08.24.2021 - Complete Agenda PacketTown of Trophy Club
Meeting Agenda Packet
Town Council
1 Trophy Wood Drive
Trophy Club, Texas
76262
August 24, 2021 7:00 PM Council Chambers
CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Fleury
INVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes
PLEDGES led by Council Member Wilson
Pledge of Allegiance to the American Flag.
Pledge of Allegiance to the Texas Flag.
PUBLIC COMMENT(S)
This is an opportunity for citizens to address the Council on any matter. The Council
is not permitted to discuss or take action on any presentations made to the Council.
Presentations are limited to matters over which the Council has authority. Speakers
have up to four (4) minutes or the time limit determined by the Presiding Officer.
Each speaker must have submitted their request to speak by completing the
Speaker’s Form or you may also email mayorandcouncil@trophyclub.org
ANNOUNCEMENTS AND REPORTS
1.Business Spotlight – Dan’s Bagels
2.Recognition of Trophy Club Triton Swim Team for Winning the 2021 Texas Amateur
Athletic Federation State Championship. (T. Jaramillo)
3.Recognition of Trophy Club Police Officer Kenneth “Trey” Richardson for receiving the
“Enforcement Hero Award” – Denton Police Chief Frank Dixon and Trophy Club Police
Chief Patrick Arata.
4.“Patriot Day Remembrance” Ceremony on September 11, 2021. (W. Carroll)
PROCLAMATION(S)
5.Issuance of Proclamation 202120 recognizing September 6 through September 10,
2021 as “National Payroll Week” in Trophy Club. (Mayor Fleury)
6.Issuance of Proclamation 202121 proclaiming September 2021 as “Live United
Month” in Trophy Club. (Mayor Fleury)
7.Issuance of Proclamation 202122 proclaiming September 11, 2021 as “Patriot Day” in
Trophy Club. (Mayor Fleury)
CONSENT AGENDA
8.Take appropriate action to approve the Regular Meeting Minutes of August 10, 2021.
(L. Vacek)
9.Take appropriate action to approve Resolution 202107 for a Negotiated Settlement
between the ATMOS Cities Steering Committee and ATMOS Energy Corp., MidTex
Division regarding the Company’s 2021 Rate Review Mechanism Filing; Declaring
existing rates to be unreasonable, and Adopting Tariffs that reflect rate adjustments
consistent with the negotiated settlement. (M. Erwin)
10.Take appropriate action regarding an Amendment to the Interlocal Agreement
between the Town and Northwest Independent School District for School Resource
Officer Services for Fiscal Year 20212022; authorizing the Mayor or her designee to
execute all necessary documents. (P. Arata)
11.Take appropriate action approving Ordinance 202116 amending the Town of Trophy
Club Sign Ordinance providing for election signs to be placed 90 days before an
election and removed 10 days after an election as recommended by the Planning
and Zoning Commission. (M. Cox)
12.Take appropriate action to approve an Interlocal Agreement (ILA) with the Town of
Trophy Club and the Municipal Utility District No. 1 for Fire Protection Services. (W.
Carroll)
PUBLIC HEARING(S)
13.Conduct a Public Hearing on the Town of Trophy Club’s Fiscal Year 20212022
Annual Budget. (W. Carroll)
INDIVIDUAL ITEMS
14.Take appropriate action to approve Ordinance 202113 adopting the Town of Trophy
Club Fiscal Year 20212022 Budget. (W. Carroll)
15.Take appropriate action to approve Ordinance 202114 authorizing the issuance of
the Town of Trophy Club, Texas, Combination Tax and Revenue Certificates of
Obligation, Series 2021; levying a tax, and providing for the security for and payment
of said certificates; awarding the sale of the certificates; authorizing the execution
and delivery of a paying agent agreement; approving the official statement; enacting
other provisions related to the subject. (M. Erwin)
16.Take appropriate action approving Ordinance 202115 accepting the Public
Improvement District (PID) Service and Assessment Plan for Infrastructure. (M.
Erwin)
17.Take appropriate action approving the Annual Licensing and Support from Tyler
Technologies (Incode). (M. Erwin)
18.Future Agenda Items List. (W. Carroll)
19.Take appropriate action to accept the Resignations from Greg Wilson, Council
Member, Place 2 and Michael Geraci, Council Member, Place 5. (Mayor Fleury)
20.Take appropriate action approving Order/Ordinance 202117 Calling a
Special Election of the Town of Trophy Club to be held on Tuesday, November 2,
2021, for the purpose of electing Two (2) Council Members. One Council Member
for Place No. 2 for an Unexpired Term of Office to expire May 2023 and one Council
Member for Place No. 5 for an Unexpired Term of Office to expire May 2022. (L.
Vacek)
a) Approving Election Contracts with Denton County and Tarrant County for the
November 2, 2021 Special Election.
EXECUTIVE SESSION
21.Executive Session pursuant to the following section(s) of the Texas Government
Code, Annotated Chapter 551 (Texas Open Meetings Act).
Section 551.071 Consultation with Attorney – Discussion on an Interlocal Agreement
between the Town of Trophy Club and Municipal Utility District No. 1.
Section 551.074 Personnel Matters
a) Municipal Court Judge and Court Clerk Positions.
b) Zoning Board of Adjustment Appointments.
RECONVENE INTO REGULAR SESSION
22.Take appropriate action on the Executive Session Item(s).
ADJOURN
One or more members of the Town Council may participate remotely using video
conferencing pursuant to Chapter 551 of the Texas Government Code.
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 August 20, 2021 by 5:00 pm in accordance with
Chapter 551, Texas Government Code.
________________________________________
Leticia Vacek, TRMC/CMC/MMC
Town Governance Officer/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 6822372900, 48 hours in advance, and
reasonable accommodations will be made to assist you.
1
Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262August 24, 2021 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM Mayor FleuryINVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes PLEDGES led by Council Member WilsonPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis not permitted to discuss or take action on any presentations made to the Council.Presentations are limited to matters over which the Council has authority. Speakershave up to four (4) minutes or the time limit determined by the Presiding Officer.Each speaker must have submitted their request to speak by completing theSpeaker’s Form or you may also email mayorandcouncil@trophyclub.orgANNOUNCEMENTS AND REPORTS1.Business Spotlight – Dan’s Bagels2.Recognition of Trophy Club Triton Swim Team for Winning the 2021 Texas AmateurAthletic Federation State Championship. (T. Jaramillo)3.Recognition of Trophy Club Police Officer Kenneth “Trey” Richardson for receiving the
“Enforcement Hero Award” – Denton Police Chief Frank Dixon and Trophy Club Police
Chief Patrick Arata.
4.“Patriot Day Remembrance” Ceremony on September 11, 2021. (W. Carroll)
PROCLAMATION(S)
5.Issuance of Proclamation 202120 recognizing September 6 through September 10,
2021 as “National Payroll Week” in Trophy Club. (Mayor Fleury)
6.Issuance of Proclamation 202121 proclaiming September 2021 as “Live United
Month” in Trophy Club. (Mayor Fleury)
7.Issuance of Proclamation 202122 proclaiming September 11, 2021 as “Patriot Day” in
Trophy Club. (Mayor Fleury)
CONSENT AGENDA
8.Take appropriate action to approve the Regular Meeting Minutes of August 10, 2021.
(L. Vacek)
9.Take appropriate action to approve Resolution 202107 for a Negotiated Settlement
between the ATMOS Cities Steering Committee and ATMOS Energy Corp., MidTex
Division regarding the Company’s 2021 Rate Review Mechanism Filing; Declaring
existing rates to be unreasonable, and Adopting Tariffs that reflect rate adjustments
consistent with the negotiated settlement. (M. Erwin)
10.Take appropriate action regarding an Amendment to the Interlocal Agreement
between the Town and Northwest Independent School District for School Resource
Officer Services for Fiscal Year 20212022; authorizing the Mayor or her designee to
execute all necessary documents. (P. Arata)
11.Take appropriate action approving Ordinance 202116 amending the Town of Trophy
Club Sign Ordinance providing for election signs to be placed 90 days before an
election and removed 10 days after an election as recommended by the Planning
and Zoning Commission. (M. Cox)
12.Take appropriate action to approve an Interlocal Agreement (ILA) with the Town of
Trophy Club and the Municipal Utility District No. 1 for Fire Protection Services. (W.
Carroll)
PUBLIC HEARING(S)
13.Conduct a Public Hearing on the Town of Trophy Club’s Fiscal Year 20212022
Annual Budget. (W. Carroll)
INDIVIDUAL ITEMS
14.Take appropriate action to approve Ordinance 202113 adopting the Town of Trophy
Club Fiscal Year 20212022 Budget. (W. Carroll)
15.Take appropriate action to approve Ordinance 202114 authorizing the issuance of
the Town of Trophy Club, Texas, Combination Tax and Revenue Certificates of
Obligation, Series 2021; levying a tax, and providing for the security for and payment
of said certificates; awarding the sale of the certificates; authorizing the execution
and delivery of a paying agent agreement; approving the official statement; enacting
other provisions related to the subject. (M. Erwin)
16.Take appropriate action approving Ordinance 202115 accepting the Public
Improvement District (PID) Service and Assessment Plan for Infrastructure. (M.
Erwin)
17.Take appropriate action approving the Annual Licensing and Support from Tyler
Technologies (Incode). (M. Erwin)
18.Future Agenda Items List. (W. Carroll)
19.Take appropriate action to accept the Resignations from Greg Wilson, Council
Member, Place 2 and Michael Geraci, Council Member, Place 5. (Mayor Fleury)
20.Take appropriate action approving Order/Ordinance 202117 Calling a
Special Election of the Town of Trophy Club to be held on Tuesday, November 2,
2021, for the purpose of electing Two (2) Council Members. One Council Member
for Place No. 2 for an Unexpired Term of Office to expire May 2023 and one Council
Member for Place No. 5 for an Unexpired Term of Office to expire May 2022. (L.
Vacek)
a) Approving Election Contracts with Denton County and Tarrant County for the
November 2, 2021 Special Election.
EXECUTIVE SESSION
21.Executive Session pursuant to the following section(s) of the Texas Government
Code, Annotated Chapter 551 (Texas Open Meetings Act).
Section 551.071 Consultation with Attorney – Discussion on an Interlocal Agreement
between the Town of Trophy Club and Municipal Utility District No. 1.
Section 551.074 Personnel Matters
a) Municipal Court Judge and Court Clerk Positions.
b) Zoning Board of Adjustment Appointments.
RECONVENE INTO REGULAR SESSION
22.Take appropriate action on the Executive Session Item(s).
ADJOURN
One or more members of the Town Council may participate remotely using video
conferencing pursuant to Chapter 551 of the Texas Government Code.
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 August 20, 2021 by 5:00 pm in accordance with
Chapter 551, Texas Government Code.
________________________________________
Leticia Vacek, TRMC/CMC/MMC
Town Governance Officer/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 6822372900, 48 hours in advance, and
reasonable accommodations will be made to assist you.
2
Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262August 24, 2021 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM Mayor FleuryINVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes PLEDGES led by Council Member WilsonPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis not permitted to discuss or take action on any presentations made to the Council.Presentations are limited to matters over which the Council has authority. Speakershave up to four (4) minutes or the time limit determined by the Presiding Officer.Each speaker must have submitted their request to speak by completing theSpeaker’s Form or you may also email mayorandcouncil@trophyclub.orgANNOUNCEMENTS AND REPORTS1.Business Spotlight – Dan’s Bagels2.Recognition of Trophy Club Triton Swim Team for Winning the 2021 Texas AmateurAthletic Federation State Championship. (T. Jaramillo)3.Recognition of Trophy Club Police Officer Kenneth “Trey” Richardson for receiving the“Enforcement Hero Award” – Denton Police Chief Frank Dixon and Trophy Club PoliceChief Patrick Arata.4.“Patriot Day Remembrance” Ceremony on September 11, 2021. (W. Carroll)PROCLAMATION(S)5.Issuance of Proclamation 202120 recognizing September 6 through September 10,2021 as “National Payroll Week” in Trophy Club. (Mayor Fleury)6.Issuance of Proclamation 202121 proclaiming September 2021 as “Live UnitedMonth” in Trophy Club. (Mayor Fleury)7.Issuance of Proclamation 202122 proclaiming September 11, 2021 as “Patriot Day” inTrophy Club. (Mayor Fleury) CONSENT AGENDA8.Take appropriate action to approve the Regular Meeting Minutes of August 10, 2021.(L. Vacek)9.Take appropriate action to approve Resolution 202107 for a Negotiated Settlementbetween the ATMOS Cities Steering Committee and ATMOS Energy Corp., MidTexDivision regarding the Company’s 2021 Rate Review Mechanism Filing; Declaringexisting rates to be unreasonable, and Adopting Tariffs that reflect rate adjustmentsconsistent with the negotiated settlement. (M. Erwin) 10.Take appropriate action regarding an Amendment to the Interlocal Agreementbetween the Town and Northwest Independent School District for School ResourceOfficer Services for Fiscal Year 20212022; authorizing the Mayor or her designee toexecute all necessary documents. (P. Arata)11.Take appropriate action approving Ordinance 202116 amending the Town of TrophyClub Sign Ordinance providing for election signs to be placed 90 days before anelection and removed 10 days after an election as recommended by the Planningand Zoning Commission. (M. Cox)12.Take appropriate action to approve an Interlocal Agreement (ILA) with the Town ofTrophy Club and the Municipal Utility District No. 1 for Fire Protection Services. (W.Carroll)PUBLIC HEARING(S)13.Conduct a Public Hearing on the Town of Trophy Club’s Fiscal Year 20212022Annual Budget. (W. Carroll)
INDIVIDUAL ITEMS
14.Take appropriate action to approve Ordinance 202113 adopting the Town of Trophy
Club Fiscal Year 20212022 Budget. (W. Carroll)
15.Take appropriate action to approve Ordinance 202114 authorizing the issuance of
the Town of Trophy Club, Texas, Combination Tax and Revenue Certificates of
Obligation, Series 2021; levying a tax, and providing for the security for and payment
of said certificates; awarding the sale of the certificates; authorizing the execution
and delivery of a paying agent agreement; approving the official statement; enacting
other provisions related to the subject. (M. Erwin)
16.Take appropriate action approving Ordinance 202115 accepting the Public
Improvement District (PID) Service and Assessment Plan for Infrastructure. (M.
Erwin)
17.Take appropriate action approving the Annual Licensing and Support from Tyler
Technologies (Incode). (M. Erwin)
18.Future Agenda Items List. (W. Carroll)
19.Take appropriate action to accept the Resignations from Greg Wilson, Council
Member, Place 2 and Michael Geraci, Council Member, Place 5. (Mayor Fleury)
20.Take appropriate action approving Order/Ordinance 202117 Calling a
Special Election of the Town of Trophy Club to be held on Tuesday, November 2,
2021, for the purpose of electing Two (2) Council Members. One Council Member
for Place No. 2 for an Unexpired Term of Office to expire May 2023 and one Council
Member for Place No. 5 for an Unexpired Term of Office to expire May 2022. (L.
Vacek)
a) Approving Election Contracts with Denton County and Tarrant County for the
November 2, 2021 Special Election.
EXECUTIVE SESSION
21.Executive Session pursuant to the following section(s) of the Texas Government
Code, Annotated Chapter 551 (Texas Open Meetings Act).
Section 551.071 Consultation with Attorney – Discussion on an Interlocal Agreement
between the Town of Trophy Club and Municipal Utility District No. 1.
Section 551.074 Personnel Matters
a) Municipal Court Judge and Court Clerk Positions.
b) Zoning Board of Adjustment Appointments.
RECONVENE INTO REGULAR SESSION
22.Take appropriate action on the Executive Session Item(s).
ADJOURN
One or more members of the Town Council may participate remotely using video
conferencing pursuant to Chapter 551 of the Texas Government Code.
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 August 20, 2021 by 5:00 pm in accordance with
Chapter 551, Texas Government Code.
________________________________________
Leticia Vacek, TRMC/CMC/MMC
Town Governance Officer/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 6822372900, 48 hours in advance, and
reasonable accommodations will be made to assist you.
3
Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262August 24, 2021 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM Mayor FleuryINVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes PLEDGES led by Council Member WilsonPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis not permitted to discuss or take action on any presentations made to the Council.Presentations are limited to matters over which the Council has authority. Speakershave up to four (4) minutes or the time limit determined by the Presiding Officer.Each speaker must have submitted their request to speak by completing theSpeaker’s Form or you may also email mayorandcouncil@trophyclub.orgANNOUNCEMENTS AND REPORTS1.Business Spotlight – Dan’s Bagels2.Recognition of Trophy Club Triton Swim Team for Winning the 2021 Texas AmateurAthletic Federation State Championship. (T. Jaramillo)3.Recognition of Trophy Club Police Officer Kenneth “Trey” Richardson for receiving the“Enforcement Hero Award” – Denton Police Chief Frank Dixon and Trophy Club PoliceChief Patrick Arata.4.“Patriot Day Remembrance” Ceremony on September 11, 2021. (W. Carroll)PROCLAMATION(S)5.Issuance of Proclamation 202120 recognizing September 6 through September 10,2021 as “National Payroll Week” in Trophy Club. (Mayor Fleury)6.Issuance of Proclamation 202121 proclaiming September 2021 as “Live UnitedMonth” in Trophy Club. (Mayor Fleury)7.Issuance of Proclamation 202122 proclaiming September 11, 2021 as “Patriot Day” inTrophy Club. (Mayor Fleury) CONSENT AGENDA8.Take appropriate action to approve the Regular Meeting Minutes of August 10, 2021.(L. Vacek)9.Take appropriate action to approve Resolution 202107 for a Negotiated Settlementbetween the ATMOS Cities Steering Committee and ATMOS Energy Corp., MidTexDivision regarding the Company’s 2021 Rate Review Mechanism Filing; Declaringexisting rates to be unreasonable, and Adopting Tariffs that reflect rate adjustmentsconsistent with the negotiated settlement. (M. Erwin) 10.Take appropriate action regarding an Amendment to the Interlocal Agreementbetween the Town and Northwest Independent School District for School ResourceOfficer Services for Fiscal Year 20212022; authorizing the Mayor or her designee toexecute all necessary documents. (P. Arata)11.Take appropriate action approving Ordinance 202116 amending the Town of TrophyClub Sign Ordinance providing for election signs to be placed 90 days before anelection and removed 10 days after an election as recommended by the Planningand Zoning Commission. (M. Cox)12.Take appropriate action to approve an Interlocal Agreement (ILA) with the Town ofTrophy Club and the Municipal Utility District No. 1 for Fire Protection Services. (W.Carroll)PUBLIC HEARING(S)13.Conduct a Public Hearing on the Town of Trophy Club’s Fiscal Year 20212022Annual Budget. (W. Carroll) INDIVIDUAL ITEMS14.Take appropriate action to approve Ordinance 202113 adopting the Town of TrophyClub Fiscal Year 20212022 Budget. (W. Carroll)15.Take appropriate action to approve Ordinance 202114 authorizing the issuance ofthe Town of Trophy Club, Texas, Combination Tax and Revenue Certificates ofObligation, Series 2021; levying a tax, and providing for the security for and paymentof said certificates; awarding the sale of the certificates; authorizing the executionand delivery of a paying agent agreement; approving the official statement; enactingother provisions related to the subject. (M. Erwin)16.Take appropriate action approving Ordinance 202115 accepting the PublicImprovement District (PID) Service and Assessment Plan for Infrastructure. (M.Erwin)17.Take appropriate action approving the Annual Licensing and Support from TylerTechnologies (Incode). (M. Erwin)18.Future Agenda Items List. (W. Carroll)19.Take appropriate action to accept the Resignations from Greg Wilson, CouncilMember, Place 2 and Michael Geraci, Council Member, Place 5. (Mayor Fleury)20.Take appropriate action approving Order/Ordinance 202117 Calling aSpecial Election of the Town of Trophy Club to be held on Tuesday, November 2,2021, for the purpose of electing Two (2) Council Members. One Council Memberfor Place No. 2 for an Unexpired Term of Office to expire May 2023 and one CouncilMember for Place No. 5 for an Unexpired Term of Office to expire May 2022. (L.Vacek)a) Approving Election Contracts with Denton County and Tarrant County for theNovember 2, 2021 Special Election. EXECUTIVE SESSION21.Executive Session pursuant to the following section(s) of the Texas GovernmentCode, Annotated Chapter 551 (Texas Open Meetings Act).Section 551.071 Consultation with Attorney – Discussion on an Interlocal Agreementbetween the Town of Trophy Club and Municipal Utility District No. 1. Section 551.074 Personnel Mattersa) Municipal Court Judge and Court Clerk Positions. b) Zoning Board of Adjustment Appointments.RECONVENE INTO REGULAR SESSION
22.Take appropriate action on the Executive Session Item(s).
ADJOURN
One or more members of the Town Council may participate remotely using video
conferencing pursuant to Chapter 551 of the Texas Government Code.
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 August 20, 2021 by 5:00 pm in accordance with
Chapter 551, Texas Government Code.
________________________________________
Leticia Vacek, TRMC/CMC/MMC
Town Governance Officer/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 6822372900, 48 hours in advance, and
reasonable accommodations will be made to assist you.
4
Proclamation 2021-20
Town of Trophy Club, Texas
A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL
SUPPORTING SEPTEMBER 6 THROUGH SEPTEMBER 12, 2021 AS
NATIONAL PAYROLL WEEK IN TROPHY CLUB.
WHEREAS, the American Payroll Association and its more than 20,000 members
launched a nationwide public awareness campaign that pays tribute to the nearly 150
million people who work in the United States and the payroll professionals who support the
paying of wages, reporting worker earnings and withholding federal employment taxes;
and
WHEREAS; payroll professionals in Trophy Club play a key role in carrying out such
diverse tasks as paying into the unemployment insurance system, providing information for
child support enforcement, and carrying out tax withholding reporting and depositing; and
WHEREAS, payroll departments collectively spend more than $2.4 trillion annually
complying with a myriad of federal and state wage and tax laws; and
WHEREAS, payroll professionals meet regularly with federal and state tax officials
to discuss both improving compliance with government procedures and how compliance
can be achieved at less cost to both government and businesses; and
WHEREAS, the week in which Labor Day falls has been proclaimed National Payroll
Week, I hereby give additional support to the efforts of the people who work in Trophy Club,
Texas and of the payroll profession by proclaiming the first full week of September Payroll
Week for Trophy Club, Texas.
NOW, THEREFORE, I, MAYOR ALICIA L. FLEURY, PROCLAIM SEPTEMBER
6, 2021 THROUGH SEPTEMBER 12, 2021 IN TROPHY CLUB, TEXAS AS:
“NATIONAL PAYROLL WEEK“
PASSED AND APPROVED by the Trophy Club Town Council, this 24th day of
August 2021.
Leticia Vacek, TRMC/CMC/MMC Alicia L. Fleury, Mayor
Town Governance Officer/
Town Secretary/RMO
5
Proclamation 2021-21
Town of Trophy Club, Texas
A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL
SUPPORTING SEPTEMBER 2021 AS LIVE UNITED MONTH IN TROPHY
CLUB.
WHEREAS, United Way of Denton County is unparalleled in the power to convene
partners, providers, and resources to address the needs of the area in crisis; and
WHEREAS, United Way of Denton County has been identifying Denton County’s
needs and responding to them for over 66 years; and
WHEREAS, United Way of Denton County works with a network of nonprofits
across Denton County to address needs, including feeding those who face food
insecurity; preparing children for success in school, work, and life; and connecting families
facing crisis with resources to pay bills and stay in their homes; and
WHEREAS, United Way of Denton County is committed this year more than ever
before to bring people together to help our communities recover and thrive.
NOW, THEREFORE, I, MAYOR ALICIA L. FLEURY, ASK YOU TO JOIN THE
UNITED WAY OF DENTON COUNTY BOARD OF DIRECTORS, DONORS,
VOLUNTEERS AND PARTNERS IN CALLING ON ALL RESIDENTS OF THE TOWN
OF TROPHY CLUB, TEXAS, TO LIVE UNITED AND HEREBY PROCLAIM
SEPTEMBER 2021 AS:
“LIVE UNITED MONTH IN TROPHY CLUB”
PASSED AND APPROVED by the Trophy Club Town Council, this 24th day of
August 2021.
Leticia Vacek, TRMC/CMC/MMC Alicia L. Fleury, Mayor
Town Governance Officer/
Town Secretary/RMO
6
August 10, 2021
Page 1 of 4
TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
Tuesday, August 10, 2021; 7 PM
The Trophy Club Town Council met in a Regular Meeting on Tuesday, August 10, 2021. The meeting was held at Town
Hall, 1 Trophy Wood Drive in the Council Chambers.
TOWN COUNCIL MEMBERS PRESENT:
Alicia L. Fleury Mayor
Greg Lamont Mayor Pro Tem, Place 1
Greg Wilson Council Member, Place 2
Dennis Sheridan Council Member, Place 3
Karl Monger Council Member, Place 4
Michael Geraci Council Member, Place 5 (participated via Video Conference)
Philip Shoffner Council Member, Place 6
STAFF PRESENT:
Wade Carroll Town Manager
Leticia Vacek Town Governance Officer/Town Secretary/RMO
David Dodd Town Attorney
Patrick Arata Police Chief
Jack Taylor Fire Chief
Tony Jaramillo Director of Parks and Recreation
Matt Cox Director of Community Development
Mike Erwin Finance Manager
Jill Lind Communications & Marketing Manager
OTHERS PRESENT:
Monica DeCicco Mayor for a Day
CALL TO ORDER AND ANNOUNCE A QUORUM
Mayor Fleur introduced Monica DeCicco, who would serve as Mayor for a Day. Mayor for a Day DeCicco called the
meeting to order at 7 PM and noted a quorum present. Mayor Fleury added that
INVOCATION
Reverend Bill Eason, from Fellowship United Methodist Church, delivered the Invocation. He reminded all that we are
called to live righteous with justice, peace, holiness, compassion and mercy. He prayed as this time is spent together,
we are given gifts of discernment, wisdom, and vision. He asked for those who lead be given clarity of thought as
decisions are made. Lastly, to hear the cry of the poor, eyes to see the needs of the sick, hearts to beat in rhythm with
God, and for this community to stand as a Beacon of Hope, Peace, and Justice.
PLEDGES
Mayor for a Day DeCicco led the pledges to the American Flag and Texas Flag.
PUBLIC COMMENT(S)
Mayor Fleury called upon Ms. LuAnne Wing of 1115 Wilshire Drive, Trophy Club to speak. Ms. Wing spoke in regards
to political signage being removed after an election and presented information regarding political propaganda, as well
as submitting a list of definitions and a book list in regards to the topic “The Big Lie”. She also reviewed the latest Covid
statistics.
7
August 10, 2021
Page 2 of 4
ANNOUNCEMENTS AND REPORTS
1. Business Spotlight – The Trophy Table
Mayor Fleury welcomed Mr. Kevin von Ehrenfried, owner of The Trophy Table to Trophy Club, and thanked him for
being proactive in listening to community feedback. Mayor Fleury also recognized Town Hall Staff for their efforts
relating to the restaurant opening. Mr. von Ehrenfried offered his sincere thanks to everyone for their support and
stated all feedback and suggestions are welcomed. He provided the hours of operation: Monday – Sunday, 11 AM –
12 midnight, with Happy Hour being served Monday – Friday from 4pm-7pm and specials provided Saturday and
Sunday. Mayor Fleury also mentioned LIVE Music from Thursday thru Sunday.
PROCLAMATIONS
2. Issuance of Proclamation 2021-18 proclaiming August 10, 2021 as “Monica DeCicco, Mayor for a Day” in Trophy
Club, Texas. (Mayor Fleury)
Mayor Fleury read and moved to approve Proclamation 2021-18. Council Member Monger seconded the motion. The motion
carried as follows:
AYE: Wilson, Sheridan, Monger, Geraci, Shoffner, Mayor Pro Tem Lamont, Mayor Fleury
NAY: None
ABSENT: None
3. Issuance of Proclamation 2021-19 proclaiming August 12, 2021 as “International Youth Day” in Trophy Club, Texas.
(Mayor Fleury)
Mayor for a Day DiCicco read and moved to approve Proclamation 2021-19. Mayor Fleury seconded the motion. The
motion carried as follows:
AYE: Wilson, Sheridan, Monger, Geraci, Shoffner, Mayor Pro Tem Lamont, Mayor Fleury
NAY: None
ABSENT: None
CONSENT AGENDA
4. Take appropriate action approving the Special Joint Meeting and Regular Meeting Minutes of July 27, 2021. (L.
Vacek)
5. Resolution 2021-06 amending Resolution 2020-01 by updating the designation of Wade Carroll as Town
Manager as the grantee’s authorized official to apply for, accept, reject, alter, terminate, and execute all
necessary documents of the grant application for the Drug Interdiction and Juvenile Resource Officer Program
for the 2020-2021 Fiscal Year. (P. Arata)
6. Take appropriate action approving the change of date for the Trophy Club Town Council Regular Meetings to the
2nd and 4th Monday of each month (excluding November 22 and December 27) effective August 23, 2021 through
December 13, 2021 (K. Monger & P. Shoffner)
Mayor Pro Tem Lamont moved to remove Item 6 from Consent and to approve Consent Agenda Items 4 and 5. Council
Member Monger seconded the motion. The motion carried as follows:
AYE: Wilson, Sheridan, Monger, Geraci, Shoffner, Mayor Pro Tem Lamont, Mayor Fleury
NAY: None
ABSENT: None
8
August 10, 2021
Page 3 of 4
Mayor Pro Tem Lamont moved to approve Item 6 by changing the Trophy Club Town Council Regular Meetings to the
2nd and 4th Monday of each month, excluding November 22 and December 27, 2021, effective August 25, 2021 through
December 13, 2021. Council Member Monger seconded the motion. The motion carried as follows:
AYE: Wilson, Sheridan, Monger, Geraci, Shoffner, Mayor Pro Tem Lamont, Mayor Fleury
NAY: None
ABSENT: None
INDIVIDUAL ITEMS
7. Presentation of the FY 2022 Proposed Budget; and take appropriate action scheduling the Budget Public
Hearing on August 24, 2021. (W. Carroll)
Town Manager Carroll thanked the Budget Sub-Committee for their feedback and suggestions, as well as the citizen
feedback received through the 2021 Citizen Survey. He highlighted two items that were the focus of the proposed
budget from the citizen survey; maintaining the service levels and keeping the tax rate the same.
Finance Manager Erwin presented the Trophy Club FY 2022 Proposed Budget. He commented that the citizen survey
was a good tool when preparing the proposed budget. Mr. Erwin highlighted maintaining the current tax rate, additional
police funding, compensation study, General Fund Expenditures, Capital Expenditure, and eliminating five staff positions.
Mr. Erwin recommended utilizing HOT Funds for the 4th of July Event. Mayor Fleury noted that Town Manager Carroll
contacted the hotels to verify that there was in fact an uptick with reservations for the July 4th Holiday and thanked Mr.
Carroll in doing so.
Council Member Shoffner asked if the Asset Forfeiture Fund was still available from the amount set aside in 2015 noting
the fund could be used to purchase the Police Radio Expenditure. Chief Arata confirmed that the Police Department has
used around $6,000 - $8,000 per year of the amount but added it resides within the General Fund. A brief discussion
was held on the Parks & Recreation Capital Equipment Replacement Fund.
Mayor Pro Tem Lamont moved to schedule the Budget Public Hearing for August 24, 2021 at 7PM. Council Member
Shoffner seconded the motion. The motion carried as follows:
AYE: Wilson, Sheridan, Monger, Geraci, Shoffner, Mayor Pro Tem Lamont, Mayor Fleury
NAY: None
ABSENT: None
8. Take appropriate action setting the Not to Exceed FY 2022 Proposed Tax Rate of $0.446442/$100 and
scheduling the Tax Rate Public Hearing for September 13, 2021. (M. Erwin)
9. Future Agenda Items List. (W. Carroll)
Mr. Carroll presented the Future Agenda Items List and asked the Town Attorney to address the Sign Ordinance Item.
Town Attorney Dodd presented a newspaper article that pertained to the City of Grapevine addressing specific
language regarding the Presidential Election and the current President and noted that the Town is not able to make
any changes at this time. Mr. Dodd reported that the Constitutional Law and Freedom of Speech is the most protected
speech in the United States and does apply to anything political in nature, not just during an election. Council Member
Sheridan asked how an HOA would address this issue. Mr. Dodd stated that HOA Law is different as it is not a
government entity. Mayor Fleury asked if the definition is such that certain political signs do not meet those definitions.
Mr. Dodd stated that the general rule states that citizens may say anything they want, unless it becomes dangerous.
Mayor Fleury reminded Ms. Wing when an item is placed on the agenda, she is welcome to speak but at this time, the
Future Agenda Items List is being addressed and thanked her for understanding. Mr. Carroll stated this was the
opportunity for Mr. Dodd to provide a legal explanation of Item #4 on the list. Mr. Carroll added that Council Member
Sheridan’s suggestion at the 7/27/21 Council Meeting did not receive a second to require this item to be placed on the
list. An opportunity for a second to add the Sign Ordinance item to the Future Agenda Items List was provided. There
being none; said item will be removed from the list. Mayor Fleury reminded Ms. Wing an opportunity to speak on this
subject would be provided at a future Council Meeting and asked that she refrain from commenting. Mr. Dodd added
that the Town could not regulate any content of signage. No other future agenda items were received from Council at 9
August 10, 2021
Page 4 of 4
this time.
10. Executive Session pursuant to the following sections of the Texas Government Code, Annotated, Chapter
551 (Texas Open Meetings Act).
Mayor Fleury recessed the meeting into Executive Session at 7:54 PM pursuant to the following section of the Texas
Government Code, Annotated, Chapter 551 (Texas Open Meetings Act):
Section 551.087 Consultation with Attorney – Discussion and possible action on an Interlocal
agreement between the Town of Trophy Club and the Municipal Utility District. No. 1
Reconvened into Open Session
Mayor Fleury reconvened the meeting into Regular Session at 8:35 PM.
11. Take appropriate action regarding Executive Session.
Mayor Fleury announced no action.
ADJOURNMENT
Mayor Fleury adjourned the meeting at 8:35 PM.
_
Alicia L. Fleury, Mayor
Attest:
_
Leticia Vacek, TRMC/CMC/MMC
Town Governance Officer/Town Secretary/RMO
10
To: Mayor and Town Council
From: Mike Erwin, Finance Manager
CC: Wade Carroll, Town Manager
Leticia Vacek, Town Secretary
Re: Atmos Rate Settlement
Town Council Meeting, Tuesday, August 24, 2021
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 April 1, 2021, 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, 2020, entitled it to additional system-wide revenues of $43.4 million.
Application of the standards set forth in ACSC’s RRM Tariff reduces the Company’s
request to $40.5 million, $29.3 million of which would be applicable to ACSC members. ACSC’s
consultants concluded that the system-wide deficiency under the RRM regime should be $22.34
million instead of the claimed $40.5 million. The amount of the $22.34 million deficiency
applicable to ACSC members would be $16.8 million.11
Page 2 of 4
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 $22.78
million from ACSC Cities, but with a two-month delay in the Effective Date until December 1,
2021. This should save ACSC cities approximately $3.8 million.
The Executive Committee recommends a settlement at $22.78 million. The Effective Date for
new rates is December 1, 2021. ACSC members should take action approving the Resolution
before October 1, 2021.
PROOF OF REVENUES
Atmos generated proof that the rate tariffs attached to the Resolution will generate $22.78 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 $1.28 on a monthly basis,
or 2.2 percent. The increase for average commercial usage will be $4.03 or 1.61 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
become effective on December 1, 2020, ACSC residents will maintain a slight economic monthly
advantage over GRIP and DARR rates. See Attachment 3.
12
Page 3 of 4
EXPLANATION OF “BE IT RESOLVED” PARAGRAPHS:
1. 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 $22.78 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, 2021 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.
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
$43.4 million in additional system-wide revenues, the RRM settlement at $22.78 million for ACSC
Cities reflects substantial savings to ACSC Cities. Settlement at $22.78 million (plus $3.8 of
additional savings due to the 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 October 1, 2021. New rates become effective December 1, 2021.
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 Benefits13
Page 4 of 4
Exhibit C- Mid-Tex 2020 Schedule for Amortization for Regulatory Liability
Recommendation:
Staff recommends approval of Resolution No.2021 - 07 as presented.
14
RESOLUTION NO. 2021 - 07
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 2021 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
15
RESOLUTION NO. 2021-07
2557/33/8275501 2
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
WHEREAS, on about April 1, 2021, Atmos Mid-Tex filed its 2021 RRM rate request with
ACSC Cities based on a test year ending December 31, 2020; and
WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2021 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 $22.78
million applicable to ACSC Cities with an Effective Date of December 1, 2021; 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 $3.8 million off new rates imposed by the attached tariffs
(Exhibit A); 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
16
RESOLUTION NO. 2021-07
2557/33/8275501 3
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 $22.78 million for
ACSC Cities represents a comprehensive settlement of gas utility rate issues affecting the rates,
operations, and services offered by Atmos Mid-Tex within the municipal limits arising from
Atmos Mid-Tex’s 2021 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 $22.78
million from customers in ACSC Cities, over the amount allowed under currently approved rates.
Such tariffs are hereby adopted.
17
RESOLUTION NO. 2021-07
2557/33/8275501 4
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 2021 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, 2021.
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 Thomas Brocato,
18
RESOLUTION NO. 2021-07
2557/33/8275501 5
General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue,
Suite 1900, Austin, Texas 78701.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
____________________, TEXAS, BY A VOTE OF ____ TO ____, ON THIS THE
DAY OF , 2021.
Mayor
ATTEST:
Town Secretary
APPROVED AS TO FORM:
______________________________
Town Attorney
19
Attachment 1 to
Model Staff Report
2021 RRM
Proof of Revenues
20
Line No. Customer Class Current Proposed Bills Ccf/MmBtuCurrent RevenuesProposed RevenuesIncrease(a) (b) (c) (d) (e) (f) (g) (h)1Residential2 Customer Charge 20.25$ 20.85$ 13,861,632 280,698,048$ 289,015,027$ 8,316,979$ 3 Consumption Charge 0.26651 0.27979 627,298,034 167,181,199 175,511,717 8,330,518$ 4 Revenue Related Taxes30,398,805 31,528,717 5 Total Class Revenue478,278,052$ 496,055,461$ 17,777,409$ 67Commercial8 Customer Charge 54.50$ 56.50$ 1,094,352 59,642,184$ 61,830,888$ 2,188,704$ 9 Consumption Charge 0.11728 0.12263 363,850,875 42,672,431 44,619,033 1,946,602$ 10 Revenue Related Taxes6,944,376 7,225,051 11 Total Class Revenue109,258,991$ 113,674,972$ 4,415,981$ 1213Industrial & Transportation14 Customer Charge 1,014.50$ 1,054.75$ 7,056 7,158,312$ 7,442,316$ 284,004$ 15 Consumption Charge Tier 1 0.4157$ 0.4330$ 7,479,741 3,109,328 3,238,728 129,400$ 16 Consumption Charge Tier 2 0.3044$ 0.3171$ 8,282,846 2,521,298 2,626,490 105,192$ 17 Consumption Charge Tier 3 0.0653$ 0.0680$ 13,018,926 850,136 885,287 35,151$ 18 Revenue Related Taxes925,722 963,306 19 Total Class Revenue14,564,796$ 15,156,127$ 591,331$ 2021Total Excluding Other Revenue602,101,840$ 624,886,561$ 22,784,721$ 21,336,550$222324Revenue Related Tax Factor6.7873%ATMOS ENERGY CORP., MID-TEX DIVISIONRRM CITIES RATE REVIEW MECHANISMPROOF OF REVENUES - RRM CITIESTEST YEAR ENDING DECEMBER 31, 202021
Attachment 2
to 2021 RRM Staff Report
Bill Impact
22
Line No.1Rate R @ 45.2 CcfCurrent Proposed Change2 Customer charge20.25$ 3 Consumption charge 45.2 CCF X 0.26651$ = 12.05 4 Rider GCR Part A 45.2 CCF X 0.16000$ = 7.23 5 Rider GCR Part B 45.2 CCF X 0.33320$ = 15.06 6 Subtotal54.59$ 7 Rider FF & Rider TAX 54.59$ X 0.06787 = 3.71 8 Total58.30$ 910 Customer charge20.85$ 11 Consumption charge 45.2 CCF X 0.27979$ = 12.65 12 Rider GCR Part A 45.2 CCF X 0.16000$ = 7.23 13 Rider GCR Part B 45.2 CCF X 0.33320$ = 15.06 14 Subtotal55.79$ 15 Rider FF & Rider TAX 55.79$ X 0.06787 = 3.79 16 Total59.58$ 1.28$ 172.20%1819Rate C @ 332.5 CcfCurrent Proposed Change20 Customer charge54.50$ 21 Consumption charge 332.5 CCF X 0.11728$ = 38.99 22 Rider GCR Part A 332.5 CCF X 0.16000$ = 53.20 23 Rider GCR Part B 332.5 CCF X 0.26321$ = 87.51 24 Subtotal234.20$ 25 Rider FF & Rider TAX 234.20$ X 0.06787 = 15.90 26 Total250.10$ 2728 Customer charge56.50$ 29 Consumption charge 332.5 CCF X 0.12263$ = 40.77 30 Rider GCR Part A 332.5 CCF X 0.16000$ = 53.20 31 Rider GCR Part B 332.5 CCF X 0.26321$ = 87.51 32 Subtotal237.98$ 33 Rider FF & Rider TAX 237.98$ X 0.06787 = 16.15 34 Total254.13$ 4.03$ 351.61%ATMOS ENERGY CORP., MID-TEX DIVISIONAVERAGE BILL COMPARISON - BASE RATESTEST YEAR ENDING DECEMBER 31, 202023
36Rate I @ 4079 MMBTUCurrent Proposed Change37 Customer charge 1,014.50$ 38 Consumption charge 1,500 MMBTU X 0.4157$ = 623.55 39 Consumption charge 2,579 MMBTU X 0.3044$ = 785.05 40 Consumption charge 0 MMBTU X 0.0653$ = - 41 Rider GCR Part A 4,079 MMBTU X 1.5625$ = 6,373.46 42 Rider GCR Part B 4,079 MMBTU X 0.5380$ = 2,194.58 43 Subtotal10,991.14$ 44 Rider FF & Rider TAX 10,991.14$ X 0.06787 = 746.00 45 Total11,737.14$ 4647 Customer charge1,054.75$ 48 Consumption charge 1,500 MMBTU X 0.4330$ = 649.50 49 Consumption charge 2,579 MMBTU X 0.3171$ = 817.80 50 Consumption charge 0 MMBTU X 0.0680$ = - 51 Rider GCR Part A 4,079 MMBTU X 1.5625$ = 6,373.46 52 Rider GCR Part B 4,079 MMBTU X 0.5380$ = 2,194.58 53 Subtotal11,090.09$ 54 Rider FF & Rider TAX 11,090.09$ X 0.06787 = 752.72 55 Total11,842.81$ 105.67$ 560.90%57Rate T @ 4079 MMBTUCurrent Proposed Change58 Customer charge 1,014.50$ 59 Consumption charge 1,500 MMBTU X 0.4157$ = 623.55 60 Consumption charge 2,579 MMBTU X 0.3044$ = 785.05 61 Consumption charge 0 MMBTU X 0.0653$ = - 62 Rider GCR Part B 4,079 MMBTU X 0.5380$ = 2,194.58 63 Subtotal4,617.68$ 64 Rider FF & Rider TAX 4,617.68$ X 0.06787 = 313.41 65 Total4,931.09$ 6667 Customer charge1,054.75$ 68 Consumption charge 1,500 MMBTU X 0.4330$ = 649.50 69 Consumption charge 2,579 MMBTU X 0.3171$ = 817.80 70 Consumption charge 0 MMBTU X 0.0680$ = - 71 Rider GCR Part B 4,079 MMBTU X 0.5380$ = 2,194.58 72 Subtotal4,716.63$ 73 Rider FF & Rider TAX 4,716.63$ X 0.06787 = 320.13 74 Total5,036.76$ 105.67$ 752.14%24
Attachment 3
to 2021 RRM Staff Report
RRM Monthly Savings Over GRIP and DARR Rates
25
ACSC DARR ATM ENVIRONS
Settled Settled Filing Filing
Customer Charge $20.85 $23.80 $27.68 $25.90
Monthly Ccf [1] 45.2 52.7 45.2 45.2
Consumption Charge $0.27979 $0.19526 $0.14846 $0.18653
Average Monthly Bill $33.50 $34.09 $34.39 $34.33
‐$0.60 ‐$0.89 ‐$0.83
[1] Recognizes that average normal usage for Dallas residential customers is greater than Mid‐Tex average.
ATMOS ENERGY CORP., MID‐TEX DIVISION
RESIDENTIAL AVERAGE BILL COMPARISON
(EXCLUDING GAS COSTS)
26
Mid-Tex Tariffs
Effective December 1, 2021
Exhibit A
to 2021 RRM Resolution or Ordinance
27
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: R – RESIDENTIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 12/01/2021 PAGE:
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge
Amount
Customer Charge per Bill
$ 20.85 per month
Rider CEE Surcharge
$ 0.05 per month1
Total Customer Charge
$ 20.90 per month
Commodity Charge – All Ccf
$0.27979 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
1Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2021.
28
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: C – COMMERCIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 12/01/2021 PAGE: Page
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge
Amount
Customer Charge per Bill
$ 56.50 per month
Rider CEE Surcharge
$ 0.01 per month1
Total Customer Charge
$ 56.51 per month
Commodity Charge – All Ccf
$ 0.12263 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance w ith Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2021.
29
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I – INDUSTRIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 12/01/2021 PAGE:
Application
Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge
Amount
Customer Charge per Meter
$ 1,054.75 per month
First 0 MMBtu to 1,500 MMBtu
$ 0.4330 per MMBtu
Next 3,500 MMBtu
$ 0.3171 per MMBtu
All MMBtu over 5,000 MMBtu
$ 0.0680 per MMBtu
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled “Daily Price Survey.”
Replacement Index
In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
30
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I – INDUSTRIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 12/01/2021 PAGE:
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
Special Conditions
In order to receive service under Rate I, Customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
31
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T – TRANSPORTATION
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 12/01/2021 PAGE:
Application
Applicable, in the event that Company has entered into a Transportation Agreement, to a customer
directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the
transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for
use in Customer's facility.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
Charge
Amount
Customer Charge per Meter
$ 1,054.75 per month
First 0 MMBtu to 1,500 MMBtu
$ 0.4330 per MMBtu
Next 3,500 MMBtu
$ 0.3171 per MMBtu
All MMBtu over 5,000 MMBtu
$ 0.0680 per MMBtu
Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in
accordance with Part (b) of Rider GCR.
Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees c alculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged based on the quantities
determined under the applicable Transportation Agreement and quantities will no t be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
Monthly Imbalance Fees
Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu
between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative
Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds
10% of Customer’s receipt quantities for the month.
32
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T – TRANSPORTATION
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 12/01/2021 PAGE:
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled “Daily Price Survey.”
Replacement Index
In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
Special Conditions
In order to receive service under Rate T, customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the m eter.
33
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 12/01/2021 PAGE:
Provisions for Adjustment
The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized
by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall
be adjusted by an amount hereinafter described, which amount is referred to as the "Weather
Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature
sensitive residential and commercial bills based on meters read during the revenue mon ths of November
through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls .
Computation of Weather Normalization Adjustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent
per Ccf by the following formula:
(HSFi x (NDD-ADD) )
WNAFi = Ri
(BLi + (HSFi x ADD) )
Where
i = any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or
classification expressed in cents per Ccf
Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or
classification.
HSFi = heat sensitive factor for the ith schedule or classification divided by the
average bill count in that class
NDD = billing cycle normal heating degree days calculated as the simple ten-year
average of actual heating degree days.
ADD = billing cycle actual heating degree days.
Bli = base load sales for the ith schedule or classification divided by the average
bill count in that class
The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as:
WNAi = WNAFi x qij
Where qij is the relevant sales quantity for the jth customer in ith rate schedule.
34
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 12/01/2021 PAGE:
Base Use/Heat Use Factors
Residential Commercial
Base use Heat use Base use Heat use
Weather Station Ccf Ccf/HDD Ccf Ccf/HDD
Abilene 11.88 0.1459 85.39 0.6996
Austin 10.34 0.1452 194.82 0.9398
Dallas 15.21 0.1915 148.19 1.0986
Waco 10.63 0.1373 130.39 0.7436
Wichita
Falls
12.63
0.1398 109.17 0.5803
Weather Normalization Adjustment (WNA) Report
On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in
Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated
its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the
company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of
Texas' Gas Services Division, addressed to the Director of that Division.
35
Exhibit B
to 2021 RRM Resolution or Ordinance
Mid-Tex
2021 Benchmark for Pensions
and Retiree Benefits
36
Line No. DescriptionPension Account PlanPost-Employment Benefit PlanPension Account PlanSupplemental Executive Benefit PlanPost-Employment Benefit PlanAdjustment Total(a) (b) (c) (d) (e) (f) (g)1Proposed Benefits Benchmark - Fiscal Year 2021 Willis Towers Watson Report as adjusted (1) (2) (3)2,917,949$ 4,908,358$ 5,447,063$ 293,818$ 6,600,073$ 2 Allocation to Mid-Tex 43.68% 43.68% 76.11% 100.00% 76.11%3Proposed Benefits Benchmark Costs Allocated to Mid-Tex (Ln 1 x Ln 2)1,274,655$ 2,144,130$ 4,145,546$ 293,818$ 5,023,057$ 4 O&M and Capital Allocation Factor 100.00% 100.00% 100.00% 100.00% 100.00%5Proposed Benefits Benchmark Costs to Approve (Ln 3 x Ln 4) (3)1,274,655$ 2,144,130$ 4,145,546$ 293,818$ 5,023,057$ 12,881,205$ 678Summary of Costs to Approve (1):910 O&M Expense Factor (WP_F-2.3, Ln 2) 75.07% 75.07% 38.66% 11.00% 38.66%111213Total Pension Account Plan956,873$ 1,602,484$ 2,559,357$ 14Total Post-Employment Benefit Plan1,609,582$ 1,941,691$ 3,551,272 15Total Supplemental Executive Benefit Plan32,322$ 32,322 16Total (Ln 13 + Ln 14 + Ln 15)956,873$ 1,609,582$ 1,602,484$ 32,322$ 1,941,691$ 6,142,952$ 1718Notes:19 1. Studies not applicable to Mid-Tex or Shared Services are omitted.202. Mid-Tex is proposing that the Fiscal Year 2021 Willis Towers Watson actuarial amounts shown on WP_F-2.3 and WP_F-2.3.1, be approved by the RRM Cities as the21 benchmark amounts to be used to calculate the regulatory asset or liability for future periods. The benchmark amount approved by the RRM Cities for future periods22 includes only the expense amount. The amount attributable to capital is recorded to utility plant through the overhead process as described in the CAM.23 3. SSU amounts exclude cost centers which do not allocate to Mid-Tex for rate making purposes.ATMOS ENERGY CORP., MID-TEX DIVISIONPENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVALTEST YEAR ENDING DECEMBER 31, 2020Shared Services Mid-Tex Direct
37
Exhibit C
to 2021 RRM Resolution or Ordinance
Mid-Tex 2021 Schedule for
Amortization for Regulatory Liability
38
Line
No.
Year Ended
Dec. 31
Beginning
Protected Balance
Protected
Amortization
Ending Protected
Balance
Beginning
Unprotected
Balance
Unprotected
Amortization
Ending Unprotected
Balance
Total
Protected &
Unprotected
Amortization
Total
Protected &
Unprotected
Balance
(a) (b) (c) (d) (e) (f) (g) (h) (i)
1 2017 (3) -$ -$ (51,477,654)$ -$ -$ 343,746,535$ -$ 292,268,881$
2 2018 (51,477,654) 494,977 (50,982,677) 343,746,535 (3,513,868) 340,232,667 (3,018,891) 289,249,991
3 2019 (50,982,677) 1,979,910 (49,002,767) 340,232,667 (14,057,872) 326,174,795 (12,077,963) 277,172,028
4 2020 (49,002,767) 1,979,910 (47,022,857) 326,174,795 (13,988,908) 312,185,886 (12,008,999) 265,163,029
5 2021 (47,022,857) 3,464,842 (43,558,015) 312,185,886 (26,390,127) 285,795,760 (22,925,284) 242,237,745
6 2022 (43,558,015) 1,979,910 (41,578,105) 285,795,760 (60,167,528) 225,628,231 (58,187,619) 184,050,126
7 2023 (41,578,105) 1,979,910 (39,598,195) 225,628,231 (60,167,528) 165,460,703 (58,187,619) 125,862,508
8 2024 (39,598,195) 1,979,910 (37,618,286) 165,460,703 (60,167,528) 105,293,175 (58,187,619) 67,674,889
9 2025 (37,618,286) 1,979,910 (35,638,376) 105,293,175 (60,167,528) 45,125,646 (58,187,619) 9,487,270
10 2026 (35,638,376) 1,979,910 (33,658,466) 45,125,646 (45,125,646) (0) (43,145,737) (33,658,466)
11 2027 (33,658,466) 1,979,910 (31,678,556) (0) 0 1,979,910 (31,678,556)
12 2028 (31,678,556) 1,979,910 (29,698,647) - - 1,979,910 (29,698,647)
13 2029 (29,698,647) 1,979,910 (27,718,737) - - 1,979,910 (27,718,737)
14 2030 (27,718,737) 1,979,910 (25,738,827) - - 1,979,910 (25,738,827)
15 2031 (25,738,827) 1,979,910 (23,758,917) - - 1,979,910 (23,758,917)
16 2032 (23,758,917) 1,979,910 (21,779,007) - - 1,979,910 (21,779,007)
17 2033 (21,779,007) 1,979,910 (19,799,098) - - 1,979,910 (19,799,098)
18 2034 (19,799,098) 1,979,910 (17,819,188) - - 1,979,910 (17,819,188)
19 2035 (17,819,188) 1,979,910 (15,839,278) - - 1,979,910 (15,839,278)
20 2036 (15,839,278) 1,979,910 (13,859,368) - - 1,979,910 (13,859,368)
21 2037 (13,859,368) 1,979,910 (11,879,459) - - 1,979,910 (11,879,459)
22 2038 (11,879,459) 1,979,910 (9,899,549) - - 1,979,910 (9,899,549)
23 2039 (9,899,549) 1,979,910 (7,919,639) - - 1,979,910 (7,919,639)
24 2040 (7,919,639) 1,979,910 (5,939,729) - - 1,979,910 (5,939,729)
25 2041 (5,939,729) 1,979,910 (3,959,820) - - 1,979,910 (3,959,820)
26 2042 (3,959,820) 1,979,910 (1,979,910) - - 1,979,910 (1,979,910)
27 2043 (1,979,910) 1,979,910 0 - - 1,979,910 0
28
29 Revenue Related Tax Factor See WP_F-5.1 6.79%
30 Revenue Related Taxes on Annual Amortization Amortization * Tax Factor 3,949,355$
31 Amortization Including Revenue Related Taxes Amortization + Taxes 62,136,973$
32
33 Notes:
34 1. The annual amortization of the protected balance is a 26 year recovery period based on the Reverse South Georgia Method. The annual amortization of the unprotected balance is 5 years.
35 2. The Regulatory Liability is recorded to FERC Accounts 253 and 242, Sub Account 27909.
36 3. This is the final Mid-Tex liability balance filing the Fiscal Year 2018 tax return.
ATMOS ENERGY CORP., MID-TEX DIVISION
RATE BASE ADJUSTMENTS
TEST YEAR ENDING DECEMBER 31, 2020
AMORTIZATION OF REGULATORY LIABILITY
39
Page 1 of 2
To: Mayor and Town Council
From: Patrick Arata, Chief of Police
Copy:
Re: School Resource Officer Services Contract for 2021-2022
Date: August 24, 2021
Agenda Item:
Consider and take appropriate action regarding an Amendment to the Interlocal Agreement between the Town
and Northwest Independent School District (NISD) for School Resource Officer (SRO) services for Fiscal Year
2021-2022; and authorizing the Mayor or his designee to execute all necessary documents (Staff).
Strategic Link:
Safety & Security: Achieve exceedingly high standards for public safety and low crime rates.
Background and Explanation:
This Interlocal Agreement is for Police School Resource Officer services for Fiscal Year 2021 - 2022. The
agreement provides two (2) School Resource Officers for the four (4) schools in Trophy Club for one (1) year,
commencing on or about August 1, 2021 and ending on or about July 31, 2022. This agreement provides that
NISD will cost-participate in the salary and benefits for the officers, as well as provide funding for Police vehicle
use.
Financial Considerations:
NISD in consideration for the services provided under the Agreement, for the 2021-22 school year, the District
will pay the Town an amount not to exceed $127,035.00 for the maintenance of the two (2) School Resource
Officers.
Legal Review:
The Town Attorney has reviewed said item and concurs with staff recommendation.
40
Page 2 of 2
Board/Commission/ or Committee Recommendation:
Not Applicable
Staff Recommendation:
Staff recommends approval of the NISD Interlocal Agreement for School Resource Officer services for 2021-
2022.
Attachments:
NISD Amendment No. 5 to the Interlocal Agreement by and between the Town of Trophy Club, Texas and
Northwest Independent School District for School Resource Officer Services.
41
42
43
Page 1 of 2
To: Mayor and Town Council
From: Matt Cox, Director of Community Development
CC: Wade Carroll, Town Manager
Leticia Vacek, Town Secretary/RMO
Re: Item #13 Ordinance 2021-16
Sign Ordinance
Date: Town Council Meeting, August 24, 2021
Agenda Item:
Take appropriate action regarding proposed amendments concerning political signs to Article
3.09 Signs in the Town’s Code of Ordinances.
Strategic Link:
Nature & Beautification – Maintain Town assets, services, and codes or ordinances that preserve
the natural beauty of the Town
Background and Explanation:
It has come to staff’s attention that our sign ordinances surrounding election signage does not
parallel state law in the duration of time election signs may be displayed. There is also cause to
update the Town’s Sign Ordinance to revise the political sign definition to include flags and reflect
both of those changes within included tables. Proposed additions to the Town’s Sign Ordinance
are shown below in red and deletions are shown crossed out. All changes have been reviewed
and approved by the Planning and Zoning Commission.
“CHAPTER 3 BUILDING REGULATIONS
…
ARTICLE 3.09 SIGNS
…
Sec. 3.09.001 Definitions
…
Sign.
…
44
Page 2 of 2
Political sign. A temporary sign or flag that promotes a political issue or a candidate or candidates
for public office at a specific election including without limitation, a sign of any political party,
group, or idea that contains primarily a political message or other similar noncommercial speech.
…
Sec. 3.09.062 Political signs
(a) Duration. All political signs meeting the requirements of this article, shall only be erected
or maintained in a location allowed under this article for a maximum period of ninety
(90) sixty (60) days before the signs must be replaced or removed as required by this
article. Political signs shall be kept in good repair and proper state of preservation during
the entire time that they are erected. Political signs advertising an event, election,
function or activity shall be removed within ten (10) three (3) days following the date of
such event, election, function or activity. Failure to remove such signs within the ten (10)
three (3) day period shall give the designated official the authority to remove such signs
without notice.
…
Sec. 3.09.092 Table of signage criteria
…
Sign Type Maximum Number Maximum Size &
Height Maximum
Duration Zoning District Permanent/
Temporary
Political 1 per political candidate &
2 per issue on the election
ballot per premises
36 sq. ft. 8 ft. 90 days before
& 10 days after
election 60 days
All districts Temporary
…”
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney has reviewed this item and has no objection.
Board/Commission/ or Committee Recommendation:
The Planning & Zoning Commission considered this item on Thursday, May 6, 2021.
Approval recommended; motion passed 4-1.
Staff Recommendation:
Staff recommends approval of the amendments to the Town’s Sign Ordinance, as submitted.
Attachments:
• Ordinance 2021-16
45
ARTICLE 3.09 SIGNS*
Division 1. Generally
Sec. 3.09.001 Definitions
Unless otherwise provided for herein, the following terms shall have the respective meanings ascribed to them.
Awning. A roof-like structure, usually made of canvas, that serves as a shelter, as over a storefront, window, door
or deck. Also, an architectural projection that provides weather protection, identity or decoration, and is supported
by the building to which it is attached.
Changeable electronic variable message sign (CEVMS). A sign which permits light to be turned on or off
intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated
sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign
is in use, including light emitting diode (LED) or electronic message board or digital sign, and which varies in
intensity or color. A CEVMS does not include a sign located within the right-of-way that functions as a traffic-control
device and that is described and identified in the Manual on Uniform Traffic-Control Devices, as amended.
Designated official. The town manager or his or her designee.
Dilapidated or deteriorated condition. Any sign, which in the reasonable discretion of the designated official, has
any one or more of the following characteristics:
(1) Where elements of the surface or background can be seen, as viewed from the right-of-way, to have
portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest
of the surface;
(2) Where the structural support or frame members are visibly bent, broken, dented, or torn;
(3) Where the panel is visibly cracked, or in the case of wood and similar products, splintered in such a way as
to constitute an unsightly or harmful condition;
(4) Where the sign or its elements are twisted or leaning or at angles other than those at which it was originally
erected (such as may result from being blown or by the failure of a structural support); or
(5) Where the message or wording can no longer be clearly read by a person with normal eyesight under
normal viewing conditions.
Electronic message board. A sign with a fixed or changing display/message composed of a series of lights that
may be changed through electronic means. Signs whose alphabetic, pictographic, or symbolic informational content
can be changed or altered on a fixed display screen composed of electrically illuminated segments. The term
includes a programmed electronic display.
Graffiti. Any marking, including, but not limited to, any inscription, slogan, drawing, painting, symbol, logo, name,
character, or figure that is made in any manner on tangible property.
[Guardian.]
(1) A person who, under court order, is the guardian of the person of a minor; or
(2) A public or private agency with whom a minor has been placed by a court.
Height of signs. As applied to a sign, height shall be measured as the vertical distance between the highest part of
the sign or its supporting structure, whichever is higher, and natural grade at the center of the base of the sign.
Illumination, direct. Lighting by means of an unshielded light source, including neon tubing, strobes, etc., which is
effectively visible as part of the sign, where the light travels directly from the source to the viewers eye.
Illumination, indirect. Lighting by means of a light source, not itself visible, which is directed at a reflecting surface
in such a way as to illuminate the sign, or a light source which is primarily designed to illuminate the entire building
facade upon which a sign is displayed. Indirect illumination does not include lighting which is primarily used for
purposes other than sign illumination, e.g., parking lot lights or lights inside a building which may silhouette a
window sign but which are primarily installed to serve as inside illumination.
Illumination, internal. Lighting by means of a light source which is within a sign having a translucent background,
silhouetting opaque letters or designs, or which is within letters or designs that are themselves made of a
translucent material.
Light sources. Neon lights, fluorescent lights, incandescent lights, halogen lights and any reflecting surface, which,
because of its construction and/or placement becomes in effect a source of light emission.
46
Logo. A design, registered trademark or insignia of an organization, individual, company, or product which is
commonly used in advertising to identify that organization, individual, company or product.
Masonry. Formed concrete, concrete block, cinder block or similar material with facing added to their exposed
surface.
Median. A land mass, mostly covered by grass and/or other landscaping materials, enclosed in concrete curbing
placed between streets and roads separating opposing traffic, or to the right of streets or roads separating streets
or roads from one way, single lane, slip road access to private real properties.
Minor. A person under 18 years of age who is not and has not been married or who has not had his disabilities of
minority removed for general purposes.
Owner. Any person with the legal or equitable right of possession to any property, including without limitation, any
person having custody or control over the property, or his or her authorized agent or representative.
Parent. The mother, a man presumed to be the biological father or a man who has been adjudicated to be the
biological father by a court of competent jurisdiction, or an adoptive mother or father, but does not include a parent
as to whom the parent-child relationship has been terminated.
Premises. Land, including any structures built upon it, building(s) or a part of a building.
Private real property. Land, within the corporate limits or extraterritorial jurisdiction of the town, that any person,
firm, corporation, partnership, sole proprietorship, homeowners’ association or other private entity recognized in
law, owns, leases, claims, occupies or has supervision or control of, whether such real property is occupied or
unoccupied, improved or unimproved.
Programmed electronic display. Any display in which lamps are used to give information such as, but not limited
to, time, temperature, stock market data and which may or may not be electronically programmed to deliver different
messages.
Property. Any tangible personal or real property.
Raceway. A rectangular tube used for the purpose of enclosing electrical components such as wiring, transformers,
etc.
Right-of-way. A strip of land, the first eleven (11) feet as measured from the back of curb, or, if no curb, the first
eleven (11) feet measured from the edge of the roadway pavement, including the adjacent area, used or intended
to be used, wholly or in part, as a public street, alley, crosswalk, sidewalk, drainageway or other public way.
Sign. Any device or surface on which letters, illustrations, designs, figures or symbols are painted, printed, stamped,
raised, projected or in any manner outlined or attached, and used for advertising purposes; temporary mobile signs
and private directional signs shall be considered signs for purposes of this article, regardless of the content of the
message or wording thereon. Political signs, except as expressly provided herein, mobile advertising, hand-carried
signs, and vending machine signs shall not be considered signs for purposes of this article. Signs include but are
not limited to the following:
A-frame/sandwich board sign. A self supporting “A” shaped sign with two visible sides that is situated on or
adjacent to a sidewalk.
Apartment sign. A sign identifying an apartment building or complex of apartment buildings.
Awning sign. An awning displaying a business name or logo.
Bandit sign. Handbills, lost and found notices, advertisement sheets, and/or garage sale signs attached to a tree,
utility pole, traffic pole, fence post or other feature or structure that is not designed nor intended to be a part of the
structure. These do not include warning signs or other signs required by state law to be placed on a utility pole,
traffic pole or fence post.
Banner sign. A temporary advertising device composed primarily of cloth, paper, fabric, or other similar nonrigid
material, supported by wire, rope, or similar means; it may also be attached to a building or other structure, and
may be mounted vertically or horizontally. Banner signs also include tear drop flags, bow flags, and other similar
types of signs.
Billboard sign. An off-premises sign consisting of any flat surface erected on a framework or on any structure, or
attached to posts and used, or designed to be used for the display of bills, posters or other advertising material,
for the purpose of advertising a business or activity not located on the same premises as the said advertising
material. Mobile advertising, hand-carried signs, and political signs shall not be considered a billboard for
purposes of this article.
Builder sign. A temporary on-premises sign identifying the builder or general contractor of a residential
construction site.
Bulletin board sign. A permanent on-site sign providing public information to the residential subdivision within
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which it is located.
Business sign. A permanent on-premises sign that is used to identify a business, profession, apartment complex,
organization, institution, service, activity or other nonresidential use conducted, sold or offered on the site where
such sign is located. This sign may also identify the name of the site or development or may identify the
occupants within the site or development.
Canopy sign. A canopy sign is a sign painted or affixed to a roof-like structure that shelters a use such as, but not
restricted to, a gasoline pump island, and is supported by either one or more columns or by the building to which
it is accessory and is open on two or more sides.
Development sign. A temporary, on-premises promotional sign pertaining to the development of land or
construction of buildings on the site where the sign is erected. In residential districts, the intent of the sign shall be
to promote a subdivision and not any particular builder.
Directional sign. A permanent on-premises sign intended to aid in vehicular movement on the site.
Directional real estate sign. Off-premises sign, intended to direct persons to premises offered for lease, rent, or
sale, including but not limited to, “open house” and directional signs or sale.
Directory sign. A sign listing the occupants within a shopping center, retail district, office districts, and commercial
sites located on the same premises.
Electronic display sign. Refer to “programmed electronic display.”
Feather flag. A sign with or without characters, letters, illustrations, or ornamentations applied to cloth, paper,
flexible plastic, or fabric of any kind with only such material for backing. Feather flags may be a single sign or
multiple signs attached to a support pole or post, typically have a 4:1 height to width ratio, and may resemble a
sail.
Fence sign. A sign that is affixed or attached to a fence, whether permanent or temporary.
Flashing sign. A sign, which contains an intermittent or flashing light source or which includes the illusion of
intermittent or flashing light by means of animation or any externally mounted light source. Electronic display
signs are not considered flashing signs for the purpose of this article.
Flag. A display on cloth or other flexible material generally attached on only one side, usually used as a symbol of
a government, school, or religion, and not containing a commercial message.
Government sign. Signs, permanent or temporary, required by governmental bodies or specifically authorized for
a public purpose by any administrative policy or guideline, code or other law. Such signs may also include traffic
or similar regulatory devices, legal notices, warnings at railroad crossings, and other instructional, informative, or
regulatory signs necessary to serve the general welfare, health, and safety of the community.
Ground sign. Any sign connected to the ground by legs, poles, or other supports and which is not an attached,
portable, monument, or vehicular sign.
Illegal nonconforming sign. A sign which was in violation of any of the codes of the town governing the erection or
construction of such a sign at the time of its erection, and which has never been erected or displayed in
conformance with all duly enacted codes, including but not limited to, signs which are pasted, nailed, hung,
painted or otherwise unlawfully displayed upon structures, utility poles, posts, trees, fences or other structures.
Illuminated sign. A sign that has characters, letters, figures, designs or outlines illuminated by electrical lights,
luminous tubes or other means.
Inflatable sign. A temporary hollow sign expanded or enlarged by the use of air or gas.
Institutional sign. A permanent on-site sign used to identify governmental and municipal agencies, public/private
schools, or similar public institutions, and used to communicate messages of public importance to the general
public.
Legal nonconforming sign. A sign which was lawfully erected and maintained prior to the enactment of the sign
code and any amendments thereto, and which does not conform to current applicable regulations and restrictions
of the sign code.
Model home sign. A temporary sign, identifying a new home, either furnished or unfurnished, as being the builder
or contractors model open to the public for inspection.
Monument sign. A sign mounted on a solid base or pedestal with no visible space between the sign and the base
or pedestal. The sign is not mounted on visible poles, struts, wires, or other visible structures. The sign base or
pedestal shall be constructed of masonry material.
Nameplate sign. A sign that identifies only the name of an individual, firm, or corporation, which is attached to a
structure and may contain the suite number or other directory information concerning the location of the
individual, firm or corporation within the building.
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Obsolete leases premises sign. An on-premises sign or sign structure that previously was a legal sign, or a legal,
nonconforming sign; however, it remains on leased property after the second anniversary of the date the tenant
ceases to operate on the premises.
Obsolete sign. An on-premises sign or sign structure that previously was a legal sign, or a legal, nonconforming
sign; however, it remains on the property after the first anniversary of the date the business, person or activity
that the sign or sign structure identifies or advertises ceases to operate on the premises on which the sign or sign
structure is located.
Off-premises real estate sign. A sign located upon a premises which directs attention to the sale, lease, rental, or
construction of a structure or a lot, other than the premises upon which such sign is located.
Off-premises sign. A sign located upon a premises which directs attention (a) to goods; (b) to a business,
commodity, service, or product; or (c) to an entertainment location, other than the premises upon which such sign
is located.
On-premises real estate sign. A sign which directs attention to the sale, lease, rental, or construction of a
structure or a lot, upon the premises where such sign is located.
On-premises sign. A sign which directs attention (a) to goods; (b) to a business, commodity, service, or product;
or (c) to an entertainment location, upon the premises where such sign is located.
Permanent commercial sign. A permanent on-premises sign advertising a business.
Pole (or pylon) sign. Any freestanding, on-premises sign supported from the ground by upright structural and/or
horizontal cross members.
Political sign. A temporary sign or flag that promotes a political issue or a candidate or candidates for public office
at a specific election.
Portable sign. A sign utilized by a government entity and that is not attached or affixed to the ground, a building or
other fixed structure or object. Portable signs include those signs installed on mobile structures.
Projecting sign. A sign, except an awning, which projects from a building, and has one end attached to a building
or other permanent structure, including but not limited to, a marquee sign.
Protective sign. A sign that communicates a warning.
Real estate sign. A limited purpose on-premises sign supported by upright and/or horizontal cross structural
members and which pertains to the sale, rental or lease of the lot or tract of land on which the sign is located, or
to the sale, rental or lease of one or more structures, or a portion thereof located thereon.
Religious institutional sign. On-premises sign placed on property belonging to a church or other religious
institution for purposes of conveying religious messages or providing the public with other information related to
the church or religious institution or other noncommercial purpose.
Religious sign. A sign containing a religious or other similar noncommercial message.
Rider sign. A supplemental sign attached to above or below real estate sign, or its sign post that provides limited
but additional information pertaining to the premises on which the real estate sign is placed.
Roof sign. Any sign supported by the roof of a building, painted on the roof or eaves of a building, or placed
above the apparent flat roof or eaves of a building as viewed from any elevation.
Service contractor sign. An on-premises temporary sign identifying the contractor(s) responsible for work.
Sign walker. A person or animal, visible from the public right-of-way, wearing lights, or wearing a costume, and/or
holding, twirling, or wearing a sign, for any purpose, including without limitation, making a statement, soliciting
donations or business, or drawing attention to a business, project, place or event.
Special purpose directional sign. A temporary sign that is either on-premises or off-premises that provides
location information, directs persons along a route, or otherwise directs persons to a premises or location upon
which a special event or occurrence sponsored by a nonprofit, civic, or other organization to which a special
event permit has been issued by the town.
Special purpose sign. A temporary sign that is either on-premises or off-premises that provides identification or
information pertaining to a special event or occurrence sponsored by a nonprofit, civic, or other organization to
which a special event permit has been issued by the town.
Structurally alter sign. To change the form, shape or size of an existing sign or any supportive or bracing
elements of said sign excluding temporary embellishments on a changeable copy sign.
Structurally repair sign. The reconstruction or renewal of any part of the supportive or bracing elements of an
existing sign.
Temporary pole sign. A freestanding, on-premises sign displayed for a temporary period of time as provided in
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this article and supported from the ground up by upright structural members.
Temporary sign. A sign which includes, but is not limited to, a sign, banner, pennant, flag, searchlight, inflatable,
outside display of merchandise or similar device which is to be displayed for a limited period of time.
Vehicle mounted sign. Any sign, not including bumper stickers, on or in a vehicle moving along the ground or on
any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include
signs which are being transported to a site of permanent erection or lettering of a company vehicle that advertises
only the company name and address, or temporary signs (with an area of less than 3 square feet) attached to
vehicles which may be removed daily.
Wall sign. A sign attached or affixed parallel or flat to an exterior wall surface of a building.
Wind device sign. A pennant, streamer, inflatable balloon or similar device made of cloth, canvas, plastic, or other
similar flexible material, with or without a frame or other supporting structure, and used as a sign.
Window sign. A sign painted on or permanently affixed to a window or window area or any sign located on the
internal and/or external surface of the window, or is located within two inches (2") of the window, of any
establishment.
Sign permit. A permit issued under the authority of the town to erect, move, structurally alter or structurally repair
any specific billboard, sign or other outdoor advertising within the corporate limits of the town.
Sign structure. Any portion of an advertising device, inclusive of its supports, or any device solely designed for
carrying an advertising message.
Vision triangle. An area of visibility on a street corner, including within the right-of-way, allowing for safe operation
of vehicles, pedestrians and cyclists in the proximity of intersecting streets, sidewalks and bicycle paths. At a
minimum, the area of the triangle shall be determined as follows: extending straight lines from the nearest point at
which the paved area of the two streets intersect to a point on the edge of each of the intersecting streets that is
25 feet from the point of beginning.
(Ordinance 2004-02, sec. II, adopted 1/19/04; Ordinance 2005-03, sec. 2, adopted 2/7/05; 2006 Code, ch. 5, sec.
4.01; Ordinance 2008-15, secs. 2.01, 2.02, adopted 5/19/08; Ordinance 2015-23, sec. 4.01, adopted 10/13/15)
Sec. 3.09.002 Penalty
It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply
with any provision of this article shall be fined, upon conviction, not less than one dollar ($1.00) nor more than two
thousand dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on
which a violation occurs or continues. The penalty provided herein shall be cumulative of all other remedies
available for enforcement of the provisions of this article. (Ordinance 2004-02, sec. XIX, adopted 1/19/04;
Ordinance 2005-03, sec. 21, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.16; Ordinance 2015-23, sec. 6, adopted
10/13/15)
Sec. 3.09.003 Declaration, purpose and intent
(a) Declarations. The town is predominately a residential community, small portions of which have been zoned
for commercial and other nonresidential uses. The protection and preservation of the rights and values of privacy,
aesthetics, and safety are of great importance to the residents of the town and substantially contribute to the
special ambiance, quality of life, and general welfare of the community. The property values in the town and the
general welfare of its residents are enhanced by the maintenance of the highest standards of privacy, aesthetics,
and safety for the benefit of all its residents; therefore:
(1) It is hereby declared that the proliferation of an unlimited number of signs in private, residential,
commercial, nonresidential, and public areas of the town would create ugliness, visual blight and clutter, tarnish
the natural beauty of the landscape as well as the residential and commercial architecture, impair property
values, substantially impinge upon the privacy and special ambience of the community, and may cause safety
and traffic hazards to motorists, pedestrians, and children.
(2) It is hereby declared that the town wishes to allow speech and expression through the medium of signs so
long as the town is protected against the proliferation of an unlimited number of signs and unnecessarily large
signs that would substantially impinge upon the town’s interests in privacy, aesthetics, safety and adversely
impact the value of property owned by its residents.
(3) It is hereby declared that the time, place, and manner of the regulation of signs described in this article are
necessary to protect and preserve the town’s aforesaid interests in privacy, aesthetics, safety, and property
values.
(b) Purpose, applicability and intent.
(1) The purpose of this article is to provide reasonable regulations for the erection and display of signs. These
regulations are intended to promote the public health, safety and general welfare through a comprehensive set of
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reasonable standards and requirements which preserve the appearance of the town.
(2) These regulations are not intended to prohibit the erection or display of a sign with a religious or political
message, or any sign allowed or required by state or federal law; provided that any such sign conforms to the
size requirements and other reasonable requirements of this article.
(3) The purpose of this article is to protect those areas both within the corporate limits and within the
extraterritorial jurisdiction of the town from visual clutter and safety hazards resulting in driver distraction. The
regulations contained in this article are applicable to the incorporated limits and the extraterritorial jurisdiction of
the town.
(Ordinance 2008-15, sec. 2.04, adopted 5/19/08; 2006 Code, ch. 5, sec. 4.03(A); Ordinance 2015-23, sec. 4.00,
adopted 10/13/15)
Sec. 3.09.004 Measurement of sign height
Sign height shall be measured as the vertical distance between the highest part of the sign or its supporting
structure, whichever is higher, and natural grade at the center of the base of the sign. (Ordinance 2004-02, sec.
III(A), adopted 1/19/04; Ordinance 2005-03, sec. 4(A), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.03(B); Ordinance
2008-15, sec. 2.03, adopted 5/19/08; Ordinance 2015-23, sec. 4.03(A), adopted 10/13/15)
Sec. 3.09.005 Conformance with other codes
All signs must conform to the regulations and design standards of the building code, UL standards and other codes
of the town. Wiring of all electrical signs must conform to the current electrical code of the town. (Ordinance 2004-
02, sec. III(B), adopted 1/19/04; Ordinance 2005-03, sec. 4(B), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.03(C);
Ordinance 2008-15, sec. 2.03, adopted 5/19/08; Ordinance 2015-23, sec. 4.03(B), adopted 10/13/15)
Sec. 3.09.006 Permit
(a) Required. Except as expressly provided herein, no sign shall be erected, placed, displayed or located
without first obtaining a sign permit from the town.
(b) Application for permit. Application for a permit for a permanent sign shall be made in writing upon forms
furnished by the designated official authorized and so designated to do so by the town manager. The application
for a sign permit shall contain the following information:
(1) Applicant’s name, address and telephone number.
(2) Name, address and telephone number of the owner of the property on which the sign is to be located.
(3) Name, address and telephone number of the lessee the sign is to benefit, if applicable.
(4) Name, address and telephone number of the person/contractor erecting the sign.
(5) Name, address and telephone number of the electrical subcontractor, if applicable.
(6) Type of sign and use classification.
(7) Scaled site plan showing:
(A) The location of the building, structure or tract to which or upon which the sign is to be attached or erected;
(B) The position of the sign in relation to nearby structures or other signs;
(C) Dimensions of setbacks, building lines, distances between the sign and streets and property lines; and
(D) Scaled drawings of the signs including height, width, area, design, text and logo.
(8) The designated official may require the filing of additional plans or pertinent information which, in the
official’s opinion, are necessary to ensure compliance with this article.
(c) Termination of permit. A sign permit may be terminated in accordance with the following provisions:
(1) A permit shall be active for the life of the sign, as long as it is in compliance with this article.
(2) A permit shall expire if the sign for which it has been issued has not been constructed within ninety (90)
days from the date of issuance.
(3) A permit issued for any sign including its supporting structure shall automatically expire in the event the
sign shall fail inspection and such failure is not corrected within sixty (60) days.
(4) The designated official may suspend or revoke any permit whenever it is determined that the permit has
been issued in error or on the basis of incorrect or false information supplied, or whenever such permit was
issued in violation of the sign code, any other code of the town, the laws of the state or the federal government.
Such revocation shall be effective when communicated in writing to the person to whom the permit is issued or
the owner of the sign or the owner of the premises on which the sign is located. Any sign for which a permit has
been revoked shall be immediately removed by the person in control of the sign or premises upon which the sign
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is located within fifteen (15) business days of the receipt of the written notice of revocation.
(5) Any person may appeal the revocation of the sign permit by filing written notice of the intention to appeal
with the planning official no more than ten (10) business days after the receipt of written notice of the revocation.
The appeal will be forwarded to the planning and zoning commission for review. The commission shall forward a
recommendation to the town council for final determination. The decision of the town council shall be final.
(d) Permit fees. A sign permit fee shall be paid to the town in accordance with the most current fee schedule
adopted by the town.
(Ordinance 2004-02, sec. X, adopted 1/19/04; Ordinance 2005-03, sec. 3, adopted 2/7/05; 2006 Code, ch. 5, sec.
4.02; Ordinance 2015-23, sec. 4.02, adopted 10/13/15)
Sec. 3.09.007 Signs not requiring permit
The following signs shall be subject to all limitations and provisions provided in this article, and shall not require a
sign permit. These exceptions shall not be construed as relieving the owner of the sign from the responsibilities of
its erection, maintenance, and its compliance with the provisions of this article or any other law or code regarding
the same:
(1) Changeable copy. The changing of advertising copy or message on a painted or printed sign, or the
changing of advertising copy or message on a changeable reader board specifically designed for use of
replaceable copy, not to include programmed electronic display.
(2) Holiday decorations. Signs or materials displayed in a temporary manner during traditional, civic, patriotic or
religious holidays.
(3) Internal signs. Signs visible only from the premises on which located or visible from off the premises only
through a window or windows from which they are set back.
(4) Memorial signs. Markers, plates, plaques, etc., when deemed an integral part of a structure, building or
landscape.
(5) National and/or state flag. Display of flags is allowed.
(6) Vehicle mounted signs. Except as otherwise regulated herein, signs located on motor vehicles or trailers
bearing current license plates and inspection stickers, when appropriate, which are traveling or lawfully parked
upon public roadways or lawfully parked upon any other premises for a period not to exceed four (4) hours or for
a longer period where the primary purpose of such parking is not the display of any sign.
(7) Other signs. As specifically identified herein.
(Ordinance 2004-02, sec. IX, adopted 1/19/04; Ordinance 2005-03, sec. 8, adopted 2/7/05; 2006 Code, ch. 5, sec.
4.07; Ordinance 2015-23, sec. 4.10, adopted 10/13/15)
Sec. 3.09.008 Temporary permits
The designated official of the town upon application from an individual or company may grant temporary permits or
waivers to hang banners and/or signs for commercial purposes or temporary government signs as set forth in
division 2 - temporary signs, of this article. Signs approved by the designated official as meeting the criteria
necessary to satisfy the provisions found in division 2, of this article may be displayed on a temporary basis not
exceeding a six (6) week period. The length of the temporary permit will be at the discretion of the designated
official, not exceeding the maximum six (6) week period at the discretion of the designated official, unless good
cause is shown by the permit applicant that public interest or necessity requires a longer period for the temporary
permit. The designated official may extend the temporary permit for four (4) additional consecutive thirty (30) day
periods provided that each extension shall be at the designated official [location]. At the time of expiration of the
temporary permit or waiver, it shall be the responsibility of the applicant to remove the banner or sign. The
application process for a temporary permit or waiver shall be governed by the same guidelines as set forth in
section 3.09.006, herein. A permit for a temporary pole sign may be issued for an initial period not to exceed one
(1) year. An applicant may request one (1) additional renewal for a period up to one (1) year. Such renewal may,
within the discretion of the designated official, be granted if the sign is in good and sound condition and meets the
requirements of this article. Appeals of decisions of the designated official under this section shall be allowed under
section 3.09.010 (meritorious exceptions and appeals). (Ordinance 2004-02, sec. XI, adopted 1/19/04; Ordinance
2005-03, sec. 9, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.08; Ordinance 2015-23, sec. 4.11, adopted 10/13/15)
Sec. 3.09.009 Nonconforming uses
(a) Generally. Any existing sign that does not conform to the regulations stated herein shall be deemed a
nonconforming sign and shall be subject to the provisions of section 3.09.011 of this article. It is the declared
purpose of this section that nonconforming signs and signs directing attention to nonconforming uses eventually
discontinue and the signage comply with the regulations stated herein, having due regard for the investment in
such signs.
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(b) Authority to remove certain signs. The designated official, after ten (10) days written notice to the owner of
the premises on which the sign is located, shall have the authority to remove any nonconforming sign which
either:
(1) Was not permanently affixed to the ground on the effective date of this article; or
(2) Was erected in violation of this article or other town code in effect at the time of its erection.
(c) Order to remove. The town council may order nonconforming signs to be removed upon and subject to
compliance with chapter 216, Texas Local Government Code, as amended, provided that the signs:
(1) Are not permanently affixed to the ground on the effective date of this article;
(2) Were erected in conformity with this article and/or other town codes in effect at the time of their erection;
and
(3) Remain in place after six (6) months from the effective date of this article.
(d) Signs on premises of nonconforming use or building. An owner of any lawfully existing nonconforming use
or building may erect and maintain a sign in accordance with the regulations contained herein.
(e) Moving, relocating, or altering of signs. No nonconforming sign shall be moved, altered, removed and
reinstalled, or replaced unless it is brought into compliance with the requirements of this article.
(f) Change in use or occupant of a structure. Any nonconforming sign may continue to be utilized as long as
the occupancy within the structure remains the same. When a use changes from one occupancy category to
another, or when there is a change in occupant, all signs serving that occupant, shall be brought into
conformance with the provisions of this article.
(Ordinance 2004-02, sec. XII, adopted 1/19/04; Ordinance 2005-03, sec. 10, adopted 2/7/05; 2006 Code, ch. 5,
sec. 4.09; Ordinance 2015-23, sec. 4.12, adopted 10/13/15)
Sec. 3.09.010 Meritorious exceptions and appeals
(a) In the development of these criteria, a primary objective has been ensuring against the kind of signage that
has led to low visual quality. On the other hand, another primary objective has been the guarding against signage
over-control.
(b) It is not the intention of these criteria to discourage innovation. It is entirely conceivable that signage
proposals could be made that, while clearly nonconforming to this article and thus not allowable under these
criteria, have obvious merit in not only being appropriate to the particular site or location, but also in making a
positive contribution, to the visual environment. Upon request of an interested party, the town council, upon
recommendation by the planning and zoning commission, shall hear [and fairly] consider a request for a
meritorious exception under this section.
(c) In order to determine the suitability of alternate materials and methods of construction and to provide for
reasonable interpretation of the provisions of this article, the town council shall hear appeals with respect to any
actions of the designated official in the interpretation and enforcement of this article. Any such appeal shall be
brought, by written application filed by an interested party, to the designated official within ten (10) days after the
action of the designated official which is the subject of the appeal. Enforcement of this article shall be stayed
pending such appeal. In hearing such appeals, the planning and zoning commission shall review the
determination of the designated official and, in doing so, may consider whether or not the regulations and
standards of this article will, by reason of exceptional circumstances or surroundings, constitute a practical
difficulty or unnecessary hardship. The planning and zoning commission shall forward a recommendation to the
town council, who shall act on the subject of the appeal. A decision of the council shall be final.
(d) Unique signs that demonstrate increased quality and standards but do not meet the dimension standards
provided in this section may be permitted by means of “meritorious exception” as provided in this section.
(Ordinance 2004-02, sec. XIII, adopted 1/19/04; Ordinance 2005-03, sec. 11, adopted 2/7/05; 2006 Code, ch. 5,
sec. 4.10; Ordinance adopting Code; Ordinance 2015-23, sec. 4.13, adopted 10/13/15)
Sec. 3.09.011 Maintenance
(a) Generally. Each sign allowed by this article shall be maintained in a safe, presentable, and good condition,
including the replacement of defective parts and other acts required for the maintenance of such sign, without
altering the basic copy, design or structure of the sign. The building official shall require compliance or removal of
any sign determined by the building official to be in violation of this section in accordance with the enforcement
provisions set forth below.
(b) Dilapidated or deteriorated signs. No person shall maintain or permit to be maintained on any premises
owned or controlled by him or her any sign which is in a dilapidated or deteriorated condition as defined herein.
Upon notice of violation, any such sign shall be promptly removed or repaired by the owner of the sign or the
owner of the premises upon which the sign is located in accordance with the enforcement provisions set forth
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below.
(Ordinance 2005-03, sec. 12, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.11; Ordinance 2015-23, sec. 4.14, adopted
10/13/15)
Sec. 3.09.012 Violations
(a) A person shall be responsible for a violation of this article if the person is:
(1) The permit holder, owner, agent, or person(s) having the beneficial use of the sign;
(2) The owner of the land or structure on which the sign is located; or
(3) The person in charge of erecting the sign.
(b) It shall be unlawful for any person to erect, replace, alter, or relocate any sign within the town, or cause the
same to be done, without first obtaining a permit to do so from the building official of the town, except as
expressly allowed by this article.
(c) It shall be unlawful for any person to use, maintain, or otherwise allow the continued existence of any sign
for which the required permit was not obtained.
(d) It shall be unlawful for any person to install, construct, or display a prohibited sign, as defined herein, or any
sign in violation of the provisions of this article within the town or its extraterritorial jurisdiction.
(e) It shall be unlawful for any person to intentionally, knowingly or recklessly violate any term or provision of
this article.
(Ordinance 2005-03, sec. 13, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.12; Ordinance 2015-23, sec. 4.15, adopted
10/13/15)
Sec. 3.09.013 Enforcement procedure
(a) Authority. The designated official is hereby authorized to order the repair or removal of any dilapidated,
deteriorated, abandoned, illegal or prohibited signs from property within the corporate town limits or its
extraterritorial jurisdiction, in accordance with the enforcement mechanisms set forth in this section.
(b) Notice of violation. When the designated official determines that a sign located within the corporate town
limits or extraterritorial jurisdiction of the town is dilapidated, deteriorated, illegal, prohibited or abandoned, he
shall issue a notice of violation to the owner of the sign or to the owner, occupant, or person in control of the
property on which the sign is located.
(1) Contents of notice of violation. The notice of violation shall contain:
(A) Name of the owner, occupant, manager or other person in control of the property.
(B) Street address sufficient to identify the property on which the alleged violation occurred.
(C) Description of alleged violations and reference to the provisions of this article that have been violated.
(D) Statement of the action required to correct the violation and a deadline for completing the corrective action.
(E) Statement that failure to take the corrective action within the time specified may result in one or both of the
following consequences:
(i) A criminal penalty not exceeding the maximum amount allowed by law for each violation;
(ii) The town filing a civil action against owner seeking injunctive relief and/or civil penalties up to one thousand
dollars ($1,000.00) per day for each violation.
(F) Statement informing recipient of their right to appeal the decision of the designated official.
(2) Service of notice of violation. The designated official shall serve a written notice of violation on the owner of
the sign, or the owner, occupant, or person in control of the property on which the sign is located. The notice of
violation should be served by either hand delivery or by certified mail, return receipt requested. Service by
certified mail shall be effective three (3) days after the date of mailing.
(Ordinance 2005-03, sec. 14, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.13; Ordinance 2015-23, sec. 4.16, adopted
10/13/15)
Sec. 3.09.014 Enforcement remedies
(a) Criminal penalties. Any person, firm or corporation violating any of the provisions or terms of this article
shall be deemed guilty of a misdemeanor, and upon conviction thereof, be subject to a fine not exceeding two
thousand dollars ($2,000.00) for each offense, and each and every day or portion thereof that such violation shall
continue shall constitute a separate offense.
(b) Civil remedies. The town may file a civil action in state district court to enforce the requirements of this
article, seeking injunctive relief and/or civil penalties up to one thousand dollars ($1,000.00) per day for each
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offense as authorized by the Texas Local Government Code, as amended, or any other applicable law.
(c) Emergency removal of sign. The town may remove a sign, which the designated official finds to be an
immediate and imminent threat to the public safety because of its dilapidated, deteriorated or structural condition.
(d) Remedies cumulative. All remedies authorized under this article are cumulative of all others unless
otherwise expressly provided. Accordingly, the filing of a criminal action shall not preclude the pursuit of a civil or
administrative action for violation of this article nor shall the filing of a civil action preclude the pursuit of any other
action or remedy, administrative or criminal.
(Ordinance 2005-03, sec. 15, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.14; Ordinance 2015-23, sec. 4.17, adopted
10/13/15)
Sec. 3.09.015 Prohibited signs
All signs not specifically authorized by this article shall be prohibited. The following list is illustrative and is not
intended to be an exhaustive listing of prohibited signs:
(1) Obsolete signs. No person shall erect or allow to be displayed upon premises owned or controlled by them,
an obsolete sign.
(2) Obstructing signs. No person shall erect or allow to be displayed upon premises owned or controlled by
them, a sign that prevents free ingress to or egress from any door, window or fire escape.
(3) Signs displaying materials determined to be obscene by a court of law.
(4) Signs placed in any location which by reason of their location will obstruct the view of any authorized traffic
sign, signal, or other traffic-control device by vehicular or pedestrian traffic. No sign shall be erected which, by
reason of shape, color, size, design or position, would be reasonably likely to create confusion with, to be
confused as, or to interfere with any traffic signal or device which is authorized by the appropriate state or local
governmental authorities. Further, no sign shall be placed in a location that will obstruct vision of a vehicle
operator while entering, exiting, or traveling upon the public right-of-way, including without limitation, a vision
triangle.
(5) Signs placed so as to prevent or inhibit free ingress to or egress from any door, window, or any exitway
required by the building code of the town or by fire department regulations.
(6) A-frame and sandwich board signs.
(7) Signs located on public property, including but not limited to signs attached to any public utility pole or
structure, streetlight, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, or other location on public
property.
(8) Roof signs.
(9) Signs attached to a standpipe or fire escape.
(10) Bandit signs.
(11) Awning signs.
(12) Fence signs.
(13) Flashing signs.
(14) Off-premises (except as expressly allowed in this article).
(15) Projecting signs.
(16) No person shall attach any sign, paper or other material, or paint, stencil or write any name, number
(except house numbers) or otherwise mark on any sidewalk, curb, gutter, street, utility pole, public building, or
structure except as otherwise allowed by this article.
(Ordinance 2004-02, sec. XIV, adopted 1/19/04; Ordinance 2005-03, sec. 16, adopted 2/7/05; 2006 Code, ch. 5,
sec. 4.15; Ordinance 2015-23, sec. 4.18, adopted 10/13/15)
Sec. 3.09.016 Traffic safety
(a) Conflicts with public signs. No sign shall be erected or maintained at any location where by reason of its
position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with any
traffic-control sign, signal or device, or where it may interfere with, mislead or confuse traffic.
(b) Sight visibility restriction. No sign shall be located in any vision triangle as defined in section 3.09.001
(definitions).
(Ordinance 2004-02, sec. IV, adopted 1/19/04; Ordinance 2005-03, sec. 5, adopted 2/7/05; 2006 Code, ch. 5, sec.
4.04; Ordinance 2015-23, sec. 4.04, adopted 10/13/15)
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Sec. 3.09.017 Illuminated signs
Signs with external lighting shall be down-lighted. The light source shall be fully shielded such that it cannot be
seen from the property line of the site on which the sign is located. Although the light cast from the source may be
visible at the property line of an abutting residential property, any spillover light at the abutting residential property
line shall not exceed 0.02 footcandle of luminance. Neon signs shall be permitted by meritorious exception as
provided for in section 3.09.010 (meritorious exceptions and appeals). (Ordinance 2004-02, sec. III(C), adopted
1/19/04; Ordinance 2005-03, sec. 4(C), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.03(D); Ordinance 2008-15, sec.
2.03, adopted 5/19/08; Ordinance 2015-23, sec. 4.03(C), adopted 10/13/15)
Sec. 3.09.018 Miscellaneous types of signs
The following provisions shall apply to all areas and zoning districts of the town:
(1) Governmental signs. Nothing in this article shall be construed to prevent the display of a national or state
flag, or to limit flags, insignias, legal notices, or informational, directional or traffic signs which are legally required
or necessary to the essential functions of government agencies (state, federal, and the town only). Stop signs
and street signs placed within the town shall conform to the design specified in the town’s subdivision regulations
and other standards adopted by the town. Temporary government signs may be utilized by any governmental
agency and shall meet the requirements of section 3.09.067 in addition to other applicable requirements of this
article.
(2) Addresses. Address numerals and other signs required to be maintained by law or governmental order, rule
or regulation are allowed, provided that the content and size of the sign do not exceed the requirements of such
law, order, rule or regulation.
(3) Protective signs. The occupant of a premises may erect not more than two (2) protective signs in
accordance with the following provisions:
(A) Each sign must not exceed one (1) square foot in effective area;
(B) Detached signs must not exceed two (2) feet in height; and
(C) Letters must not exceed four (4) inches in height.
(4) Holiday decorations. Temporary holiday decorations are permitted.
(5) Vehicular signs. Vehicular signs are prohibited except as specifically allowed by this article; however,
vehicular signs shall be allowed on construction trailers, on construction sites, on transport vehicles being loaded
or unloaded, and on passenger vehicles parked at the owner’s or user’s place of residence or business.
(6) Exempt banner signs. Banner signs not used for commercial purposes, when located wholly on private real
property, shall not be considered signs for the purposes of this article and are therefore exempt from its
regulations.
(Ordinance 2004-02, sec. VII, adopted 1/19/04; Ordinance 2005-03, sec. 4(D), adopted 2/7/05; 2006 Code, ch. 5,
sec. 4.03(E); Ordinance 2008-15, sec. 2.03, adopted 5/19/08; Ordinance 2015-23, sec. 4.03(D), (G), adopted
10/13/15)
Sec. 3.09.019 Billboard signs, CEVMS and electronic message board signs
(a) Billboard signs and CEVMS billboard signs. Pursuant to section 3.09.092, billboard signs are not allowed
within the town or its extraterritorial jurisdiction unless specifically authorized by the town council upon
recommendation of the town planning and zoning commission. The erection of new CEVMS billboard signs or the
modification or conversion of existing billboard signs into CEVMS within the town limits and the extraterritorial
jurisdiction of the town is hereby expressly prohibited.
(b) CEVMS or electronic message board signs other than billboard signs. For CEVMS or signs with electronic
message boards, other than billboard signs, the approval of town council upon recommendation of the town
planning and zoning commission is required to convert any existing sign into or to construct any new sign as a
CEVMS or to construct any existing sign into or to convert any new sign into a sign with an electronic message
board.
(2006 Code, ch. 5, sec. 4.03(F), (G); Ordinance 2008-15, sec. 2.04, adopted 5/19/08; Ordinance 2015-23, sec.
4.03(E)–(F), adopted 10/13/15)
Secs. 3.09.020–3.09.060 Reserved
Division 2. Temporary Signs
Sec. 3.09.061 General regulations
Except as specifically provided in this section or in section 3.09.062 political signs, section 3.09.064 real estate
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signs - limited purposes on-premises signs, or section 3.09.066 religious institutional signs, the following regulations
shall apply to all temporary signs as identified herein, including but not limited to banner signs, builder signs,
development signs, inflatable signs, model home signs, service contractor signs, and special purpose directional
(special event permit only) signs.
(1) Duration. All temporary signs meeting the requirements of this article, shall only be erected or maintained in
a location allowed under this article for a maximum period of sixty (60) days before the signs must be replaced or
removed as required by this article. Temporary signs shall be kept in good repair and proper state of preservation
during the entire time that they are erected. Temporary signs advertising an event, election, function or activity
shall be removed within three (3) days following the date of such event, election, function or activity. Failure to
remove such signs within the three (3) day period shall give the designated official the authority to remove such
signs without notice.
(2) Town-owned/leased property.
(A) Medians/right-of-way/Highway 114. Except for temporary signs placed on the public right-of-way portion of
either residentially or nonresidentially zoned private real property with the permission of the property owner, and
meeting the requirements of section 3.09.062(d)(1) or section 3.09.062(d)(2), as applicable, no temporary sign
shall be erected or placed on town-owned or leased property, including without limitation, the median and right-of-
way. Town right-of-way includes the right-of-way within the town’s corporate limits along state Highway 114.
Notwithstanding the foregoing, temporary signs allowed pursuant to a special event permit or as otherwise
expressly authorized by this article shall be allowed on town-owned or leased property in accordance with the
terms of an approved special event permit or specific provision of this article.
(B) Sign walkers with temporary signs. Sign walkers with temporary signs shall be prohibited upon all town-
owned property, including without limitation, public medians and public right-of-way.
(3) Safety hazard prohibited. Temporary signs shall not be installed in any manner that may result in a potential
safety hazard of any type, including, but not limited to placement in any town right-of-way and/or within in a vision
triangle.
(4) Private real property.
(A) Nonresidential zoning. No temporary sign shall be erected or placed on private real property zoned for
nonresidential use, including but not limited to vacant lots or tracts, unless the property owner upon which such
sign is placed has given written permission and such documentation is provided to the town secretary, or
designee, at least one (1) business day prior to the placement of the sign on the property. Written permission
shall be valid for one (1) calendar year from the date upon which permission is provided. Temporary signs for
which permission has been authorized shall comply with all applicable requirements of this article.
(B) Residential zoning. No temporary sign shall be erected or placed on private real property zoned for
residential use, including but not limited to property owned by a homeowners’ association, unless the property
owner, has given verbal or written permission. The owner may remove and discard any such signs placed on the
property in violation of this section without prior notice. Temporary signs for which permission has been
authorized shall comply with all applicable requirements of this article.
(5) Number, size and placement.
(A) A temporary sign shall not exceed the maximum height and size limitations as set forth in this article,
including without limitation, section 3.09.092, of this article. No more than one (1) of such signs shall be erected
on any parcel of land unless expressly authorized for the sign type in section 3.09.092. As used in this section
“parcel” shall mean a piece of land having fixed boundaries, whether those boundaries are fixed by plat or by
metes and bounds.
(B) The front and back surface of a temporary sign shall constitute one (1) sign. For signs with three (3) or
more surfaces, each surface shall constitute a separate sign for purposes of size requirements. Signs with three
(3) or more surfaces are prohibited on residentially zoned parcels of land.
(C) In the event that the number of temporary signs upon a lot or property exceeds the total number permitted
by this article, the signs in excess of the number permitted shall be deemed to be in violation of this article. For
nonresidentially zoned districts, the designated official shall have the authority to immediately remove the signs
and shall hold the signs for five (5) calendar days for disposal.
(6) Removal. Any temporary sign placed, erected, or maintained in violation of this article may be removed by
the designated official, property owner without prior notice of any kind.
(7) Vehicle mounted temporary signs. A temporary sign which is mounted or placed on any trailer or vehicle
and which is not permanently affixed to the trailer or vehicle is permitted. A vehicle with such a sign may be
parked on a public street in accordance with the town’s parking regulations. For purposes of this subsection, a
temporary sign otherwise required by this article to be supported by the ground is not required to be supported by
the ground if it is mounted or placed on a trailer or vehicle in accordance with this section.
57
(8) Exemption from permit/regulations. Temporary signs shall not require a sign permit unless specifically
required by this article or by the schedule of fees adopted by the town.
(9) Zoning districts. Temporary signs shall only be allowed in those zoning districts designated for the specific
sign type in accordance with section 3.09.092, of this article.
(Ordinance 2005-03, sec. 6(A), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.05(A); Ordinance 2015-23, sec. 4.08,
adopted 10/13/15)
Sec. 3.09.062 Political signs
(a) Duration. All political signs meeting the requirements of this article, shall only be erected or maintained in a
location allowed under this article for a maximum period of ninety (90) days before the signs must be replaced or
removed as required by this article. Political signs shall be kept in good repair and proper state of preservation
during the entire time that they are erected. Political signs advertising an event, election, function or activity shall
be removed within ten (10) days following the date of such event, election, function or activity. Failure to remove
such signs within the ten (10) day period shall give the designated official the authority to remove such signs
without notice.
(b) Town-owned/leased property.
(1) Medians/right-of-way/Highway 114. Except for political signs placed on the public right-of-way portion of
either residentially or nonresidentially zoned private real property with the permission of the property owner, and
meeting the requirements of subsection (d)(1) or (d)(2) below, as applicable, no political sign shall be erected or
placed on town-owned or leased property, including without limitation, the median and right-of-way. Town right-of-
way includes the right-of-way within the town’s corporate limits along state Highway 114. Notwithstanding the
foregoing, political signs allowed pursuant to a special event permit or as otherwise expressly authorized by this
article shall be allowed on town-owned or leased property in accordance with the terms of an approved special
event permit.
(2) Sign walkers with political signs. Sign walkers with political signs shall be prohibited upon all town-owned
property, including without limitation, public medians and public right-of-way.
(c) Safety hazard prohibited. Political signs shall not be installed in any manner that may result in a potential
safety hazard of any type, including, but not limited to placement in any town right-of-way and/or within in a vision
triangle.
(d) Private real property.
(1) Nonresidential zoning. No political sign shall be erected or placed on private real property zoned for
nonresidential use, including but not limited to vacant lots or tracts, unless the property owner or other person
having custody or control over the property upon which such sign is placed or his or her authorized agent or
representative has given written permission and such documentation is provided to the town secretary, or
designee, at least one (1) business day prior to the placement of the sign on the property. Such written
permission filed with the town shall only be valid until December 31st of the year in which it was submitted.
Political signs for which permission has been authorized shall comply with all applicable requirements of this
article. The property owner may remove and discard any such signs placed on the property without permission.
(2) Residential zoning. No political sign shall be erected or placed on private real property zoned for residential
use, including but not limited to property owned by a homeowners’ association, unless the property owner has
given verbal or written permission. Political signs for which permission has been authorized shall comply with all
applicable requirements of this article. The property owner may remove and discard any such signs placed on the
property without permission.
(e) Number, size and placement.
(1) A political sign shall not exceed thirty-six (36) square feet in area nor exceed eight feet (8') in height, as
measured from the ground. A political sign may not be illuminated or have any moving elements. No more than
one (1) of such signs for each political candidate and two (2) of such signs per issue on the election ballot shall
be erected on any parcel of land. As used in this section “parcel” shall mean a piece of land having fixed
boundaries, whether those boundaries are fixed by plat or by metes and bounds.
(2) The front and back surface of a political sign shall constitute one (1) sign. For signs with three (3) or more
surfaces, each surface shall constitute a separate sign for purposes of size requirements. Signs with three (3) or
more surfaces are prohibited on residentially zoned parcels of land.
(3) In the event that the number of political signs upon a lot or property exceeds the total number permitted by
this article, the political signs in excess of the number permitted shall be deemed to be in violation of this article.
(f) Removal. The designated official shall have the authority to immediately remove signs in violation of this
article and shall hold the signs for five (5) calendar days for disposal. Additionally, any political sign placed,
erected, or maintained in violation of this article may be removed by the owner of the property upon which the
58
sign has been placed without prior notice of any kind.
(g) Vehicle mounted political signs. A political sign which is mounted or placed on any trailer or vehicle and
which is not permanently affixed to the trailer or vehicle is permitted. A vehicle with such a sign may be parked on
a public street in accordance with the town’s parking regulations. For purposes of this subsection, a political sign
otherwise required by this article to be supported by the ground is not required to be supported by the ground if it
is mounted or placed on a trailer or vehicle in accordance with this section.
(h) Exemption from permit/regulations. Political signs shall not require a sign permit, and except as regulated
by this section, are exempt from the remainder of the regulations contained in this article.
(i) Zoning districts. Political signs complying with the requirements of this article shall be allowed in all zoning
districts of the town.
(j) Illumination. Political signs shall not be illuminated and shall comply with all other requirements of this
article.
(Ordinance 2004-02, sec. V, adopted 1/19/04; Ordinance 2005-03, sec. 6(B), adopted 2/7/05; 2006 Code, ch. 5,
sec. 4.05(B); Ordinance 2007-10 adopted 3/5/07; Ordinance 2008-11, sec. II, adopted 3/3/08; Ordinance 2015-23,
sec. 4.05, adopted 10/13/15)
Sec. 3.09.063 Banner signs
(a) Number, size and placement. Only one (1) banner sign per premises or lease space shall be allowed. The
size of such sign shall be no more than thirty-six (36) square feet per premises or lease space. Display of banner
signs shall comply with the requirements of subsection (b) of this section and shall be allowed no more than two
(2) times annually.
(b) Duration. Banner signs shall be permitted for no more than thirty (30) consecutive days. At least ninety (90)
days shall lapse between the end of the first period of display and the beginning of the second period of display.
(c) Zoning districts. Banner signs shall only be allowed in nonresidential zoning districts.
(Ordinance 2005-03, sec. 6(C), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.05(C); Ordinance 2015-23, sec. 4.08,
adopted 10/13/15)
Sec. 3.09.064 Real estate signs - limited purpose on-premises signs
Real estate signs are authorized as a limited purpose on-premises sign for private real property zoned for residential
and nonresidential use as well as town-owned property and may be erected, in addition to permanent signage, in
accordance with this section:
(1) Duration. All real estate signs meeting the requirements of this article, shall be maintained in good condition
and shall be removed within three (3) days following the sale, lease or rental of the property upon which they are
located. Failure to remove such signs within the three (3) day period shall give the designated official the
authority to remove such signs without notice.
(2) Town-owned/leased property.
(A) Medians/right-of-way/Highway 114. No real estate sign shall be erected or placed on town-owned or leased
property, including without limitation, in a public median or a public right-of-way. Any real estate sign so erected
or placed upon town-owned or leased property may be removed by the designated official without notice.
(B) Sign walkers with real estate signs. Sign walkers with real estate signs shall be prohibited upon all town-
owned property, including without limitation, public medians and public right-of-way.
(3) Open house signs. Only on-premises “open house” signs shall be allowed. Such signs shall not be placed
in a vision triangle. In the event that any such sign is not in compliance, the designated official of the town may
remove the sign without prior notice. Signs shall not be permitted to be within any median or right-of-way in the
town.
(5) Safety hazard prohibited. Real estate signs shall not be installed in any manner that may result in a
potential safety hazard of any type, including but not limited to placement in any town right-of-way and/or within in
a vision triangle.
(6) Private real property - residential and nonresidential zoning. No real estate sign shall be erected or placed
on private real property zoned for either residential or nonresidential use, including but not limited to vacant lots
or tracts, unless the property owner has given verbal or written permission. Only on-premises real estate signs
meeting the requirements of this article shall be allowed. Real estate signs shall not be illuminated and shall
comply with all other requirements of this article. Riders may be attached to real estate signs as allowed by this
article. Real estate signs for which permission has been authorized shall comply with all applicable requirements
of this article. The property owner may remove and discard any such signs placed on the property without
permission.
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(7) Directional real estate signs. Except as specifically allowed for special events, off-premises directional signs
for real estate or open house purposes shall not be allowed within the town.
(8) Number, size, and location.
(A) A real estate sign shall contain no more than two (2) sides and shall not exceed six (6) square feet of text
area on each side, including any riders. Signs larger than six (6) square feet of text area shall be considered as
being permanent commercial signs or institutional signs and shall be subject to section 3.09.091 of this article.
(B) The maximum height of such signs or sign post vertical member shall not exceed six (6) feet, as measured
from the ground.
(C) On all lots other than golf course lots, real estate signs shall be limited to one (1) advertising sign and one
(1) “open house” sign per lot. On lots adjoining a golf course, one (1) additional real estate advertising sign may
be placed to face the golf course. One (1) rider may be placed on each real estate sign allowed by this section.
(9) Removal. The designated official shall have the authority to immediately remove signs in violation of this
article and shall hold the signs for five (5) calendar days for disposal. Additionally, any real estate placed,
erected, or maintained in violation of this article may be removed by the owner of the property upon which the
sign has been placed without prior notice of any kind.
(10) Vehicle mounted real estate signs. A real estate sign which is mounted or placed on any trailer or vehicle
and which is not permanently affixed to the trailer or vehicle is permitted. A vehicle with such a sign may be
parked on a public street in accordance with the town’s parking regulations. For purposes of this subsection, a
real estate sign otherwise required by this article to be supported by the ground is not required to be supported by
the ground if it is mounted or placed on a trailer or vehicle in accordance with this section.
(11) Exemption from permit/regulations. Real estate signs shall not require a sign permit, and except as
regulated by this section, are exempt from the remainder of the regulations contained in this article.
(12) Zoning districts. Real estate signs complying with the requirements of this article shall be allowed in all
zoning districts of the town.
(13) Illumination. Real estate signs shall not be illuminated and shall comply with all other requirements of this
article.
(Ordinance 2004-02, sec. VI, adopted 1/19/04; Ordinance 2005-03, sec. 6(D), adopted 2/7/05; 2006 Code, ch. 5,
sec. 4.05(D); Ordinance 2015-23, sec. 4.06, adopted 10/13/15)
Sec. 3.09.065 Special purpose signs
Special purpose signs complying with the provisions of this section shall be allowed in conjunction with special
events provided that a special event permit issued pursuant to article 1.09 of this code has been obtained for the
event. Special purpose signs may be posted for events that are expressly exempt from the requirements of article
1.09 of this code provided however that all such signs shall comply with the requirements of this section and other
applicable provisions of this article.
(1) Number, size and placement.
(A) Banner signs. One (1) banner, not to exceed fifty (50) square feet, shall be allowed on the special event
site. Placement of the banner shall be subject to the requirements of the special event permit or the approval of
the community development director when a special event permit is not required. A banner shall not be strung
between trees, but shall be securely attached to a building, or securely strung between two (2) temporary poles.
(B) Informational and directional signs. Special purpose signs, including without limitation, directional signs and
directional real estate signs, shall only be allowed for special events pursuant to a special event permit. Except as
specifically allowed for in this section, directional signs shall not be allowed within the town. In addition to the
requirement to obtain a special event permit, prior to the placement of a special purpose sign, any person or
entity placing such a sign shall also have received authorization or approval for such placement from the owner of
the property upon which such sign is placed, and shall comply with applicable notification requirements set forth
in this article.
(2) Duration. Special purpose signs authorized by this section in accordance with a valid special event permit
shall be allowed up to fourteen (14) days prior to the date of the event. All signage shall be removed within
twenty-four (24) hours following the conclusion of the event.
(Ordinance 2005-03, sec. 6(E), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.05(E); Ordinance 2011-14, sec. 2.02,
adopted 4/4/11; Ordinance 2012-09, sec. 2.09, adopted 5/7/12; Ordinance 2015-23, sec. 4.08, adopted 10/13/15)
Sec. 3.09.066 Religious institutional signs
(a) Generally. Religious institutional signs shall not contain any commercial message.
(b) Zoning districts. Religious institutional signs complying with the requirements of this article shall be allowed
60
in all zoning districts of the town.
(Ordinance 2015-23, sec. 4.07, adopted 10/13/15)
Sec. 3.09.067 Government signs
Temporary government signs may include those signs of any government agency, including agencies other than
the state government, federal government or the town, and may be placed for a limited time to provide time specific,
seasonal, or other necessary public service or regulatory information to the community. These signs shall require
a temporary permit and shall otherwise comply with all requirements of this article, including without limitation, all
regulations governing temporary signs. (Ordinance 2015-23, sec. 4.08, adopted 10/13/15)
Secs. 3.09.068–3.09.090 Reserved
Division 3. Commercial and Institutional Signs
Sec. 3.09.091 General regulations
Permanent commercial signs and institutional signs shall include the following sign types and shall be subject to
the following provisions:
(1) On-premises signs (monument and wall). Signs in areas zoned for nonresidential purposes shall be on-
premises signs.
(2) Maximum gross surface area. The face of each sign shall not exceed the gross surface area as outlined in
this division.
(3) Height of monument signs. Monument signs shall not exceed ten feet (10') in height.
(4) Signs painted on building. No commercial sign shall be allowed which is painted on the wall of any building
or on any part of a building.
(5) Exemptions. Signs owned, constructed and used by the town to provide information, direction and
enforcement shall be exempt from these requirements.
(6) Wall signs. Wall signs shall be centered horizontally on the store frontage for a tenant’s space. The
maximum copy height shall not exceed two feet (2'), six inches (6"). The minimum copy height shall be one foot
(1'), two inches (2"). The mounted copy depth shall be five inches (5"). Wall signs shall not project more than
twelve inches from the wall surface.
(7) Illumination of signs.
(A) Internally lit, individual aluminum channel letters shall have a 1/8" Plexiglas front. The raceway shall be
painted to match the surface upon which it is mounted.
(B) The raceway shall allow appropriate internal reinforcing and adequate service access for all hardware. No
wiring, angle iron or other supports shall be exposed. The raceway shall contain all transformers and wiring for
the letters.
(C) Illuminated signs which are visible through the window of a tenant’s space shall be set back a minimum of
two (2") inches from the face of the window. The distance shall be measured from the front surface of the sign to
the face of the window. If the front surface contains letters or other symbols that project outward, then the
distance shall be measured from that point.
(Ordinance 2004-02, sec. VIII, adopted 1/19/04; Ordinance 2005-03, sec. 7(A), adopted 2/7/05; 2006 Code, ch. 5,
sec. 4.06(A); Ordinance 2015-23, sec. 4.09, adopted 10/13/15)
61
Sec. 3.09.092 Table of signage criteria
The following table entitled “signage criteria” contains regulations applicable to the sign types listed below. No
person shall construct, allow, maintain or allow the construction or maintenance of sign in violation of any of the
regulations provided below:
Sign Type Maximum Number Maximum Size &
Height Maximum
Duration Zoning District Permanent/
Temporary
A-frame/sandwich board Prohibited
Apartment 1 per entry 50 sq. ft. Life of permit Residential Permanent
Awning Prohibited
Bandit Prohibited
Banner, feather flag, tear
drop flag, wind device,
bow flag
1 per premises or lease
space no more than 2
times annually
36 sq. ft. N/A 30 days Nonresidential Temporary
Billboard Along property which
abuts State Highway 114 To be determined by the town council
upon recommendation of the planning
& zoning commission
Nonresidential Permanent
Builder/contractor 2 per premises 6 sq. ft. 4 ft. Removed upon
sale, lease,
rental
All districts Temporary
Bulletin board To be determined by the town council upon recommendation of the
planning & zoning commission Residential Permanent
Canopy 25 sq. ft. or 10% of the face of the canopy of
which it is a part of or to which it is attached,
whichever is greater
Life of structure Nonresidential Permanent
Contractor service No limit provided total
combined sq. footage
does not exceed 6 sq. ft.
6 sq. ft. 4 ft. 14 days after
completion of
service
All districts Temporary
CEVMS 1 per premises with
approval of the town
council upon
recommendation of the
planning and zoning
commission; not allowed
on billboards
50 sq. ft. 4 ft. Life of permit All districts Permanent
Development 1 per project/premises 32 sq. ft. 5 ft. Residential:
90% of all
lots/houses sold
Commercial:
Completion of
project
All districts Temporary
Directional 6 sq. ft. 3 ft. Life of permit All districts Permanent
Directional temporary
real estate Prohibited except as allowed with a special event permit Temporary
Directory 1 per premises To be determined by the town council
upon recommendation of the planning
& zoning commission
Nonresidential Permanent
62
Electronic message
boards 1 per premises with
approval of the town
council upon
recommendation of the
planning and zoning
commission; not allowed
on billboards
50 sq. ft. 4 ft. Life of permit All districts Permanent
Fence Prohibited
Flashing Prohibited
Government permanent No limit - as required All districts Permanent
Government temporary Restricted Temporary
Ground 1 per entry/premises 16 sq. ft. 4 ft. Life of permit All districts Permanent
Illuminated 1 per premises 50 sq. ft. Life of permit Nonresidential Permanent
Inflatable 1 per premises To be determined by the town council
upon recommendation of the planning
& zoning commission
All districts Temporary
Institutional 1 per entry/premises 50 sq. ft. 4 ft. Life of permit Nonresidential Permanent
Model home 1 per model home 16 sq. ft. 4 ft. Removed upon
sale, lease,
rental
Residential
districts Temporary
Monument 1 per entry/premises 50 sq. ft. 10 ft. Life of permit All districts Permanent
Nameplate 1 per lease space 2 sq. ft. 1 ft. Life of permit Nonresidential Permanent
Off-premises Prohibited
Political 1 per political candidate &
2 per issue on the
election ballot per
premises
36 sq. ft. 8 ft. 90 days before
& 10 days after
election
All districts Temporary
Portable Restricted
Projecting Prohibited
Protective 2 per premises 1 sq. ft. 2 ft. Life of structure All districts Temporary or
Permanent
Real estate Restricted
Rider Allowed with real estate sign
Roof Prohibited
Special purpose 1 per premises/lot 6 sq. ft. 4 ft. 14 days prior/24
hr following All districts Temporary
Temporary pole 1 per premises/lot 32 sq. ft. 5 ft. 1 year from
temporary
permit issuance
All districts Temporary
63
Wall 1 per lease space 40 sq. ft. or the
product of 2 times
the lineal width of the
wall, whichever
greater. Shall not
exceed 75% of the
width or the height of
the available wall
area or store
frontage for a
tenant’s space
Life of permit Nonresidential Permanent
Window No limit provided total combined sq. footage
does not exceed 25% of the visible window area
available in the absence of any signs
Life of permit Nonresidential Permanent
(Ordinance 2004-02, sec. VIII, adopted 1/19/04; Ordinance 2005-03, sec. 7(B), adopted 2/7/05; 2006 Code, ch. 5,
sec. 4.06(B); Ordinance 2008-15, secs. 2.05, 2.06, adopted 5/19/08; Ordinance 2015-23, sec. 4.09, adopted
10/13/15)
64
Page 1 of 2
To: Mayor and Town Council
From: Wade Carroll, Town Manager
CC: Letty Vacek, Town Secretary
Re: ILA for Fire Services between Town of Trophy Club and MUD#1
Town Council Meeting August 24, 2021
Agenda Item:
Take appropriate action to approve an Interlocal Agreement (ILA) with the Town of Trophy Club
and the Trophy Club Municipal Utility District No. 1 for Fire Protection Services. (W. Carroll)
Strategic Link:
This item relates primarily to the following strategic priorities and goals of the Town’s strategy
map.
Safety and Security - Achieve exceedingly high standards for public safety and low crime rates
Background and Explanation:
In 2016 the Town of Trophy Club entered into an Interlocal Agreement with the Trophy Club
Municipal Utility District No. 1 for administration of fire protective services. As the Town and
MUD have evolved there were several changes that were identified that would improve the
document and allow for better administration between the two entities. The Town and MUD
have also expressed a desire to see the eventual transfer of the Fire Department from the MUD
to the Town. The changes reflected in this document put both entities in a better position to
make this change in the future.
The amended ILA is the work of a subcommittee made up of 3 Town Council members, 2 MUD
directors and staff from both parties. The final ILA, agreed upon by the subcommittee, was
presented to the MUD and approved on Monday August 16th and is before Council for
consideration.
Legal Review:
Both the attorney for the Town and the attorney for the MUD have read and approved the
document.
Board/Commission/ or Committee Recommendation:
65
Page 2 of 2
The Joint Town/MUD Subcommittee recommend the approval of the amended ILA for fire
services.
Staff Recommendation:
Staff recommends the approval of the Interlocal Agreement (ILA) with the Town of Trophy Club
and the Trophy Club Municipal Utility District No. 1 for Fire Protection Services.
Attachments:
• Amended and Restated Interlocal Cooperation Agreement for Administration of the Fire
Protection Services
66
AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT
FOR ADMINISTRATION OF FIRE PROTECTION SERVICES
THIS AGREEMENT is made and entered into as of the Effective Date, by and
between Trophy Club Municipal Utility District No. 1, a district created pursuant to
Section 59 , Article XVI, Texas Constitution and the Texas Water Code , Chapter 54
hereinafter referred to as "District", and the Town of Trophy Club, a home rule
municipal corporation, hereinafter referred to as "Town".
WIT N E S S E T H:
WHEREAS, District is a duly organized political subdivision of the State of Texas
engaged in the administration of fire protection and related services for the benefit of
those persons residing, traveling within, or being physically located within the boundaries
of District, which boundaries include, without limitation, portions of the incorporated and
unincorporated limits of the Town of Trophy Club, Texas; and
WHEREAS, the District and the Town are parties to that certain lnterlocal
Cooperation Agreement for Administration of Fire Protection Services" dated September
19 , 2016 (the "Prior I LA") setting forth certain agreements of the parties relating to Fire-
Fighting Activities, Fire Protection Services, and Fire Functions (as hereinafter defined)
to residents of the District and the Town, including to residents of the Trophy Club Public
Improvement District No . 1 (hereinafter also referred to as "PID");
WHEREAS, the provision of Fire Functions is a governmental function that serves
the public health and welfare, promotes efficiency and effectiveness of local governments ,
and is of mutual concern to the contracting parties; and
WHEREAS, District is individually authorized to perform Fire Functions pursuant
to Section 49.351 of the Texas Water Code, and the Town is individually authorized to
perform Fire Functions pursuant to its police powers and the parties desire to enter into
this Agreement regarding the performance of Fire Functions ; and
WHEREAS, the lnterlocal Cooperation Act, Texas Government Code, Chapter
791, et seq ., as amended (the "Act") provides authority for governmental entities of the
State of Texas to enter into interlocal agreements with each other regarding governmental
functions and services as set forth in the Act; and
WHEREAS, Town and District have determined it necessary and appropriate to
enter into a new agreement for the operation of Fire Protection Services superseding the
Prior ILA for Fire Protection Services.
NOW, THEREFORE, District and Town, for and in consideration of the recitals set
forth above and terms and conditions below, agree as follows:
67
I.
Incorporation I Term
1.1 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Agreement.
1.2 Term. This Agreement shall become effective upon the Effective Date and shall
remain in effect until September 30, 2023. The Prior ILA shall terminate for all purposes
as of the Effective Date.
II.
Definitions
2.1 As used herein, the words and phrases hereinafter set forth shall have the
meanings as follows:
A. "Effective Date" shall mean October 1, 2021.
B. "Eligible Persons" shall mean those persons residing, traveling within, or being
physically located within the corporate boundaries of the Town of Trophy Club, Texas
and/or District, including without limitation both incorporated and unincorporated
areas, and shall also include those persons residing, traveling within, or being
physically located within the corporate boundaries of another political subdivision of
the State of Texas with whom Town and/or District have a mutual aid agreement to
provide fire protection services and those persons located within the fire district as
designated by Denton County and accepted by Town and/or District.
C. "Emergency Medical Services" shall mean any and all of the customary and usual
activities of trained paramedics providing emergency health care services,
D. "Fire-fighting Activities", "Fire Protection Services", or "Fire Functions" shall
mean any and all of the customary and usual activities of a fire department, including
fire suppression, fire prevention, training, safety education, maintenance,
communications, photography, and administration.
E. "Maximum Annual Payment Amount" means the maximum total payment that may
be made by District to Town each year to contribute funding to the cost of Fire
Functions. The Maximum Annual Payment Amount shall be the amount of revenues
available to the District from the levy of a fire tax without triggering the Voter Approval
Tax Rate. The District shall not be contractually obligated to levy, or collect, a tax to
pay the Maximum Annual Payment Amount to Town in any year, and in all cases, the
maximum annual payment obligation of District to Town under this Agreement shall
be limited to the final budget amount approved by the Board of Directors of the District.
F. "Voter Approval Tax Rate" shall have the meaning set forth in Section
49.23602(a)(4) of the Texas Water Code.
Page 1 of 11
68
Ill.
Budget and Funding
3.1 Budget and Funding Matters:
A. Budget Preparation: The parties agree to the following schedule of events for
purposes of preparation of an annual budget for funding Fire Functions:
i. Town shall prepare a preliminary draft budget for Fire Protection Services
and furnish that draft budget to the District on or before June 1 of each year . The
draft budget shall specify all projected revenues and expenses relating to Fire
Functions for the annual period and shall separately identify the expenses for
which District is responsible for payment in accordance with the funding provisions
of this Agreement.
ii. District shall provide initial comments and requested modifications to the
preliminary draft budget to the Town on or before June 30 of each year.
iii. After receipt of June preliminary appraised value information from Denton
and Tarrant County, but no later than June 3Qth of each year, District will provide
to Town a preliminary estimate of the Maximum Annual Payment Amount.
iv. Within seven (7) days after receipt of certified appraised value information
from Denton and Tarrant County, District will provide to Town the Maximum Annual
Payment Amount. To the extent District is aware of any obligations or
circumstances that would prevent District from funding the Maximum Annual
Payment Amount, District shall furnish such information and the best estimate of
available funding to be incorporated into the preliminary draft budget for Fire
Functions .
v. Representatives of Town and District shall cooperate in good faith to revise
and finalize a preliminary draft budget for Fire Functions for subsequent
consideration by the governing bodies of Town and District.
vi. The governing bodies of Town and District may, but shall not be obligated
to, meet before August 1 of each year (or such other date approved by the parties)
to discuss the preliminary budget.
vii. Each party shall adopt a fiscal year budget in accordance with their
respective statutory obligations, but the adopted budget for Fire Functions may not
allocate to District an annual payment obligation that exceeds the Maximum
Annual Payment Amount as furnished by District to Town based on final certified
appraised values in District or any lesser amount available for funding as
communicated by District to Town, or that includes any costs for which Town is
responsible for payment under this Agreement.
Page 2 of 11
69
B. Funding Obligations: District and Town shall share the funding of costs associated
with Fire Protection Services provided to Eligible Persons as defined herein, pursuant
to the approved Budget and in accordance with the terms of this Agreement; and,
under no circumstance shall the District's share of funding costs during any fiscal year
exceed the Maximum Annual Payment Amount or the budgeted expenses approved
by the District. Such funding shall be accomplished in accordance with the following
terms and conditions:
1) District shall continue to pay all debt service for debt previously incurred by District
for Fire Functions for as long as the debt remains outstanding .
2) District shall fund up to 50% of all budgeted costs of personnel providing Fire
Protection Services provided to Eligible Persons as defined herein.
3) Town shall fund the remaining percentage of all budgeted costs of personnel
providing Fire Protection Services provided to Eligible Persons as defined herein.
4) District shall fund up to 1 00% of budgeted costs of services and supplies
associated with Fire Protection Services and supplies.
5) In recognition that Fire Protection Services shall be provided to persons and
properties located within the Town but not within District, the Town shall levy and
collect an annual assessment on and collect from the owners of real property and
taxable improvements thereon located within the Town but not within District in
accordance with the Public Improvement District Act, Chapter 372 of the Texas
Local Government Code, as amended . Such assessment shall be adopted by
Town Council through the approval of the Annual Service and Assessment Plan
for Authorized Services for the Trophy Club Public Improvement District No. 1. If
the beneficial assessment determined in the SAP (Service and Assessment Plan)
is an amount less than the revenues that would be generated based on the fire tax
rate of District, Town shall fund the difference through other revenues identified in
Town's sole discretion.
6) Town shall pay for all costs associated with Fire Functions that are not part of the
approved budget. By way of example, if Town approves salary increases or
purchases equipment for Fire Functions outside of the approved budget, Town
shall be solely responsible for funding such costs.
7) The District agrees in good faith to communicate to the Town the intent to use fire
reserve funds not part of the approved budget that would reduce the fire reserve
fund balance below thirty (30) percent.
8) The District agrees to communicate the intent to create new debt related to Fire
Services allowing the Town the option to fund the expenditure prior to the debt
being issued.
Page 3 of 11
70
C. Payment: Payments from the District for the purpose of Fire Protection Services shall
be paid to the Town on a monthly basis. The monthly payments shall constitute the
entirety of the approved budget for District's payment divided by twelve (12) months,
minus total PID assessment fee for Fire Protection services, beginning on October 1
and concluding on September 30 of each fiscal year of the term of this Agreement.
Payments will become past due fifteen (15) business days after the established due
date.
The sole source of revenues for payment of the District's funding obligations under
this Agreement shall be the District's fire tax. Under no circumstances shall the District
be obligated to pay an amount to Town during a fiscal year that exceeds the Maximum
Annual Payment Amount or the amount of the budget for Fire Functions approved by
Board of Directors of District.
3.2 Audit, Revenues and Expenses:
A. Annual Audit and Revenues. Town shall conduct an annual audit by an independent
auditor that identifies the actual fiscal year expenses and revenues for Fire Functions.
The audit for each year shall be furnished to District on or prior to May 1 of the
subsequent year. By May 1 of each year, Town shall also identify and furnish to
District a listing of all revenues related to Fire Functions (whether or not budgeted) for
the prior year.
B. Expense Detail. Town shall furnish to District evidence of all expenses and costs
relating to Fire Functions funded by District (in whole or in part) within 15 days after
receipt of a request from District.
C. Reconciliation Payment. Any overpayment by District for a fiscal year period shall be
reimbursed by Town within 30 days after receipt of a written invoice for payment from
District. Overpayments may arise because the Town's expenses for Fire Functions
are less than budgeted, actual revenues are greater than budgeted, ineligible costs
are allocated to District, or for other reasons.
IV.
Operational Obligations and Rights of the Parties
4.1 District Obligations and Rights:
District and Town shall perform all of their respective duties and obligations as herein
stated and shall devote sufficient time and attention to the execution of such duties in full
compliance with the terms and conditions of this Agreement.
4.2 Town Obligations and Rights:
A. Upon the effective date of this Agreement, Town shall be responsible for providing
Fire Protection Services to Eligible Persons, including but not limited to assuming full
Page 4 of 11
71
responsibility for the operational control and management of Fire Protection Services.
The Town's responsibilities hereunder shall include, without limitation, the control, and
management of all personnel as more specifically set forth in Section VII and all policy
and personnel matters related to and arising out of providing Fire Protection Services
and the obligations specifically assumed hereunder.
B. Town, acting through its Town Manager or designees, shall oversee the daily
operations of Fire Protection Services.
C. The officers and employees of Town shall perform all duties and responsibilities
necessary to render Fire Protection Services to all Eligible Persons.
D. It shall be the responsibility and duty of Town, its officers and employees, within the
sole discretion of such officers and employees , to determine priorities in the
dispatching and use of such equipment and personnel to perform Fire Functions under
this Agreement.
E. Town shall have the authority to enter into mutual aid agreements on behalf of District
and Town to provide Fire Protection Services as deemed appropriate by Town . The
term of such agreements shall run concurrently with the term of this Agreement and
shall terminate upon termination of this Agreement.
F. Town shall perform all of its duties and obligations as herein stated and shall devote
sufficient time and attention to the execution of such duties provided on behalf of
District in full compliance with the terms and conditions of this Agreement and shall
provide immediate and direct supervision of employees, agents, contractors, sub-
contractors and/or laborers, if any, in the furtherance of the purposes, terms and
conditions of this agreement for the mutual benefit of Town and District.
G. District may hire Fire Auditors of their choice to review physical Fire Department assets
and operator practices on an annual basis for benefit of District and Town; audit may
occur during the month of April. (See Attachment "B"). All auditors fees for such audits
(excluding fiscal year financing audits) will be paid by the District.
H. The Town shall provide the District timely notice of any accident, damage, dangerous
or defective condition relating to District assets under this agreement.
v.
Assets
5.1 Ownership. Prior to the commencement of this agreement, all assets owned or
directly purchased by District utilized for Fire Protection Services shall remain the property
of District. This Agreement does not affect right, title or interest to such property. All assets
owned or directly purchased by Town utilized for Fire Protection Services shall remain
the property of the Town. This Agreement does not affect right, title, or interest to such
property.
Page 5 of 11
72
5.2 Ownership Upon Termination. Upon termination of this Agreement, each party
shall retain ownership of assets purchased with its respective funds unless both Town
and District elect to negotiate terms to transfer ownership to the other party.
VI.
Employee Supervision and Organization
6.1 Control and Oversight. Town shall have control and oversight over Fire
Protection Services and control and oversight over Emergency Medical Services. Town
shall have exclusive authority to establish Standard Operating Procedures for Fire/EMS
Protection Services. (hereinafter collectively, "SOPs").
6.2 Benefits and Human Resources Services. In accordance with Town personnel
policies, Town shall provide benefits and human resources services to all eligible
employees providing Fire Protection Services. DISTRICT shall provide funding as set
forth in Subsection 3.1 (B). The Parties understand and agree that on and after the
effective date of this Agreement, all employees providing Fire Protection Services shall
be Town employees and shall be solely subject to Town personnel policies and SOPs.
VII.
Consideration
The parties agree that sufficient consideration for this Agreement exists and is found in
the payments made pursuant to Section Ill of this Agreement and in the cross promises
set forth above and other good and valuable consideration. District's agreement to fund
Fire Functions as provided in Section Ill above in exchange for Town's agreement to
oversee and manage Fire Functions for Eligible Persons as provided in Section IV above,
shall serve as sufficient consideration under this Agreement. Each party hereto paying
for the performance of governmental functions or services shall make such payments
from current revenues legally available to the paying party. Each party further agrees that
it is fairly compensated for the services or functions performed under the terms of this
Agreement.
VIII.
Negligence of Parties/Insurance
8.1 Town Negligence/Insurance. Town shall be responsible for its sole negligence.
Town agrees to and accepts full responsibility for the acts, negligence, and/or omissions
of all Town's officers, employees, and agents acting under its direction. Town shall
provide liability insurance to cover the acts and omissions of Town, its officers,
employees, and agents performing obligations under this agreement, including but not
limited to all personnel providing Fire Protection Services. Town shall maintain general
liability insurance to cover Town owned or leased assets.
Page 6 of 11
73
8.2 District Negligence/Insurance. District shall be responsible for its sole
negligence. District agrees to and accepts full responsibility for the acts, negligence,
and/or omissions of all District's officers, employees, and agents acting under its direction.
District shall maintain general liability insurance to cover District owned or leased assets .
District shall provide liability insurance to cover the acts and omissions of District, its
officers, employees, and agents performing obligations under this Agreement.
IX.
Immunity
The fact that Town and District accept certain responsibilities relating to the rendering of
Fire Protection Services under this Agreement as part of their responsibility for providing
protection for the public health makes it imperative that the performance of these vital
services be recognized as a governmental function and that the doctrine of governmental
immunity shall be, and it is hereby, invoked to the extent possible under the law. Neither
Town nor District waives any immunity or defense that would otherwise be available to it
against claims arising from the exercise of governmental powers and functions.
X.
Default I Termination
In the event that either party hereto breaches any term or condition of this Agreement,
this Agreement may be terminated by the aggrieved party if such default is not cured
within a period of one hundred eighty (180) days after receipt of written notice of default
by the party allegedly in breach of its obligations hereunder. At the option of the aggrieved
party, if such default is not cured within the one hundred eighty (180) day period, this
Agreement shall immediately terminate without further notice, unless an extension is
mutually agreed and approved by both Town and District.
XI.
Entire Agreement
This Agreement represents the entire and integrated agreement between Town and
District and supersedes all prior negotiations, representations, and/or agreements, either
written or oral, including the Prior I LA. This Agreement may be amended only by written
instrument signed by both parties.
XII.
Venue
The laws of the State of Texas shall govern this Agreement and each of its terms and
provisions, including but not limited to the rights and duties of the parties hereto, and
exclusive venue shall be in Denton County, Texas.
Page 7 of 11
74
XIII.
Severability
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XIV.
Non-Waiver
All rights, remedies, and privileges permitted or available to either party under this
Agreement or at law or equity shall be cumulative and not alternative, and election of any
such right, remedy, or privilege shall not constitute a waiver or exclusive election of rights,
remedies or privileges with respect to any other permitted or available right, remedy or
privilege. Additionally, one instance of forbearance by either party in the enforcement of
any such right, remedy or privilege against the other party, shall not constitute a waiver
of such right, remedy or privilege by the forbearing party. A default by either party under
this Agreement shall not result in a forfeiture of any rights, remedies , or privileges under
this Agreement by such defaulting party.
XV.
ANNUAL DISTRICT FINANCIAL AUDIT
Town shall provide any documents requested by auditors of District no later than
November 30 of each year.
[The remainder of this page intentionally left blank.]
Page 8 of 11
75
Signature Authority
The undersigned officer and/or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this agreement on behalf of the
parties hereto and each party hereby certifies to the other that any necessary resolutions
extending such authority have been duly passed and are now in full force and effect.
EXECUTED in duplicate originals. The effective date of this Agreement shall be
-----' 2021.
ATTEST:
By:
Name :
~-~------~~--------Title: Town Secretary I RMO
ATTEST~/' I" _ r.J ____
By: \-L(JlLST
Name : Kelly Castonguay
Title: Secretary/Treasurer
TOWN OF TROPHY CLUB, TEXAS
By:
Name: ---------------Title : Mayor
Date :
TROPHY CLUB MUNICIP L UTILITY
DISTRI~J 0. 1 L
By: . ((_ \
Name: Steve Flynn
Title: President
Date: August16, 2021
Page 9 of 11 76
ACKNOWLEDGEMENTS
STATE OF TEXAS §
§
COUNTY OF DENTON §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day of
______ , 2021 by , Mayor of the TOWN OF TROPHY
CLUB, TEXAS, a home rule municipal corporation, on behalf of such corporation
STATE OF TEXAS §
§
COUNTY OF DENTON §
COUNTY OF TARRANT §
Notary Public in and for the State of
Texas
.r'l_ This instrument was acknowledged before me on the I /O-+-f\day of t::JL¥J JS t , 2021 by .~Ne. F \u n ll. , President of the TROPHY CLUB
MUN@IPAL UTILITY DISTRICT NO. 1, a c~nservation and reclamation district of the
State of Texas, on behalf of said district.
,,,,~~~~~~,, LAURIE SLAGHT
~~t: ••••• ~ ..... ., • f T ill...A:,'•:'f>': N•WY Public, State o exas
;,~ •• ~/~§ C•mm. Ex 11 i res 01 -19-2024 ~,,,t,·~f;~.;:-Not a ry II 12872053 -4
Page 10 of 11
77
Page 1 of 2
To: Mayor and Town Council
From: Mike Erwin, Finance Manager
CC: Wade L. Carroll, Town Manager
Leticia Vacek, Town Secretary
Re: Public Hearing on the Town Budget
Town Council Meeting, August 24, 2021
Agenda Item:
Conduct a Public Hearing regarding the proposed fiscal year October 1, 2021 to September 30,
2022 budget pursuant to Section 9.05 of the Town Charter and Local Government Code
102.006; making appropriations and providing for expenditures (W. Carroll).
Background and Explanation:
The proposed Fiscal Year 2022 budget has been presented to Council on August 10, 2021 – All
Funds. There are two changes from the FY22 Proposed Budget presented:
Move $125,000 from the Community Events in the General Fund to The Hotel Occupancy Tax
Fund.
Add $25,000 to the Capital Equipment Replacement Fund for Police mobile license plate reader.
Financial Considerations:
The Fiscal Year 2022 Budget represents the financial plan for the upcoming fiscal year.
Legal Review:
None applicable
Board/Commission/ or Committee Recommendation:
None applicable
Staff Recommendation:
N/A, public hearing
78
Page 2 of 2
Attachments:
Notice of Public Hearing on FY 2022 Proposed Budget
Town Council Approval:
Alicia L. Fleury or designee
79
80
Page 1 of 2
To: Mayor and Town Council
From: Wade L. Carroll, Town Manager
CC: Leticia Vacek, Town Secretary
Mike Erwin, Finance Manager
Re: FY 2022 Budget Adoption
Town Council Meeting, August 24, 2021
Agenda Item:
Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas
and Trophy Club Economic Development Corporation adopting and approving the Budget for the
fiscal year beginning October 1, 2021 and ending September 30, 2022, for the Town of Trophy
Club; making appropriations; providing for expenditures as allowed by applicable law; providing
for filing of documents; repealing conflicting ordinances; and providing an effective date (W.
Carroll).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
A public hearing was held on the proposed budget on August 24, 2021 as required by the Town
Charter and State Law.
Financial Considerations:
The Fiscal Year 2022 Budget represents the financial plan for the next fiscal year.
Legal Review:
Ordinance reviewed by Town Attorney
Board/Commission/ or Committee Recommendation:
None applicable
Staff Recommendation:
Staff recommends approval of Ordinance No. 2021-13
81
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Attachments:
Ordinance No. 2021-13.
All Funds Summary
Town Council Approval:
Mayor Alicia L. Fleury or designee
82
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2021-13
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AND
TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION
ADOPTING AND APPROVING THE BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022,
AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT,
PROJECT, OPERATION, ACTIVITY, PURCHASE, ACCOUNT AND
OTHER EXPENDITURES; PROVIDING FOR EMERGENCY
EXPENDITURES AND EXPENDITURES AS ALLOWED BY
APPLICABLE LAW; PROVIDING FOR FILING OF DOCUMENTS;
REPEALING CONFLICTING ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a home rule municipality regulated by
state law and it’s Charter; and
WHEREAS, the Charter of the Town provides that the Town Manager shall
prepare a proposed budget annually and submit that budget to Council; and
WHEREAS, the proposed budget for the Town of Trophy Club, Texas (the “Town”)
which has been filed with the Town Secretary is a budget to cover all proposed
expenditures of the Town for the fiscal year beginning October 1, 2021, and ending
September 30, 2022; and
WHEREAS, the budget shows as definitely as possible each of the various
projects for which appropriations are set up in the budget, shows the estimated amount
of money carried in the budget for each of such projects, and otherwise complies with all
requirements of the home rule Charter for the Town; and
WHEREAS, public notice of a public hearing on the proposed annual budget,
stating the date, time, and place and subject matter of the public hearing, was given as
required by the laws of the State of Texas and Town Charter; and
WHEREAS, the Town Council has studied the budget and listened to the
comments received at the public hearing and has determined that the budget attached
hereto is in the best interest of the Town of Trophy Club.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
83
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SECTION 1.
APPROVING THE BUDGET
The all funds summary attached hereto as Exhibit “A” and incorporated herein is
approved and adopted for the fiscal year beginning October 1, 2021, and ending
September 30, 2022; and there is hereby appropriated from the funds indicated and for
such purposes, respectively, such sums of money for such departments, projects,
operations, activities, purchases, accounts and other expenditures as proposed in the
attached budget.
SECTION 2.
PROVIDING EMERGENCY EXPENDITURES
Pursuant to state law, no expenditure of the funds of the Town shall hereafter be
made except in compliance with the budget and applicable state law; provided, however,
that in case of grave public necessity emergency expenditures to meet unusual and
unforeseen conditions, which could not by reasonable, diligent thought and attention have
been included in the original budget, may from time to time be authorized by the Town
Council as amendments to the original budget. Pursuant to Town Charter, the Council
may make emergency appropriations to address a public emergency affecting life, health,
property or the public peace.
SECTION 3.
BUDGET FILED
The Town Council shall cause to be filed a true and correct copy of the approved
budget, along with this Ordinance, with the Town Secretary and in the office of the County
Clerk of Denton County, and Tarrant County, Texas. Additionally, a copy of the budget
shall be posted on the Town’s internet website.
SECTION 4.
CONFLICT
Any and all ordinances, resolutions, rules or regulations in conflict with this
Ordinance are hereby repealed and rescinded to the extent of the conflict herewith.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby declares
it would have passed such remaining portions of this Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
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SECTION 6.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all provisions of any other Ordinance affecting budget requirements, which
have secured at the time of the effective date of this Ordinance.
SECTION 7.
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 8.
EFFECTIVE DATE
This Ordinance shall be effective from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 24th day of August 2021.
Alicia L. Fleury, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Leticia Vacek, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd, Town Attorney
Town of Trophy Club, Texas
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EXHIBIT “A”
FISCAL YEAR 2021-2022 BUDGET
ALL FUNDS SUMMARY
86
FY22 PROPOSED - 8/16/2021 x
FY22
Tax Rate
$0.446442
General Fund Debt Service
Fund
Capital Projects
Fund
Capital
Equipment
Replacement
Fund
Information
Services
Replacement
Fund
Hotel
Occupancy
Fund
Street
Maintenance
Sales Tax Fund
Court
Technology
Fund
Court Security
Fund CCPD Fund Recreation
Program Fund
Parkland
Dedication
Fund
Grants Fund Trophy Club
Park Fund
Stormwater
Drainage
Utility Fund
EDC 4B Fund TIRZ #1 Total
Beginning Fund Balance - FY20
CAFR less FY21 Exp 6,702,518$ 393,054$ 1,567,240$ 7,668$ 178,874$ 1,393,312$ 222,366$ 10,592$ 28,508$ 142,205$ 5,155$ 536,026$ 10,027$ 53,004$ 953,482$ 229,725$ (266,829)$ 12,166,927$
Revenue
Property Tax 7,680,000 2,528,740 80,088 10,288,828
Licenses and Permits 165,000 165,000
Franchise Fees 820,000 820,000
Sales Tax 1,311,800 300,000 300,000 653,625 28,050 2,593,475
Fines and Fees 307,090 1,000 5,000 6,000 225,000 438,600 982,690
Intergovernmental (MUD)898,700 898,700
Grants 85,000 85,000
Charges for Service 814,818 814,818
Investment Income 24,000 1,000 5,000 30,000
Miscellaneous Income 186,000 2,500 407,500 4,080 600,080
Contributions -
Total Revenue 12,292,408$ 2,531,240$ 1,000$ -$ -$ 412,500$ 300,000$ 1,000$ 5,000$ 300,000$ 6,000$ -$ -$ 225,000$ 438,600$ 657,705$ 108,138$ 17,278,591$
Expenditures
General Government 302,607 40,848 343,455
Manager's Office 806,864 806,864
Legal 126,350 126,350
Police 3,050,230 185,000 352,450 3,587,680
Emergency Medical Services 1,389,308 30,500 1,419,808
Fire 1,449,197 321,540 1,770,737
Streets 240,279 237,036 203,050 680,365
Parks 1,547,203 196,000 244,706 1,987,910
Recreation 758,119 44,000 6,000 808,119
Community Events 38,511 160,500 199,011
Community Development 419,112 419,112
Finance 573,158 573,158
Municipal Court 38,140 2,755 1,500 42,395
Human Resources 318,613 318,613
Communications 180,553 180,553
Information Services 669,668 100,000 769,668
Facility Maintenance 373,721 50,000 423,721
Debt Service 3,061,027 408 3,061,435
Capital - Projects 2,300,000 100,000 180,000 2,580,000
Total Expenditures 11,979,026$ 3,061,027$ 2,300,000$ 827,040$ 100,000$ 260,500$ 237,036$ 2,755$ 1,500$ 352,450$ 6,000$ 180,000$ -$ 244,706$ 203,050$ 303,015$ 40,848$ 20,098,953$
Current Revenues to
Expenditures 313,382$ (529,786)$ (2,299,000)$ (827,040)$ (100,000)$ 152,000$ 62,964$ (1,755)$ 3,500$ (52,450)$ -$ (180,000)$ -$ (19,706)$ 235,550$ 354,690$ 67,289$ (2,820,362)$
Other Sources (Uses):
Debt Issuance 4,500,000 4,500,000
Transfers In 158,500 200,257 827,040 100,000 1,285,797
Excess Current Revenue 313,382
Available for Transfer to
Capital 471,882
Transfers Out 927,040 95,000 20,000 1,500 15,000 20,000 1,078,540
Total Other Sources (Uses)(455,158)$ 200,257$ 4,500,000$ 827,040$ 100,000$ (95,000)$ (20,000)$ -$ (1,500)$ -$ -$ -$ -$ (15,000)$ (20,000)$ -$ -$ 5,020,639$
Net Increase (Decrease)(455,158)$ (329,529)$ 2,201,000$ -$ -$ 57,000$ 42,964$ (1,755)$ 2,000$ (52,450)$ -$ (180,000)$ -$ (34,706)$ 215,550$ 354,690$ 67,289$ 1,886,895$
Ending Fund balance 6,247,360$ 63,525$ 3,768,240$ 7,668$ 178,874$ 1,450,312$ 265,330$ 8,837$ 30,508$ 89,755$ 5,155$ 356,026$ 10,027$ 18,298$ 1,169,032$ 584,415$ (199,540)$ 14,053,822$
PROPRIETARY FUNDS COMPONENT UNITSGOVERNMENTAL FUNDS
All Funds Summary - Fiscal Year 2022
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To: Mayor and Town Council
From: Wade L. Carroll, Town Manager
CC: Leticia Vacek, Town Secretary
Mike Erwin, Finance Manager
Re: 2021 CO Bonds
Town Council Meeting, August 24, 2021
Agenda Item:
Consider and take appropriate action regarding an Ordinance authorizing the issuance Of Town
Of Trophy Club, Texas, Combination Tax And Revenue Certificates Of Obligation, Series 2021;
levying a tax, and providing for the security for and payment of said certificates; awarding the
sale of the certificates; authorizing the execution and delivery of a paying agent agreement;
approving the official statement; enacting other provisions relating to the subject. (W. Carroll).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
Town Staff has worked with our financial advisor, Mark McLiney, of SAMCO Capital Markets on
the issuance of these bonds. The Town will receive bids by 12:00 pm on August 24th and the
results will be presented to Council for action. This action maintains the current $0.11 debt
service tax rate. Town Council took action at the June 22nd meeting approving the publishing of
the notice of intent to issue these bonds.
Financial Considerations:
Issuance of $4,500,000 in certificate of obligation bonds for parks, streets and drainage projects
with a twenty year payoff.
Legal Review:
Not applicable
Board/Commission/ or Committee Recommendation:
Not applicable
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Page 2 of 2
Staff Recommendation:
Staff recommends approval of the ordinance and sale of the bonds as presented.
Attachments:
Ordinance – Certificates of Obligation Bonds Series 2021, completed ordinance to be
provided by Bond Counsel at the meeting
Town Council Approval:
Mayor Alicia L. Fleury or designee
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# DM8091590.1
ORDINANCE NO. 2021-14
relating to
$_________________
TOWN OF TROPHY CLUB, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION
SERIES 2021
Adopted: August 4, 2021
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ARTICLE I
DEFINITIONS AND OTHER PRELIMINARY MATTERS
Section 1.1. Definitions
..................................................................................................................................2
Section 1.2. Findings
..................................................................................................................................4
Section 1.3. Table of Contents, Titles, and Headings
..................................................................................................................................4
Section 1.4. Interpretation
..................................................................................................................................4
ARTICLE II
SECURITY FOR THE CERTIFICATES; INTEREST AND SINKING FUND
Section 2.1. Payment of the Certificates
..................................................................................................................................5
Section 2.2. Interest and Sinking Fund
..................................................................................................................................6
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE
CERTIFICATES
Section 3.1. Authorization
..................................................................................................................................6
Section 3.2. Date, Denomination, Maturities, and Interest
..................................................................................................................................7
Section 3.3. Medium, Method, and Place of Payment
..................................................................................................................................8
Section 3.4. Execution and Registration of Certificates
..................................................................................................................................9
Section 3.5. Ownership
..................................................................................................................................9
Section 3.6. Registration, Transfer, and Exchange
................................................................................................................................10
Section 3.7. Cancellation
................................................................................................................................10
Section 3.8. Temporary Certificates
................................................................................................................................11
Section 3.9. Replacement Certificates
................................................................................................................................11
Section 3.10. Book-Entry-Only System
................................................................................................................................12
Section 3.11. Successor Securities Depository; Transfer Outside Book-Entry-Only
System....................................................................................................................13
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Section 3.12. Payments to Cede & Co
................................................................................................................................13
ARTICLE IV
REDEMPTION OF CERTIFICATES BEFORE MATURITY
Section 4.1. Limitation on Redemption
................................................................................................................................14
Section 4.2. Optional Redemption
................................................................................................................................14
Section 4.3. Mandatory Sinking Fund Redemption
................................................................................................................................14
Section 4.4. Partial Redemption
................................................................................................................................15
Section 4.5. Notice of Redemption to Owners
................................................................................................................................15
Section 4.6. Payment Upon Redemption
................................................................................................................................16
Section 4.7. Effect of Redemption
................................................................................................................................16
Section 4.8. Conditional Notice of Redemption
................................................................................................................................16
Section 4.9. Lapse of Payment
................................................................................................................................17
ARTICLE V
PAYING AGENT/REGISTRAR
Section 5.1. Appointment of Initial Paying Agent/Registrar
................................................................................................................................17
Section 5.2. Qualifications
................................................................................................................................17
Section 5.3. Maintaining Paying Agent/Registrar
................................................................................................................................17
Section 5.4. Termination
................................................................................................................................17
Section 5.5. Notice of Change to Owners
................................................................................................................................17
Section 5.6. Agreement to Perform Duties and Functions
................................................................................................................................18
Section 5.7. Delivery of Records to Successor
................................................................................................................................18
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ARTICLE VI
FORM OF THE CERTIFICATES
Section 6.1. Form Generally
................................................................................................................................18
Section 6.2. Form of the Certificates
................................................................................................................................18
Section 6.3. CUSIP Registration
................................................................................................................................25
Section 6.4. Legal Opinion
................................................................................................................................25
Section 6.5. Statement Insurance
................................................................................................................................25
ARTICLE VII
SALE AND DELIVERY OF CERTIFICATES; DEPOSIT OF PROCEEDS; FLOW
OF FUNDS
Section 7.1. Sale of Certificates; Official Statement
................................................................................................................................25
Section 7.2. Control and Delivery of Certificates
................................................................................................................................26
Section 7.3. Deposit of Proceeds
................................................................................................................................27
ARTICLE VIII
INVESTMENTS
Section 8.1. Investments
................................................................................................................................27
Section 8.2. Investment Income
................................................................................................................................27
ARTICLE IX
PARTICULAR REPRESENTATIONS AND COVENANTS
Section 9.1. Payment of the Certificates
................................................................................................................................27
Section 9.2. Other Representations and Covenants
................................................................................................................................28
Section 9.3. Federal Income Tax Matters
................................................................................................................................28
ARTICLE X
DEFAULT AND REMEDIES
Section 10.1. Events of Default
................................................................................................................................30
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Section 10.2. Remedies for Default
................................................................................................................................30
Section 10.3. Remedies Not Exclusive
................................................................................................................................30
ARTICLE XI
DISCHARGE
Section 11.1. Discharge
................................................................................................................................31
ARTICLE XII
CONTINUING DISCLOSURE UNDERTAKING
Section 12.1. Annual Reports
................................................................................................................................31
Section 12.2. Material Event Notices
................................................................................................................................31
Section 12.3. Limitations, Disclaimers and Amendments
................................................................................................................................33
ARTICLE XIII
AMENDMENTS
Section 13.1. Amendments
................................................................................................................................34
ARTICLE XIV
MISCELLANEOUS
Section 14.1. Changes to Ordinance
................................................................................................................................34
Section 14.2. Partial Invalidity
................................................................................................................................35
Section 14.3. No Personal Liability
................................................................................................................................35
ARTICLE XV
EFFECTIVENESS
Section 15.1. Effectiveness
................................................................................................................................35
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2021-14
AN ORDINANCE AUTHORIZING THE ISSUANCE OF $_______________
TOWN OF TROPHY CLUB, TEXAS, COMBINATION TAX AND
REVENUE CERTIFICATES OF OBLIGATION, SERIES 2021; LEVYING
A TAX, AND PROVIDING FOR THE SECURITY FOR AND PAYMENT
OF SAID CERTIFICATES; AWARDING THE SALE OF THE
CERTIFICATES; AUTHORIZING THE EXECUTION AND DELIVERY
OF A PAYING AGENT AGREEMENT; APPROVING THE OFFICIAL
STATEMENT; ENACTING OTHER PROVISIONS RELATING TO THE
SUBJECT.
WHEREAS, under the provisions of the Texas Local Government Code, Chapter 271,
Subchapter C, as amended, the Town of Trophy Club, Texas (the “Town”), is authorized to issue
certificates of obligation for the purposes specified in this Ordinance and for the payment of all or
a portion of the contractual obligations for professional services, including that of engineers,
attorneys, and financial advisors in connection therewith, and to sell the same for cash as herein
provided; and
WHEREAS, the Town is authorized to provide that such obligations will be payable from
and secured by the levy of a direct and continuing ad valorem tax against all taxable property
within the Town, in combination with all or a part of certain revenues of the Town’s municipal
drainage utility system (the “System”) remaining after payment of any obligations of the Town
payable in whole or in part from a lien on or pledge of such revenues that would be superior to the
obligations to be authorized herein as authorized by Chapter 1502, Texas Government Code; and
WHEREAS, the Town Council has found and determined that it is necessary and in the
best interests of the Town and its citizens that it issue such certificates of obligation authorized by
this Ordinance; and
WHEREAS, pursuant to a resolution heretofore passed by this governing body, notice of
intention (the “Notice of Intention”) to issue certificates of obligation of the Town payable as
provided in this Ordinance was published in a newspaper of general circulation in the Town in
accordance with the requirements of law, such certificates of obligation to be issued for the purpose
of paying contractual obligations to be incurred for the purposes set forth in Section 3.01 hereof;
and
WHEREAS, the Notice of Intention stated that the Town Council intended to pass an
ordinance authorizing the issuance of the Certificates at its Town Council meeting held on the date
of adoption of this Ordinance; and
WHEREAS, no petition of any kind has been filed with the Town Secretary, any member
of the Town Council or any other official of the Town, protesting the issuance of such certificates
of obligation; and
WHEREAS, this Town Council is now authorized and empowered to proceed with the
issuance of said certificates of obligation and to sell the same for cash; and
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WHEREAS, the meeting at which this Ordinance is considered is open to the public as
required by law, and public notice of the time, place, and purpose of said meeting was given as
required by Chapter 551, Texas Government Code, as amended; therefore,
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, THAT:
ARTICLE I
DEFINITIONS AND OTHER PRELIMINARY MATTERS
Section 1.1. Definitions.
Unless otherwise expressly provided or unless the context clearly requires otherwise in this
Ordinance, the following terms shall have the meanings specified below:
“Business Day” means a day that is not a Saturday, Sunday, legal holiday or other day on
which banking institutions in the city where the Designated Payment/Transfer Office is located are
required or authorized by law or executive order to close.
“Certificate” means any of the Certificates.
“Certificate Date” means the date designated as the initial date of the Certificates by
Section 3.02(a) of this Ordinance.
“Certificates” means the certificates of obligation authorized to be issued by Section 3.01
of this Ordinance and designated as “Town of Trophy Club, Texas, Combination Tax and Revenue
Certificates of Obligation, Series 2021.
“Closing Date” means the date of the initial delivery of and payment for the Certificates.
“Code” means the Internal Revenue Code of 1986, as amended, and, with respect to a
specific section thereof, such reference shall be deemed to include (a) the Regulations promulgated
under such section, (b) any successor provision of similar import hereafter enacted, (c) any
corresponding provision of any subsequent Internal Revenue Code, and (d) the Regulations
promulgated under the provisions described in (b) and (c).
“Designated Payment/Transfer Office” means (i) with respect to the initial Paying
Agent/Registrar named herein, its office in Dallas, Texas, or at such other location designated by
the Paying Agent/Registrar and (ii) with respect to any successor Paying Agent/Registrar, the
office of such successor designated and located as may be agreed upon by the Town and such
successor.
“DTC” means The Depository Trust Company of New York, New York, or any successor
securities depository.
“DTC Participant” means brokers and dealers, banks, trust companies, clearing
corporations and certain other organizations on whose behalf DTC was created to hold securities
to facilitate the clearance and settlement of securities transactions among DTC Participants.
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“EMMA” means the Electronic Municipal Market Access System.
“Event of Default” means any event of default as defined in Section 10.01 of this
Ordinance.
“Financial Obligation” means a (a) debt obligation; (b) derivative instrument entered into
in connection with, or pledged as security or a source of payment for, an existing or planned debt
obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that
“financial obligation” shall not include municipal securities (as defined in the Securities Exchange
Act of 1934, as amended) as to which a final official statement (as defined in the Rule) has been
provided to the MSRB consistent with the Rule.
“Fiscal Year” means such fiscal year as shall from time to time be set by the Town Council.
“Initial Certificate” means the initial certificate authorized by Section 3.04(d) of this
Ordinance.
“Interest and Sinking Fund” means the interest and sinking fund established by Section
2.02 of this Ordinance.
“Interest Payment Date” means the date or dates upon which interest on the Certificates is
scheduled to be paid until their respective dates of maturity or prior redemption, such dates being
March 1 and September 1 of each year commencing March 1, 2022.
“MSRB” means the Municipal Securities Rulemaking Board.
“Net Revenues” means the gross revenues of the System less the expenses of operation and
maintenance as said expenses are defined by Chapter 1502, Texas Government Code, as amended.
“Ordinance” means this Ordinance.
“Owner” means the person who is the registered owner of a Certificate or Certificates, as
shown in the Register.
“Paying Agent/Registrar” means initially BOKF, N.A., Dallas, Texas, or any successor
thereto as provided in this Ordinance.
“Prior Lien Bonds” means any and all bonds or other obligations of the Town presently
outstanding or that may be hereafter issued, payable from and secured by a first lien on and pledge
of the Net Revenues or by a lien on and pledge of the Net Revenues subordinate to a first lien and
pledge of such Net Revenues but superior to the lien and pledge of the Surplus Revenues made for
the Certificates.
“Record Date” means the fifteenth (15th) day of the month next preceding an Interest
Payment Date.
“Register” means the Register specified in Section 3.06(a) of this Ordinance.
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“Regulations” means the applicable proposed, temporary or final Treasury Regulations
promulgated under the Code or, to the extent applicable to the Code, under the Internal Revenue
Code of 1954, as such regulations may be amended or supplemented from time to time.
“Representations Letter” means the Blanket Letter of Representations between the Town
and DTC.
“Rule” means SEC Rule 15c2-12, as amended from time to time.
“SEC” means the United States Securities and Exchange Commission.
“Special Payment Date” means the Special Payment Date prescribed by Section 3.03(b).
“Special Record Date” means the Special Record Date prescribed by Section 3.03(b).
“Surplus Revenues” means the revenues of the System remaining after payment of all
operation and maintenance expenses thereof, and all debt service, reserve, and other requirements
in connection with the Town’s Prior Lien Bonds; provided, however, that the amount of such
Surplus Revenues pledged to the payment of the Certificates shall be limited to $1,000.
“System” as used in this Ordinance means the Town’s municipal drainage utility system,
including all present and future additions, extensions, replacements, and improvements thereto.
“Town” means the Town of Trophy Club, Texas.
“Unclaimed Payments” means money deposited with the Paying Agent/Registrar for the
payment of principal of, redemption premium, if any, or interest on the Certificates as the same
come due and payable or money set aside for the payment of Certificates duly called for
redemption prior to maturity.
Section 1.2. Findings.
The declarations, determinations, and findings declared, made, and found in the preamble
to this Ordinance are hereby adopted, restated, and made a part of the operative provisions hereof.
Section 1.3. Table of Contents, Titles, and Headings.
The table of contents, titles, and headings of the Articles and Sections of this Ordinance
have been inserted for convenience of reference only and are not to be considered a part hereof
and shall not in any way modify or restrict any of the terms or provisions hereof and shall never
be considered or given any effect in construing this Ordinance or any provision hereof or in
ascertaining intent, if any question of intent should arise.
Section 1.4. Interpretation.
(a) Unless the context requires otherwise, words of the masculine gender shall be
construed to include correlative words of the feminine and neuter genders and vice versa, and
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words of the singular number shall be construed to include correlative words of the plural number
and vice versa.
(b) This Ordinance and all the terms and provisions hereof shall be liberally construed
to effectuate the purposes set forth herein.
ARTICLE II
SECURITY FOR THE CERTIFICATES; INTEREST AND SINKING FUND
Section 2.1. Payment of the Certificates.
(a) Pursuant to the authority granted by the Texas Constitution and laws of the State of
Texas, there shall be levied and there is hereby levied for the current year and for each succeeding
year thereafter while any of the Certificates or any interest thereon is outstanding and unpaid, an
ad valorem tax on each one hundred dollars valuation of taxable property within the Town, at a
rate sufficient, within the limit prescribed by law, to pay the debt service requirements of the
Certificates, being (i) the interest on the Certificates, and (ii) a sinking fund for their redemption
at maturity or a sinking fund of two percent per annum (whichever amount is the greater), when
due and payable, full allowance being made for delinquencies and costs of collection.
(b) The ad valorem tax thus levied shall be assessed and collected each year against all
property appearing on the tax rolls of the Town most recently approved in accordance with law,
and the money thus collected shall be deposited as collected to the Interest and Sinking Fund.
(c) Said ad valorem tax, the collections therefrom, and all amounts on deposit in or
required hereby to be deposited to the Interest and Sinking Fund are hereby pledged and committed
irrevocably to the payment of the principal of and interest on the Certificates when and as due and
payable in accordance with their terms and this Ordinance.
(d) The amount of taxes to be provided annually for the payment of principal of and
interest on the Certificates shall be determined and accomplished in the following manner:
(i) The Town’s annual budget shall reflect (i) the amount of debt service
requirements to become due on the Certificates in the next succeeding Fiscal Year of the
Town and (ii) the amount on deposit in the Interest and Sinking Fund, as of the date such
budget is prepared (after giving effect to any payments required to be made during the
remainder of the then current Fiscal Year), and (iii) the amount of Surplus Revenues
estimated and budgeted to be available for the payment of such debt service requirements
on the Certificates during the next succeeding Fiscal Year.
(ii) The amount required to be provided in the succeeding Fiscal Year of the
Town from ad valorem taxes shall be the amount, if any, the debt service requirements to
be paid on the Certificates in the next succeeding Fiscal Year of the Town exceeds the sum
of (i) the amount shown to be on deposit in the Interest and Sinking Fund (after giving
effect to any payments required to be made during the remainder of the then current Fiscal
Year) at the time the annual budget is prepared, and (ii) the Surplus Revenues shown to be
budgeted and available for payment of said debt service requirements.
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(iii) Following the final approval of the annual budget of the Town, the
governing body of the Town shall, by ordinance, levy an ad valorem tax at a rate sufficient
to produce taxes in the amount determined in paragraph (ii) above, to be utilized for
purposes of paying the principal of and interest on the Certificates in the next succeeding
Fiscal Year of the Town.
(e) The Town hereby covenants and agrees that the Surplus Revenues are hereby
irrevocably pledged equally and ratably to the payment of the principal of, redemption premium,
if any, and interest on the Certificates, as the same become due.
(f) If the liens and provisions of this Ordinance shall be released in a manner permitted
by Article XI hereof, then the collection of such ad valorem tax may be suspended or appropriately
reduced, as the facts may permit, and further deposits to the Interest and Sinking Fund may be
suspended or appropriately reduced, as the facts may permit. In determining the aggregate
principal amount of outstanding Certificates, there shall be subtracted the amount of any
Certificates that have been duly called for redemption and for which money has been deposited
with the Paying Agent/Registrar for such redemption.
Section 2.2. Interest and Sinking Fund.
(a) The Town hereby establishes a special fund or account to be designated the “Town
of Trophy Club, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2021,
Interest and Sinking Fund” (the “Interest and Sinking Fund”) said fund to be maintained at an
official depository bank of the Town separate and apart from all other funds and accounts of the
Town.
(b) Money on deposit in or required by this Ordinance to be deposited to the Interest
and Sinking Fund shall be used solely for the purpose of paying the interest on and principal of the
Certificates when and as due and payable in accordance with their terms and this Ordinance.
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE
CERTIFICATES
Section 3.1. Authorization.
The Town’s certificates of obligation to be designated “Town of Trophy Club, Texas,
Combination Tax and Revenue Certificates of Obligation, Series 2021” (the “Certificates”), are
hereby authorized to be issued and delivered in accordance with the Constitution and laws of the
State of Texas, specifically Subchapter C, Chapter 271, Texas Local Government Code. The
Certificates shall be issued in the aggregate principal amount of $_________________ for the
following purposes, to wit: (i) designing, developing, constructing and acquiring drainage
improvements and facilities within the Town, including the acquisition of land therefor; (ii)
designing, developing, constructing, improving and renovating Town park and recreation
facilities, including the acquisition of land therefor, (iii) designing, developing, constructing,
improving, extending, and expanding streets, thoroughfares, sidewalks, bridges, and other public
ways of the City, including streetscaping, streetlighting, right-of-way protection, utility relocation,
and related storm drainage improvements; and acquiring rights-of-way in connection therewith,
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(iv) professional services incurred in connection with items (i) through (iii) and to pay the costs
incurred in connection with the issuance of the Certificates.
Section 3.2. Date, Denomination, Maturities, and Interest.
(a) The Certificates shall be dated September 1, 2021 (the “Certificate Date”). The
Certificates shall be in fully registered form, without coupons, in the denomination of $5,000 or
any integral multiple thereof and shall be numbered separately from one upward, except the Initial
Certificate, which shall be numbered T-1.
(b) The Certificates shall mature on September 1 in the years and in the principal
amounts set forth in the following schedule:
$ Serial Certificates
Years Principal Amount Interest Rate
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
$ Term Certificates
Years Principal Amount Interest Rate
20__
20__
20__
20__
(c) Interest shall accrue and be paid on each Certificate respectively until its maturity
or prior redemption from the later of the Certificate Date or the most recent interest payment date
to which interest has been paid or provided for at the rates per annum for each maturity specified
in the schedule contained in subsection (b) above. Such interest shall be payable semiannually on
March 1 and September 1 of each year commencing March 1, 2022, and shall be computed on the
basis of a 360-day year of twelve 30-day months.
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Section 3.3. Medium, Method, and Place of Payment.
(a) The principal of, redemption premium, if any, and interest on the Certificates shall
be paid in lawful money of the United States of America.
(b) Interest on the Certificates shall be payable to the Owners as shown in the Register
at the close of business on the Record Date; provided, however, in the event of nonpayment of
interest on a scheduled Interest Payment Date and for 30 days thereafter, a new record date for
such interest payment (a “Special Record Date”) shall be established by the Paying
Agent/Registrar, if and when funds for the payment of such interest have been received from the
Town. Notice of the Special Record Date and of the scheduled payment date of the past due interest
(the “Special Payment Date,” which shall be 15 days after the Special Record Date) shall be sent
at least five Business Days prior to the Special Record Date by United States mail, first class,
postage prepaid, to the address of each Owner of a Certificate appearing on the Register at the
close of business on the last Business Day next preceding the date of mailing of such notice.
(c) Interest shall be paid by check, dated as of and mailed on the Interest Payment Date,
and sent by the Paying Agent/Registrar to each Owner, first class United States mail, postage
prepaid, to the address of each Owner as it appears in the Register, or by such other customary
banking arrangement acceptable to the Paying Agent/Registrar and the Owner; provided, however,
that the Owner shall bear all risk and expense of such alternative banking arrangement. At the
option of an Owner of at least $1,000,000 principal amount of the Certificates, interest may be
paid by wire transfer to the bank account of such Owner on file with the Paying Agent/Registrar.
(d) The principal of each Certificate shall be paid to the Owner thereof on the due date,
whether at the maturity date or the date of prior redemption thereof upon presentation and
surrender of such Certificate at the Designated Payment/Transfer Office of the Paying
Agent/Registrar.
(e) If the date for the payment of the principal of or interest on the Certificates shall be
a Saturday, Sunday, legal holiday, or day on which banking institutions in the city where the
Designated Payment/Transfer Office of the paying Agent/Registrar is located are required or
authorized by law or executive order to close, then the date for such payment shall be the next
succeeding day which is not a Saturday, Sunday, legal holiday, or day on which banking
institutions are required or authorized to close, and payment on such date shall have the same force
and effect as if made on the original date payment was due and no additional interest shall be due
by reason of nonpayment on the date on which such payment is otherwise stated to be due and
payable.
(f) Unclaimed Payments shall be segregated in a special escrow account and held in
trust, uninvested by the Paying Agent/Registrar, for the account of the Owners of the Certificates
to which the Unclaimed Payments pertain. Subject to Title 6 of the Texas Property Code,
Unclaimed Payments remaining unclaimed by the Owners entitled thereto for three years after the
applicable payment or redemption date shall be applied to the next payment or payments on the
Certificates thereafter coming due and, to the extent any such money remains after the retirement
of all outstanding Certificates, shall be paid to the Town to be used for any lawful purpose.
Thereafter, neither the Town, the Paying Agent/Registrar, nor any other person shall be liable or
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responsible to any Owners of such Certificates for any further payment of such unclaimed moneys
or on account of any such Certificates, subject to Title 6 of the Texas Property Code.
Section 3.4. Execution and Registration of Certificates.
(a) The Certificates shall be executed on behalf of the Town by the Mayor and the
Town Secretary, by their manual or facsimile signatures, and the official seal of the Town shall be
impressed or placed in facsimile thereon. Such facsimile signatures on the Certificates shall have
the same effect as if each of the Certificates had been signed manually and in person by each of
said officers, and such facsimile seal on the Certificates shall have the same effect as if the official
seal of the Town had been manually impressed upon each of the Certificates.
(b) In the event that any officer of the Town whose manual or facsimile signature
appears on the Certificates ceases to be such officer before the authentication of such Certificates
or before the delivery thereof, such manual or facsimile signature nevertheless shall be valid and
sufficient for all purposes as if such officer had remained in such office.
(c) Except as provided below, no Certificate shall be valid or obligatory for any
purpose or be entitled to any security or benefit of this Ordinance unless and until there appears
thereon the Certificate of Paying Agent/Registrar substantially in the form provided herein, duly
authenticated by manual execution by an officer or duly authorized signatory of the Paying
Agent/Registrar. It shall not be required that the same officer or authorized signatory of the Paying
Agent/Registrar sign the Certificate of Paying Agent/Registrar on all of the Certificates. In lieu of
the executed Certificate of Paying Agent/Registrar described above, the Initial Certificate
delivered at the Closing Date shall have attached thereto the Comptroller’s Registration Certificate
substantially in the form provided herein, manually executed by the Comptroller of Public
Accounts of the State of Texas, or by his duly authorized agent, which Certificate shall be evidence
that the Certificate has been duly approved by the Attorney General of the State of Texas, that it
is a valid and binding obligation of the Town, and that it has been registered by the Comptroller
of Public Accounts of the State of Texas.
(d) On the Closing Date, one initial Certificate (the “Initial Certificate”) representing
the entire principal amount of all Certificates, payable in stated installments to the initial purchaser,
or its designee, executed by the Mayor and Town Secretary of the Town, approved by the Attorney
General, and registered and manually signed by the Comptroller of Public Accounts, will be
delivered to the initial purchaser or its designee. Upon payment for the Initial Certificate, the
Paying Agent/Registrar shall cancel the Initial Certificate and deliver to DTC on behalf of the
initial purchaser one registered definitive Certificate for each year of maturity of the Certificates
in the aggregate principal amount of all Certificates for such maturity, registered in the name of
Cede & Co., as nominee of DTC.
Section 3.5. Ownership.
(a) The Town, the Paying Agent/Registrar, and any other person may treat the person
in whose name any Certificate is registered as the absolute owner of such Certificate for the
purpose of making and receiving payment as herein provided (except interest shall be paid to the
person in whose name such Certificate is registered on the Record Date or Special Record Date,
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as applicable), and for all other purposes, whether or not such Certificate is overdue, and neither
the Town nor the Paying Agent/Registrar shall be bound by any notice or knowledge to the
contrary.
(b) All payments made to the Owner of a Certificate shall be valid and effectual and
shall discharge the liability of the Town and the Paying Agent/Registrar upon such Certificate to
the extent of the sums paid.
Section 3.6. Registration, Transfer, and Exchange.
(a) So long as any Certificates remain outstanding, the Town shall cause the Paying
Agent/Registrar to keep at the Designated Payment/Transfer Office a register (the “Register”) in
which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall
provide for the registration and transfer of Certificates in accordance with this Ordinance.
(b) The ownership of a Certificate may be transferred only upon the presentation and
surrender of the Certificate at the Designated Payment/Transfer Office of the Paying
Agent/Registrar with such endorsement or other evidence of transfer as is acceptable to the Paying
Agent/Registrar. No transfer of any Certificate shall be effective until entered in the Register.
(c) The Certificates shall be exchangeable upon the presentation and surrender thereof
at the Designated Payment/Transfer Office of the Paying Agent/Registrar for a Certificate or
Certificates of the same maturity and interest rate and in a denomination or denominations of any
integral multiple of $5,000, and in an aggregate principal amount equal to the unpaid principal
amount of the Certificates presented for exchange. The Paying Agent/Registrar is hereby
authorized to authenticate and deliver Certificates exchanged for other Certificates in accordance
with this Section.
(d) Each exchange Certificate delivered by the Paying Agent/Registrar in accordance
with this Section shall constitute an original contractual obligation of the Town and shall be
entitled to the benefits and security of this Ordinance to the same extent as the Certificate or
Certificates in lieu of which such exchange Certificate is delivered.
(e) No service charge shall be made to the Owner for the initial registration, subsequent
transfer, or exchange for a different denomination of any of the Certificates. The Paying
Agent/Registrar, however, may require the Owner to pay a sum sufficient to cover any tax or other
governmental charge that is authorized to be imposed in connection with the registration, transfer,
or exchange of a Certificate.
(f) Neither the Town nor the Paying Agent/Registrar shall be required to issue, transfer
or exchange any Certificate called for redemption, in whole or in part, within 45 calendar days
prior to the date fixed for redemption; provided, however, such limitation shall not be applicable
to an exchange by the Owner of the uncalled principal balance of a Certificate.
Section 3.7. Cancellation.
All Certificates paid or redeemed before scheduled maturity in accordance with this
Ordinance, and all Certificates in lieu of which exchange Certificates or replacement Certificates
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are authenticated and delivered in accordance with this Ordinance, shall be canceled and proper
records made regarding such payment, redemption, exchange, or replacement. The Paying
Agent/Registrar shall then return such canceled Certificates to the Town or may in accordance
with law dispose of such cancelled Certificates.
Section 3.8. Temporary Certificates.
(a) Following the delivery and registration of the Initial Certificate and pending the
preparation of definitive Certificates, the proper officers of the Town may execute and, upon the
Town’s request, the Paying Agent/Registrar shall authenticate and deliver, one or more temporary
Certificates that are printed, lithographed, typewritten, mimeographed, or otherwise produced, in
any denomination, substantially of the tenor of the definitive Certificates in lieu of which they are
delivered, without coupons, and with such appropriate insertions, omissions, substitutions, and
other variations as the officers of the Town executing such temporary Certificates may determine,
as evidenced by their signing of such temporary Certificates.
(b) Until exchanged for Certificates in definitive form, such Certificates in temporary
form shall be entitled to the benefit and security of this Ordinance.
(c) The Town, without unreasonable delay, shall prepare, execute and deliver to the
Paying Agent/Registrar the Certificates in definitive form; thereupon, upon the presentation and
surrender of the Certificate or Certificates in temporary form to the Paying Agent/Registrar, the
Paying Agent/Registrar shall cancel the Certificates in temporary form and shall authenticate and
deliver in exchange therefor a Certificate or Certificates of the same maturity and series, in
definitive form, in the authorized denomination, and in the same aggregate principal amount, as
the Certificate or Certificates in temporary form surrendered. Such exchange shall be made without
the making of any charge therefor to any Owner.
Section 3.9. Replacement Certificates.
(a) Upon the presentation and surrender to the Paying Agent/Registrar of a mutilated
Certificate, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor a
replacement Certificate of like tenor and principal amount, bearing a number not
contemporaneously outstanding. The Town or the Paying Agent/Registrar may require the Owner
of such Certificate to pay a sum sufficient to cover any tax or other governmental charge that is
authorized to be imposed in connection therewith and any other expenses connected therewith.
(b) In the event that any Certificate is lost, apparently destroyed or wrongfully taken,
the Paying Agent/ Registrar, pursuant to the applicable laws of the State of Texas and in the
absence of notice or knowledge that such Certificate has been acquired by a bona fide purchaser,
shall authenticate and deliver a replacement Certificate of like tenor and principal amount, bearing
a number not contemporaneously outstanding, provided that the Owner first complies with the
following requirements:
(i) furnishes to the Paying Agent/Registrar satisfactory evidence of his or her
ownership of and the circumstances of the loss, destruction, or theft of such Certificate;
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(ii) furnishes such security or indemnity as may be required by the Paying
Agent/Registrar to save it and the Town harmless;
(iii) pays all expenses and charges in connection therewith, including, but not
limited to, printing costs, legal fees, fees of the Paying Agent/Registrar, and any tax or
other governmental charge that is authorized to be imposed; and
(iv) satisfies any other reasonable requirements imposed by the Town and the
Paying Agent/Registrar.
(c) If, after the delivery of such replacement Certificate, a bona fide purchaser of the
original Certificate in lieu of which such replacement Certificate was issued presents for payment
such original Certificate, the Town and the Paying Agent/Registrar shall be entitled to recover
such replacement Certificate from the person to whom it was delivered or any person taking
therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or
indemnity provided therefor to the extent of any loss, damage, cost, or expense incurred by the
Town or the Paying Agent/Registrar in connection therewith.
(d) In the event that any such mutilated, lost, apparently destroyed, or wrongfully taken
Certificate has become or is about to become due and payable, the Paying Agent/Registrar, in its
discretion, instead of issuing a replacement Certificate, may pay such Certificate when it becomes
due and payable.
(e) Each replacement Certificate delivered in accordance with this Section shall
constitute an original additional contractual obligation of the Town and shall be entitled to the
benefits and security of this Ordinance to the same extent as the Certificate or Certificates in lieu
of which such replacement Certificate is delivered.
Section 3.10. Book-Entry-Only System.
(a) Notwithstanding any other provision hereof, upon initial issuance of the
Certificates, the Certificates shall be registered in the name of Cede & Co., as nominee of DTC.
The definitive Certificates shall be initially issued in the form of a single separate certificate for
each of the maturities thereof.
(b) With respect to Certificates registered in the name of Cede & Co., as nominee of
DTC, the Town and the Paying Agent/Registrar shall have no responsibility or obligation to any
DTC Participant or to any person on behalf of whom such a DTC Participant holds an interest in
the Certificates. Without limiting the immediately preceding sentence, the Town and the Paying
Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the
records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the
Certificates, (ii) the delivery to any DTC Participant or any other person, other than an Owner, as
shown on the Register, of any notice with respect to the Certificates, including any notice of
redemption, or (iii) the payment to any DTC Participant or any other person, other than an Owner,
as shown in the Register of any amount with respect to principal of, premium, if any, or interest
on the Certificates. Notwithstanding any other provision of this Ordinance to the contrary, the
Town and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose
name each Certificate is registered in the Register as the absolute owner of such Certificate for the
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purpose of payment of principal of, premium, if any, and interest on Certificates, for the purpose
of giving notices of redemption and other matters with respect to such Certificate, for the purpose
of registering transfer with respect to such Certificate, and for all other purposes whatsoever. The
Paying Agent/Registrar shall pay all principal of, premium, if any, and interest on the Certificates
only to or upon the order of the respective Owners as shown in the Register, as provided in this
Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be
valid and effective to fully satisfy and discharge the Town’s obligations with respect to payment
of, premium, if any, and interest on the Certificates to the extent of the sum or sums so paid. No
person other than an Owner, as shown in the Register, shall receive a certificate evidencing the
obligation of the Town to make payments of amounts due pursuant to this Ordinance. Upon
delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has
determined to substitute a new nominee in place of Cede & Co., the word “Cede & Co.” in this
Ordinance shall refer to such new nominee of DTC.
(c) The Representations Letter previously executed and delivered by the Town, and
applicable to the Town’s obligations delivered in book-entry-only form to DTC as securities
depository, is hereby ratified and approved for the Certificates.
Section 3.11. Successor Securities Depository; Transfer Outside Book-Entry-Only
System.
In the event that the Town or the Paying Agent/Registrar determines that DTC is incapable
of discharging its responsibilities described herein and in the Representations Letter of the Town
to DTC, and that it is in the best interest of the Town and the beneficial owners of the Certificates
that they be able to obtain certificated Certificates, or in the event DTC discontinues the services
described herein, the Town shall (i) appoint a successor securities depository, qualified to act as
such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC
and DTC Participants of the appointment of such successor securities depository and transfer one
or more separate Certificates to such successor securities depository; or (ii) notify DTC and DTC
Participants of the availability through DTC of certificated Certificates and cause the Paying
Agent/Registrar to transfer one or more separate registered Certificates to DTC Participants having
Certificates credited to their DTC accounts. In such event, the Certificates shall no longer be
restricted to being registered in the Register in the name of Cede & Co., as nominee of DTC, but
may be registered in the name of the successor securities depository, or its nominee, or in whatever
name or names Owners transferring or exchanging Certificates shall designate, in accordance with
the provisions of this Ordinance.
Section 3.12. Payments to Cede & Co.
Notwithstanding any other provision of this Ordinance to the contrary, so long as the
Certificates are registered in the name of Cede & Co., as nominee of DTC, all payments with
respect to principal of, premium, if any, and interest on such Certificates, and all notices with
respect to such Certificates shall be made and given, respectively, in the manner provided in the
Representations Letter of the Town to DTC.
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ARTICLE IV
REDEMPTION OF CERTIFICATES BEFORE MATURITY
Section 4.1. Limitation on Redemption.
The Certificates shall be subject to redemption before scheduled maturity only as provided
in this Article IV.
Section 4.2. Optional Redemption.
(a) The Town reserves the option to redeem Certificates maturing on and after March
1, 2031 in whole or any part, before their respective scheduled maturity dates, on March 1, 2030
or on any date thereafter, such redemption date or dates to be fixed by the Town, at a price equal
to the principal amount of the Certificates called for redemption plus accrued interest to the date
fixed for redemption.
(b) If less than all of the Certificates are to be redeemed pursuant to an optional
redemption, the Town shall determine the maturity or maturities and the amounts thereof to be
redeemed and shall direct the Paying Agent/Registrar to call by lot the Certificates, or portions
thereof, within such maturity or maturities and in such principal amounts for redemption.
(c) The Town, at least 45 days before the redemption date, unless a shorter period shall
be satisfactory to the Paying Agent/Registrar, shall notify the Paying Agent/Registrar of such
redemption date and of the principal amount of Certificates to be redeemed.
Section 4.3. Mandatory Sinking Fund Redemption.
(a) The Certificates maturing on March 1, in the years 20__, 20__, and 20__, (the
“Term Certificates”) are subject to scheduled mandatory redemption and will be redeemed by the
Town, in part at a price equal to the principal amount thereof, without premium, plus accrued
interest to the redemption date, out of moneys available for such purpose in the Interest and Sinking
Fund, on the dates and in the respective principal amounts as set forth below.
$ Term Certificates Maturing March 1, 20
Redemption Date Redemption Amount
March 1, 20__
March 1, 20__*
*maturity
$ Term Certificates Maturing March 1, 20
Redemption Date Redemption Amount
March 1, 20__
March 1, 20__*
*maturity
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$ Term Certificates Maturing March 1, 20
Redemption Date Redemption Amount
March 1, 20__
March 1, 20__*
*maturity
(b) At least forty-five (45) days prior to each scheduled mandatory redemption date,
the Paying Agent/Registrar shall select for redemption by lot, or by any other customary method
that results in a random selection, a principal amount of Term Certificates equal to the aggregate
principal amount of such Term Certificates to be redeemed, shall call such Term Certificates for
redemption on such scheduled mandatory redemption date, and shall give notice of such
redemption, as provided in Section 4.05.
(c) The principal amount of the Term Certificates required to be redeemed on any
redemption date pursuant to subparagraph (a) of this Section 4.03 shall be reduced, at the option
of the Town, by the principal amount of any Term Certificates which, at least 45 days prior to the
mandatory sinking fund redemption date (i) shall have been acquired by the Town at a price not
exceeding the principal amount of such Term Certificates plus accrued interest to the date of
purchase thereof, and delivered to the Paying Agent/Registrar for cancellation, or (ii) shall have
been redeemed pursuant to the optional redemption provisions hereof and not previously credited
to a mandatory sinking fund redemption.
Section 4.4. Partial Redemption.
(a) A portion of a single Certificate of a denomination greater than $5,000 may be
redeemed, but only in a principal amount equal to $5,000 or any integral multiple thereof. If such
a Certificate is to be partially redeemed, the Paying Agent/Registrar shall treat each $5,000 portion
of the Certificate as though it were a single Certificate for purposes of selection for redemption.
(b) Upon surrender of any Certificate for redemption in part, the Paying
Agent/Registrar, in accordance with Section 3.06 of this Ordinance, shall authenticate and deliver
an exchange Certificate or Certificates in an aggregate principal amount equal to the unredeemed
portion of the Certificate so surrendered, such exchange being without charge.
(c) The Paying Agent/Registrar shall promptly notify the Town in writing of the
principal amount to be redeemed of any Certificate as to which only a portion thereof is to be
redeemed.
Section 4.5. Notice of Redemption to Owners.
(a) The Paying Agent/Registrar shall give notice of any redemption of Certificates by
sending notice by first class United States mail, postage prepaid, not less than 30 days before the
date fixed for redemption, to the Owner of each Certificate (or part thereof) to be redeemed, at the
address shown on the Register at the close of business on the Business Day next preceding the date
of mailing such notice.
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(b) The notice shall state the redemption date, the redemption price, the place at which
the Certificates are to be surrendered for payment, and, if less than all the Certificates outstanding
are to be redeemed, an identification of the Certificates or portions thereof to be redeemed.
(c) Any notice given as provided in this Section shall be conclusively presumed to have
been duly given, whether or not the Owner receives such notice.
Section 4.6. Payment Upon Redemption.
(a) Before or on each redemption date, the Town shall deposit with the Paying
Agent/Registrar money sufficient to pay all amounts due on the redemption date and the Paying
Agent/Registrar shall make provision for the payment of the Certificates to be redeemed on such
date by setting aside and holding in trust such amounts as are received by the Paying
Agent/Registrar from the Town and shall use such funds solely for the purpose of paying the
principal of, redemption premium, if any, and accrued interest on the Certificates being redeemed.
(b) Upon presentation and surrender of any Certificate called for redemption at the
Designated Payment/Transfer Office of the Paying Agent/Registrar on or after the date fixed for
redemption, the Paying Agent/Registrar shall pay the principal of, redemption premium, if any,
and accrued interest on such Certificate to the date of redemption from the money set aside for
such purpose.
Section 4.7. Effect of Redemption.
(a) Notice of redemption having been given as provided in Section 4.05 of this
Ordinance, the Certificates or portions thereof called for redemption shall become due and payable
on the date fixed for redemption and, unless the Town defaults in its obligation to make provision
for the payment of the principal thereof, redemption premium, if any, or accrued interest thereon,
such Certificates or portions thereof shall cease to bear interest from and after the date fixed for
redemption, whether or not such Certificates are presented and surrendered for payment on such
date.
(b) If the Town shall fail to make provision for payment of all sums due on a
redemption date, then any Certificate or portion thereof called for redemption shall continue to
bear interest at the rate stated on the Certificate until due provision is made for the payment of
same by the Town.
Section 4.8. Conditional Notice of Redemption.
The Town reserves the right to give notice of its election or direction to redeem Bonds
conditioned upon the occurrence of subsequent events. Such notice may state (i) that the
redemption is conditioned upon the deposit of moneys and/or authorized securities, in an amount
equal to the amount necessary to effect the redemption, with the Paying Agent/Registrar, or such
other entity as may be authorized by law, no later than the redemption date, or (ii) that the Town
retains the right to rescind such notice at any time on or prior to the scheduled redemption date if
the Town delivers a certificate of the Town to the Paying Agent/Registrar instructing the Paying
Agent/Registrar to rescind the redemption notice and such notice and redemption shall be of no
effect if such moneys and/or authorized securities are not so deposited or if the notice is rescinded.
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The Paying Agent/Registrar shall give prompt notice of any such rescission of a conditional notice
of redemption to the affected Owners. Any Bonds subject to conditional redemption and such
redemption has been rescinded shall remain Outstanding and the rescission of such redemption
shall not constitute an event of default. Further, in the case of a conditional notice of redemption,
the failure of the Town to make moneys and or authorized securities available in part or in whole
on or before the redemption date shall not constitute an event of default.
Section 4.9. Lapse of Payment.
Money set aside for the redemption of Certificates and remaining unclaimed by the Owners
of such Certificates shall be subject to the provisions of Section 3.03(f) hereof.
ARTICLE V
PAYING AGENT/REGISTRAR
Section 5.1. Appointment of Initial Paying Agent/Registrar.
BOKF, N.A., is hereby appointed as the initial Paying Agent/Registrar for the Certificates.
Section 5.2. Qualifications.
Each Paying Agent/Registrar shall be a commercial bank, a trust company organized under
the laws of the State of Texas, or other entity duly qualified and legally authorized to serve as and
perform the duties and services of paying agent and registrar for the Certificates.
Section 5.3. Maintaining Paying Agent/Registrar.
(a) At all times while any of the Certificates are outstanding, the Town will maintain a
Paying Agent/Registrar that is qualified under Section 5.02 of this Ordinance. The Mayor is hereby
authorized and directed to execute an agreement with the Paying Agent/Registrar specifying the
duties and responsibilities of the Town and the Paying Agent/Registrar in substantially the form
presented at this meeting, such form of agreement being hereby approved. The signature of the
Mayor shall be attested by the Town Secretary of the Town.
(b) If the Paying Agent/Registrar resigns or otherwise ceases to serve as such, the Town
will promptly appoint a replacement.
Section 5.4. Termination.
The Town, upon not less than sixty (60) days’ notice, reserves the right to terminate the
appointment of any Paying Agent/Registrar by delivering to the entity whose appointment is to be
terminated written notice of such termination.
Section 5.5. Notice of Change to Owners.
Promptly upon each change in the entity serving as Paying Agent/Registrar, the Town will
cause notice of the change to be sent to each Owner by first class United States mail, postage
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prepaid, at the address thereof in the Register, stating the effective date of the change and the name
and mailing address of the replacement Paying Agent/Registrar.
Section 5.6. Agreement to Perform Duties and Functions.
By accepting the appointment as Paying Agent/Registrar and executing the Paying
Agent/Registrar Agreement, the Paying Agent/Registrar is deemed to have agreed to the provisions
of this Ordinance and that it will perform the duties and functions of Paying Agent/Registrar
prescribed thereby.
Section 5.7. Delivery of Records to Successor.
If a Paying Agent/Registrar is replaced, such Paying Agent/Registrar, promptly upon the
appointment of the successor, will deliver the Register (or a copy thereof) and all other pertinent
books and records relating to the Certificates to the successor Paying Agent/Registrar.
ARTICLE VI
FORM OF THE CERTIFICATES
Section 6.1. Form Generally.
(a) The Certificates, including the Registration Certificate of the Comptroller of Public
Accounts of the State of Texas, the Certificate of the Paying Agent/Registrar, and the Assignment
form to appear on each of the Certificates, (i) shall be substantially in the form set forth in this
Article, with such appropriate insertions, omissions, substitutions, and other variations as are
permitted or required by this Ordinance, and (ii) may have such letters, numbers, or other marks
of identification (including identifying numbers and letters of the Committee on Uniform
Securities Identification Procedures of the American Bankers Association) and such legends and
endorsements (including any reproduction of an opinion of counsel) thereon as, consistently
herewith, may be determined by the Town or by the officers executing such Certificates, as
evidenced by their execution thereof.
(b) Any portion of the text of any Certificates may be set forth on the reverse side
thereof, with an appropriate reference thereto on the face of the Certificates.
(c) The definitive Certificates, if any, shall be typewritten, photocopied, printed,
lithographed, or engraved, and may be produced by any combination of these methods or produced
in any other similar manner, all as determined by the officers executing such Certificates, as
evidenced by their execution thereof.
(d) The Initial Certificate submitted to the Attorney General of the State of Texas may
be typewritten and photocopied or otherwise reproduced.
Section 6.2. Form of the Certificates.
The form of the Certificates, including the form of the Registration Certificate of the
Comptroller of Public Accounts of the State of Texas, the form of Certificate of the Paying
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Agent/Registrar and the form of Assignment appearing on the Certificates, shall be substantially
as follows:
(a) Form of Certificate.
REGISTERED No. _________REGISTERED $_________
United States of America
State of Texas
Counties of Tarrant and Denton
TOWN OF TROPHY CLUB, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION
SERIES 2021
INTEREST RATE:MATURITY DATE:DATED DATE:CUSIP NUMBER:
______%September 1, ____September 1, 2021 ______ ___
The Town of Trophy Club (the “Town”), in the Counties of Tarrant and Denton, State of
Texas, for value received, hereby promises to pay to
_____________________________
or registered assigns, on the Maturity Date specified above, the sum of
_______________________ DOLLARS
unless this Certificate shall have been sooner called for redemption and the payment of the
principal hereof shall have been provided for, and to pay interest on such principal amount from
the later of Dated Date specified above or the most recent interest payment date to which interest
has been paid or provided for until payment of such principal amount has been provided for, at the
per annum rate of interest specified above, computed on the basis of a 360-day year of twelve 30-
day months, such interest to be paid semiannually on March 1 and September 1 of each year,
commencing March 1, 2022.
The principal of this Certificate shall be payable without exchange or collection charges in
lawful money of the United States of America upon presentation and surrender of BOKF, N.A.
Dallas, Texas, as Paying Agent/Registrar (the “Designated Payment/Transfer Office”), or, with
respect to a successor paying agent/registrar, at the Designated Payment/Transfer Office of such
successor Paying Agent/Registrar. Interest on this Certificate is payable by check dated as of the
interest payment date, and will be mailed by the Paying Agent/Registrar to the registered owner at
the address shown on the registration books kept by the Paying Agent/Registrar or by such other
customary banking arrangement acceptable to the Paying Agent/Registrar and the registered
owner; provided, however, such registered owner shall bear all risk and expenses of such
customary banking arrangement. At the option of an Owner of at least $1,000,000 principal amount
of the Certificates, interest may be paid by wire transfer to the bank account of such Owner on file
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with the Paying Agent/Registrar. For the purpose of the payment of interest on this Certificate, the
registered owner shall be the person in whose name this Certificate is registered at the close of
business on the “Record Date,” which shall be the fifteenth day of the month next preceding such
interest payment date; provided, however, that in the event of nonpayment of interest on a
scheduled payment date and for 30 days thereafter, a new record date for such interest payment (a
“Special Record Date”) shall be established by the Paying Agent/Registrar, if and when funds for
the payment of such interest have been received from the Town. Notice of the Special Record Date
and of the scheduled payment date of the past due interest (the “Special Payment Date,” which
date shall be 15 days after the Special Record Date) shall be sent at least five business days prior
to the Special Record Date by United States mail, first class, postage prepaid, to the address of
each Owner of a Certificate appearing on the books of the Paying Agent/Registrar at the close of
business on the last business day next preceding the date of mailing of such notice.
If the date for the payment of the principal of or interest on this Certificate shall be a
Saturday, Sunday, legal holiday, or day on which banking institutions in the city where the
Designated Payment/Transfer Office of the Paying Agent/Registrar is located are required or
authorized by law or executive order to close, the date for such payment shall be the next
succeeding day that is not a Saturday, Sunday, legal holiday, or day on which banking institutions
are required or authorized to close, and payment on such date shall have the same force and effect
as if made on the original date payment was due and no additional interest shall be due by reason
of nonpayment on the date on which such payment is otherwise stated to be due and payable.
This Certificate is one of a series of fully registered certificates specified in the title hereof
dated September 1, 2021 and issued in the aggregate principal amount of $_________________
(herein referred to as the “Certificates”), issued pursuant to a certain ordinance of the Town (the
“Ordinance”) for the purpose of paying contractual obligations to be incurred for authorized public
improvements (the “Project”) as described in the Ordinance, and to pay the contractual obligations
for professional services of attorneys, financial advisors and other professionals in connection with
the Project and the issuance of the Certificates.
The Certificates and the interest thereon are payable from the levy of a direct and
continuing ad valorem tax within the limits prescribed by law, against all taxable property in the
Town and from a pledge of certain Surplus Revenues (not to exceed $1,000) of the Town’s
municipal drainage utility system, all as described and provided for in the Ordinance.
The Town has reserved the option to redeem the Certificates maturing on or after March 1,
2031, in whole or in part, before their respective scheduled maturity dates, on March 1, 2030, or
on any date thereafter, at a price equal to the principal amount of the Certificates so called for
redemption plus accrued interest to the date fixed for redemption. If less than all of the Certificates
are to be redeemed, the Town shall determine the maturity or maturities and the amounts thereof
to be redeemed and shall direct the Paying Agent/Registrar to call by lot or other customary method
that results in a random selection the Certificates, or portions thereof, within such maturity and in
such principal amounts, for redemption.
The Certificates maturing March 1, in the years 20__, 20__, and 20__, (the “Term
Certificates”) are subject to scheduled mandatory redemption and will be redeemed by the Town,
in part at a price equal to the principal amount thereof, without premium, plus accrued interest to
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the redemption date, out of moneys available for such purpose in the Interest and Sinking Fund,
on the dates and in the respective principal amounts as set forth below.
$ Term Certificates Maturing March 1, 20
Redemption Date Redemption Amount
March 1, 20__
March 1, 20__*
*maturity
$ Term Certificates Maturing March 1, 20
Redemption Date Redemption Amount
March 1, 20__
March 1, 20__*
*maturity
$ Term Certificates Maturing March 1, 20
Redemption Date Redemption Amount
March 1, 20__
March 1, 20__*
*maturity
At least forty-five (45) days prior to each scheduled mandatory redemption date, the Paying
Agent/Registrar shall select for redemption by lot, or by any other customary method that results
in a random selection, a principal amount of Term Certificates equal to the aggregate principal
amount of such Term Certificates to be redeemed, shall call such Term Certificates for redemption
on such scheduled mandatory redemption date, and shall give notice of such redemption, as
provided in the Ordinance.
In lieu of calling the Term Certificates described above, for mandatory redemption, the
Town reserves the right to purchase such Term Certificates at a price not exceeding the principal
amount thereof, plus accrued interest, with (a) moneys on deposit in the Interest and Sinking Fund
which are available for the mandatory redemption of such Term Certificates or (b) other lawfully
available funds.
Upon any such purchase in lieu of redemption, not less than five (5) days prior to a
mandatory redemption date, the Town shall deliver such Term Certificates to the Paying
Agent/Registrar prior to the selection of the Term Certificates for redemption and the principal
amount so delivered shall be credited against the amount required to be called for redemption in
that year.
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Notice of such redemption or redemptions shall be given by first class mail, postage
prepaid, not less than 30 days before the date fixed for redemption, to the registered owner of each
of the Certificates to be redeemed in whole or in part. Notice having been so given, the Certificates
or portions thereof designated for redemption shall become due and payable on the redemption
date specified in such notice; from and after such date, notwithstanding that any of the Certificates
or portions thereof so called for redemption shall not have been surrendered for payment, interest
on such Certificates or portions thereof shall cease to accrue.
The Town reserves the right to give notice of its election or direction to redeem Certificates
conditioned upon the occurrence of subsequent events. Such notice may state (i) that the
redemption is conditioned upon the deposit of moneys and/or authorized securities, in an amount
equal to the amount necessary to effect the redemption, with the Paying Agent/Registrar, or such
other entity as may be authorized by law, no later than the redemption date, or (ii) that the Town
retains the right to rescind such notice at any time on or prior to the scheduled redemption date if
the Town delivers a certificate of the Town to the Paying Agent/Registrar instructing the Paying
Agent/Registrar to rescind the redemption notice and such notice and redemption shall be of no
effect if such moneys and/or authorized securities are not so deposited or if the notice is rescinded.
The Paying Agent/Registrar shall give prompt notice of any such rescission of a conditional notice
of redemption to the affected Owners. Any Certificates subject to conditional notice of redemption
and such redemption has been rescinded shall remain Outstanding and the rescission of such
redemption shall not constitute an event of default. Further, in the case of a conditional redemption,
the failure of the Town to make moneys and or authorized securities available in part or in whole
on or before the redemption date shall not constitute an event of default.
As provided in the Ordinance, and subject to certain limitations therein set forth, this
Certificate is transferable upon surrender of this Town for transfer at the Designated
Payment/Transfer Office of the Paying Agent/Registrar with such endorsement or other evidence
of transfer as is acceptable to the Paying Agent/Registrar; thereupon, one or more new fully
registered Certificates of the same stated maturity, of authorized denominations, bearing the same
rate of interest, and for the same aggregate principal amount will be issued to the designated
transferee or transferees.
Neither the Town nor the Paying Agent/Registrar shall be required to issue, transfer or
exchange any Certificate called for redemption where such redemption is scheduled to occur
within 45 calendar days of the date fixed for redemption; provided, however, such limitation shall
not be applicable to an exchange by the registered owner of the uncalled principal balance of a
Certificate.
The Town, the Paying Agent/Registrar, and any other person may treat the person in whose
name this Certificate is registered as the owner hereof for the purpose of receiving payment as
herein provided (except interest shall be paid to the person in whose name this Certificate is
registered on the Record Date, or the Special Record Date, as applicable) and for all other purposes,
whether or not this Certificate be overdue, and neither the Town nor the Paying Agent/Registrar
shall be affected by notice to the contrary.
IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Certificate and the
series of which it is a part is duly authorized by law; that all acts, conditions, and things to be done
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precedent to and in the issuance of the Certificates have been properly done and performed and
have happened in regular and due time, form, and manner as required by law; that ad valorem taxes
upon all taxable property in the Town have been levied for and pledged to the payment of the debt
service requirements of the Certificates within the limit prescribed by law; that, in addition to said
taxes, further provisions have been made for the payment of the debt service requirements of the
Certificates from a pledge of a limited amount of the Surplus Revenues, as described in the
Ordinance, derived by the Town from the operation of the municipal drainage utility system in an
amount limited to $1,000, that when so collected, such taxes and Surplus Revenues shall be
appropriated to such purposes; and that the total indebtedness of the Town, including the
Certificates, does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the Town has caused this Certificate to be executed by the
manual or facsimile signature of the Mayor of the Town and countersigned by the manual or
facsimile signature of the Town Secretary, and the official seal of the Town has been duly
impressed or placed in facsimile on this Certificate.
Mayor, Town of Trophy Club, Texas
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
(b) Form of Comptroller’s Registration Certificate. The following Comptroller’s
Registration Certificate may be deleted from the definitive Certificates if such certificate on the
Initial Certificate is fully executed.
OFFICE OF THE COMPTROLLER §
OF PUBLIC ACCOUNTS § REGISTER NO. ____________
OF THE STATE OF TEXAS §
I hereby certify that there is on file and of record in my office a certificate of the Attorney
General of the State of Texas to the effect that this Certificate has been examined by him as
required by law, that he finds that it has been issued in conformity with the Constitution and laws
of the State of Texas, and that it is a valid and binding obligation of the Town of Trophy Club,
Texas; and that this Certificate has this day been registered by me.
Witness my hand and seal of office at Austin, Texas, _____________________.
Comptroller of Public Accounts
of the State of Texas
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(c) Form of Certificate of Paying Agent/Registrar. The following Certificate of Paying
Agent/Registrar may be deleted from each Initial Certificate if the Comptroller’s Registration
Certificate appears thereon.
CERTIFICATE OF PAYING AGENT/REGISTRAR
The records of the Paying Agent/Registrar show that the Initial Certificates of this series
of Certificates was approved by the Attorney General of the State of Texas and registered by the
Comptroller of Public Accounts of the State of Texas, and that this is one of the Certificates
referred to in the within-mentioned Ordinance.
BOKF, N.A.,
as Paying Agent/Registrar
Dated: By:
Authorized Signatory
(d) Form of Assignment.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto (print
or typewrite name, address and Zip Code of transferee):
(Social Security or other identifying number: ____________________) the within Certificate and
all rights hereunder and hereby irrevocably constitutes and appoints ____________________
attorney to transfer the within Certificate on the books kept for registration hereof, with full power
of substitution in the premises.
Dated: __________________
Signature Guaranteed By:
____________________________________
____________________________________
Authorized Signatory
NOTICE: The Signature on this Assignment
must correspond with the name of the
registered owner as it appears on the face of the
within Certificate in every particular and must
be guaranteed in a manner acceptable to the
Paying Agent/Registrar.
(e) The initial Certificate shall be in the form set forth in subsections (a) through (d) of
this Section, except for the following alterations:
(i) immediately under the name of the Certificate, the headings “INTEREST
RATE,” and “MATURITY DATE” shall both be completed with the words “As Shown
Below” and the words “CUSIP NO.” shall be deleted;
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(ii) in the first paragraph of the Certificate, the words “on the Maturity Date
specified above, the sum of ____________________ DOLLARS” shall be deleted and the
following will be inserted: “on the first day of March in the years, in the principal
installments and bearing interest at the per annum rates set forth in the following schedule:
Years Principal Amount Interest Rate
(Information to be inserted from Section 3.02(c) hereof).
(iii) the Initial Certificate shall be numbered T-1.
Section 6.3. CUSIP Registration.
The Town may secure identification numbers through the CUSIP Global Services,
managed by S&P Capital IQ on behalf of the American Bankers Association, and may authorize
the printing of such numbers on the face of the Certificates. It is expressly provided, however, that
the presence or absence of CUSIP numbers on the Certificates shall be of no significance or effect
in regard to the legality thereof and neither the Town nor the attorneys approving said Certificates
as to legality are to be held responsible for CUSIP numbers incorrectly printed on the Certificates.
Section 6.4. Legal Opinion.
The approving legal opinion of Bracewell LLP, Bond Counsel, may be attached to or
printed on the reverse side of each Certificate over the certification of the Town Secretary of the
Town, which may be executed in facsimile.
Section 6.5. Statement Insurance.
A statement relating to a municipal bond insurance policy, if any, to be issued for the
Certificates, may be printed on each Certificate.
ARTICLE VII
SALE AND DELIVERY OF CERTIFICATES; DEPOSIT OF PROCEEDS; FLOW OF
FUNDS
Section 7.1. Sale of Certificates; Official Statement.
(a) The Certificates, having been duly advertised and offered for sale at competitive
bid, are hereby officially sold and awarded ___________________ (the “Purchaser”) for a
purchase price equal to the principal amount thereof plus accrued interest of $________________
and a cash premium of $_______________, being the bid which produced the lowest true interest
cost to the Town. The Initial Certificate shall be registered in the name of the Purchaser or its
designee.
(b) The form and substance of the Preliminary Official Statement and any addenda,
supplement or amendment thereto, are hereby in all respects approved and adopted and is hereby
deemed final as of its date within the meaning and for the purposes of paragraph (b)(1) of Rule
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15c2-12 under the Securities Exchange Act of 1934, as amended. The Mayor and Town Secretary
are hereby authorized and directed to cause to be prepared a final Official Statement (the “Official
Statement”) incorporating applicable pricing information pertaining to the Certificates, and to
execute the same by manual or facsimile signature and deliver appropriate numbers of executed
copies thereof to the Purchaser. The Official Statement as thus approved, executed and delivered,
with such appropriate variations as shall be approved by the Mayor and the Purchaser, may be
used by the Purchaser in the public offering and sale thereof. The Town Secretary is hereby
authorized and directed to include and maintain a copy of the Official Statement and any addenda,
supplement or amendment thereto thus approved among the permanent records of this meeting.
The use and distribution of the Preliminary Official Statement, and the preliminary public offering
of the Certificates by the Purchaser, is hereby ratified, approved and confirmed.
(c) All officers of the Town are authorized to execute such documents, certificates and
receipts as they may deem appropriate in order to consummate the delivery of the Certificates in
accordance with the terms of sale therefor including, without limitation, the Purchase Contract.
Further, in connection with the submission of the record of proceedings for the Certificates to the
Attorney General of the State of Texas for examination and approval of such Certificates, the
appropriate officer of the Town is hereby authorized and directed to issue a check of the Town
payable to the Attorney General of the State of Texas as a nonrefundable examination fee in the
amount required by Chapter 1202, Texas Government Code (such amount per series to be the
lesser of (i) 1/10th of 1% of the principal amount of such series of the Certificates or (ii) $9,500.)
(d) The obligation of the Purchaser to accept delivery of the Certificates is subject to
the Purchaser being furnished with the final, approving opinion of Bracewell LLP, bond counsel
for the Town, which opinion shall be dated and delivered the Closing Date.
Section 7.2. Control and Delivery of Certificates.
(a) The Mayor of the Town is hereby authorized to have control of the Initial
Certificate and all necessary records and proceedings pertaining thereto pending investigation,
examination, and approval of the Attorney General of the State of Texas, registration by the
Comptroller of Public Accounts of the State of Texas and registration with, and initial exchange
or transfer by, the Paying Agent/Registrar.
(b) After registration by the Comptroller of Public Accounts, delivery of the
Certificates shall be made to the Underwriter or a representative thereof under and subject to the
general supervision and direction of the Mayor, against receipt by the Town of all amounts due to
the Town under the terms of sale.
(c) In the event the Mayor or Town Secretary is absent or otherwise unable to execute
any document or take any action authorized herein, the Mayor Pro Tem and the Assistant Town
Secretary, respectively, shall be authorized to execute such documents and take such actions, and
the performance of such duties by the Mayor Pro Tem and the Assistant Town Secretary shall for
the purposes of this Ordinance have the same force and effect as if such duties were performed by
the Mayor and Town Secretary, respectively.
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Section 7.3. Deposit of Proceeds.
(a)First: All amounts received on the Closing Date as accrued interest on the
Certificates from the Certificate Date to the Closing Date, shall be deposited to the Interest and
Sinking Fund.
(b)Second: Proceeds of the Certificates in the amount of $____________ (including
premium in the amount of $________________ shall be deposited to a special account of the
Town, such moneys to be dedicated and used solely for the purposes for which the Certificates are
being issued as herein provided in Section 3.01.
(c)Third: Premium received on the Certificates in the amount of $______________
shall be used to pay the cost of issuing the Certificates. To the extent any of such amount is not
used for such purposes, such excess shall be deposited to the Interest and Sinking Fund.
ARTICLE VIII
INVESTMENTS
Section 8.1. Investments.
(a) Money in the Interest and Sinking Fund created by this Ordinance, at the option of
the Town, may be invested in such securities or obligations as permitted under applicable law.
(b) Any securities or obligations in which such money is so invested shall be kept and
held in trust for the benefit of the Owners and shall be sold and the proceeds of sale shall be timely
applied to the making of all payments required to be made from the fund from which the
investment was made.
Section 8.2. Investment Income.
(a) Interest and income derived from investment of the Interest and Sinking Fund be
credited to such fund.
(b) Interest and income derived from investment of the funds to be deposited pursuant
to Section 7.03(b) hereof shall be credited to the account where deposited until the acquisition or
construction of said projects is completed and thereafter, to the extent such interest and income are
present, such interest and income shall be deposited to the Interest and Sinking Fund.
ARTICLE IX
PARTICULAR REPRESENTATIONS AND COVENANTS
Section 9.1. Payment of the Certificates.
On or before each Interest Payment Date for the Certificates and while any of the
Certificates are outstanding and unpaid, there shall be made available to the Paying
Agent/Registrar, out of the Interest and Sinking Fund, money sufficient to pay such interest on and
principal of, redemption premium, if any, and interest on the Certificates as will accrue or mature
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on the applicable Interest Payment Date, maturity date and, if applicable, on a date of prior
redemption.
Section 9.2. Other Representations and Covenants.
(a) The Town will faithfully perform, at all times, any and all covenants, undertakings,
stipulations, and provisions contained in this Ordinance and in each Certificate; the Town will
promptly pay or cause to be paid the principal of, redemption premium, if any, and interest on each
Certificate on the dates and at the places and manner prescribed in such Certificate; and the Town
will, at the times and in the manner prescribed by this Ordinance, deposit or cause to be deposited
the amounts of money specified by this Ordinance.
(b) The Town is duly authorized under the laws of the State of Texas to issue the
Certificates; all action on its part for the creation and issuance of the Certificates has been duly
and effectively taken; and the Certificates in the hands of the Owners thereof are and will be valid
and enforceable obligations of the Town in accordance with their terms.
Section 9.3. Federal Income Tax Matters.
(a) General. The City covenants not to take any action or omit to take any action that,
if taken or omitted, would cause the interest on the Certificates to be includable in gross income
for federal income tax purposes. In furtherance thereof, the City covenants to comply with sections
103 and 141 through 150 of the Code and the provisions set forth in the Federal Tax Certificate
executed by the City in connection with the Certificates.
(b) No Private Activity Bonds. The City covenants that it will use the proceeds of the
Certificates (including investment income) and the property financed, directly or indirectly, with
such proceeds so that the Certificates will not be “private activity bonds” within the meaning of
section 141 of the Code. Furthermore, the City will not take a deliberate action (as defined in
section 1.141-2(d)(3) of the Regulations) that causes the Certificates to be a “private activity bond”
unless it takes a remedial action permitted by section 1.141-12 of the Regulations.
(c) No Federal Guarantee. The City covenants not to take any action or omit to take
any action that, if taken or omitted, would cause the Certificates to be “federally guaranteed”
within the meaning of section 149(b) of the Code, except as permitted by section 149(b)(3) of the
Code.
(d) No Hedge Bonds. The City covenants not to take any action or omit to take action
that, if taken or omitted, would cause the Certificates to be “hedge bonds” within the meaning of
section 149(g) of the Code.
(e) No Arbitrage Bonds. The City covenants that it will make such use of the proceeds
of the Certificates (including investment income) and regulate the investment of such proceeds of
the Certificates so that the Certificates will not be “arbitrage bonds” within the meaning of section
148(a) of the Code.
(f) Required Rebate. The City covenants that, if the City does not qualify for an
exception to the requirements of section 148(f) of the Code, the City will comply with the
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requirement that certain amounts earned by the City on the investment of the gross proceeds of the
Certificates, be rebated to the United States.
(g) Information Reporting. The City covenants to file or cause to be filed with the
Secretary of the Treasury an information statement concerning the Certificates in accordance with
section 149(e) of the Code.
(h) Record Retention. The City covenants to retain all material records relating to the
expenditure of the proceeds (including investment income) the Certificates and the use of the
property financed, directly or indirectly, thereby until three years after the last Certificate is
redeemed or paid at maturity (or such other period as provided by subsequent guidance issued by
the Department of the Treasury) in a manner that ensures their complete access throughout such
retention period.
(i) Registration. If the Certificates are “registration-required bonds” under section
149(a)(2) of the Code, the Certificates will be issued in registered form.
(j) Favorable Opinion of Bond Counsel. Notwithstanding the foregoing, the City will
not be required to comply with any of the federal tax covenants set forth above if the City has
received an opinion of nationally recognized bond counsel that such noncompliance will not
adversely affect the excludability of interest on the Certificates from gross income for federal
income tax purposes.
(k) Continuing Compliance. Notwithstanding any other provision of this Ordinance,
the City’s obligations under the federal tax covenants set forth above will survive the defeasance
and discharge of the Certificates for as long as such matters are relevant to the excludability of
interest on the Certificates from gross income for federal income tax purposes.
(l) Official Intent. For purposes of section 1.150-2(d) of the Regulations, to the extent
that an official intent to reimburse has not previously been adopted by the City, this Ordinance
serves as the City’s official declaration of intent to use proceeds of the Certificates to reimburse
itself from proceeds of the Certificates issued in the maximum amount authorized by this
Ordinance for certain expenditures paid in connection with the projects set forth herein. Any such
reimbursement will only be made (i) for an original expenditure paid no earlier than 60 days prior
to the date hereof and (ii) not later than 18 months after the later of (A) the date the original
expenditure is paid or (B) the date the project to which such expenditure relates is placed in service
or abandoned, but in to event more than three years after the original expenditure is paid.
(m) Qualified Tax-Exempt Obligations. The Town hereby designates the Certificates
as “qualified tax-exempt obligations” for purposes of section 265(b) of the Code. In connection
therewith, the Town represents (a) that the aggregate amount of tax-exempt obligations issued by
the Town during calendar year 2021, including the Certificates, which have been designated as
“qualified tax-exempt obligations” under section 265(b)(3) of the Code does not exceed
$10,000,000, and (b) that the reasonably anticipated amount of its tax-exempt obligations which
will be issued by the Town during calendar year 2021, including the Certificates, will not exceed
$10,000,000. For purposes of this Section 9.11, the term “tax-exempt obligations” does not include
“private activity bonds” within the meaning of section 141 of the Code, other than “qualified
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501(c)(3) bonds” within the meaning of section 145 of the Code. In addition, for purposes of this
Section 9.11, the Town includes all governmental units which are aggregate with the Town under
section 265(b) of the Code.
ARTICLE X
DEFAULT AND REMEDIES
Section 10.1. Events of Default.
Each of the following occurrences or events for the purpose of this Ordinance is hereby
declared to be an Event of Default:
(i) the failure to make payment of the principal of, redemption premium, if any,
or interest on any of the Certificates when the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant, agreement,
or obligation of the Town, which default materially and adversely affects the rights of the
Owners, including but not limited to their prospect or ability to be repaid in accordance
with this Ordinance, and the continuation thereof for a period of sixty (60) days after notice
of such default is given by any Owner to the Town.
Section 10.2. Remedies for Default.
(a) Upon the happening of any Event of Default, then any Owner or an authorized
representative thereof, including but not limited to a trustee or trustees therefor, may proceed
against the Town for the purpose of protecting and enforcing the rights of the Owners under this
Ordinance by mandamus or other suit, action or special proceeding in equity or at law in any court
of competent jurisdiction for any relief permitted by law, including the specific performance of
any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be
unlawful or in violation of any right of the Owners hereunder or any combination of such remedies.
(b) It is provided that all such proceedings shall be instituted and maintained for the
equal benefit of all Owners of Certificates then outstanding.
Section 10.3. Remedies Not Exclusive.
(a) No remedy herein conferred or reserved is intended to be exclusive of any other
available remedy, but each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or under the Certificates or now or hereafter existing at law
or in equity; provided, however, that notwithstanding any other provision of this Ordinance, the
right to accelerate the debt evidenced by the Certificates shall not be available as a remedy under
this Ordinance.
(b) The exercise of any remedy herein conferred or reserved shall not be deemed a
waiver of any other available remedy.
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ARTICLE XI
DISCHARGE
Section 11.1. Discharge.
The Certificates may be defeased, discharged or refunded in any manner permitted by
applicable law.
ARTICLE XII
CONTINUING DISCLOSURE UNDERTAKING
Section 12.1. Annual Reports.
(a) The City shall provide annually to the MSRB, (1) within six months after the end
of each fiscal year of the City, financial information and operating data with respect to the City of
the general type included in the final Official Statement, being information described in Tables
1-3, 9, 10, 12, 13 and 18, including financial statements of the City if audited financial statements
of the City are then available, and (2) if not provided as part such financial information and
operating data, audited financial statements of the City within 12 months after the end of each
fiscal year, when and if available. Any financial statements so to be provided shall be (i) prepared
in accordance with the accounting principles prescribed by the Generally Accepted Accounting
Principles or such other accounting principles as the City may be required to employ, from time to
time, by State law or regulation, and (ii) audited, if the City commissions an audit of such
statements and the audit is completed within the period during which they must be provided. If the
audit of such financial statements is not complete within 12 months after any such fiscal year end,
then the City shall file unaudited financial statements within such 12-month period and audited
financial statements for the applicable fiscal year, when and if the audit report on such statements
becomes available.
(b) If the City changes its fiscal year, it will notify the MSRB of the change (and of the
date of the new fiscal year end) prior to the next date by which the City otherwise would be required
to provide financial information and operating data pursuant to this Section.
(c) The financial information and operating data to be provided pursuant to this Section
may be set forth in full in one or more documents or may be included by specific referenced to any
document (including an official statement or other offering document, if it is available from the
MSRB) that theretofore has been provided to the MSRB or filed with the SEC.
Section 12.2. Material Event Notices.
(a) The Town shall notify the MSRB, in a timely manner not in excess of ten (10)
Business Days after the occurrence of the event, of any of the following events with respect to the
Certificates:
(i) Principal and interest payment delinquencies;
(ii) Non-payment related defaults, if material;
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(iii) Unscheduled draws on debt service reserves reflecting financial difficulties;
(iv) Unscheduled draws on credit enhancements reflecting financial difficulties;
(v) Substitution of credit or liquidity providers, or their failure to perform;
(vi) Adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-
TEB) or other material notices or determinations with respect to the tax status of the
Certificates, or other material events affecting the tax status of the Certificates;
(vii) Modifications to rights of holders of the Certificates, if material;
(viii) Certificate calls, if material, and tender offers;
(ix) Defeasances;
(x) Release, substitution, or sale of property securing repayment of the
Certificates, if material;
(xi) Rating changes;
(xii) Bankruptcy, insolvency, receivership or similar event of the Town;
(xiii) The consummation of a merger, consolidation, or acquisition involving the
Town or the sale of all or substantially all of the assets of the Town, other than in the
ordinary course of business, the entry into a definitive agreement to undertake such an
action or the termination of a definitive agreement relating to any such actions, other than
pursuant to its terms, if material; and
(xiv) Appointment of a successor Paying Agent/Registrar or change in the name
of the Paying Agent/Registrar, if material.
(xv) Incurrence of a Financial Obligation of the City, if material, or agreement
to covenants, events of default, remedies, priority rights, or other similar terms of a
Financial Obligation of the City, any of which affect security holders, if material; and
(xvi) Default, event of acceleration, termination event, modification of terms, or
other similar events under the terms of a Financial Obligation of the City, any of which
reflect financial difficulties.
Any event described in (xii), is considered to occur when any of the following occur: the
appointment of a receiver, fiscal agent, or similar officer for an obligated person in a proceeding
under the U.S. Bankruptcy code or in any other proceeding under state or federal law in which a
court or governmental authority has assumed jurisdiction over substantially all of the assets or
business of the obligated person, or if such jurisdiction has been assumed by leaving the existing
governing body and officials or officers in possession but subject to the supervision and orders of
a court or governmental authority, or the entry of an order confirming a plan of reorganization,
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arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction
over substantially all of the assets or business of the obligated person; and the City intends the
words used in the immediately preceding paragraphs (xv) and (xvi) and the definition of financial
obligations in those sections to have the same meanings as when they are used in rule and sec
release no. 34-83885, dated August 20, 2018.
(b) The Town shall provide to the MSRB, in an electronic format as prescribed by the
MSRB, in a timely manner, notice of a failure by the Town to provide required annual financial
information and notices of material events in accordance with Sections 12.01 and 12.02. All
documents provided to the MSRB pursuant to this section shall be accompanied by identifying
information as prescribed by the MSRB.
Section 12.3. Limitations, Disclaimers and Amendments.
(a) The Town shall be obligated to observe and perform the covenants specified in this
Article for so long as, but only for so long as, the Town remains an “obligated person” with respect
to the Certificates within the meaning of the Rule, except that the Town in any event will give
notice of any redemption calls and any defeasances that cause the Town to be no longer an
“obligated person.”
(b) The provisions of this Article are for the sole benefit of the Owners and beneficial
owners of the Certificates, and nothing in this Article, express or implied, shall give any benefit or
any legal or equitable right, remedy, or claim hereunder to any other person. The Town undertakes
to provide only the financial information, operating data, financial statements, and notices which
it has expressly agreed to provide pursuant to this Article and does not hereby undertake to provide
any other information that may be relevant or material to a complete presentation of the Town’s
financial results, condition, or prospects or hereby undertake to update any information provided
in accordance with this Article or otherwise, except as expressly provided herein. The Town does
not make any representation or warranty concerning such information or its usefulness to a
decision to invest in or sell Certificates at any future date.
UNDER NO CIRCUMSTANCES SHALL THE TOWN BE LIABLE TO THE OWNER
OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN
CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM
ANY BREACH BY THE TOWN, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS
PART, OF ANY COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND
REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF
ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR
SPECIFIC PERFORMANCE.
(c) No default by the Town in observing or performing its obligations under this Article
shall constitute a breach of or default under the Ordinance for purposes of any other provisions of
this Ordinance.
(d) Nothing in this Article is intended or shall act to disclaim, waive, or otherwise limit
the duties of the Town under federal and state securities laws.
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(e) The provisions of this Article may be amended by the Town from time to time to
adapt to changed circumstances that arise from a change in legal requirements, a change in law, or
a change in the identity, nature, status, or type of operations of the Town, but only if (i) the
provisions of this Article, as so amended, would have permitted an underwriter to purchase or sell
Certificates in the primary offering of the Certificates in compliance with the Rule, taking into
account any amendments or interpretations of the Rule to the date of such amendment, as well as
such changed circumstances, and (ii) either (A) the Owners of a majority in aggregate principal
amount (or any greater amount required by any other provisions of this Ordinance that authorizes
such an amendment) of the Outstanding Certificates consent to such amendment or (B) an entity
or individual person that is unaffiliated with the Town (such as nationally recognized bond
counsel) determines that such amendment will not materially impair the interests of the Owners
and beneficial owners of the Certificates. If the Town so amends the provisions of this Article, it
shall include with any amended financial information or operating data next provided in
accordance with Section 12.01 an explanation, in narrative form, of the reasons for the amendment
and of the impact of any change in type of financial information or operating data so provide.
ARTICLE XIII
AMENDMENTS
Section 13.1. Amendments.
This Ordinance shall constitute a contract with the Owners, be binding on the Town, and
shall not be amended or repealed by the Town so long as any Certificate remains outstanding
except as permitted in this Section. The Town may, without consent of or notice to any Owners,
from time to time and at any time, amend this Ordinance in any manner not detrimental to the
interests of the Owners, including the curing of any ambiguity, inconsistency, or formal defect or
omission herein. In addition, the Town may, with the written consent of the Owners of the
Certificates holding a majority in aggregate principal amount of the Certificates then outstanding,
amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the
consent of all Owners of outstanding Certificates, no such amendment, addition, or rescission shall
(i) extend the time or times of payment of the principal of and interest on the Certificates, reduce
the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other
way modify the terms of payment of the principal of or interest on the Certificates, (ii) give any
preference to any Certificate over any other Certificate, or (iii) reduce the aggregate principal
amount of Certificates required to be held by Owners for consent to any such amendment, addition,
or rescission.
ARTICLE XIV
MISCELLANEOUS
Section 14.1. Changes to Ordinance.
The Mayor and the Chief Financial Officer, in consultation with Bond Counsel, are hereby
authorized to make changes to the terms of this Ordinance if necessary or desirable to carry out
the purposes hereof or in connection with the approval of the issuance of the Certificates by the
Attorney General of Texas.
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Section 14.2. Partial Invalidity.
If any section, paragraph, clause or provision of this Ordinance shall for any reason be held
to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause
or provision shall not affect any of the remaining provisions of the Ordinance.
Section 14.3. No Personal Liability.
No recourse shall be had for payment of the principal of or interest on any Certificates or
for any claim based thereon, or on this Ordinance, against any official or employee of the Town
or any person executing any Certificates.
ARTICLE XV
EFFECTIVENESS
Section 15.1. Effectiveness.
This Ordinance shall take effect immediately from and after its passage.
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Signature Page for Ordinance
Series 2021 Combination Tax and Revenue Certificates of Obligation
# DM8091590.1
APPROVED AND ADOPTED this August 24, 2021.
Alicia Fleury, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Leticia Vacek, Town Secretary
Town of Trophy Club, Texas
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Page 1 of 2
To: Mayor and Town Council
From: Mike Erwin, Finance Manager
CC: Wade L. Carroll, Town Manager
Leticia Vacek, Town Secretary
Re: Ordinance for Updated Annual Service and Assessment Plan and Assessment Roll
Town Council Meeting, August 24, 2021
Agenda Item:
Consider and take appropriate action regarding an Ordinance of the Town Council of the Town
of Trophy Club accepting and approving an Update of the Service and Assessment Plan and an
Updated Assessment Roll for the Town of Trophy Club Public Improvement District No. 1
(Authorized Improvements Assessment); making and adopting findings; accepting and approving
the annual Service Plan Update and Updated Assessment Roll; and providing an effective date
(M. Erwin).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
Annually, the Town Council accepts the updated Service and Assessment Plan (SAP) and
Assessment Roll for the Town of Trophy Club’s Public Improvement District No. 1 (PID). Revenue
bonds were issued in 2007 for the acquisition, construction, and maintenance of this property
(located at The Highlands of Trophy Club), and, in 2015, Special Assessment Revenue Refunding
Bonds were issued. All funds have been expended for the Authorized Improvements.
Financial Considerations:
The SAP is prepared to identify the Authorized Improvements to be provided by the PID, including
costs, indebtedness, and manner of assessing the property in the PID for the costs of the
Authorized Improvements. This update for 2021 includes the assessment roll identifying each
parcel based on the method of assessment set forth in the Service and Assessment Plan, as
amended, and pursuant to this SAP update. No parcel subdivisions have been made since the last
update of the Assessment Plan in 2020.
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Page 2 of 2
Legal Review:
None applicable
Board/Commission/ or Committee Recommendation:
None applicable
Staff Recommendation:
Staff recommends approval of the Ordinance No. 2021-15
Attachments:
Ordinance No. 2021-15
Annual Service Plan Update (2021) Trophy Club PID No. 1
Town Council Approval:
Mayor Alicia L. Fleury or designee
132
TOWN OF TROPHY CLUB
ORDINANCE NO. 2021-15
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS ACCEPTING AND APPROVING AN UPDATE OF THE
SERVICE AND ASSESSMENT PLAN AND AN UPDATED ASSESSMENT
ROLL FOR THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT
DISTRICT NO. 1 (“PID”) IN COMPLIANCE WITH CHAPTER 372
(AUTHORIZED IMPROVEMENT ASSESSMENT); MAKING AND
ADOPTING FINDINGS; PROVIDING FOR THE INCORPORATION OF
FINDINGS; ACCEPTING AND APPROVING THE ANNUAL SERVICE
PLAN UPDATE AND UPDATED ASSESSMENT ROLL FOR PID
ATTACHED AS EXHIBIT “A” HERETO; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING SEVERABILITY, PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town of
Trophy Club, Texas (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 Public Improvement District Assessment Act,
Chapter 372, Texas Local Government Code, as amended (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 PID in
accordance with its finding as to the advisability of the public improvements and services;
and
WHEREAS, on November 5, 2007, after notice and a public hearing conducted in
the manner required by law, the Town Council adopted Ordinance No. 2007-29, which
was supplemented by Ordinance No. 2009-24 adopted by the Town Council on
September 28, 2009 (as supplemented, the “Assessment Ordinance”); and
WHEREAS, on December 13, 2007, the Town Council issued special assessment
revenue bonds secured by the assessments levied pursuant to the Assessment
Ordinance (the “2007 Bonds”); and
WHEREAS, on December 22, 2015, the Town Council issued special assessment
revenue refunding bonds (the “2015 Bonds”), to refund in full the 2007 Bonds, such 2015
Bonds being secured by the assessments levied pursuant to the Assessment Ordinance;
and
WHEREAS, Section 372.013 of the PID Act and the Service and Assessment Plan
require that the Service and Assessment Plan and Assessment Roll be annually reviewed
and updated; and
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ORD 2021-15 Page 2 of 4
WHEREAS, pursuant to the issuance of the 2015 Bonds, the Service and
Assessment Plan should be updated to reflect the issuance of the 2015 Bonds; and
WHEREAS, the Annual Service Plan Update and updated Assessment Roll
attached as Exhibit “A” hereto conform the original Assessment Roll to the principal and
interest payment schedule required for the 2015 Bonds, thereby reducing the amounts
listed on the original Assessment Roll, and update the Assessment Roll to reflect
prepayments, property divisions and changes to the budget allocation for District public
improvements that occur during the year, if any; and
WHEREAS, the Town Council now desires to proceed with the adoption of this
Ordinance which supplements the Assessment Ordinance and approves and adopts the
Annual Service Plan Update and the Updated Assessment Roll attached thereto, in
conformity with the requirements of the PID Act, for the fiscal year beginning October 1,
2021, and ending September 30, 2022.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF FINDINGS
The findings and determinations set forth in the preambles above are incorporated
herein for all purposes and are hereby adopted.
SECTION 2.
ANNUAL SERVICE PLAN UPDATE AND UPDATED ASSESSMENT ROLL
The Annual Service Plan Update and Updated Assessment Roll attached hereto
as Exhibit “A” are hereby accepted and approved and compliance with the PID Act in
all matters is required.
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances except for those instances where there are direct
conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the
time this Ordinance shall take effect and that are inconsistent with this Ordinance are
hereby repealed to the extent that they are inconsistent with this Ordinance. Provided
however, that any complaint, action, claim, or lawsuit which has been initiated or has
arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance
shall continue to be governed by the provisions of that Ordinance and for that purpose
the Ordinance shall remain in full force and effect.
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ORD 2021-15 Page 3 of 4
SECTION 4.
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 5.
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 6.
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 in accordance with the law.
ADOPTED, PASSED, and APPROVED by the Town Council, by a vote of
_______ members voting “for”, _______ members voting “against”, and with _______
absentees on this 24th day of August 2021.
Alicia L. Fleury, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:APPROVED AS TO FORM:
Leticia Vacek, Town Secretary J. David Dodd III, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
135
Exhibit “A”
Annual Service Plan Update and Updated Assessment Roll
136
137
138
139
140
141
142
143
144
145
146
147
148
149
1371 PAGES, AVAILABLE
UPON REQUEST AT TOWN
HALL
150
151
FIXED ASSESSMENT:
TAX RATE = $0.06412
TAX RATE = $0.06476
FY 22
$510,812
PARKS ROADS TRAILSLANDSCAPING AND IRRIGATION WATER DISTRIBUTION LINESDRAINAGE IMPROVEMENTS
EMS SERVICES FIRE SUPPRESSION & CONTROL INSPECTION SERVICESARSON INVESTIGATIONS HAZARDOUS MATERIAL RESPONSE SEARCH AND RESCUE
0.99%
TOTAL COST FOR FY 21 =
EMERGENCY SERVICES ASSESSMENT:
TOTAL COST FOR FY 22 =$528,546
This assessment pays for the proportionate share of Fire Services,
just as residents outside of the PID pay their proportionate share
through the MUD.
FY 21
Property owners in the Public Improvement District also pay an assessment on public improvements constructed in the
PID. In 2007, $27,500,000 in Series 2007 Bonds were issued for payment on thoroughfare improvements, water
distribution systems, elevated water tank, wastewater collection systems, trail systems, open space and public parks
within the boundaries of the PID.
The annual assessment for FY22 is between $1,241.77 and $2,342.97 based on lot size and are programmed to
increase by 1.5% each year. These payments are applicable until 2032. For information on individual payoff
amounts, contact DTA at (949)955-1500.
In 2007 the Town of Trophy Club created the first municipally bonded Public Improvement District
(PID) in the State of Texas. The District was created principally to finance certain public
improvement projects for the remaining portions of the residential component of the master planned
development known as “The Highlands”. A Service and Assessment Plan was then established
setting forth a plan to cover the costs for improvement projects and services which would be
assessed against the properties within the District for payment of the special assessments.
The PID District includes approximately 609 acres or 23% of the corporate limits located within the Town of Trophy
Club. The District is generally located in the North and Northwest areas of Town. For a more precise location of the
PID’s boundaries or to find out if your home is located in the PID, contact us at (682)237-2900.
www.TROPHYCLUB.ORG/PID
PUBLIC IMPROVEMENT DISTRICT ASSESSMENTS:
PUBLIC IMPROVEMENT DISTRICT BOUNDARIES:
home pays annually$320.60 which is approx.
LESS$3.20
than last year, in
FY 21.
,
Trophy Club $500,000
The AVERAGE
152
To: Mayor and Town Council
From: Mike Erwin, Finance Manager
CC: Wade Carroll, Town Manager
Leticia Vacek, Town Secretary/RMO
Ernest Gillespie, Staff Accountant
Re: Procurement of Annual Licensing and Support from Tyler Technologies (Incode)
Town Council Meeting, August 24, 2021
Agenda Item:
Consider and take appropriate action regarding a request for procurement of Tyler
Technologies (Incode); and authorizing the Mayor or her designee to execute all necessary
documents.
Explanation:
The proposed request is for the annual licensing and support costs for Tyler Technologies (Incode)
beginning September 1, 2021. This request meets all our purchasing guidelines and is purchased
off the approved Sourcewell, (formerly National Joint Powers Alliance (NJPA)) contract.
The total annual licensing and support cost for Tyler Technologies is not to exceed $60,000,
$48,602 for Tyler Annual Software and $9,438 for implementation of Incode 10 Dallas Regional
Warrant Interface. The total of the FY21 requisition is $42,060.25 and the majority of the increase
is due to moving Incode services to the cloud and the additional warrant software.
Strategic Link:
Infrastructure & Development – Maintain and improve all Town infrastructure. Administrative &
Financial Services – Exercise fiscal discipline in all Town operations. Administrative & Financial
Services – Provide high value technology and information services.
Financial Considerations:
This item is budgeted for in the Information Services budget under Software & Support.
Legal Review:
Not Applicable.
Board/Commission/or Committee Recommendation:
Not Applicable.
153
Staff Recommendation:
Staff recommends approval of the Agreement as presented.
Attachments:
Tyler Technologies Software as a Service Agreement
Town Council Approval:
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Mayor Alicia Fleury or designee
154
1
SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment
Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler
desires to provide such products and services under the terms of this Agreement;
WHEREAS, Client is a member of Sourcewell (formerly known as National Joint Powers Alliance)
(“Sourcewell”) under member number 164444.
WHEREAS, Tyler participated in the competitive bid process in response to Sourcewell RFP #090320 by
submitting a proposal, on which Sourcewell awarded Tyler a Sourcewell contract, numbered 090320-TTI
(hereinafter, the “Sourcewell Contract”);
WHEREAS, documentation of the Sourcewell competitive bid process, as well as Tyler’s contract with
and pricing information for Sourcewell is available at https://sourcewell-mn.gov/cooperative-
purchasing/; and
WHEREAS, Client desires to purchase off the Sourcewell Contract to procure financial, customer
relationship, court, and EnerGov management software functionality from Tyler, which Tyler agrees to
deliver pursuant to the Sourcewell Contract and under the terms and conditions set forth below;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth
in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
“Agreement” means this Software as a Service Agreement.
“Business Travel Policy” means our business travel policy. A copy of our current Business Travel
Policy is attached as Schedule 1 to Exhibit B.
“Client” means the Town of Trophy Club, Texas.
“Data” means your data necessary to utilize the Tyler Software.
“Data Storage Capacity” means the contracted amount of storage capacity for your Data
identified in the Investment Summary.
“Defect” means a failure of the Tyler Software to substantially conform to the functional
descriptions set forth in our written proposal to you, or their functional equivalent. Future
functionality may be updated, modified, or otherwise enhanced through our maintenance and
support services, and the governing functional descriptions for such future functionality will be
set forth in our then-current Documentation.
“Defined Users” means the number of users that are authorized to use the SaaS Services. The
Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A
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contains EnerGov labeled software, defined users mean the maximum number of named users
that are authorized to use the EnerGov labeled modules as indicated in the Investment
Summary.
“Developer” means a third party who owns the intellectual property rights to Third Party
Software.
“Documentation” means any online or written documentation related to the use or
functionality of the Tyler Software that we provide or otherwise make available to you, including
instructions, user guides, manuals and other training or self-help documentation.
“Effective Date” means the date by which both your and our authorized representatives have
signed the Agreement.
“Force Majeure” means an event beyond the reasonable control of you or us, including, without
limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other
cause that could not with reasonable diligence be foreseen or prevented by you or us.
“Investment Summary” means the agreed upon cost proposal for the products and services
attached as Exhibit A.
“Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current
Invoicing and Payment Policy is attached as Exhibit B.
“Order Form” means an ordering document that includes a quote or investment summary and
specifying the items to be provided by Tyler to Client, including any addenda and supplements
thereto.
“SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary.
“SaaS Services” means software as a service consisting of system administration, system
management, and system monitoring activities that Tyler performs for the Tyler Software, and
includes the right to access and use the Tyler Software, receive maintenance and support on the
Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and
archiving. SaaS Services do not include support of an operating system or hardware, support
outside of our normal business hours, or training, consulting or other professional services.
“SLA” means the service level agreement. A copy of our current SLA is attached hereto as
Exhibit C.
“Support Call Process” means the support call process applicable to all of our customers who
have licensed the Tyler Software. A copy of our current Support Call Process is attached as
Schedule 1 to Exhibit C.
“Third Party Hardware” means the third party hardware, if any, identified in the Investment
Summary.
“Third Party Products” means the Third Party Software and Third Party Hardware.
“Third Party Services” means the third party services, if any, identified in the Investment
Summary.
“Third Party Software” means the third party software, if any, identified in the Investment
Summary.
“Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the
Third Party Products or other parties’ products or services, as applicable.
“Tyler” means Tyler Technologies, Inc., a Delaware corporation.
“Tyler Software” means our proprietary software, including any integrations, custom
modifications, and/or other related interfaces identified in the Investment Summary and
licensed by us to you through this Agreement.
“we”, “us”, “our” and similar terms mean Tyler.
“you” and similar terms mean Client.
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SECTION B – SAAS SERVICES
1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS
Services solely for your internal business purposes for the number of Defined Users only. The Tyler
Software will be made available to you according to the terms of the SLA. You acknowledge that we
have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS
Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software,
as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you
perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are
receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms
and conditions of this Agreement including, without limitation, Section B(4). We will make any such
software available to you for download.
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our
Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount
of Data Storage Capacity. You may add additional users or additional data storage capacity on the
terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined
Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate
with the overage(s).
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software,
and anything developed by us under this Agreement. You do not acquire under this Agreement
any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for
internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize
that except to the extent necessary to carry out our obligations contained in this Agreement, we
do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS
Services available in any manner to any third party for use in the third party’s business operations;
(b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of
the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a
third party in building or supporting, products or services competitive to us; or (d) license, sell, rent,
lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service
bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or
Documentation available to any third party other than as expressly permitted by this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the
term of this Agreement. If the Tyler Software does not perform as warranted, we will use all
reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the
maintenance and support process set forth in Section C(9), below, the SLA and our then current
Support Call Process.
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6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on
Standards for Attestation Engagements (“SSAE”) No. 18. We have attained, and will maintain,
SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS
Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution
of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a
summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the
NDA is in effect and in which you make a written request, we will provide that same
information. If our SaaS Services are provided using a 3rd party data center, we will provide
available compliance reports for that data center.
6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In
either event, databases containing your Data will be dedicated to you and inaccessible to our
other customers.
6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and
the required hardware to provide access to the Tyler Software in the event of a disaster or
component failure. In the event of a data center failure, we reserve the right to employ our
disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a
Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24
hours. RPO represents the maximum duration of time between the most recent recoverable
copy of your hosted Data and subsequent data center failure. RTO represents the maximum
duration of time following data center failure within which your access to the Tyler Software
must be restored.
6.4 We conduct annual penetration testing of either the production network and/or web
application to be performed. We will maintain industry standard intrusion detection and
prevention systems to monitor malicious activity in the network and to log and block any such
activity. We will provide you with a written or electronic record of the actions taken by us in the
event that any unauthorized access to your database(s) is detected as a result of our security
protocols. We will undertake an additional security audit, on terms and timing to be mutually
agreed to by the parties, at your written request. You may not attempt to bypass or subvert
security restrictions in the SaaS Services or environments related to the Tyler Software.
Unauthorized attempts to access files, passwords or other confidential information, and
unauthorized vulnerability and penetration test scanning of our network and systems (hosted or
otherwise) is prohibited without the prior written approval of our IT Security Officer.
6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.
Should you request a client-specific disaster recovery test, we will work with you to schedule
and execute such a test on a mutually agreeable schedule. At your written request, we will
provide test results to you within a commercially reasonable timeframe after receipt of the
request.
6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be
responsible for running reports and testing critical processes to verify the returned Data.
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6.7 We provide secure Data transmission paths between each of your workstations and our servers.
6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other
visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
Entry attempts to the data center are regularly audited by internal staff and external auditors to
ensure no unauthorized access.
6.9 Where applicable with respect to our applications that take or process card payment data, we
are responsible for the security of cardholder data that we possess, including functions relating
to storing, processing, and transmitting of the cardholder data and affirm that, as of the
Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and
have performed the necessary steps to validate compliance with the PCI DSS. We agree to
supply the current status of our PCI DSS compliance program in the form of an official
Attestation of Compliance, which can be found at https://www.tylertech.com/about-
us/compliance, and in the event of any change in our status, will comply with applicable notice
requirements.
SECTION C – PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in
the Investment Summary and described in the Statement of Work.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set
forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and
Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith
estimates of the amount of time and materials required for your implementation. We will bill you
the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the
total values set forth in the Investment Summary will be resolved by multiplying the applicable
hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the
scope of services and related costs (including programming and/or interface estimates) required for
the project based on our understanding of the specifications you supplied. If additional work is
required, or if you use or request additional services, we will provide you with an addendum or
change order, as applicable, outlining the costs for the additional work. The price quotes in the
addendum or change order will be valid for thirty (30) days from the date of the quote.
4. Cancellation. If travel is required, we will make all reasonable efforts to schedule travel for our
personnel, including arranging travel reservations, at least two (2) weeks in advance of
commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for
Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us
on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to
reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you
cancel within two (2) weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent
with industry standards. In the event we provide services that do not conform to this warranty, we
will re-perform such services at no additional cost to you.
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6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to
your personnel, facilities, and equipment as may be reasonably necessary for us to provide
implementation services, subject to any reasonable security protocols or other written policies
provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone
criminal background checks prior to hire. All employees sign our confidentiality agreement and
security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative
process requiring the time and resources of your personnel. You agree to use all reasonable efforts
to cooperate with and assist us as may be reasonably required to meet the agreed upon project
deadlines and other milestones for implementation. This cooperation includes at least working with
us to schedule the implementation-related services outlined in this Agreement. We will not be
liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or
to the failure by your personnel to provide such cooperation and assistance (either through action
or omission).
9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing
and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process,
we will:
9.1 perform our maintenance and support obligations in a professional, good, and workmanlike
manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to
any applicable release life cycle policy);
9.2 provide support during our established support hours;
9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third
Party Software, if any, in order to provide maintenance and support services;
9.4 make available to you all releases to the Tyler Software (including updates and enhancements)
that we make generally available without additional charge to customers who have a
maintenance and support agreement in effect; and
9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with
any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. Currently, we use a third-party
secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree
to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You
agree to provide us with a login account and local administrative privileges as we may reasonably
require to perform remote services. We will, at our option, use the secure connection to assist with
proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot
resolve a support issue remotely, we may be required to provide onsite services. In such event, we will
be responsible for our travel expenses, unless it is determined that the reason onsite support was
required was a reason outside our control. Either way, you agree to provide us with full and free access
to the Tyler Software, working space, adequate facilities within a reasonable distance from the
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equipment, and use of machines, attachments, features, or other equipment reasonably necessary for
us to provide the maintenance and support services, all at no charge to us. We strongly recommend
that you also maintain your VPN for backup connectivity purposes.
For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless
Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design;
(c) other consulting services; or (d) support outside our normal business hours as listed in our then-
current Support Call Process. Requested services such as those outlined in this section will be billed to
you on a time and materials basis at our then current rates. You must request those services with at
least one (1) weeks’ advance notice.
SECTION D – THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have
purchased any, for the price set forth in the Investment Summary. Those amounts are payable in
accordance with our Invoicing and Payment Policy.
2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party
Software and related documentation for internal business purposes only. Your rights to the Third
Party Software will be governed by the Third Party Terms.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant access to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive
free and clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not
warrant or guarantee the performance of the Third Party Products. However, we grant and pass
through to you any warranty that we may receive from the Developer or supplier of the Third
Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided
independent of Tyler by such third-party at the rates set forth in the Investment Summary and in
accordance with our Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in
the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the
warranties in this Agreement, you will provide us with written notice within thirty (30) days of your
receipt of the applicable invoice. The written notice must contain reasonable detail of the issues
you contend are in dispute so that we can confirm the issue and respond to your notice with either a
justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues
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presented in your notice. We will work with you as may be necessary to develop an action plan that
outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we
complete the action items outlined in the plan. If we are unable to complete the action items
outlined in the action plan because of your failure to complete the items agreed to be done by you,
then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS
Services, including maintenance and support services, if you fail to pay an invoice not disputed as
described above within fifteen (15) days of notice of our intent to do so.
SECTION F – TERM AND TERMINATION
1. Term. The initial term of this Agreement is equal to the number of years indicated for SaaS Services
in Exhibit A, commencing on the first day of the first month following the Effective Date, unless
earlier terminated as set forth below. If no duration is indicated in Exhibit A, the initial term is one
(1) year. Upon expiration of the initial term, this Agreement will renew automatically for additional
one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either
party at least sixty (60) days prior to the end of the then-current renewal term. Your right to access
or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination,
you will pay us for all undisputed fees and expenses related to the software, products, and/or
services you have received, or we have incurred or delivered, prior to the effective date of
termination. Disputed fees and expenses in all terminations other than your termination for cause
must have been submitted as invoice disputes in accordance with Section E(2).
2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is
contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we
may discontinue the SaaS Services and deny your access to the Tyler Software. We may also
terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of
receiving written notice of our intent to terminate.
2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the
Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause
in the event we do not cure, or create a mutually agreeable action plan to address, a material
breach of this Agreement within the thirty (30) day window set forth in Section H(3).
2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event
suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds
sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty
(30) days written notice to us. You will not be entitled to a refund or offset of previously paid,
but unused SaaS Fees. You agree not to use termination for lack of appropriations as a
substitute for termination for convenience.
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SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation
infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets,
and will pay the amount of any resulting adverse final judgment (or settlement to which we
consent). You must notify us promptly in writing of the claim and give us sole control over its
defense or settlement. You agree to provide us with reasonable assistance, cooperation, and
information in defending the claim at our expense.
1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final
judgment is based on your use of the Tyler Software in contradiction of this Agreement,
including with non-licensed third parties, or your willful infringement.
1.3 If we receive information concerning an infringement or misappropriation claim related to the
Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for
you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a
functional equivalent, in which case you will stop running the allegedly infringing Tyler Software
immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you
may continue to use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software
is enjoined by a court of competent jurisdiction, in addition to paying any adverse final
judgment (or settlement to which we consent), we will, at our option, either: (a) procure the
right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional
equivalent. This section provides your exclusive remedy for third party copyright, patent, or
trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and
against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including
reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent
caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a
law applicable to our performance under this Agreement. You must notify us promptly in
writing of the claim and give us sole control over its defense or settlement. You agree to
provide us with reasonable assistance, cooperation, and information in defending the claim at
our expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our
agents, officials, and employees from and against any and all third-party claims, losses,
liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for
personal injury or property damage to the extent caused by your negligence or willful
misconduct; or (b) your violation of a law applicable to your performance under this Agreement.
We will notify you promptly in writing of the claim and will give you sole control over its defense
or settlement. We agree to provide you with reasonable assistance, cooperation, and
information in defending the claim at your expense.
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3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,
OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY
OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO
YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH
IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL
TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES
ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN
RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER
APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS
OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF
LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain
the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b)
Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d)
Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella
Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General
Liability and Automobile Liability policies, which will automatically add you as an additional insured
to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of
insurance upon your written request.
SECTION H – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates
set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a
mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12)
months have expired, you may purchase additional products and services at our then-current list
price, also by executing a mutually agreed addendum. The terms of this Agreement will control any
such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will
be valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming
aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes,
including, if requested by either party, appointing a senior representative to meet and engage in
good faith negotiations with our appointed senior representative. Senior representatives will
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convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings
and discussions between senior representatives will be deemed confidential settlement discussions
not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If
we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort
to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may
assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this
section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution
procedures.
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation,
sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt
certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will
reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a
copy. For clarity, we are responsible for paying our income taxes, both federal and state, as
applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for
employment concerning the performance of our responsibilities under this Agreement. This
discrimination prohibition will apply to all matters of initial employment, tenure, and terms of
employment, or otherwise with respect to any matter directly or indirectly relating to employment
concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that
is unrelated to the individual's ability to perform the duties of a particular job or position, height,
weight, marital status, or political affiliation. We will post, where appropriate, all notices related to
nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your
project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior
written consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of,
either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement
without the prior written consent of the other party; provided, however, your consent is not
required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or
purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in
performing its obligations under this Agreement to the extent that the delay is caused by Force
Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the
party whose performance is delayed provides the other party with written notice explaining the
cause and extent thereof, as well as a request for a reasonable time extension equal to the
estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you
and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have
the right to make any claim or assert any right under this Agreement. This provision does not affect
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the rights of third parties under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and
us with respect to the subject matter hereof, and supersedes any prior agreements, understandings,
and representations, whether written, oral, expressed, implied, or statutory. Purchase orders
submitted by you, if any, are for your internal administrative purposes only, and the terms and
conditions contained in those purchase orders will have no force or effect. This Agreement may
only be modified by a written amendment signed by an authorized representative of each party.
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the
remainder of this Agreement will be considered valid and enforceable to the fullest extent
permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced
by either party, such non-enforcement will not act as or be deemed to act as a waiver or
modification of this Agreement, nor will such non-enforcement prevent such party from enforcing
each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as
notice of an alleged material breach for a termination for cause or a dispute that must be submitted
to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the
following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail,
return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of
proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United
States Postal Service authorized mail center with proper postage (certified mail, return receipt
requested) affixed and addressed to the other party at the address set forth on the signature page
hereto or such other address as the party may have designated by proper notice. The consequences
for the failure to receive a notice due to improper notification by the intended receiving party of a
change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and
promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of
performance of this Agreement, may be exposed to confidential information and that disclosure of
such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be
confidential and includes, without limitation, personal identifying information (e.g., social security
numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will
not disclose any confidential information of the other party and further agrees to take all reasonable
and appropriate action to prevent such disclosure by its employees or agents. The confidentiality
covenants contained herein will survive the termination or cancellation of this Agreement. This
obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of
this Agreement by a party or its employees or agents;
166
13
(b) a party can establish by reasonable proof was in that party's possession at the time of initial
disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or
(d) is the subject of a legitimate disclosure request under the open records laws or similar
applicable public disclosure laws governing this Agreement; provided, however, that in the
event you receive an open records or other similar applicable request, you will give us
prompt notice and otherwise perform the functions required by applicable law.
18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your
Data. In the event we detect malware or other conditions associated with your Data that are
reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the
absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment
to an isolated “quarantined” environment without advance notice. Your Data will remain in such
quarantine for a period of at least six (6) months during which time we will review the Data, and all
traffic associated with the Data, for signs of malware or other similar issues. If no issues are
detected through such reviews during the six (6) month period of quarantine, we will coordinate
with you the restoration of your Data to a non-quarantined environment. In the event your Data
must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve
the right to require payment of additional fees for the extended duration of quarantine. We will
provide an estimate of what those costs will be upon your request.
19. Business License. In the event a local business license is required for us to perform services
hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact
information so that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of
your state of domicile, without regard to its rules on conflicts of law.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple
originals, any of which will be independently treated as an original document. Any electronic, faxed,
scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment
hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that
party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this
Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve
the right to negotiate and customize the terms and conditions set forth herein, including but not
limited to pricing, to the scope and circumstances of that cooperative procurement.
167
14
23. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as
of the date(s) set forth below.
Tyler Technologies, Inc. Town of Trophy Club, TX
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. Town of Trophy Club
One Tyler Drive 100 Municipal Drive
Yarmouth, ME 04096 Trophy Club, TX 76262
Attention: Chief Legal Officer Attention: Mike Erwin
168
Exhibit A
1
Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under
the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not
otherwise defined will have the meaning assigned to such terms in the Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
169
2021-265686-B4D0W5 1 of 4
Sales Quotation For:
Town of Trophy Club
100 Municipal Dr
Trophy Club TX 76262
Mike Erwin
merwin@trophyclub.org
Phone: +1 (682) 237-2900
Tyler Annual Software - SaaS
Description List Price Discount Annual
Incode
Incode 10 Financial Management Suite
Core Financials $ 8,652 $ 0 $ 8,652
Electronic Time Clock Interface $ 932 $ 0 $ 932
Fixed Assets $ 776 $ 0 $ 776
Personnel Management (Includes Position Budgeting)$ 5,001 $ 0 $ 5,001
Employee Self Service (Employee Portal) [32]$ 0 $ 0 $ 0
Project Accounting $ 1,243 $ 0 $ 1,243
Purchasing $ 1,865 $ 0 $ 1,865
Incode 10 Customer Relationship Management Suite
Cashiering $ 2,177 $ 0 $ 2,177
Cashiering Receipt Import (Generic Interface)$ 1,243 $ 0 $ 1,243
Quoted By:DK Robertson
Quote Expiration:1/18/22
Quote Name:
170
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Incode 10 Court Suite
Criminal Court Case Management $ 3,108 $ 0 $ 3,108
Court/Police Interface (Import or Export of Citations/Warrants/Dispositions)$ 1,639 $ 0 $ 1,639
Collection Agency Export Interface $ 1,749 $ 0 $ 1,749
EnerGov
Business Management $ 1,855 $ 0 $ 1,855
Citizen Self Service - Business Management $ 976 $ 0 $ 976
Citizen Self Service - Community Development $ 1,343 $ 0 $ 1,343
Community Development (Formally PLM)$ 4,003 $ 0 $ 4,003
GIS $ 2,343 $ 0 $ 2,343
iG Workforce Apps [4]$ 1,220 $ 0 $ 1,220
Tyler Content Management
Tyler Content Manager Enterprise Edition (includes Advanced OCR, Workflow,
Self Service)$ 8,477 $ 0 $ 8,477
TOTAL:$ 48,602 $ 0 $ 48,602
Term # of Years:3
Summary One Time Fees Recurring Fees
Total SaaS $ 48,602
Total Tyler Services
Summary Total $ 48,602
Contract Total $ 48,602
171
2021-265686-B4D0W5 3 of 4
Comments
Some services may be delivered remotely via web-based training.
Expenses associated with onsite services are invoiced as incurred according to Tyler's standard business travel policy.
SaaS is considered a term of one year unless otherwise indicated.
Cashiering supports credit/debit cards via ETS, includes PCI Compliant, a cash collection interface, a cashiering receipt import)
Core Financials includes general ledger, budget prep, bank recon, AP, CellSense, a standard forms pkg, output director, positive pay, secure signatures
(qty 2).
LTC-DB Conversion - The Client will provide Tyler with the legacy sources in scope of the project to perform the templated conversion. The Templated
conversion allows the Client to import its legacy data into a Legacy type configured case in the new EnerGov application. All converted data that will
come over to EnerGov will be viewed as historical and not active.
iG Workforce - iG Inspect and iG Enforce provide a mobile solution for field personnel to capture inspection and code data remotely. Tyler will assist to
connect IG Apps to the EnerGov suite, and support testing. These applications are available on iOS.
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement")
between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform
to the following terms, subject to payment terms in an agreement, amendment, or similar document in which this sales quotation is included:172
2021-265686-B4D0W5 4 of 4
• License fees for Tyler and third-party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software
available accessible.
• Fees for hardware are invoiced upon delivery.
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware.
• Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software accessible to the
Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such
fees are prorated to align with the applicable term under the agreement, with renewals invoiced annually thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below.
o Implementation and other professional services fees shall be invoiced as delivered.
o Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50%
upon delivery of custom desktop procedures, by module.
o Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load
the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client
the actual services delivered on a time and materials basis.
o Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where
"Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project
Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project
planning.
o If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement.
o Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will
invoice Client 50% of any Migration Services Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by
line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon
the go-live of the first product suite. Annual SaaS Fees will be invoiced upon availability of the hosted environment.
Any SaaS or hosted solutions added to an agreement containing Client-hosted Tyler solutions are subject to Tyler’s SaaS Services terms found here:
https://www.tylertech.com/terms/tyler-saas-services.
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held
For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval:Date:
Print Name:P.O.#:
173
2021-269499-D2N0G9 1 of 4
Sales Quotation For:
Town of Trophy Club
100 Municipal Dr
Trophy Club TX 76262
Phone: +1 (682) 237-2900
Tyler Software
Description License Discount License Total
Annual
Maintenance
Incode
Incode 10 Court Suite
Dallas Regional Warrant Interface $ 7,500 $ 1,500 $ 6,000 $ 0
TOTAL:$ 7,500 $ 1,500 $ 6,000 $ 0
Tyler Annual Software - SaaS
Description List Price Discount Annual
Incode
Incode 10 Court Suite
Dallas Region Warrant Interface Annual SaaS Fee $ 3,188 $ 0 $ 3,188
TOTAL:$ 3,188 $ 0 $ 3,188
Quoted By:
Quote Expiration:
Quote Name:
Exhibit A
DK Robertson
2/9/22
Dallas Region Warrant Interface
174
2021-269499-D2N0G9 2 of 4
Services
Description Hours/Units Price Discount
Extended
Price Maintenance
Other Services
Project Management 1 $ 250 $ 0 $ 250 $ 0
TOTAL:$ 250 $ 0 $ 250 $ 0
Summary One Time Fees Recurring Fees
Total Tyler Software $ 6,000
Total SaaS $ 3,188
Total Tyler Services $ 250
Summary Total $ 6,250 $ 3,188
Contract Total $ 9,438
175
2021-269499-D2N0G9 3 of 4
Comments
Some services may be delivered remotely via web-based training.
Expenses associated with onsite services are invoiced as incurred according to Tyler's standard business travel policy.
SaaS is considered a term of one year unless otherwise indicated.
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement")
between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform
to the following terms, subject to payment terms in an agreement, amendment, or similar document in which this sales quotation is included:
• License fees for Tyler and third-party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software
available accessible.
• Fees for hardware are invoiced upon delivery.
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware.
• Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software accessible to the
Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such
fees are prorated to align with the applicable term under the agreement, with renewals invoiced annually thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below.
o Implementation and other professional services fees shall be invoiced as delivered.
o Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50%
upon delivery of custom desktop procedures, by module.
o Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load
the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client
the actual services delivered on a time and materials basis.
o Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where
"Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project
Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project
planning.
o If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement.176
2021-269499-D2N0G9 4 of 4
o Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will
invoice Client 50% of any Migration Services Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by
line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon
the go-live of the first product suite. Annual SaaS Fees will be invoiced upon availability of the hosted environment.
Any SaaS or hosted solutions added to an agreement containing Client-hosted Tyler solutions are subject to Tyler’s SaaS Services terms found here:
https://www.tylertech.com/terms/tyler-saas-services.
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held
For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval:Date:
Print Name:P.O.#:
177
Exhibit B
1
Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the
Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in
the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as
set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the
initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial
term are set forth in the Investment Summary. Upon expiration of the initial term, your annual
SaaS fees will be at our then-current rates.
2. License Fees. License fees are invoiced upon the Effecitve Date.
3. Maintenance and Support Fees. If applicable, Year 1 maintenance and support fees are waived
through the earlier of (a) availability of the Tyler Software for use in a live production
environment; or (b) one (1) year from the Effective Date. Year 2 maintenance and support fees,
at our then-current rates, are payable on that earlier-of date, and subsequent maintenance and
support fees are invoiced annually in advance of each anniversary thereof. Your fees for each
subsequent year will be set at our then-current rates.
4. Other Tyler Software and Services.
4.1 VPN Device: The fee for the VPN device will be invoiced upon installation of the VPN.
4.2 Implementation and Other Professional Services (including training): Implementation and
other professional services (including training) are billed and invoiced as delivered, at the
rates set forth in the Investment Summary.
4.3 Consulting Services: If you have purchased any Business Process Consulting services, if they
have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of
the Best Practice Recommendations, by module, and 50% upon your acceptance of custom
desktop procedures, by module. If you have purchased any Business Process Consulting
services and they are quoted as an estimate, then we will bill you the actual services
delivered on a time and materials basis.
4.4 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted
Data, by conversion option, and 50% upon Client acceptance to load the converted Data into
Live/Production environment, by conversion option. Where conversions are quoted as
178
Exhibit B
2
estimated, we will bill you the actual services delivered on a time and materials basis.
4.5 Requested Modifications to the Tyler Software: Requested modifications to the Tyler
Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the
applicable modification. You must report any failure of the modification to conform to the
specifications within thirty (30) days of delivery; otherwise, the modification will be deemed
to be in compliance with the specifications after the 30-day window has passed. You may
still report Defects to us as set forth in this Agreement.
4.6 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates
set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning
Services” are provided, payment will be due upon delivery of the Implementation Planning
document.
4.7 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due
annually, in advance, commencing on the availability of the service. Your annual fees for the
initial term are set forth in the Investment Summary. Upon expiration of the initial term,
your annual fees will be at our then-current rates.
3. Third Party Products.
3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced
when we make it available to you for downloading.
3.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software
is invoiced when we make it available to you for downloading.
3.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along
with applicable expenses, at the rates set forth in the Investment Summary.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction
(call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in Schedule A and
may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our
then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current
Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be
provided upon request; we reserve the right to charge you an administrative fee depending on
the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and
mileage logs are not available.
6. Credit for Prepaid Maintenance and Support Fees for Tyler Software. Client will receive a credit
for the maintenance and support fees prepaid for the Tyler Software for the time period
commencing on the first day of the SaaS Term.
179
Exhibit B
3
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We
prefer to receive payments electronically. Our electronic payment information is available by contacting
AR@tylertech.com.
180
Exhibit B
Schedule 1
1
Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight
within two hours before or after the requested departure time, assuming that flight does not add
more than three hours to the employee’s total trip duration and the fare is within $100 (each way)
of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a
connecting flight that is within two hours before or after the requested departure time and that
does not add more than three hours to the employee’s total trip duration, the connecting flight
should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount
opportunities. Employees should use all reasonable efforts to make travel arrangements at least
two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is
mandatory. When booking less than seven (7) days in advance, management approval will be
required.
Except in the case of international travel where a segment of continuous air travel is six (6) or more
consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall
not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have
many restrictions that outweigh the cost-savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
181
Exhibit B
Schedule 1
2
2. Ground Transportation
A. Private Automobile
Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the
current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated
by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience,
and the specific situation reasonably require their use. When renting a car for Tyler business,
employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when
three or more employees are traveling together. Tyler carries leased vehicle coverage for business
car rentals; except for employees traveling to Alaska and internationally (excluding Canada),
additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and
from airports when less expensive means of transportation are unavailable or impractical. The
actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the
airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in
days as opposed to hours. Park and fly options located near some airports may also be used. For
extended trips that would result in excessive parking charges, public transportation to/from the
airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently
located in relation to the traveler's work assignment. Typical hotel chains include Courtyard,
Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local
hotel, the hotel reservation should note that discount and the employee should confirm the lower
rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be
noted in their travel profiles so that the employee can take advantage of any lower club rates.
“No shows” or cancellation fees are not reimbursable if the employee does not comply with the
hotel’s cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed
separately.
182
Exhibit B
Schedule 1
3
Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO,
and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in
accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel
expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided
separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a
trip are governed as set forth below.
Departure Day
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon
Return Day
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch
Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem
as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim
lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the
event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
183
Exhibit B
Schedule 1
4
5. Internet Access – Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high
speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If
an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for
internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be
reserved through TMC using the “lowest practical coach fare” with the exception of flights that are
six (6) or more consecutive hours in length. In such event, the next available seating class above
coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees,
application fees, and execution fees when obtaining a new passport book, but fees related to
passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure
taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the
U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.
184
Exhibit C
1
Exhibit C
Service Level Agreement
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It
outlines the information technology service levels that we will provide to you to ensure the availability of
the application services that you have requested us to provide. All other support services are documented
in the Support Call Process.
II. Definitions. Except as defined below, all defined terms have the meaning set forth in the
Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar quarter,
calculated as follows: (Service Availability – Downtime) ÷ Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or
the acts or omissions of any of your service users or third-party providers over whom we exercise no
control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch,
login, search or save primary data in the Tyler Software. Downtime does not include those instances in
which only a Defect is present.
Emergency Maintenance: (1) maintenance that is required to patch a critical security vulnerability; (2)
maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance
that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar quarter that the Tyler Software is capable
of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents,
denial of service attacks and Force Majeure.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard
Maintenance is limited to five (5) hours per week.
III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined
in the Support Call Process. You will receive a support case number.
b. Our Responsibilities
When our support team receives a call from you that Downtime has occurred or is occurring, we will work
with you to identify the cause of the Downtime (including whether it may be the result of Planned
185
Exhibit C
2
Downtime, a Client Error Incident, Denial of Service attack or Force Majeure). We will also work with you
to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief
Schedule found below. Your relief credit is calculated as a percentage of the SaaS fees paid for the
calendar quarter.
In order to receive relief credits, you must submit a request through one of the channels listed in our
Support Call Process within fifteen days (15) of the end of the applicable quarter. We will respond to your
relief request within thirty (30) day(s) of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such
credit does not relieve us of our obligations under the Agreement to correct the problem which created
the service interruption.
Client Relief Schedule
Actual Attainment Client Relief
99.99% - 98.00% Remedial action will be taken
97.99% - 95.00% 4%
Below 95.00% 5%
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably
low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will
provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that
activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable,
we will provide advance notice, as reasonably practicable that the Tyler Software will be unavailable
during the maintenance window.
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Exhibit C
Schedule 1
1
Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support*:
(1) Tyler Community – an on-line resource, Tyler Community provides a venue for all Tyler clients
with current maintenance agreements to collaborate with one another, share best practices and
resources, and access documentation.
(2) On-line submission (portal) – for less urgent and functionality-based questions, users may create
unlimited support incidents through the customer relationship management portal available at
the Tyler Technologies website.
(3) Email – for less urgent situations, users may submit unlimited emails directly to the software
support group.
(4) Telephone – for urgent or complex questions, users receive toll-free, unlimited telephone
software support.
* Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support
experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools and other information including
support contact information.
(2) Tyler Community – available through login, Tyler Community provides a venue for clients to
support one another and share best practices and resources.
(3) Knowledgebase – A fully searchable depository of thousands of documents related to
procedures, best practices, release information, and job aides.
(4) Program Updates – where development activity is made available for client consumption.
Support Availability
Standard Support
Tyler Technologies standard support is available during the local business hours of 8 AM to 5 PM
(Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may
receive coverage across these time zones. Additionally, some clients may obtain support for certain
Tyler solutions outside of standard times as further detailed below. Availability and cost of support
outside of standard times is at Tyler’s discretion. Tyler’s holiday schedule is outlined below. There will
be no standard support coverage on these days.
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Exhibit C
Schedule 1
2
New Year’s Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
Labor Day
Support Outside of Standard Times
For clients who obtain 24 x 7 support, we will provide you with procedures for contacting support staff
outside standard support times for reporting Priority Level 1 Defects only. Upon receipt of such a Defect
notification, we will use commercially reasonable efforts to meet the resolution targets set forth below.
For some Tyler solutions, we will also make commercially reasonable efforts to be available for one pre-
scheduled Saturday of each month to assist your IT staff with applying patches and release upgrades, as
well as consulting with them on server maintenance and configuration of the Tyler Software
environment.
Issue Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a
unique incident number. This system tracks the history of each incident. The incident tracking number is
used to track and reference open issues when clients contact support. Clients may track incidents, using
the incident number, through the portal at Tyler’s website or by calling software support directly.
Incident Priority
Each incident is assigned a priority number, which corresponds to the client’s needs and deadlines. The
client is responsible for reasonably setting the priority of the incident per the chart below. This chart is
not intended to address every type of support incident, and certain “characteristics” may or may not
apply depending on whether the Tyler software has been deployed on customer infrastructure or the
Tyler cloud. The goal is to help guide the client towards clearly understanding and communicating the
importance of the issue and to describe generally expected responses and resolutions.
Priority
Level Characteristics of Support Incident Resolution Targets
1
Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of multiple
essential system functions.
Tyler shall provide an initial response to Priority
Level 1 incidents within one (1) business hour of
receipt of the support incident. Tyler shall use
commercially reasonable efforts to resolve such
support incidents or provide a circumvention
procedure within one (1) business day. For non-
hosted customers, Tyler’s responsibility for lost or
corrupted data is limited to assisting the client in
restoring its last available database.
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Exhibit C
Schedule 1
3
Priority
Level Characteristics of Support Incident Resolution Targets
2
High
Support incident that causes (a)
repeated, consistent failure of essential
functionality affecting more than one
user or (b) loss or corruption of data.
Tyler shall provide an initial response to Priority
Level 2 incidents within four (4) business hours of
receipt of the support incident. Tyler shall use
commercially reasonable efforts to resolve such
support incidents or provide a circumvention
procedure within ten (10) business days. For non-
hosted customers, Tyler’s responsibility for loss or
corrupted data is limited to assisting the client in
restoring its last available database.
3
Medium
Priority Level 1 incident with an existing
circumvention procedure, or a Priority
Level 2 incident that affects only one
user or for which there is an existing
circumvention procedure.
Tyler shall provide an initial response to Priority
Level 3 incidents within one (1) business day of
receipt of the support incident. Tyler shall use
commercially reasonable efforts to resolve such
support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack. For non-
hosted customers, Tyler’s responsibility for lost or
corrupted data is limited to assisting the client in
restoring its last available database.
4
Non-
critical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.
Tyler shall provide an initial response to Priority
Level 4 incidents within two (2) business
days. Tyler shall use commercially reasonable
efforts to resolve such support incidents, as well as
cosmetic issues, with a future version release.
Incident Escalation
Tyler Technology’s software support consists of four levels of personnel:
(1) Level 1: front-line representatives
(2) Level 2: more senior in their support role, they assist front-line representatives and take on
escalated issues
(3) Level 3: assist in incident escalations and specialized client issues
(4) Level 4: responsible for the management of support teams for either a single product or a
product group
If a client feels they are not receiving the service needed, they may contact the appropriate Software
Support Manager. After receiving the incident tracking number, the manager will follow up on the open
issue and determine the necessary action to meet the client’s needs.
On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler
encourages clients to communicate the level of urgency or priority of software support issues so that we
can respond appropriately. A software support incident can be escalated by any of the following
methods:
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Exhibit C
Schedule 1
4
(1) Telephone – for immediate response, call toll-free to either escalate an incident’s priority or to
escalate an issue through management channels as described above.
(2) Email – clients can send an email to software support in order to escalate the priority of an issue
(3) On-line Support Incident Portal – clients can also escalate the priority of an issue by logging into
the client incident portal and referencing the appropriate incident tracking number.
Remote Support Tool
Some support calls require further analysis of the client’s database, process, or setup to diagnose a
problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote
support tool. Support is able to quickly connect to the client’s desktop and view the site’s setup,
diagnose problems, or assist with screen navigation. More information about the remote support tool
Tyler uses is available upon request.
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Future Agenda Items
August, 2021
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.
Meeting date has been set for August 20, 2021 at 1PM
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
Strategic Plan will be presented December, 2021
3) Town Staff to draft and implement a citizen’s survey.
Due to budget constraints, item was eliminated from the budget and delayed until FY21.
Presentation of outcomes presented to Council and findings will be
incorporated into the Strategic Plan to be delivered to Council
December, 2021.
Revised by LVacek
August 12, 2021
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192
From: Michael Geraci <mgeraci@trophyclub.org>
Sent: Friday, August 20, 2021 11:53:55 AM
To: MayorAndCouncil <MayorAndCouncil@trophyclub.org>
Cc: Leticia Vacek <lvacek@trophyclub.org>
Subject: Resignation
Dear Mayor and Town Council,
It has been my honor to serve our citizens and the Town of Trophy Club as a member of the Trophy Club
Town Council.
Due to the demands of my full time job, which has resulted in extensive travel demands, and family
commitments, I regret to inform the Trophy Club Town Council that I render my resignation effective
upon acceptance from council at the meeting on August 24th.
Once again, it has been my pleasure and honor to serve our citizens. I look forward to future opportunities
to served the greater community after this season of life passes.
Respectfully,
L. Michael Geraci
Sent from my iPhone
-- Attention: Please note any correspondence, such as e-mail or letters, sent to Town staff or officials may
become a public record and made available for public/media review.
-- Public Officials: A "reply to all" of this e-mail may lead to violations of the Texas Open Meetings Act.
Please reply only to the sender. [020415]
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Page 1 of 1
To: Mayor and Town Council
From: Leticia Vacek, Town Governance Officer/Town Secretary/RMO
CC: Wade Carroll, Town Manager
Re: Order/Ordinance 2021-17
Town Council Meeting, August 24, 2021
Agenda Item:
Approving Order/Ordinance 2021-17 Calling a Special Election for November 2, 2021, for the
purpose of electing One (1) Council Member for Place No. 2 for an Unexpired Term of Office to
expire May 2023 and One (1) Council Member for Place No. 5 for an Unexpired Term of Office to
expire May 2022 due to the resignations of Greg Wilson (Place No. 2) and Michael Geraci (Place
No. 5).
Strategic Link:
Administrative & Financial Services - Provide strong internal and external marketing and
communications. The Early Voting Period and Election Day hours will be advertised on the
Town’s Web Page and the Town Marquees as well as distributed via social media.
Background and Explanation:
Council Member Place No. 2 position has an unexpired term that ends May 2023. Council
Member Place No. 5 position has an unexpired term that ends May 2022. The candidate that
receives a majority of votes is elected. The filing period begins August 25, 2021, weekdays only
from 8 am – 5 pm, and ends September 1, 2021 at 5 pm. A Drawing for the Placement of the
Candidate Names on the Ballot will be held on September 1, 2021 at 5:30 PM (EOC Room at Town
Hall).
Financial Considerations:
The cost of the election has yet to be determined and will be based on the number of entities
that participate in the Joint Elections in Denton and Tarrant Counties.
Legal Review:
Reviewed and approved by Town Attorney.
Staff Recommendation:
The Town Governance Officer recommends approval of Order/Ordinance 2021-17 Calling the
Special Election on November 2, 2021.
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