558388
557644 558339 558389
557645 558340 558390
557646 558341 558391
557647 558342 558392
557648 558343 558393
557649 558344 558394
557650 558345 558395
557651 558346 558396
557652 558347 558397
557653 558348 558398
557654 558349 558399
557655 558350 558400
557656 558351 558401
557657 558352 558402
557658 558353 558403
557659 558354 558404
557660 558355 558405
557661 558356 558406
557662 558357 558407
557663 558358 558408
557665 558359 558409
557666 558360 558410
557667 558361 558411
557668 558362 558412
557669 558363 558413
557670 558364 558414
557671 558365 558415
557672 558366 558416
557673 558367 558417
557674 558368 558418
557675 558369 558419
557676 558370 558420
557677 558371 558421
557678 558372 558422
557679 558373 558423
Town Council Meeting Page 64 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
558424 558474 558524
558425 558475 558525
558426 558476 558526
558427 558477 558527
558428 558478 558528
558429 558479 558529
558430 558480 558530
558431 558481 558531
558432 558482 558532
558433 558483 558533
558434 558484 558534
558435 558485 558535
558436 558486 558536
558437 558487 558537
558438 558488 558538
558439 558489 558539
558440 558490 558540
558441 558491 558541
558442 558492 558542
558443 558493 558543
558444 558494 558544
558445 558495 558545
558446 558496 565346
558447 558497 565839
558448 558498 567352
558449 558499 567353
558450 558500 567354
558451 558501 567355
558452 558502 567356
558453 558503 567357
558454 558504 567358
558455 558505 567359
558456 558506 567360
558457 558507 567361
558458 558508 567362
558459 558509 567363
558460 558510 567364
558461 558511 567365
558462 558512 567366
558463 558513 567367
558464 558514 567368
558465 558515 567369
558466 558516 567370
558467 558517 567371
558468 558518 567372
558469 558519 567373
558470 558520 580345
558471 558521 580346
558472 558522 580347
558473 558523 580348
Town Council Meeting Page 65 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
580349 580400 583249
580350 580401 583250
580351 580402 583251
580352 580403 583252
580353 580404 583253
580354 580405 583254
580355 580406 583255
580356 580407 583256
580357 580408 583257
580358 580409 583258
580359 580410 583259
580360 580411 583260
580361 580412 583261
580362 580413 583262
580363 580414 583263
580364 581612 583264
580365 583215 583265
580366 583216 583266
580367 583217 583267
580368 583218 583268
580369 583219 583269
580370 583220 583270
580371 583221 583271
580372 583222 583272
580373 583223 583273
580374 583224 583274
580375 583225 583275
580376 583226 583276
580377 583227 583277
580378 583228 583278
580379 583229 583279
580380 583230 583280
580381 583231 583281
580382 583232 583282
580383 583233 583283
580384 583234 583284
580385 583235 583285
580386 583236 583286
580387 583237 583287
580388 583238 583288
580389 583239 583289
580390 583240 583290
580392 583241 583291
580393 583242 583292
580394 583243 583293
580395 583244 583294
580396 583245 583295
580397 583246 583296
580398 583247 583297
580399 583248 583298
Town Council Meeting Page 66 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
583299 583383 583473
583300 583384 583474
583301 583385 583475
583302 583386 583476
583303 583387 583477
583304 583388 583478
583305 583389 583479
583306 583390 583480
583307 583391 583481
583308 583392 583482
583309 583393 583483
583310 583394 583484
583311 583395 583485
583312 583396 583486
583313 583397 583487
583314 583398 583488
583315 583399 583489
583316 583400 583490
583317 583401 583491
583318 583402 583492
583319 583403 583493
583320 583404 583494
583321 583405 583495
583322 583406 583496
583323 583407 583497
583324 583408 583498
583325 583409 583499
583326 583410 583500
583327 583411 583501
583328 583412 583502
583329 583413 583503
583330 583414 583504
583331 583415 583505
583332 583416 583506
583333 583417 583507
583334 583418 583508
583335 583419 583509
583336 583420 583510
583337 583421 583511
583338 583422 583512
583339 583423 583513
583356 583424 583514
583375 583425 583519
583376 583426 583520
583377 583427 583521
583378 583428 583522
583379 583429 583523
583380 583470 583524
583381 583471 583525
583382 583472 583526
Town Council Meeting Page 67 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
583527 583578 583630
583528 583579 583631
583529 583580 583632
583530 583581 583633
583531 583582 583634
583532 583583 583643
583533 583584 583644
583534 583585 583645
583535 583586 583646
583536 583587 583647
583537 583588 583648
583538 583589 583649
583539 583590 583650
583540 583591 583651
583541 583592 583652
583542 583593 583653
583543 583594 583654
583544 583595 583655
583545 583596 583656
583546 583597 583657
583547 583598 583658
583548 583599 583659
583549 583600 583660
583550 583601 583661
583551 583602 583662
583552 583603 583663
583553 583604 583664
583554 583605 583665
583555 583606 583666
583556 583607 583667
583557 583608 583668
583558 583609 583669
583559 583612 583670
583560 583613 583671
583561 583614 583672
583562 583615 583673
583563 583616 583674
583564 583617 583675
583565 583618 583676
583566 583619 583677
583567 583620 583678
583568 583621 583679
583569 583622 583680
583570 583623 583681
583571 583624 583682
583573 583625 583683
583574 583626 583684
583575 583627 583685
583576 583628 583686
583577 583629 583687
Town Council Meeting Page 68 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
583688 635060 635110
583689 635061 635111
583690 635062 635112
583691 635063 635113
583692 635064 635114
583693 635065 635115
611444 635066 635116
620681 635067 635117
621956 635068 635118
622299 635069 635119
622300 635070 635120
622301 635071 635121
622302 635072 635122
622303 635073 635123
622304 635074 635124
622305 635075 635125
622306 635076 635126
622307 635077 635127
622308 635078 635128
622309 635079 635129
622310 635080 635130
622311 635081 635131
622312 635082 635132
622313 635083 635133
622314 635084 635134
622315 635085 635135
622316 635086 635136
622317 635087 635137
622318 635088 635138
622319 635089 635139
622320 635090 635140
622321 635091 635141
622322 635092 635142
622323 635093 635143
622324 635094 635144
622325 635095 635145
622326 635096 635146
622327 635097 635147
622328 635098 635148
622329 635099 635149
622330 635100 635150
631471 635101 635151
635052 635102 635152
635053 635103 635153
635054 635104 635154
635055 635105 635155
635056 635106 635156
635057 635107 635157
635058 635108 635158
635059 635109 635159
Town Council Meeting Page 69 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
635160 667203 733756
635161 674251 744759
635162 681973 942882
650739 712035 20446646
657776 730909 20447888
667200 730930
Town Council Meeting Page 70 of 126 September 22, 2020
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DALLAS, TX 75225
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Town Council Meeting Page 71 of 126 September 22, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-288-T Name:
Status:Type:Agenda Item Draft
File created:In control:9/9/2020 Town Council
On agenda:Final action:9/22/2020
Title:Take appropriate action regarding Ordinance 2020-16 for the Adoption of the Public Improvement
District’s Tax Rate (S. Norwood).
Attachments:Staff Report - Adopt PID SAP EMS Assessment - FY21.pdf
2020 SAP Update - Trophy Club (Maintenance) v.2..pdf
ORD 2020-16 - Annual Service Plan Update ESD2 - FY21.pdf
Action ByDate Action ResultVer.
Take appropriate action regarding Ordinance 2020-16 for the Adoption of the Public Improvement District’s Tax Rate (S.
Norwood).
Town Council Meeting Page 72 of 126 September 22, 2020
Page 1 of 2
To: Mayor and Town Council
From: Steve Norwood, Town Manager
CC: Leticia Vacek, TRMC/CMC/MMC, Town Secretary/RMO
Mike Erwin, Finance Manager
Re: Ordinance for Updated Annual Service and Assessment Plan and Assessment Roll
Town Council Meeting, September 22, 2020
Agenda Item:
Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club
accepting and approving a Service and Assessment Plan for Authorized Services for the Town of
Trophy Club Public Improvement District No. 1 (Emergency Services) and an Assessment Roll for
the Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club);
making a finding of special benefit to the Property in the District; levying special assessments
against Property within the District; providing for payment of the assessments in accordance with
law; and providing an effective date (S. Norwood).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
In 2007, a resolution was passed authorizing the creation of Trophy Club Public Improvement
District No. 1 (PID) (the Highlands at Trophy Club) to finance certain public services (Authorized
Services) for the benefit of certain property in the PID, which were determined to be in the scope
of emergency services to include, but not limited to, fire, inspection, investigations, search and
rescue, and pre-hospitalization medical stabilization and transportation.
Financial Considerations:
The PID requires the service plan to be reviewed and updated annually. The apportionment of
the costs for Authorized Services is based on all real property from the certified tax roll. The
assessment rate for fiscal year 2020-2021 is $0.06476 per $100 of taxable value, which is down
$0.00262 from the previous year’s rate of $0.06738. Annually, Town Council approves the update
of the Service and Assessment Plan which includes the assessment roll.
Town Council Meeting Page 73 of 126 September 22, 2020
Page 2 of 2
Legal Review:
None applicable.
Board/Commission/ or Committee Recommendation:
None applicable.
Staff Recommendation:
Staff recommends approval of the Ordinance No. 2020-16
Attachments:
• Ordinance No. 2020-16
• Annual Service Plan Update (2020) Trophy Club PID No. 1
Town Council Approval:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Mayor C. Nick Sanders or designee
Town Council Meeting Page 74 of 126 September 22, 2020
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ANNUAL SERVICE PLAN
UPDATE (2020)
TOWN OF TROPHY CLUB
TROPHY CLUB PID NO. 1 (ESD2)
THE HIGHLANDS AT TROPHY CLUB
Report Date: SEPTEMBER 22, 2020
Town Council Meeting Page 75 of 126 September 22, 2020
www.FinanceDTA.com 8117 Preston Road, Suite 300
Dallas, TX 75225
TOWN OF TROPHY CLUB
ANNUAL SERVICE PLAN UPDATE (2020)
TOWN OF TROPHY CLUB
PUBLIC IMPROVEMENT DISTRICT NO. 1 (ESD2)
THE HIGHLANDS AT TROPHY CLUB
Prepared for:
The Town of Trophy Club
1 Trophy Wood Drive
Trophy Club, TX 76262
Town Council Meeting Page 76 of 126 September 22, 2020
TABLE
OF CONTENTS
SECTION
I PLAN DESCRIPTION AND DEFINED TERMS ....... 1
A Introduction ..................................................................... 1
B Definitions — The terms used herein shall
have the following meanings: ..................................... 1
II PROPERTY INCLUDED IN THE PID ..................... 3
III DESCRIPTION OF THE AUTHORIZED SERVICES
.................................................................................... 4
IV SERVICE PLAN ......................................................... 5
V ASSESSMENT PLAN................................................. 7
VI MISCELLANEOUS PROVISIONS............................ 8
A Amendments ................................................................... 8
B Administration and Interpretation of
Provisions ......................................................................... 8
C Severability ....................................................................... 8
APPENDICES
APPENDIX A ASSESSMENT ROLL
Town Council Meeting Page 77 of 126 September 22, 2020
1
SECTION I
PLAN DESCRIPTION AND DEFINED
TERMS
Town of Trophy Club, Trophy Club PID No. 1 (ESD2) September 22, 2020
Annual Service Plan Update (2020)
www.FinanceDTA.com
I PLAN DESCRIPTION AND DEFINED TERMS
A Introduction
On April 16, 2007, the Town of Trophy Club Town Council passed and approved a resolution
approving and authorizing the creation of the Town of Trophy Club Public Improvement
District No. 1 (the Highlands at Trophy Club) (the "PID") to finance certain public services
(the "Authorized Services") for the benefit of certain property in the PID, all of which is
located within the Town.
A service and assessment plan (the "Service and Assessment Plan") was prepared at the
direction of the Town identifying the Authorized Services to be provided by the PID, an
estimate of the cost of the Authorized Services for the 2007-08 fiscal year, and the manner
of assessing the property in the PID for the costs of the Authorized Services. Pursuant to
Sections 372.013, 372.014, and 372.015 of the Public Improvement District Act (the "PID Act"),
the Service and Assessment Plan is to be reviewed and updated annually. The update of the
Service and Assessment Plan (the "Annual Service and Assessment Plan Update") for 2020
includes the 2020 assessment roll (the "2020 Assessment Roll") identifying the assessments
on each parcel, based on the method of assessment set forth in the Service and Assessment
Plan. Section 372.015 of the PID Act states that the governing body of the municipality shall
apportion the cost of an improvement to be assessed against property in an improvement
district, and the apportionment shall be made on the basis of special benefits accruing to
the property because of the improvement.
Capitalized terms used herein shall have the meanings ascribed to them in this section of
the Annual Service and Assessment Plan Update.
B Definitions — The terms used herein shall have the following meanings:
"Annual Collection Costs " mean the following actual or budgeted costs, as applicable,
related to the annual collection costs of outstanding Assessments, including the costs or
anticipated costs of: (i) computing, levying, collecting and transmitting the Assessments
(whether by the Town or otherwise), (ii) the Town in any way related to the collection of
the Assessments, including, without limitation, the administration of the PID, maintaining
the record of the Assessments, including, without limitation, any associated legal expenses,
the reasonable costs of other consultants and advisors and contingencies and reserves for
such costs as deemed appropriate by the Town Council.
"Assessed Property " means, for any year, Parcels within the PID other than Non-Benefited
Property.
"Assessmen t" means the assessment levied against a Parcel imposed pursuant to the
Assessment Ordinance and the provisions herein, as shown on the Assessment Roll.
Town Council Meeting Page 78 of 126 September 22, 2020
2
SECTION I
PLAN DESCRIPTION AND DEFINED
TERMS
Town of Trophy Club, Trophy Club PID No. 1 (ESD2) September 22, 2020
Annual Service Plan Update (2020)
www.FinanceDTA.com
"Assessment Ordinance " means the Assessment Ordinance approved by the Town Council
to approve the imposition of the Assessments.
"Assessment Rate " means the rate determined by dividing the costs of the Authorized
Services for a fiscal year plus the Annual Collection Costs by the taxable value of the
Assessed Property (expressed in multiples of one hundred) for the same fiscal year.
"Authorized Services " mean those public services providing a special benefit to the
Assessed Property and described in Section III herein and Section 372.003 of the PID Act.
"Delinquent Collection Costs " mean interest, penalties and expenses incurred or imposed
with respect to any delinquent Assessments in accordance with §372.018(f) of the PID Act
and the costs related to pursuing collection of a delinquent Assessment and foreclosing the
lien against the assessed property, including attorneys’ fees.
"Non-Benefited Property " means Parcels within the boundaries of the PID that accrue no
special benefit from the Authorized Services, including Public Property and any other
property exempt from regular property taxes.
"Parcel " means a parcel identified by a tax map identification number assigned by the
Denton Central Appraisal District for real property tax purposes.
"PID " has the meaning set forth in Section I.A of this Annual Service and Assessment Plan
Update.
"PID Act " means Texas Local Government Code Chapter 372, Improvement Districts in
Municipalities and Counties, Subchapter A, Public Improvement Districts, as amended.
"Public Property " means property within the boundaries of the PID that is owned by the
federal government, the State of Texas, the Town, a school district, a public utility provider
or any other public agency.
"Town " means the Town of Trophy Club, Texas.
"Town Council " means the duly elected governing body of the Town.
Town Council Meeting Page 79 of 126 September 22, 2020
3
SECTION III
PROPERTY INCLUDED IN THE PID
Town of Trophy Club, Trophy Club PID No. 1 (ESD2) September 22, 2020
Annual Service Plan Update (2020)
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II PROPERTY INCLUDED IN THE PID
The Highlands of Trophy Club is located in the Town of Trophy Club within Denton
County, Texas. The property in the PID consists of most of the property within The
Highlands of Trophy Club planned development.
The Highlands of Trophy Club planned development contains approximately 696 acres,
of which approximately 609 acres is within the PID. Approximately 49 acres is within the
planned development but outside of the PID boundaries. This excluded property is
located within Trophy Club Municipal District No. 1 (MUD 1). Approximately 38 acres of
land designated for commercial uses are also within the planned development but not
within the PID.
At completion, the PID is expected to consist of approximately 1,4091 residential units,
two parks, entry monuments, and associated rights-of-way, landscaping, and
infrastructure necessary to provide roadways, drainage and utilities to the PID. The
estimated number of lots is based upon the Planned Development Ordinance and the
Developer’s estimated highest and best use of the property within the PID.
1 The original expected number of units was 1,474. The reclassification of the Neighborhood 8 units reduced the number
of expected units by 65.
Town Council Meeting Page 80 of 126 September 22, 2020
4
SECTION III
DESCRIPTION OF THE
AUTHORIZED SERVICES
Town of Trophy Club, Trophy Club PID No. 1 (ESD2) September 22, 2020
Annual Service Plan Update (2020)
www.FinanceDTA.com
III DESCRIPTION OF THE AUTHORIZED SERVICES
Pursuant to the PID Act, the services that may be provided by a PID include "special
supplemental services for improvement and promotion of the district, including services
relating to advertising, promotion, health and sanitation, water and wastewater, public
safety, security, business recruitment, development, recreation, and cultural
enhancement." (Section 372.003)
After analyzing the Authorized Services authorized by the PID Act, the Town has
determined that emergency services (the "Authorized Services") should be undertaken by
the Town and will be of special benefit to Assessed Property within the PID. These
emergency services shall include, without limitation, fire suppression and control,
inspection services, arson investigations, hazardous material response, search and
rescue, emergency recovery and extraction, and pre-hospital medical stabilization or
transportation of persons who are sick, injured, wounded, or otherwise incapacitated or
helpless. Pre-hospital medical stabilization and transportation services include basic life
support ambulance services, advanced life support ambulance services, air ambulance
services, and quick-response unit services provided by the Town.
Town Council Meeting Page 81 of 126 September 22, 2020
5
SECTION IV
SERVICE PLAN
Town of Trophy Club, Trophy Club PID No. 1 (ESD2) September 22, 2020
Annual Service Plan Update (2020)
www.FinanceDTA.com
IV SERVICE PLAN
The PID Act requires that a service plan cover a period of at least five years. The plan shall
be reviewed and updated annually for the purpose of determining the annual budget for
improvements. The annual projected costs are shown in the following table (Table IV-A).
This budget is based on the provision of emergency services to existing residents and
businesses, including construction workers, within the PID.
Table IV-1: Annual Projected Costs
YEAR
ANNUAL
PROJECTED COSTS OF
AUTHORIZED SERVICES
ANNUAL
COLLECTION COSTS2 TOTAL COSTS
2020 $510,812 $0 $510,812
2021 $510,812 $0 $510,812
2022 $510,812 $0 $510,812
2023 $510,812 $0 $510,812
2024 $510,812 $0 $510,812
The annual projected costs are subject to annual revision and shall be updated in the
Annual Service and Assessment Plan Update to reflect any changes in the costs of the
Authorized Services expected to be provided each year. The annual projected sources of
funds to pay the costs of the Authorized Services are shown by the following table (Table
IV-B).
2 Annual Collections Costs will be paid by the Trophy Club Municipal Utility District.
Town Council Meeting Page 82 of 126 September 22, 2020
6
SECTION IV
SERVICE PLAN
Town of Trophy Club, Trophy Club PID No. 1 (ESD2) September 22, 2020
Annual Service Plan Update (2020)
www.FinanceDTA.com
Table IV-2: Annual Projected Sources of Funds
YEAR ASSESSMENTS
ANNUAL INDEBTEDNESS
AND OTHER FUNDS
TOTAL
SOURCES OF FUNDS
2020 $510,648 $0 $510,648
2021 $510,648 $0 $510,648
2022 $510,648 $0 $510,648
2023 $510,648 $0 $510,648
2024 $510,648 $0 $510,648
The projected sources of funds are subject to annual revision based on any
changes in the costs of the Authorized Services to be provided to the PID. The sources
of funds for the Authorized Services shown in Table IV-B shall be updated each year in the
Annual Service and Assessment Plan Update to reflect any changes in the sources of funds.
Town Council Meeting Page 83 of 126 September 22, 2020
7
SECTION V
ASSESSMENT PLAN
Town of Trophy Club, Trophy Club PID No. 1 (ESD2) September 22, 2020
Annual Service Plan Update (2020)
www.FinanceDTA.com
V ASSESSMENT PLAN
The PID Act requires the Town Council to apportion the cost of Authorized Services on
the basis of special benefits conferred upon the property from the Authorized Services.
The Act provides that the cost of Authorized Services may be assessed: (i) equally per
front foot or square foot; (ii) according to the value of the property as determined by the
governing body, with or without regard to improvements on the property; or (iii) in any
other manner that results in imposing equal shares of the cost on property similarly
benefited.
The Town Council has determined to apportion the costs of the Authorized Services
"according to the value of the property as determined by the governing body." The costs
of the Authorized Services will be assessed to all real property according to the certified
tax roll each year, excluding only Non-Benefited Property. Personal property is not
assessed.
The costs of the Authorized Services for the 2020-2021 fiscal year are estimated to be
$510,812.00. Annual Collection Costs of $1,179.98 (1,439 parcels x $0.82 per parcel) will
be paid by the Trophy Club Municipal Utility District.
Table V-1: Calculation of the Assessment Rate
The Assessment Rate shall be applied to each Parcel of Assessed Property to determine
the Assessment to be collected for the 2020-2021 fiscal year. The Assessments shall be
paid in the same manner and at the same time and subject to the same remedies upon
the failure to pay, to the extent allowed by law, as regular ad valorem property taxes.
Delinquent Assessments shall be subject to Delinquent Collection Costs.
The determination by the Town Council of the assessment methodology set forth above
is the result of the discretionary exercise by the Town Council of its legislative authority
and governmental powers and is conclusive and binding on the current and all future
owners of the Assessed Property.
Town Council Meeting Page 84 of 126 September 22, 2020
8
SECTION VI
MISCELLANEOUS PROVISIONS
Town of Trophy Club, Trophy Club PID No. 1 (ESD2) September 22, 2020
Annual Service Plan Update (2020)
www.FinanceDTA.com
VI MISCELLANEOUS PROVISIONS
A Amendments
The Town Council reserves the right to the extent permitted by the Act to amend this
Annual Service and Assessment Plan Update without notice under the Act and without
notice to property owners of Parcels: (i) to correct mistakes and clerical errors; (ii) to clarify
ambiguities; and (iii) to provide procedures for the collection and enforcement of
Assessments, Collection Costs, and other charges imposed by the Annual Service and
Assessment Plan Update.
B Administration and Interpretation of Provisions
The Town Council shall administer the PID consistent with the PID Act and shall make all
interpretations and determinations related to the application of this Annual Service and
Assessment Plan Update unless stated otherwise herein or in the indenture of trust, and as
long as there is a rational basis for the determination made by the Town, such
determination shall be conclusive.
C Severability
If any provision, section, subsection, sentence, clause or phrase of this Annual Service and
Assessment Plan Update, or the application of same to a Parcel or any person or set of
circumstances is for any reason held to be unconstitutional, void or invalid, the validity of
the remaining portions of this Annual Service and Assessment Plan Update or the
application to other persons or sets of circumstances shall not be affected thereby, it being
the intent of the Town Council in adopting this Annual Service and Assessment Plan Update
that no part hereof, or provision or regulation contained herein shall become inoperative
or fail by reason of any unconstitutionality, voidness or invalidity of any other part hereof,
and all provisions of this Annual Service and Assessment Plan Update are declared to be
severable for that purpose.
Town Council Meeting Page 85 of 126 September 22, 2020
APPENDIX A
Town of Trophy Club
Annual Service Plan Update (2020)
Trophy Club Public Improvement District No. 1 (ESD2)
ASSESSMENT ROLL
Town Council Meeting Page 86 of 126 September 22, 2020
PID Assessment Rate 0.06476
67687 465542 469280
73937 465543 469281
82144 465544 469282
83515 465545 469283
84263 465546 469284
98639 465547 469286
98641 465548 469287
126407 465549 469288
171483 465550 469289
305643 465551 469290
314736 465552 469291
315393 465553 469292
329833 465554 469293
329944 465555 469294
330332 465556 469295
336888 465557 469296
338637 465558 469297
465509 465559 469298
465510 465560 469299
465511 465561 469300
465512 465562 469301
465513 465563 469302
465514 465564 469303
465515 465565 469304
465516 465566 469305
465517 465567 469306
465518 465568 469307
465519 465569 469308
465520 465570 469309
465521 465571 469310
465522 465572 469311
465523 465573 469312
465524 465574 469313
465525 465575 469314
465526 465576 469315
465527 465577 469316
465528 465578 469317
465529 465579 469318
465530 465580 469319
465531 465581 469320
465532 465582 469321
465533 465583 469322
465534 466259 469323
465535 466260 469324
465536 466261 469325
465537 469275 469326
465538 469276 469327
465539 469277 469328
465540 469278 469329
465541 469279 469330
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
Town Council Meeting Page 87 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
469331 470088 470179
469332 470089 470180
469333 470090 470181
469334 470091 470182
469335 470092 470183
469336 470093 470184
469337 470094 470185
469338 470095 470186
469343 470096 470187
469372 470097 470188
470048 470098 470189
470049 470099 470190
470050 470100 470191
470051 470101 470192
470052 470102 470193
470053 470103 470194
470054 470104 470195
470055 470105 470196
470056 470106 470197
470057 470107 470198
470058 470108 470199
470059 470109 470200
470060 470110 470201
470061 470111 470202
470062 470153 470203
470063 470154 470204
470064 470155 470205
470065 470156 470249
470066 470157 470250
470067 470158 470251
470068 470159 470252
470069 470160 470253
470070 470161 470254
470071 470162 470255
470072 470163 470256
470073 470164 470257
470074 470165 470258
470075 470166 470259
470076 470167 470260
470077 470168 470261
470078 470169 470262
470079 470170 470263
470080 470171 470264
470081 470172 470265
470082 470173 470266
470083 470174 470267
470084 470175 470268
470085 470176 470269
470086 470177 470270
470087 470178 470271
Town Council Meeting Page 88 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
470272 498915 533292
470273 498916 533293
470274 498917 533294
470275 498918 533295
470276 498919 533296
470277 498920 533297
470278 498922 533298
470279 498923 533307
470280 498924 533309
470281 498925 533310
470282 498926 533311
470283 498927 533312
470284 498928 533313
470285 498929 533314
470286 498930 533315
470287 498931 533316
470288 498932 533317
470289 498933 533318
470290 498934 533319
470291 498935 533320
470292 498936 533321
470293 498937 533322
470294 498938 533323
470295 498939 533324
470296 498940 533325
470297 498945 533326
470298 498946 533327
470299 498947 533328
470300 498948 533329
470397 498949 533330
471214 498950 533331
471291 498951 533332
494650 498952 533333
498867 498953 533334
498868 498954 533335
498869 498955 533336
498870 498956 533337
498871 523472 533338
498873 525439 533339
498874 533255 533340
498875 533256 533341
498876 533257 533342
498877 533258 533343
498878 533259 533344
498879 533262 533345
498880 533264 533346
498911 533287 533347
498912 533289 533348
498913 533290 533349
498914 533291 533350
Town Council Meeting Page 89 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
533351 533401 534866
533352 533402 534867
533353 533403 534868
533354 533404 534869
533355 533405 534870
533356 533406 534871
533357 533407 534872
533358 533408 534873
533359 533409 534874
533360 533410 534875
533361 533411 534876
533362 533412 534877
533363 533413 534878
533364 533414 534879
533365 533415 534880
533366 533416 534881
533367 533417 534882
533368 533418 534883
533369 533419 534884
533370 533420 534885
533371 533421 534886
533372 533422 534887
533373 533425 534888
533374 533428 534889
533375 533429 534890
533376 533430 534891
533377 533431 534892
533378 533432 534893
533379 533433 534894
533380 533434 534895
533381 533464 534896
533382 533480 534897
533383 533490 534898
533384 533498 536563
533385 533500 536564
533386 533501 536565
533387 534852 536566
533388 534853 536567
533389 534854 536568
533390 534855 536569
533391 534856 536570
533392 534857 536571
533393 534858 536572
533394 534859 536573
533395 534860 536574
533396 534861 536575
533397 534862 536576
533398 534863 536577
533399 534864 536578
533400 534865 536579
Town Council Meeting Page 90 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
536580 557680 558374
536581 557681 558375
536582 557682 558376
536583 557683 558377
536584 557684 558378
536585 557685 558379
536586 557686 558380
536587 557687 558381
536588 558332 558382
536868 558333 558383
537217 558334 558384
537349 558335 558385
557641 558336 558386
557642 558337 558387
557643 558338 558388
557644 558339 558389
557645 558340 558390
557646 558341 558391
557647 558342 558392
557648 558343 558393
557649 558344 558394
557650 558345 558395
557651 558346 558396
557652 558347 558397
557653 558348 558398
557654 558349 558399
557655 558350 558400
557656 558351 558401
557657 558352 558402
557658 558353 558403
557659 558354 558404
557660 558355 558405
557661 558356 558406
557662 558357 558407
557663 558358 558408
557665 558359 558409
557666 558360 558410
557667 558361 558411
557668 558362 558412
557669 558363 558413
557670 558364 558414
557671 558365 558415
557672 558366 558416
557673 558367 558417
557674 558368 558418
557675 558369 558419
557676 558370 558420
557677 558371 558421
557678 558372 558422
557679 558373 558423
Town Council Meeting Page 91 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
558424 558474 558524
558425 558475 558525
558426 558476 558526
558427 558477 558527
558428 558478 558528
558429 558479 558529
558430 558480 558530
558431 558481 558531
558432 558482 558532
558433 558483 558533
558434 558484 558534
558435 558485 558535
558436 558486 558536
558437 558487 558537
558438 558488 558538
558439 558489 558539
558440 558490 558540
558441 558491 558541
558442 558492 558542
558443 558493 558543
558444 558494 558544
558445 558495 558545
558446 558496 565346
558447 558497 565839
558448 558498 567352
558449 558499 567353
558450 558500 567354
558451 558501 567355
558452 558502 567356
558453 558503 567357
558454 558504 567358
558455 558505 567359
558456 558506 567360
558457 558507 567361
558458 558508 567362
558459 558509 567363
558460 558510 567364
558461 558511 567365
558462 558512 567366
558463 558513 567367
558464 558514 567368
558465 558515 567369
558466 558516 567370
558467 558517 567371
558468 558518 567372
558469 558519 567373
558470 558520 580345
558471 558521 580346
558472 558522 580347
558473 558523 580348
Town Council Meeting Page 92 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
580349 580400 583249
580350 580401 583250
580351 580402 583251
580352 580403 583252
580353 580404 583253
580354 580405 583254
580355 580406 583255
580356 580407 583256
580357 580408 583257
580358 580409 583258
580359 580410 583259
580360 580411 583260
580361 580412 583261
580362 580413 583262
580363 580414 583263
580364 581612 583264
580365 583215 583265
580366 583216 583266
580367 583217 583267
580368 583218 583268
580369 583219 583269
580370 583220 583270
580371 583221 583271
580372 583222 583272
580373 583223 583273
580374 583224 583274
580375 583225 583275
580376 583226 583276
580377 583227 583277
580378 583228 583278
580379 583229 583279
580380 583230 583280
580381 583231 583281
580382 583232 583282
580383 583233 583283
580384 583234 583284
580385 583235 583285
580386 583236 583286
580387 583237 583287
580388 583238 583288
580389 583239 583289
580390 583240 583290
580392 583241 583291
580393 583242 583292
580394 583243 583293
580395 583244 583294
580396 583245 583295
580397 583246 583296
580398 583247 583297
580399 583248 583298
Town Council Meeting Page 93 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
583299 583383 583473
583300 583384 583474
583301 583385 583475
583302 583386 583476
583303 583387 583477
583304 583388 583478
583305 583389 583479
583306 583390 583480
583307 583391 583481
583308 583392 583482
583309 583393 583483
583310 583394 583484
583311 583395 583485
583312 583396 583486
583313 583397 583487
583314 583398 583488
583315 583399 583489
583316 583400 583490
583317 583401 583491
583318 583402 583492
583319 583403 583493
583320 583404 583494
583321 583405 583495
583322 583406 583496
583323 583407 583497
583324 583408 583498
583325 583409 583499
583326 583410 583500
583327 583411 583501
583328 583412 583502
583329 583413 583503
583330 583414 583504
583331 583415 583505
583332 583416 583506
583333 583417 583507
583334 583418 583508
583335 583419 583509
583336 583420 583510
583337 583421 583511
583338 583422 583512
583339 583423 583513
583356 583424 583514
583375 583425 583519
583376 583426 583520
583377 583427 583521
583378 583428 583522
583379 583429 583523
583380 583470 583524
583381 583471 583525
583382 583472 583526
Town Council Meeting Page 94 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
583527 583578 583630
583528 583579 583631
583529 583580 583632
583530 583581 583633
583531 583582 583634
583532 583583 583643
583533 583584 583644
583534 583585 583645
583535 583586 583646
583536 583587 583647
583537 583588 583648
583538 583589 583649
583539 583590 583650
583540 583591 583651
583541 583592 583652
583542 583593 583653
583543 583594 583654
583544 583595 583655
583545 583596 583656
583546 583597 583657
583547 583598 583658
583548 583599 583659
583549 583600 583660
583550 583601 583661
583551 583602 583662
583552 583603 583663
583553 583604 583664
583554 583605 583665
583555 583606 583666
583556 583607 583667
583557 583608 583668
583558 583609 583669
583559 583612 583670
583560 583613 583671
583561 583614 583672
583562 583615 583673
583563 583616 583674
583564 583617 583675
583565 583618 583676
583566 583619 583677
583567 583620 583678
583568 583621 583679
583569 583622 583680
583570 583623 583681
583571 583624 583682
583573 583625 583683
583574 583626 583684
583575 583627 583685
583576 583628 583686
583577 583629 583687
Town Council Meeting Page 95 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
583688 635060 635110
583689 635061 635111
583690 635062 635112
583691 635063 635113
583692 635064 635114
583693 635065 635115
611444 635066 635116
620681 635067 635117
621956 635068 635118
622299 635069 635119
622300 635070 635120
622301 635071 635121
622302 635072 635122
622303 635073 635123
622304 635074 635124
622305 635075 635125
622306 635076 635126
622307 635077 635127
622308 635078 635128
622309 635079 635129
622310 635080 635130
622311 635081 635131
622312 635082 635132
622313 635083 635133
622314 635084 635134
622315 635085 635135
622316 635086 635136
622317 635087 635137
622318 635088 635138
622319 635089 635139
622320 635090 635140
622321 635091 635141
622322 635092 635142
622323 635093 635143
622324 635094 635144
622325 635095 635145
622326 635096 635146
622327 635097 635147
622328 635098 635148
622329 635099 635149
622330 635100 635150
631471 635101 635151
635052 635102 635152
635053 635103 635153
635054 635104 635154
635055 635105 635155
635056 635106 635156
635057 635107 635157
635058 635108 635158
635059 635109 635159
Town Council Meeting Page 96 of 126 September 22, 2020
PID Assessment Rate 0.06476
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2020 Assessment Roll
635160 667203 733756
635161 674251 744759
635162 681973 942882
650739 712035 20446646
657776 730909 20447888
667200 730930
Town Council Meeting Page 97 of 126 September 22, 2020
8117 PRESTON ROAD, SUITE 300
DALLAS, TX 75225
PHONE: (800) 969-4DTA
Public Finance
Public-Private Partnerships
Development Economics
Clean Energy Bonds
www.FinanceDTA.com
Town Council Meeting Page 98 of 126 September 22, 2020
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2020-16
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB ACCEPTING AND APPROVING A SERVICE AND ASSESSMENT
PLAN FOR AUTHORIZED SERVICES (EMERGENCY SERVICES) AND
AN ASSESSMENT ROLL FOR THE TOWN OF TROPHY CLUB PUBLIC
IMPROVEMENT DISTRICT NO. 1 (THE HIGHLANDS AT TROPHY
CLUB); MAKING A FINDING OF SPECIAL BENEFIT TO THE
PROPERTY IN THE DISTRICT; LEVYING SPECIAL ASSESSMENTS
AGAINST PROPERTY WITHIN THE DISTRICT; PROVIDING FOR
PAYMENT OF THE ASSESSMENTS IN ACCORDANCE WITH CHAPTER
372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; PROVIDING
FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE
ASSESSMENT; PROVIDING PENALTIES AND INTEREST ON
DELINQUENT ASSESSMENTS, PROVIDING FOR SEVERABILITY;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 16, 2007, a petition was submitted and filed with the Town
Secretary of the Town (the “Town Secretary”) pursuant to the Public Improvement District
Assessment Act, Chapter 372, Texas Local Government Code (the “PID Act”), requesting
the creation of a public improvement district over a portion of the area of the Town to be
known as The Town of Trophy Club Public Improvement District No. 1 (the “District”); and
WHEREAS, the petition contained the signatures of the owners of taxable property
representing more than fifty percent of the appraised value of taxable real property liable
for assessment within the District, as determined by the then current ad valorem tax rolls
of the Denton Central Appraisal District and the signatures of property owners who own
taxable real property that constitutes more than fifty percent of the area of all taxable
property that is liable for assessment by the District; and
WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town (the
“Town Council”) held the public hearing in the manner required by law on the advisability
of the public improvements and services described in the petition as required by Sec.
372.009 of the PID Act and made the findings required by Sec. 372.009(b) of the PID Act
and, by Resolution No. 2007-08 adopted by a majority of the members of the Town
Council, authorized the District in accordance with its finding as to the advisability of the
public improvements and services; and
WHEREAS, on May 18, 2007, the Town published notice of its authorization of the
District in the Trophy Club Times, a newspaper of general circulation in the Town; and
Town Council Meeting Page 99 of 126 September 22, 2020
ORD 2020-16 Page 2 of 7
WHEREAS, no written protests of the District from any owners of record of property
within the District were filed with the Town Secretary within 20 days after May 18, 2007;
and
WHEREAS, on May 21, 2007, the Council adopted a resolution directing the filing
of a proposed assessment roll, and directing related action; and
WHEREAS, the Town has conducted annual reviews from 2008 through 2019 as
provided in the PID Act and has annually adopted ordinances approving a Service and
Assessment Plan for Authorized Services and an Assessment Roll for The Town of
Trophy Club Public Improvement District No. 1; and
WHEREAS, on September 8, 2020 through the adoption of Resolution No. 2020-
14 and as part of its 2020-2021 annual review of the special assessments for emergency
services, the Town Council, pursuant to Section 372.016(b) of the PID Act, caused the
publication on September 17, 2020 of notice of a public hearing in a newspaper of general
circulation in the Town to consider the proposed “Assessment Roll” and the “Service and
Assessment Plan for Authorized Services” (the “Plan”) and the levy of the “Assessments”
on property in the District; and
WHEREAS, the Town Council, pursuant to Section 372.016(c) of the PID Act,
directed the mailing of notice of the public hearing to consider the proposed Assessment
Roll and the Plan and the levy of Assessments on property in the District to the last known
address of the owners of the property liable for the Assessments; and
WHEREAS, the Town Council convened the hearing at 7:00 p.m. on the 22nd day
of September, 2020, at which all persons who appeared, or requested to appear, in
person or by their attorney, were given the opportunity to contend for or contest the Plan,
the Assessment Roll, and each proposed assessment, and to offer testimony pertinent to
any issue presented on the amount of the assessment, the allocation of costs of the
Authorized Services, the purposes of the assessment, the special benefits of the
assessment, and the penalties and interest on delinquent Assessments; and
WHEREAS, pursuant to Sections 372.013 and 372.014 of the PID Act, the Town
Council has directed the preparation of a Service and Assessment Plan for Authorized
Services for the District (the “Plan”), such Plan is attached hereto as Exhibit “A,” covers
a period of at least five years, and defines the annual indebtedness and the projected
costs of the Authorized Services, as identified and defined in the Plan; and
WHEREAS, the Plan includes an assessment plan that apportions the cost of the
Authorized Services to be assessed against property in the District and such
apportionment is made on the basis of special benefits accruing to the property because
of the Authorized Services; and
Town Council Meeting Page 100 of 126 September 22, 2020
ORD 2020-16 Page 3 of 7
WHEREAS, the Town Council finds and determines that the Assessment Roll and
the Plan should be approved and that the assessments should be levied as provided in
the Plan and Assessment Roll; and
WHEREAS, the Town Council further finds that there were no written objections
or evidence submitted to the Town Secretary in opposition to the Plan, the allocation of
Costs, the Assessment Roll, and the levy of assessments; and
WHEREAS, the Town Council closed the hearing, and, after considering all written
and documentary evidence presented at the hearing, including all written comments and
statements filed with the Town, determined to proceed with the adoption of this Ordinance
in conformity with the requirements of the PID Act.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
TERMS
Terms not otherwise defined herein are defined in the Service and Assessment Plan for
Authorized Services (the “Plan”) attached hereto and incorporated herein as Exhibit “A.”
SECTION 2.
FINDINGS
The findings and determinations set forth in the preambles are hereby incorporated by
reference for all purposes. The Town Council hereby finds, determines, and ordains, as
follows:
(a) The apportionment of the costs of the Authorized Services pursuant to the Plan is fair
and reasonable, reflects an accurate presentation of the special benefit each property
will receive from the public improvements identified in the Plan, and is hereby
approved;
(b) The Plan covers a period of at least five years and defines projected costs for the
Authorized Services;
(c) The Plan apportions the cost of the Authorized Services to be assessed against
property in the District and such apportionment is made on the basis of special benefits
accruing to the property because of the Authorized Services.
(d) All of the real property in the District which is being assessed in the amounts shown
in the Assessment Roll will be benefited by the Authorized Services proposed to be
provided through the District in the Plan, and each parcel of real property will receive
special benefits in each year equal to or greater than each annual Assessment and
Town Council Meeting Page 101 of 126 September 22, 2020
ORD 2020-16 Page 4 of 7
will receive special benefits during the term of the Assessments equal to or greater
than the total amount assessed;
(e) The method of apportionment of the costs of the Authorized Services set forth in the
Plan results in imposing equal shares of the Costs on property similarly benefited, and
results in a reasonable classification and formula for the apportionment of the costs of
the Authorized Services;
(f) The Plan should be approved as the service plan and assessment plan for the District
as described in Sections 372.013 and 372.014 of the PID Act;
(g) The 2019 Assessment Roll in the form attached as Exhibit “B” to the Plan (the
“Assessment Roll”) should be approved as the 2020 Assessment Roll for the District;
(h) The provisions of the Plan relating to due and delinquency dates for the Assessments,
interest and penalties on delinquent Assessments and procedures in connection with
the imposition and collection of Assessments should be approved and will expedite
collection of the Assessments in a timely manner in order to provide the services
needed and required for the area within the District; and
(i) A written notice of the date, hour, place and subject to this meeting of the Town
Council was posted at a place convenient to the public for the time required by law
preceding this meeting, as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and that this meeting has been open to the public as
required by law at all times during which this Ordinance and the subject matter hereof
has been discussed, considered, and formally acted upon.
SECTION 3.
ASSESSMENT PLAN
The Plan is hereby accepted and approved pursuant to the PID Act Sections 372.13
and 372.014 as the Service and Assessment Plan for the District.
SECTION 4.
ASSESSMENT ROLL
The Assessment Roll is hereby accepted and approved pursuant to the PID Act Section
372.016 Assessment Roll of the District.
SECTION 5.
LEVY AND PAYMENT OF SPECIAL ASSESSMENTS FOR COSTS OF
IMPROVEMENT PROJECT
(a) The Town Council hereby levies an assessment on each tract of property located
within the District, as shown and described in the Plan and the Assessment Roll, in
Town Council Meeting Page 102 of 126 September 22, 2020
ORD 2020-16 Page 5 of 7
the respective amounts shown on the Assessment Roll as a special assessment on
the properties set forth in the Assessment Roll.
(b) The levy of the Assessments shall be effective on the date of execution of this
Ordinance levying assessments and strictly in accordance with the terms of the Plan.
(c) Each Assessment shall be paid annually pursuant to the terms of the Plan.
(d) Each Assessment shall be collected each year in the manner set forth in the Plan by
the Denton County Tax Assessor Collector or other qualified collection agent, duly
authorized by the Town Council.
SECTION 6.
METHOD OF ASSESSMENT
The method of apportioning the costs of the Authorized Services is as set forth in the
Plan.
SECTION 7.
APPOINTMENT OF ADMINISTRATOR
David Taussig & Associates (www.FinanceDTA.com) is hereby appointed and designated
as the Administrator of the Service and Assessment Plan for Authorized Services and of
the Assessments levied by this Ordinance. The Administrator shall perform the duties of
the Administrator described in the Plan and in this Ordinance. In addition to other
applicable costs of collection, whether legally authorized by contract or other District
document, the Administrator’s fees, charges, and expenses for providing such service
shall constitute Collection Costs.
SECTION 8.
PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS
Delinquent Assessments shall be subject to the penalties, interest, procedures, and
foreclosure sales set forth in the Plan. The Assessments shall have lien priority as
specified in the PID Act and the Plan.
SECTION 9.
APPLICABILITY OF TAX CODE
To the extent not inconsistent with this Ordinance, and not inconsistent with the PID Act
or the other laws governing public improvement districts, the provisions of the Texas Tax
Code shall be applicable to the imposition and collection of Assessments by the Town.
Town Council Meeting Page 103 of 126 September 22, 2020
ORD 2020-16 Page 6 of 7
SECTION 10.
SEVERABILITY
If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the
application of same to any person or set of circumstances is for any reason held to be
unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance
or the application to other persons or sets of circumstances shall not be affected thereby,
it being the intent of the Town Council that no portion hereof, or provision or regulation
contained herein shall become inoperative or fail by reason of any unconstitutionality,
voidness, or invalidity of any other portion hereof, and all provisions of this Ordinance are
declared to be severable for that purpose.
SECTION 11.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by filing this Ordinance in the ordinance records of the Town as required
in the Town Charter.
SECTION 12.
EFFECTIVE DATE
This Ordinance shall take effect, and the levy of the Assessments, and the provisions and
terms of the Plan shall be and become effective on upon passage and execution hereof.
ADOPTED, PASSED, and APPROVED by the Town Council, by a vote of
members voting “for” and members voting “against” and with absentee, on this 22nd
day of September 2020.
________________________
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: [SEAL]
Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO Town of Trophy Club, Texas
APPROVED TO AS FORM:
____________________________________
J. David Dodd III, Town Attorney Town of Trophy Club, Texas
Town Council Meeting Page 104 of 126 September 22, 2020
EXHIBIT A
SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES FOR
THE DISTRICT (THE “PLAN”)
Town Council Meeting Page 105 of 126 September 22, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-265-T Name:
Status:Type:Agenda Item Draft
File created:In control:8/25/2020 Town Council
On agenda:Final action:9/8/2020
Title:Take appropriate action to adopt Ordinance 2020-17 Amending the Rules of Procedures (L. Vacek).
Attachments:Staff Report - Town Council Rules of Procedure.pdf
ORD. 2020-17 - Rules of Procedure.pdf
Action ByDate Action ResultVer.
Take appropriate action to adopt Ordinance 2020-17 Amending the Rules of Procedures (L. Vacek).
Town Council Meeting Page 106 of 126 September 22, 2020
Page 1 of 2
To: Mayor Sanders and Town Council
From: Leticia Vacek, Town Secretary
CC: Steve Norwood, Town Manager
Re: Consideration of Ordinance 2020-17 amending Ordinance 2017-19 to incorporate
amendments introduced at the Council Meeting held August 25, 2020, to the
Meeting Rules of Procedure
Date Town Council Meeting of September 22, 2020
Agenda Item:
Consideration of Amended Ordinance 2020-17 that incorporates the amendments introduced to
the Council Meeting Rules of Procedure on August 25, 2020 among various Scribner’s
grammatical errors and a few restructured sentences.
Strategic Link:
This item relates primarily to the Administrative & Financial Services strategic priority and goals
by Updating the current Council Meeting Rules and Procedures.
Background and Explanation:
The Council Meeting Rules and Procedures require several Scribner’s corrections and updates.
Following are the sections I am recommending amendments be made.
*Section 1.03.032(c) Provides a process for Excused Attendance from Council Meetings.
*Section 1.03.033(a) Updates the Council Meeting Location.
*Section 1.03.035(b) Clarifies the “Future Agenda Items” Section.
*Section 1.03.035(f) Removes “designated timekeeper” and the Mayor shall have the discretion.
*Section 1.03.033(c) Defers to State Statutes on Emergency Called Council Meetings.
*New: Section 1.03.035 (g)(7) Provides that “the Mayor may Issue Proclamations as needed
without Council Approval” which will be exception and not the rule when considering requests
that cannot meet the agenda deadline.
Financial Considerations:
There is no Financial Impact to the Budget by adopting Ordinance 2020-17.
Town Council Meeting Page 107 of 126 September 22, 2020
Page 2 of 2
Legal Review:
The Town Attorney is in concurrence with the proposed amendments.
Board/Commission/ or Committee Recommendation:
Not applicable
Staff Recommendation:
The Town Secretary recommends approval of the Amendments and highlighted revisions
presented.
Attachments:
• Amended Ordinance 2020-17.
Town Council Approval:
__ Mayor C. Nick Sanders or
Designee
Town Council Meeting Page 108 of 126 September 22, 2020
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE 2020-17
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REPEALING DIVISION 2, “MEETINGS AND RULES OF PROCEDURE”,
OF ARTICLE 1.03, “TOWN COUNCIL” OF THE TOWN OF TROPHY
CLUB CODE OF ORDINANCES AND ADOPTING A NEW DIVISION 2,
“MEETINGS AND RULES OF PROCEDURE”, OF ARTICLE 1.03,
“TOWN COUNCIL”; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A
SAVINGS AND REPEALER; PROVIDING A SEVERABILITY;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council establishes rules and procedures to ensure that its
meetings are conducted in an orderly manner; and
WHEREAS, the Town Council has the authority to generally review and make
changes to its procedural rules as it determines appropriate for the orderly conduct of its
meetings; and
WHEREAS, having reviewed the existing procedures and considering the desire
to conduct orderly and efficient meetings, the Town Council hereby repeals Division 2,
“Meetings and Rules of Procedure,” of Article 1.03, “Town Council” and adopts a new
Division 2, “Meetings and Rules of Procedure,” of Article 1.03, “Town Council” serving the
best interests of the Town and will assist with the conduct of orderly and efficient
meetings.
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
2.01 Division 2, “Meetings and Rules of Procedure,” of Article 1.03, “Town Council” of
the Town of Trophy Club Code of Ordinances, is hereby repealed and a new Division 2,
“Meetings and Rules of Procedure,” of Article 1.03, “Town Council” is hereby adopted, so
that Division 2, “Meetings and Rules of Procedure shall be and read in its entirety as
follows:
Town Council Meeting Page 109 of 126 September 22, 2020
ORD 2020-17 Page 2 of 14
ARTICLE 1.03 TOWN COUNCIL
. . .
“Division 2. Meetings and Rules of Procedure
Sec. 1.03.031 Authority
Pursuant to Section 3.11 of the Home Rule Charter of the town, the Town Council
shall determine its own Rules of Procedure.
The Charter of the Town of Trophy Club, Texas, provides for open meetings for
the Town Council at which reasonable opportunity shall be given for Citizens to be
heard under such rules as the Council may provide. The Rules of Procedure
establish guidelines to be followed by all persons attending a Town Council
meeting, including members of the Town Council, Town Staff and visitors.
Sec. 1.03.032 General Rules
(a) Meetings to be public. All official meetings of the town council and all
sessions of a subcommittee of the town council consisting of a quorum of
the council shall be public unless otherwise specified by council.
(b) Quorum. The governing body of the town consists of a Mayor and six (6)
Council Members. Attendance at a council meeting by four (4) of the seven
(7) members of the Town Council constitutes a quorum for the purpose of
a regular or special meeting.
(c) Attendance. As specified in the Town Charter, should a member of the
Town Council fail to attend three consecutive regular meetings without
being excused by the council, his/her office may be declared forfeited by
the council. A member of the Town Council who is unable to attend a
Council Meeting shall notify the Town Secretary of his/her inability to attend
the meeting and shall provide an explanation of the conflict or other reason
that prevents his/her attendance. Written notice to the Town Secretary via
email or followed up with an email shall be provided as soon as practicable
after the member becomes aware that he/she will be absent. The Town
Secretary shall notify the council of the absence prior to the beginning of
the Council Meeting from which the member will be absent or as soon as
the Town Secretary receives written notice.
(d) Misconduct. The Town Council may punish its own members for misconduct
as authorized by state law and town charter.
Town Council Meeting Page 110 of 126 September 22, 2020
ORD 2020-17 Page 3 of 14
(e) Minutes of Town Council meetings. An account of all proceedings of the
town council shall be kept maintained by the Town Secretary and shall be
entered into a book constituting the official record of the town council.
(f) Questions to contain one subject. All questions submitted for a vote shall
contain only one subject. If two or more points are involved, any member
may require a division, if the question reasonably admits of a division.
(g) Right to floor. Any town council member desiring to speak shall be
recognized by the chairman/mayor. No member shall be allowed to speak
more than once on any one subject until every member wishing to speak
shall have spoken.
(h) Town manager. The town manager or assistant town manager or acting
town manager, shall attend all meetings of the town council unless excused
by the mayor or town council. The town manager, assistant town manager,
or acting town manager may make recommendations to the town council
and shall have the right to take part in all discussions of the town council,
but shall have no vote. The town manager may place an item for discussion
and/or action on the council agenda.
(i) Town attorney. The town attorney or acting town attorney, shall attend all
meetings of the town council unless excused by the mayor or town council
and shall, upon request, give an opinion, either written or oral, on questions
of law. The town attorney shall act as the town council’s parliamentarian.
(j) Town secretary. The town secretary or acting town secretary, shall attend
all meetings of the town council unless excused by the mayor or town
council, and shall keep the official minutes and perform such other duties
as may be requested of him/her by the town council.
(k) Officers and employees. Any officer or employee of the town, when
requested by the town manager, shall attend any meeting of the town
council. If requested to do so by the town manager, they may present
information relating to matters before the town council.
(l) Rules of order. Robert’s Rules of Order Newly Revised, as amended by the
council, shall govern the proceedings of the town council.
(m) Suspension of rules. Any provision of these rules may be temporarily
suspended by a two-thirds vote of all members of the town council in
attendance. The vote on any such suspension shall be taken by a show of
hands and entered into the record.
(n) Amendment to rules. These rules may be amended, or new rules adopted
with a favorable vote by four (4) members of the town council in attendance,
Town Council Meeting Page 111 of 126 September 22, 2020
ORD 2020-17 Page 4 of 14
provided that the proposed amendments or new rules shall have been
introduced into the record at a prior town council meeting.
Sec. 1.03.033 Types of Meetings
(a) Regular meetings. The Town Council shall primarily meet in the
council/board room at the Municipal Utility District Building, 100 Municipal
Drive chambers located at 1 Trophy Wood Dr., Trophy Club, Texas, on the
second and fourth Tuesday of each month and each meeting shall
commence at the time and place posted on the agenda for that meeting.
(b) Special meetings. Special meetings may be called by the Mayor or by any
three (3) members of the Town Council. The call for a special meeting shall
be filed with the Town Secretary in written form, except that announcement
of a special meeting, during any regular meeting at which all members are
present, shall be sufficient notice of such special meeting. The call for a
special meeting shall specify the day and the hour of the special meeting,
and shall list the subject or subjects to be considered. No special meeting
shall be held until at least 72 hours after the call is issued or within two (2)
hours for an emergency meeting. Only such business may be transacted at
a special meeting as may be listed in the call for said meeting or as incident
thereto.
(c) Emergency meetings. In case of an emergency or urgent public necessity,
which shall be expressed in the notice of the meeting, an emergency
meeting shall be called by the chairman/Mayor or on the application of by
three (3) members of the town council, and it shall be sufficient if the notice
is posted two (2) hours before the meeting is convened follow Texas
Statutes and be posted accordingly.
(d) Recessed meetings. Any meeting of the Town Council may be recessed to
a later time, provided that no recess shall be for a longer period than until
the next regular meeting.
(e) Public hearings.
(1) All meetings shall be held in full compliance with the provisions of
state law and codes of the town. Any party in interest may appear in
his/her own behalf or be represented by counsel or agent.
(2) The Town Secretary shall set public hearing dates for the Town
Council as requested, be responsible for timely advertising in the
official newspaper, and notify interested parties according to
requirements of the town council.
Town Council Meeting Page 112 of 126 September 22, 2020
ORD 2020-17 Page 5 of 14
Sec. 1.03.034 Chairman/Presiding Officer/Mayor
(a) Designation. The Mayor, if present, shall preside as chairman at all
meetings of theTown Council. In the absence of the Mayor, the Mayor Pro-
Tem shall preside. In the absence of both the Mayor and the Mayor Pro-
Tem, the Town Council shall elect a Presiding Officer.
(b) Call to order. The meetings of the Town Council shall be called to order by
the Mayor. In the absence of both the Mayor and the Mayor Pro-Tem, the
meeting shall be called to order by the Town Secretary.
(c) Preservation of order. The Mayor shall preserve order and decorum,
prevent personalities from becoming involved in debate and confine
members in debate to the question under discussion.
(d) Points of order.
(1) A member may interrupt debate for immediate consideration of
questions relating to rights and privileges of the assembly. The
Mayor will decide the question or may refer to the Town Attorney for
a ruling. The Mayor’s decision is subject to appeal to the Town
Council.
(2) A member of the council may appeal a ruling of the Mayor by
obtaining the floor and stating, “I appeal from the ruling of the Mayor.”
The person appealing can interrupt a speaker who has the floor. If
another member seconds the appeal, the procedure is as follows:
the presiding officer puts the question to the members for a vote. The
question cannot be amended and it is debatable unless the
immediately pending question is not debatable, the purpose of the
vote is to decide whether the Mayor’s ruling should be sustained. The
Mayor is entitled to speak first and last in any discussion about the
appeal or his/her decision. A majority vote is required to overturn the
decision of the Mayor, and the question can be reconsidered.
(e) Questions to be stated. The Mayor presiding officer shall state all questions
submitted for a vote and announce the result. The announcement of the
result will include the number of votes for, number of votes against and
abstentions, or state if unanimous.
(f) Substitution of presiding officer. The Mayor presiding officer may call any
other member to take his place in the chair, such substitution not to continue
beyond adjournment.
Sec. 1.03.035 Order of Business; Agenda
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(a) Agenda. The business of each meeting shall be as contained in the agenda
in the order established by the Mayor presiding officer. The Town Secretary
is responsible for the preparation of the agenda and providing a draft to the
Town Council . The agenda shall be composed of a listing of the topics to
be considered by the Town Council and delivered to members of the town
council each Thursday preceding the Tuesday Council Meeting. to which it
pertains. The agenda may provide for a work session immediately
preceding the commencement of the Regular Council Meeting in order to
allow council discussion and questions related to one or more of the items
posted on the Regular Council agenda. At the end of each agenda item,
the agenda should specify the first initial and last name of the person(s)
adding the item to be considered on the agenda. Staff initiated items will
be identified by a general notation of “Staff.”
(b) Presentations by members of Town Council; Future Agenda items. The
Future Agenda Items’ List shall provide a time when the Mayor or any two
(2) Town Council Members the opportunity may to bring an item before the
Town Council for consideration at a future meeting. any business that the
town council member believes should be deliberated upon by the town
council at a future meeting of the town council. However, Pursuant to the
Town Charter, before any item is placed for discussion and/or action on a
future Town Council agenda, a request for its placement on the agenda
shall be made by either the Mayor or by any two (2) Council Members.
These matters need not be specifically listed on the agenda, but discussion
and formal action on such matters shall be deferred until a subsequent town
council meeting provided that the requirements of chapter 551 Texas
Government Code have been met.
(c) Request for Agenda Item by Mayor/Presiding Officer. The Mayor or a
Presiding Officer of a council appointed board, commission, corporation, or
other appointed body requesting that an item be placed on the Council
Agenda for discussion and/or action shall present such request to the Town
Manager in writing in the time frame set forth in subsection (d) below.
(d) Deadline for Submission of Council Agenda item(s). An item for Town
Council consideration shall be submitted to the Town Secretary’s office in
writing not later than 5:00 pm on the Monday, (7 days prior) to the 72-hour
publication of the meeting agenda. at which the subject is to be considered.
(e) Public Comment presentation by citizens or representative(s) of organized
groups; citizen presentations. Public Comment presentations by citizens at
the citizens presentation segment of a council meeting, with or without prior
notification, shall be limited to a total of four (4) minutes.
(f) Presentation by citizens or representative(s) of organized groups; Agenda
Items. For items on the Agenda - Presentations by citizens, with or without
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prior notification, shall be limited to a total of six minutes. For items on the
agenda, The speaker will be limited to four (4) minutes of time to complete
his/her comments prior to council discussion and two (2) minutes of time
subsequent to council discussion but before the chair calls for a prior to the
vote. The designated timekeeper Mayor shall maintain the time and advise
the speaker when his/her time has expired. The speaker shall then
complete his sentence and take his/her seat. A person may not give his/her
speaking time to another. Persons wishing to express their position on an
agenda item but who do not wish to speak shall complete a speaker’s card
form and indicate their support or opposition. The name and respective
position of such person(s) shall be read into the record by the Mayor. Topics
of presentations should be limited to matters over which the Council has
authority.
(g) Rules of conduct applicable to citizen’s presentations for agenda items,
citizen’s presentations, and for public hearings.
(1) Each person addressing the council shall step up to the microphone,
shall give his or her name and address in an audible tone of voice
for the record. If representing an organized group, the speaker shall
identify the group represented. All remarks shall be addressed to the
council as a body, and not to any member thereof. No person, other
than town staff, members of the council and the person having the
floor, shall be permitted to enter into any discussion, either directly
or through the members of the council. No questions shall be asked
of the councilmembers, except through the presiding officer.
(2) All citizens shall refrain from private conversations in the chamber
while the Town Council is in session.
(3) Citizens attending the council meetings shall observe the same rules
of priority, decorum, and good conduct applicable to the
administrative staff. Any persons making personal, impertinent, or
slanderous remarks, or who becomes boisterous while addressing
the Town Council or while attending the council meeting, shall be
removed from the room if the Chief of Police (or his representative)
is so directed by the Mayor/Presiding Officer, and such person shall
be barred from further audience before the council during that
Council Session. of the town council.
(4) Unauthorized remarks from the audience, stamping of feet, whistles,
yells and similar demonstrations shall not be permitted by the
Mayor/Presiding Officer, who shall direct the Chief of Police or his
designee to remove such offenders from the room.
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(5) In case the Mayor/Presiding Officer shall fail to act, any member
other of the Town Council may move to require the Mayor chair to
enforce the rules, and the affirmative vote of a majority of all
members present of the Town Council shall require the Mayor/
Presiding Officer to act.
(6) No placards, banners or signs of any kind shall be permitted in the
council chamber unless exhibits, displays and visual aids are used
in connection with presentations to the Town Council, provided that
such exhibits, displays and visuals aids do not disrupt the meeting.
(7) The Mayor may issue Proclamations as needed without Council
Approval should the proclamation request not satisfy the deadline for
placement on the Council Agenda.
(h) Written communications to Council.
(1) General. Interested parties, or their authorized representatives, may
address the council by written communication in regard to any matter
concerning the town’s business or over which the council has control
at any time.
(2) Agenda Items. A written communication relative to a Citizen
Presentation and an item posted for consideration on a town council
agenda may be submitted by direct mail to the council or by delivery
of the communication to the Town Secretary at least four (4) hours
prior to the time for commencement of the Town Council Meeting at
which an the item will be discussed. Upon timely receipt of a
communication, the Town Secretary shall distribute copies to each
of the councilmembers and shall make copies available for public
review at a designated location in the council chambers. The names
of those submitting the communication and the topic addressed will
be entered into the record without the necessity for reading as long
as sufficient copies are available at the meeting for review by
members of the audience/public.
(i) Presentations by Town Manager. Matters requiring the council’s attention
which may have developed since the deadline for delivery of the written
communication to the council may be presented orally by the Town
Manager for informational purposes only in accordance with Chapter 551
Texas Government Code.
(j) Requests for Research or Information. The Mayor and individual
councilmembers may request information or research from the town staff
on a given topic through the Town Manager who will make all members of
council aware of the special request, as it may be of interest to them as well.
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Accordingly, the Town Manager will provide the results of the request to all
members of council. In the event the Town Manager believes he cannot
respond in a timely manner, he and the members of council will coordinate
a reasonable and responsible timeframe in which to expect the results
without unduly interfering with other activities of higher priority.
(k) Notification of Significant Activities or Events. The Mayor and
councilmembers expect the Town Manager to notify them, and provide
periodic updates regarding significant activities or events in the town related
to natural or manmade disasters, major criminal activity, accidents involving
town property, or death involving town staff/employees.
(l) Seating Arrangement. The Town Manager, Town Secretary, and Town
Attorney shall occupy the respective seats in the council chamber assigned
to them by the Mayor/Presiding Officer, but any two (2) or more of the Town
Council may exchange seats.
Sec. 1.03.036 Ordinances, Resolutions and Motions
(a) Printed or typewritten form. All ordinances and resolutions shall be
presented to the Town Council only in written form.
(b) Town Attorney to approve. All ordinances and resolutions shall be approved
as to form and legality by the Town Attorney.
(c) Distribution of Ordinances. The Town Secretary shall include drafts of all
proposed ordinances within the agenda packet or provide for distribution to
all members of the Town Council at the meeting at which the ordinance is
introduced. or at such earlier time as is expedient.
(d) Recording of Votes. The show of hands shall be taken and entered upon
the passage of all ordinances and resolutions and entered into the official
record of the council.
(e) Vote required for Approval. Approval of every ordinance, resolution, or
motion shall require the affirmative vote of four (4) of the members of the
Town Council in attendance.
(f) Mayoral Vote. The Mayor shall have a vote on all matters before the council.
(g) Conflict of interest. Should any person on the Town Council have a conflict
of interest pursuant to any state laws and/or town ordinances regulating
conflicts of interest with regard to an item on the council agenda, such
person shall openly declare their conflict before the prior to any discussion
of the item, proceeds, shall have completed an the conflict of interest
affidavit as required by state law, and have filed it with the Town Secretary,
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and shall be prohibited from participating in the discussion or vote on the
item.
(h) Abstention from Voting. Should any person on the Town Council abstain
from voting on an agenda item where no conflict of interest under state law
and/or town ordinance exists, the person’s vote shall be recorded as a
negative vote in the minutes of the council meeting.
Sec. 1.03.037 Rules of Decorum
(a) Recognition by Mayor/Presiding Officer. No person shall address the Town
Council without first being recognized by the Mayor/Presiding Officer.
(b) Order. While the council is in session, the members must preserve order
and decorum, and a member shall neither, by conversation or otherwise,
delay or interrupt the proceedings or the peace of the Town Council nor
disturb any member while speaking or refuse to obey the orders of the
presiding officer. Members of the Town Council shall not leave their seats
during a meeting without first advising the chairman/Mayor/Presiding
Officer.
(c) Mayor/Presiding Officer may Debate. The Mayor/Presiding Officer may
move only to such limitations of debate as are the rights and privileges of a
Town Council Member by reason of his their acting as the Mayor/Presiding
Officer. If the Presiding Officer is engaged in debate and is abusing the
position as Presiding Officer, at the insistence of any three (3) Council
Members, the Mayor/Presiding Officer member must relinquish the chair in
accordance with provisions of Robert’s Rules of Order Newly Revised.
(d) Getting the floor, improper references to be avoided. Every member
desiring to speak shall address the chair Mayor/Presiding Officer, and upon
recognition by the Mayor/Presiding Officer shall confine himself/herself to
the questions under debate, avoiding all personalities and inappropriate
language.
(e) Interruptions. A member, once recognized, shall not be interrupted when
speaking unless it be to call the member to order, or as herein otherwise
provided. If a member, while speaking, is called to order, the Town Council
Member shall cease speaking until the question of order be determined and,
if in order, the Town Council Member shall be permitted to proceed.
Sec. 1.03.038 Parliamentary Motions and Precedence
(a) Discussion of items. The meeting is governed by the agenda and the
agenda constitutes the only items to be discussed. Each agenda item shall
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be considered open for discussion after that item is read by the
Mayor/Presiding Officer. If a member wishes to challenge an agenda item
on the basis that the item is not a proper topic for council discussion, such
member shall state that he or she “objects to the consideration of the
agenda item" during the reading of the item. This action does not require a
second. When the objection is made, the Mayor/Presiding Officer will finish
reading the item after the objection, then shall immediately call the question:
“will the assembly consider this agenda item?” if 2/3 of the members vote
“no,” the agenda item will not be considered open. A motion for appropriate
action shall be made after discussion of an item has been concluded.
(1) The Mayor/Presiding Officer should invite the appropriate people to
report on the item, including any recommendation they might have.
(2) The Mayor/Presiding Officer should ask the Members if they have
any technical questions for clarification. At this point, the members
may ask clarifying questions to the people who reported on the item,
and they should be given time to respond.
(3) The Mayor/Presiding Officer should invite resident comments
(limited to 4 minutes or a time determined appropriate by the
Mayor/Presiding Officer) – or if a public hearing, open the public
hearing. Upon conclusion of the public hearing, the Mayor/Presiding
Officer should announce the public hearing closed.
(b) Motions. After obtaining the floor a motion can be made before the
assembly on the particular subject of discussion. The Mayor/Presiding
Officer should invite a motion from the Members before debate is given on
the merits of the item. The Mayor/Presiding Officer should announce the
name of the Council Members who makes the motion.
(1) A “second” to the motion must be made by another town Council
Member within a reasonable but brief time period which is
determined and recognized by the Mayor/Presiding Officer. should
determine if any Members wishes to second the motion.
The Mayor/Presiding Officer should announce the name of the
Members who seconds the motion. If no Members wishes to second
the motion, then the motion fails, and should be so stated by
the Mayor/Presiding Officer. Without a “second” the motion dies.
(2) If the motion is made and seconded, the Mayor/Presiding
Officer should make certain that everyone (including the audience)
understands the motion. This is done in three ways: a.
The Mayor/Presiding Officer can ask the maker of the motion to
repeat it; b. The Mayor/Presiding Officer can repeat the motion; or c.
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The Mayor/Presiding Officer can ask the Town Secretary to repeat
the motion.
(3) No main motion can be made when another motion is pending.
The Mayor/Presiding Officer should now invite the Members to
discuss the motion. If there is no desired discussion,
the Mayor/Presiding Officer should invite additional resident
comments (limited to 2 minutes or a time determined appropriate by
the Chair). If there has been no input or discussion or a brief
discussion, then there is no need to repeat the motion before taking
a vote. If the discussion has been lengthy, it is a good idea to repeat
the motion before calling for the vote.
(c) Withdrawal of motions. A motion may be withdrawn, or modified, by its
mover without asking permission until the motion has been stated by the
Mayor/Presiding Officer. If the mover modifies his motion, the person who
seconds the motion may withdraw his second. After the question has been
stated, the mover shall neither withdraw it nor modify it without the consent
of the council.
(d) Stating the question. In principle, the chairman/Mayor/Presiding Officer
must state the question on a motion immediately after it has been made and
seconded, unless the Council Member is obligated to rule that the motion is
out of order or if the wording is not clear.
(e) Amendments to motions. No motion or proposition of a subject different
from that under consideration shall be admitted under color of amendment.
A motion to amend an amendment shall be in order, but one to amend an
amendment to an amendment shall not be in order.
(f) Debate. Debate must be limited to the merits of the immediately pending
question as stated by and by authority of the Mayor/Presiding Officer.
(g) Calling for the question by Mayor/Presiding Officer - ending debate.
(1) The Mayor/Presiding Officer may “call for the question” without a vote
if debate appears to have closed and if there are no objections by
any council member.
(2) A motion for the previous question (call the question) may not
interrupt a speaker who has the floor, must be made and seconded,
is not debatable, cannot be amended, requires an affirmative, two-
thirds vote of members present to pass and in this assembly cannot
be reconsidered. Additionally, in order to protect the democratic
process, any Council Member or member of the public who is on
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record to speak before the motion is made will be permitted to speak
before the vote is taken on the motion for the previous question.
(3) The Mayor/Presiding Officer calls for the vote. Unless a super-
majority is required for passage of the motion, a simple majority vote
determines whether the motion passes or fails.
(4) The Mayor/Presiding Officer announces the results of the vote and
should also state what action (if any) the Members have taken.
Sec. 1.03.039 Creation of Committees, Boards and Commissions
(a) Ad-hoc Committees. The Council may, as the need arises, authorize the
appointment of “ad hoc” committees. Except where otherwise specifically
provided, the Mayor shall appoint the members of the “ad hoc” committees,
subject to the approval of the Town Council. Any committee so created shall
cease to exist upon the accomplishment of the special purpose for which it
was created or when abolished by a majority vote of the Town Council.
(b) Citizen Boards, Commissions, Corporations, and other appointed bodies.
The Town Council may create boards, commissions, corporations and other
council appointed bodies to assist in the conduct of the operation of the
town government with such duties as the council may specify. Memberships
and selection of members shall be as provided in accordance with the
guidelines in the handbook for elected and appointed officials, as amended
from time to time. Any such appointed bodies so created shall cease to exist
upon the accomplishment of the special purpose for which it was created,
or when abolished by a majority vote of the Town Council. No body so
appointed shall have powers other than advisory to the Town Council,
except as otherwise specified by the laws of the state. These rules of
procedure shall apply to council appointed boards, commissions,
corporations, and other appointed bodies in accordance with the Town’s
Handbook for Appointed and Elected Officials and shall only be modified as
provided in the enabling ordinances for each such council appointed body.”
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town affecting rules
of procedure 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.
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SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
its application to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the Town Council hereby declares it would have passed
such remaining portions of the Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in
the Ordinance Records of the Town.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and
publication as required by law.
FIRST READING by the Town Council of the Town of Trophy Club, Texas, was
held August 25, 2020.
SECOND READING PASSED AND APPROVED by the Town Council of the Town
of Trophy Club, Texas, September 22, 2020.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
Leticia Vacek, TRMC/CMC/MMC
Town Secretary/RMO
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
Town Council Meeting Page 122 of 126 September 22, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-286-T Name:
Status:Type:Agenda Item Draft
File created:In control:9/8/2020 Town Council
On agenda:Final action:9/22/2020
Title:Discussion of Future Agenda Items List (S. Norwood).
Attachments:Future Agenda Items-September 22 2020.pdf
Action ByDate Action ResultVer.
Discussion of Future Agenda Items List (S. Norwood).
Town Council Meeting Page 123 of 126 September 22, 2020
Revised by LVacek
September 17, 2020
Future Agenda Items
September 22, 2020
Future Agenda Items will be divided into 3 Categories:
1) Current listing of all future agenda items requested by Council that have not been addressed.
2) Items that have been researched and are scheduled for a report to Council (first 2-4 weeks).
3) Items that Council has requested additional research/staff time on and will be brought back for public
discussion at a Council Meeting. Council will be provided updates on items that require significant time.
The Future Agenda Items list will be placed on the Council Meeting agenda to provide a status on all items. The
current list will be reviewed and as items are completed; said items will be removed. The Council may add items as
needed to the list.
1) Receive an update regarding Entryway Monumentation/Landscaping for the Town of Trophy Club.
As reported at the September 8th Council Meeting; bids came in over budget. The Council rejected the
bids. Will look at possibly re-bidding the item in Late Fall/Early Winter of FY21.
Bids rejected; possible re-bid in FY21; item to be removed.
2) Develop a strategic plan for the Town addressing future goals with budgetary needs for each department.
Said item was re-emphasized at the February Council Retreat and will be budgeted in FY21. Delayed to 2021
3) Amend the Meeting Rules of Procedure to outline a process for Council to request an excused
absence(s) from Council Meetings.
Item introduced amendments on August 25th and Council provided direction related to clarification of
several sections. Revised Ordinance with grammatical revisions, corrected Scribner’s errors, and
clarification of sections and amendments is scheduled for Council on September 22nd.
In Progress
4) Town Staff to draft and implement a citizen’s survey.
Due to budget constraints, item was eliminated from the budget and delayed until FY21.
Delayed to 2021
5) Freese & Nichols Hazardous Mitigation Plan with MUD. After contacting Freese and Nichols and the Council of
Governments (COG), they indicated that it is not a requirement, nor any enforcement is imposed if the update
is not done after 5 years (update due in 2020). The COG recommended that the Town NOT update our plan
but rather contact Denton County and be part of their update which would be significantly less expensive, and
possibly at no cost. In addition, the COG stated that FEMA looks more favorably when an update is part of a
regional approach, not a single city. We are contacting Denton County to join them and will also inform the
MUD of our plans. In Progress
Town Council Meeting Page 124 of 126 September 22, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-291-T Name:
Status:Type:Agenda Item Draft
File created:In control:9/17/2020 Town Council
On agenda:Final action:9/22/2020
Title:Pursuant to the following designated section of the Texas Government Code, Chapter 551 (Open
Meetings), the Council will convene into executive session to discuss the following:
a) Discussion and possible action - Deliberate the Appointment of the Crime Control and
Prevention District Board Members pursuant to Texas Government Code Section 551.074 (personnel
matters) (Mayor Sanders).
b) Discussion and possible action - Deliberate the duties and employment of the Town Attorney
pursuant to Texas Government Code Section 551.074 (personnel matters) (Mayor Sanders).
Attachments:
Action ByDate Action ResultVer.
Pursuant to the following designated section of the Texas Government Code, Chapter 551 (Open Meetings), the Council
will convene into executive session to discuss the following:
a) Discussion and possible action - Deliberate the Appointment of the Crime Control and Prevention District
Board Members pursuant to Texas Government Code Section 551.074 (personnel matters) (Mayor Sanders).
b) Discussion and possible action - Deliberate the duties and employment of the Town Attorney pursuant to
Texas Government Code Section 551.074 (personnel matters) (Mayor Sanders).
Town Council Meeting Page 125 of 126 September 22, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12020-292-T Name:
Status:Type:Agenda Item Draft
File created:In control:9/17/2020 Town Council
On agenda:Final action:9/22/2020
Title:a) Take appropriate action regarding Ordinance 2020-18 Appointment Members to the Crime
Control and Prevention District Board.
b)Consider and take appropriate action regarding the Executive Session.
Attachments:
Action ByDate Action ResultVer.
a) Take appropriate action regarding Ordinance 2020-18 Appointment Members to the Crime Control and
Prevention District Board.
b) Consider and take appropriate action regarding the Executive Session.
Town Council Meeting Page 126 of 126 September 22, 2020