09.27.2021- Complete Agenda PacketTown of Trophy Club
Meeting Agenda Packet
Town Council
1 Trophy Wood Drive
Trophy Club, Texas
76262
September 27, 2021 7:00 PM Council Chambers
CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Fleury
INVOCATION led by Pastor Joel Quile, Trophy Club Bara Church
PLEDGES led by Council Member Monger
Pledge of Allegiance to the American Flag.
Pledge of Allegiance to the Texas Flag.
ANNOUNCEMENTS AND REPORTS
1.Trophy Club Women’s Club Fall Garage Sale Saturday, October 9, 2021. (W. Carroll)
2.National Night Out – Tuesday, October 5, 2021. (W. Carroll)
3.Business Spotlight – Pastaza Italian Restaurant. (Mayor Fleury)
PROCLAMATION(S)
4.Issuance of Proclamation 202124 proclaiming October 5, 2021, National Night Out
Day. (Mayor Fleury)
5.Issuance of Proclamation 202125 proclaiming Breast Cancer Awareness Month.
(Mayor Fleury)
CONSENT AGENDA
6.Take appropriate action approving the Regular Meeting Minutes of September 13,
2021. (L. Vacek)
7.Take appropriate action to reschedule the Regular Town Council Meeting of November
8, 2021 to Thursday, November 11, 2021 at 7 pm in conjunction with the Canvass of
the Town’s Special Election. (L. Vacek)
8.Take appropriate action to approve Ordinance 202120 amending the Town’s Fiscal
Year 2021 Budget ( Budget Amendment No 4) providing for an amendment to
appropriate funds related to EDC Expenditures. (M. Erwin)
9.Take appropriate action to approve Ordinance 202122 adopting rates for water and
sewer service, fees for connection, reconnection, inspection, accuracy readings,
returned checks, requiring deposits for service and a penalty for delinquent payments.
(M. Erwin)
10.Take appropriate action regarding a request for a preliminary plat for Lots 110, Block
A, The Hawthorn Estates at Trophy Club, consisting of 3.692 acres out of the
Richard W. Allen Survey, Abstract No. 5, and the John R. Michael Survey, Abstract
No. 820, located south of Kent Street between Trophy Club Drive and Mona Vale
Road, Trophy Club, Texas. (D. Jones)
11.Take appropriate action regarding a request for a preliminary plat for Lots 14, Block
A, The Maple Estates at Trophy Club, consisting of 1.821 acres out of the Thomas J.
Allen Survey, Abstract No. 7, located north of Milsons Point Drive, Trophy Club,
Texas. (D. Jones)
12.Take appropriate action approving an Interlocal Agreement with the City of Roanoke
for Municipal Court Administration Services. (W. Carroll)
13.Take appropriate action to approve Ordinance 202121 appointing Greg Bertrand,
Alison J. Grant, and Gilland Chenault as Alternate Municipal Court Judges. (W.
Carroll)
14.Take appropriate action to approve a Professional Services Agreement with Freese
and Nichols, Inc for OnCall Planning Services for the Town, for a fee not to exceed
Forty Thousand dollars, $40,000.00. (W. Carroll)
INDIVIDUAL ITEMS
15.Conduct a Public Hearing to consider proposed Annual Service and Assessments to
be levied against the assessable property within the Town of Trophy Club Public
Improvement District No. 1 (The Highlands at Trophy Club) pursuant to the provisions
of Chapter 372 of the Texas Local Government Code, as amended. (M. Erwin)
16.Take appropriate action to approve Ordinance 202119 for the adoption of the Tax
Rate for Public Improvement District No. 1 (The Highlands at Trophy Club). (M.
Erwin)
17.Case PD21001 (The Trails)
A. Conduct a public hearing regarding a request to rezone approximately 8.88 acres
from R15, SingleFamily Residential district to a PD, Planned District to construct
27 detached SingleFamily Residential lots located at 2304 and 2344 Trophy Park Dr.
B. Discussion and action on recommendation regarding a request to
rezone approximately 8.88 acres from R15, SingleFamily Residential district to a
PD, Planned District to construct 27 detached SingleFamily Residential lots located
at 2304 and 2344 Trophy Park Dr.
18.Case PP21002 (The Willow Estates at Trophy Club)
Take appropriate action regarding a request for a preliminary plat for Lots 110, Block
A, The Willow Estates at Trophy Club, consisting of 4.208 acres out of the Rosalinda
Allen Survey, Abstract No. 17, located west of Highland Court, Trophy Club, Texas.
(D.Jones)
19.Case PP21003 (The Oak Estates at Trophy Club)
Take appropriate action regarding a request for a preliminary plat for Lots 19, Block
A, The Oak Estates at Trophy Club, consisting of 4.339 acres out of the Thomas J.
Allen Survey, Abstract No. 7, located west of Milsons Point Drive, Trophy Club, Texas.
(D. Jones)
20.Case PP21004 (The Cypress Estates at Trophy Club)
Take appropriate action regarding a request for a preliminary plat for Lots 110, Block
A, The Cypress Estates at Trophy Club, consisting of 3.581 acres out of the Richard
W. Allen Survey, Abstract No. 5, located south of Nottingham Drive at Annandale
Drive, Trophy Club, Texas. (D. Jones)
21.Presentation by Teague, Nall, and Perkins on Drainage Project located at Indian
Creek Drive. (W. Carroll)
22.Future Agenda Items List. (W. Carroll)
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
EXECUTIVE SESSION
23.Executive Session pursuant to the following section of the Texas Government Code,
Annotated, Chapter 551 (Texas Open Meetings Act)
Section 551.074 Personnel Matters – Discussion and possible action on Interviews
Conducted for Board and Commissions Annual Appointments. (Mayor Fleury, Mayor
Pro Tem Lamont, and Council Member Karl Monger)
RECONVENE INTO REGULAR SESSION
24.Take appropriate action on the Executive Session Item.
25.Approve Resolution 202112 appointing Board Members to the following Boards and
Commissions:
a) Animal Shelter Advisory Board
b) Building Standards Commission
c) Crime Control and Prevention District
d) Economic Development Corporation 4B
e) Ethics Commission
f) Parks and Recreation Board
g) Planning and Zoning Commission
h) Tax Increment Reinvestment Zone No. 1
i) Zoning Board of Adjustment
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 Friday, September 24, 2021 by 5:00 p.m. 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, Texas76262September 27, 2021 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM Mayor FleuryINVOCATION led by Pastor Joel Quile, Trophy Club Bara Church PLEDGES led by Council Member MongerPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.ANNOUNCEMENTS AND REPORTS1.Trophy Club Women’s Club Fall Garage Sale Saturday, October 9, 2021. (W. Carroll)2.National Night Out – Tuesday, October 5, 2021. (W. Carroll)3.Business Spotlight – Pastaza Italian Restaurant. (Mayor Fleury)PROCLAMATION(S)4.Issuance of Proclamation 202124 proclaiming October 5, 2021, National Night OutDay. (Mayor Fleury)5.Issuance of Proclamation 202125 proclaiming Breast Cancer Awareness Month.(Mayor Fleury)
CONSENT AGENDA
6.Take appropriate action approving the Regular Meeting Minutes of September 13,
2021. (L. Vacek)
7.Take appropriate action to reschedule the Regular Town Council Meeting of November
8, 2021 to Thursday, November 11, 2021 at 7 pm in conjunction with the Canvass of
the Town’s Special Election. (L. Vacek)
8.Take appropriate action to approve Ordinance 202120 amending the Town’s Fiscal
Year 2021 Budget ( Budget Amendment No 4) providing for an amendment to
appropriate funds related to EDC Expenditures. (M. Erwin)
9.Take appropriate action to approve Ordinance 202122 adopting rates for water and
sewer service, fees for connection, reconnection, inspection, accuracy readings,
returned checks, requiring deposits for service and a penalty for delinquent payments.
(M. Erwin)
10.Take appropriate action regarding a request for a preliminary plat for Lots 110, Block
A, The Hawthorn Estates at Trophy Club, consisting of 3.692 acres out of the
Richard W. Allen Survey, Abstract No. 5, and the John R. Michael Survey, Abstract
No. 820, located south of Kent Street between Trophy Club Drive and Mona Vale
Road, Trophy Club, Texas. (D. Jones)
11.Take appropriate action regarding a request for a preliminary plat for Lots 14, Block
A, The Maple Estates at Trophy Club, consisting of 1.821 acres out of the Thomas J.
Allen Survey, Abstract No. 7, located north of Milsons Point Drive, Trophy Club,
Texas. (D. Jones)
12.Take appropriate action approving an Interlocal Agreement with the City of Roanoke
for Municipal Court Administration Services. (W. Carroll)
13.Take appropriate action to approve Ordinance 202121 appointing Greg Bertrand,
Alison J. Grant, and Gilland Chenault as Alternate Municipal Court Judges. (W.
Carroll)
14.Take appropriate action to approve a Professional Services Agreement with Freese
and Nichols, Inc for OnCall Planning Services for the Town, for a fee not to exceed
Forty Thousand dollars, $40,000.00. (W. Carroll)
INDIVIDUAL ITEMS
15.Conduct a Public Hearing to consider proposed Annual Service and Assessments to
be levied against the assessable property within the Town of Trophy Club Public
Improvement District No. 1 (The Highlands at Trophy Club) pursuant to the provisions
of Chapter 372 of the Texas Local Government Code, as amended. (M. Erwin)
16.Take appropriate action to approve Ordinance 202119 for the adoption of the Tax
Rate for Public Improvement District No. 1 (The Highlands at Trophy Club). (M.
Erwin)
17.Case PD21001 (The Trails)
A. Conduct a public hearing regarding a request to rezone approximately 8.88 acres
from R15, SingleFamily Residential district to a PD, Planned District to construct
27 detached SingleFamily Residential lots located at 2304 and 2344 Trophy Park Dr.
B. Discussion and action on recommendation regarding a request to
rezone approximately 8.88 acres from R15, SingleFamily Residential district to a
PD, Planned District to construct 27 detached SingleFamily Residential lots located
at 2304 and 2344 Trophy Park Dr.
18.Case PP21002 (The Willow Estates at Trophy Club)
Take appropriate action regarding a request for a preliminary plat for Lots 110, Block
A, The Willow Estates at Trophy Club, consisting of 4.208 acres out of the Rosalinda
Allen Survey, Abstract No. 17, located west of Highland Court, Trophy Club, Texas.
(D.Jones)
19.Case PP21003 (The Oak Estates at Trophy Club)
Take appropriate action regarding a request for a preliminary plat for Lots 19, Block
A, The Oak Estates at Trophy Club, consisting of 4.339 acres out of the Thomas J.
Allen Survey, Abstract No. 7, located west of Milsons Point Drive, Trophy Club, Texas.
(D. Jones)
20.Case PP21004 (The Cypress Estates at Trophy Club)
Take appropriate action regarding a request for a preliminary plat for Lots 110, Block
A, The Cypress Estates at Trophy Club, consisting of 3.581 acres out of the Richard
W. Allen Survey, Abstract No. 5, located south of Nottingham Drive at Annandale
Drive, Trophy Club, Texas. (D. Jones)
21.Presentation by Teague, Nall, and Perkins on Drainage Project located at Indian
Creek Drive. (W. Carroll)
22.Future Agenda Items List. (W. Carroll)
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
EXECUTIVE SESSION
23.Executive Session pursuant to the following section of the Texas Government Code,
Annotated, Chapter 551 (Texas Open Meetings Act)
Section 551.074 Personnel Matters – Discussion and possible action on Interviews
Conducted for Board and Commissions Annual Appointments. (Mayor Fleury, Mayor
Pro Tem Lamont, and Council Member Karl Monger)
RECONVENE INTO REGULAR SESSION
24.Take appropriate action on the Executive Session Item.
25.Approve Resolution 202112 appointing Board Members to the following Boards and
Commissions:
a) Animal Shelter Advisory Board
b) Building Standards Commission
c) Crime Control and Prevention District
d) Economic Development Corporation 4B
e) Ethics Commission
f) Parks and Recreation Board
g) Planning and Zoning Commission
h) Tax Increment Reinvestment Zone No. 1
i) Zoning Board of Adjustment
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 Friday, September 24, 2021 by 5:00 p.m. 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, Texas76262September 27, 2021 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM Mayor FleuryINVOCATION led by Pastor Joel Quile, Trophy Club Bara Church PLEDGES led by Council Member MongerPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.ANNOUNCEMENTS AND REPORTS1.Trophy Club Women’s Club Fall Garage Sale Saturday, October 9, 2021. (W. Carroll)2.National Night Out – Tuesday, October 5, 2021. (W. Carroll)3.Business Spotlight – Pastaza Italian Restaurant. (Mayor Fleury)PROCLAMATION(S)4.Issuance of Proclamation 202124 proclaiming October 5, 2021, National Night OutDay. (Mayor Fleury)5.Issuance of Proclamation 202125 proclaiming Breast Cancer Awareness Month.(Mayor Fleury)CONSENT AGENDA6.Take appropriate action approving the Regular Meeting Minutes of September 13,2021. (L. Vacek) 7.Take appropriate action to reschedule the Regular Town Council Meeting of November8, 2021 to Thursday, November 11, 2021 at 7 pm in conjunction with the Canvass ofthe Town’s Special Election. (L. Vacek)8.Take appropriate action to approve Ordinance 202120 amending the Town’s FiscalYear 2021 Budget ( Budget Amendment No 4) providing for an amendment toappropriate funds related to EDC Expenditures. (M. Erwin)9.Take appropriate action to approve Ordinance 202122 adopting rates for water andsewer service, fees for connection, reconnection, inspection, accuracy readings,returned checks, requiring deposits for service and a penalty for delinquent payments.(M. Erwin)10.Take appropriate action regarding a request for a preliminary plat for Lots 110, BlockA, The Hawthorn Estates at Trophy Club, consisting of 3.692 acres out of theRichard W. Allen Survey, Abstract No. 5, and the John R. Michael Survey, AbstractNo. 820, located south of Kent Street between Trophy Club Drive and Mona ValeRoad, Trophy Club, Texas. (D. Jones)11.Take appropriate action regarding a request for a preliminary plat for Lots 14, BlockA, The Maple Estates at Trophy Club, consisting of 1.821 acres out of the Thomas J.Allen Survey, Abstract No. 7, located north of Milsons Point Drive, Trophy Club,Texas. (D. Jones)12.Take appropriate action approving an Interlocal Agreement with the City of Roanokefor Municipal Court Administration Services. (W. Carroll) 13.Take appropriate action to approve Ordinance 202121 appointing Greg Bertrand,Alison J. Grant, and Gilland Chenault as Alternate Municipal Court Judges. (W.Carroll)14.Take appropriate action to approve a Professional Services Agreement with Freeseand Nichols, Inc for OnCall Planning Services for the Town, for a fee not to exceedForty Thousand dollars, $40,000.00. (W. Carroll)INDIVIDUAL ITEMS15.Conduct a Public Hearing to consider proposed Annual Service and Assessments tobe levied against the assessable property within the Town of Trophy Club PublicImprovement District No. 1 (The Highlands at Trophy Club) pursuant to the provisionsof Chapter 372 of the Texas Local Government Code, as amended. (M. Erwin)
16.Take appropriate action to approve Ordinance 202119 for the adoption of the Tax
Rate for Public Improvement District No. 1 (The Highlands at Trophy Club). (M.
Erwin)
17.Case PD21001 (The Trails)
A. Conduct a public hearing regarding a request to rezone approximately 8.88 acres
from R15, SingleFamily Residential district to a PD, Planned District to construct
27 detached SingleFamily Residential lots located at 2304 and 2344 Trophy Park Dr.
B. Discussion and action on recommendation regarding a request to
rezone approximately 8.88 acres from R15, SingleFamily Residential district to a
PD, Planned District to construct 27 detached SingleFamily Residential lots located
at 2304 and 2344 Trophy Park Dr.
18.Case PP21002 (The Willow Estates at Trophy Club)
Take appropriate action regarding a request for a preliminary plat for Lots 110, Block
A, The Willow Estates at Trophy Club, consisting of 4.208 acres out of the Rosalinda
Allen Survey, Abstract No. 17, located west of Highland Court, Trophy Club, Texas.
(D.Jones)
19.Case PP21003 (The Oak Estates at Trophy Club)
Take appropriate action regarding a request for a preliminary plat for Lots 19, Block
A, The Oak Estates at Trophy Club, consisting of 4.339 acres out of the Thomas J.
Allen Survey, Abstract No. 7, located west of Milsons Point Drive, Trophy Club, Texas.
(D. Jones)
20.Case PP21004 (The Cypress Estates at Trophy Club)
Take appropriate action regarding a request for a preliminary plat for Lots 110, Block
A, The Cypress Estates at Trophy Club, consisting of 3.581 acres out of the Richard
W. Allen Survey, Abstract No. 5, located south of Nottingham Drive at Annandale
Drive, Trophy Club, Texas. (D. Jones)
21.Presentation by Teague, Nall, and Perkins on Drainage Project located at Indian
Creek Drive. (W. Carroll)
22.Future Agenda Items List. (W. Carroll)
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
EXECUTIVE SESSION
23.Executive Session pursuant to the following section of the Texas Government Code,
Annotated, Chapter 551 (Texas Open Meetings Act)
Section 551.074 Personnel Matters – Discussion and possible action on Interviews
Conducted for Board and Commissions Annual Appointments. (Mayor Fleury, Mayor
Pro Tem Lamont, and Council Member Karl Monger)
RECONVENE INTO REGULAR SESSION
24.Take appropriate action on the Executive Session Item.
25.Approve Resolution 202112 appointing Board Members to the following Boards and
Commissions:
a) Animal Shelter Advisory Board
b) Building Standards Commission
c) Crime Control and Prevention District
d) Economic Development Corporation 4B
e) Ethics Commission
f) Parks and Recreation Board
g) Planning and Zoning Commission
h) Tax Increment Reinvestment Zone No. 1
i) Zoning Board of Adjustment
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 Friday, September 24, 2021 by 5:00 p.m. 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, Texas76262September 27, 2021 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM Mayor FleuryINVOCATION led by Pastor Joel Quile, Trophy Club Bara Church PLEDGES led by Council Member MongerPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.ANNOUNCEMENTS AND REPORTS1.Trophy Club Women’s Club Fall Garage Sale Saturday, October 9, 2021. (W. Carroll)2.National Night Out – Tuesday, October 5, 2021. (W. Carroll)3.Business Spotlight – Pastaza Italian Restaurant. (Mayor Fleury)PROCLAMATION(S)4.Issuance of Proclamation 202124 proclaiming October 5, 2021, National Night OutDay. (Mayor Fleury)5.Issuance of Proclamation 202125 proclaiming Breast Cancer Awareness Month.(Mayor Fleury)CONSENT AGENDA6.Take appropriate action approving the Regular Meeting Minutes of September 13,2021. (L. Vacek) 7.Take appropriate action to reschedule the Regular Town Council Meeting of November8, 2021 to Thursday, November 11, 2021 at 7 pm in conjunction with the Canvass ofthe Town’s Special Election. (L. Vacek)8.Take appropriate action to approve Ordinance 202120 amending the Town’s FiscalYear 2021 Budget ( Budget Amendment No 4) providing for an amendment toappropriate funds related to EDC Expenditures. (M. Erwin)9.Take appropriate action to approve Ordinance 202122 adopting rates for water andsewer service, fees for connection, reconnection, inspection, accuracy readings,returned checks, requiring deposits for service and a penalty for delinquent payments.(M. Erwin)10.Take appropriate action regarding a request for a preliminary plat for Lots 110, BlockA, The Hawthorn Estates at Trophy Club, consisting of 3.692 acres out of theRichard W. Allen Survey, Abstract No. 5, and the John R. Michael Survey, AbstractNo. 820, located south of Kent Street between Trophy Club Drive and Mona ValeRoad, Trophy Club, Texas. (D. Jones)11.Take appropriate action regarding a request for a preliminary plat for Lots 14, BlockA, The Maple Estates at Trophy Club, consisting of 1.821 acres out of the Thomas J.Allen Survey, Abstract No. 7, located north of Milsons Point Drive, Trophy Club,Texas. (D. Jones)12.Take appropriate action approving an Interlocal Agreement with the City of Roanokefor Municipal Court Administration Services. (W. Carroll) 13.Take appropriate action to approve Ordinance 202121 appointing Greg Bertrand,Alison J. Grant, and Gilland Chenault as Alternate Municipal Court Judges. (W.Carroll)14.Take appropriate action to approve a Professional Services Agreement with Freeseand Nichols, Inc for OnCall Planning Services for the Town, for a fee not to exceedForty Thousand dollars, $40,000.00. (W. Carroll)INDIVIDUAL ITEMS15.Conduct a Public Hearing to consider proposed Annual Service and Assessments tobe levied against the assessable property within the Town of Trophy Club PublicImprovement District No. 1 (The Highlands at Trophy Club) pursuant to the provisionsof Chapter 372 of the Texas Local Government Code, as amended. (M. Erwin) 16.Take appropriate action to approve Ordinance 202119 for the adoption of the TaxRate for Public Improvement District No. 1 (The Highlands at Trophy Club). (M.Erwin)17.Case PD21001 (The Trails)A. Conduct a public hearing regarding a request to rezone approximately 8.88 acresfrom R15, SingleFamily Residential district to a PD, Planned District to construct27 detached SingleFamily Residential lots located at 2304 and 2344 Trophy Park Dr.B. Discussion and action on recommendation regarding a request torezone approximately 8.88 acres from R15, SingleFamily Residential district to aPD, Planned District to construct 27 detached SingleFamily Residential lots locatedat 2304 and 2344 Trophy Park Dr.18.Case PP21002 (The Willow Estates at Trophy Club)Take appropriate action regarding a request for a preliminary plat for Lots 110, BlockA, The Willow Estates at Trophy Club, consisting of 4.208 acres out of the RosalindaAllen Survey, Abstract No. 17, located west of Highland Court, Trophy Club, Texas.(D.Jones)19.Case PP21003 (The Oak Estates at Trophy Club)Take appropriate action regarding a request for a preliminary plat for Lots 19, BlockA, The Oak Estates at Trophy Club, consisting of 4.339 acres out of the Thomas J.Allen Survey, Abstract No. 7, located west of Milsons Point Drive, Trophy Club, Texas.(D. Jones)20.Case PP21004 (The Cypress Estates at Trophy Club)Take appropriate action regarding a request for a preliminary plat for Lots 110, BlockA, The Cypress Estates at Trophy Club, consisting of 3.581 acres out of the RichardW. Allen Survey, Abstract No. 5, located south of Nottingham Drive at AnnandaleDrive, Trophy Club, Texas. (D. Jones)21.Presentation by Teague, Nall, and Perkins on Drainage Project located at IndianCreek Drive. (W. Carroll) 22.Future Agenda Items List. (W. Carroll)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.org
EXECUTIVE SESSION
23.Executive Session pursuant to the following section of the Texas Government Code,
Annotated, Chapter 551 (Texas Open Meetings Act)
Section 551.074 Personnel Matters – Discussion and possible action on Interviews
Conducted for Board and Commissions Annual Appointments. (Mayor Fleury, Mayor
Pro Tem Lamont, and Council Member Karl Monger)
RECONVENE INTO REGULAR SESSION
24.Take appropriate action on the Executive Session Item.
25.Approve Resolution 202112 appointing Board Members to the following Boards and
Commissions:
a) Animal Shelter Advisory Board
b) Building Standards Commission
c) Crime Control and Prevention District
d) Economic Development Corporation 4B
e) Ethics Commission
f) Parks and Recreation Board
g) Planning and Zoning Commission
h) Tax Increment Reinvestment Zone No. 1
i) Zoning Board of Adjustment
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 Friday, September 24, 2021 by 5:00 p.m. 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 2021-24
Town of Trophy Club, Texas
A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL SUPPORTING
OCTOBER 5, 2021 AS NATIONAL NIGHT OUT IN TROPHY CLUB.
WHEREAS, National Night began in 1984 with 2.5 million Americans taking part, and in
2021 the 38th Annual National Night Out has brought more than 38 million neighbors in
approximately 17,000 communities from all 50 States, US Territories, and Military Bases; and
WHEREAS, the Town of Trophy Club Police Department is currently taking registration
from Trophy Club HOAs to promote a National Night Out to maintain our safe community status;
and
WHEREAS, this year marks the 38th Annual National Night Out providing an opportunity to
join forces with many other communities across the country and worldwide in promoting
cooperative, community building efforts for a more caring community; and
WHEREAS, The Town of Trophy Club Police and Fire Departments play vital roles in
assisting other law enforcement agencies and first responders with efforts which are reciprocated;
and
WHEREAS, Community Policing, Neighborhood Partnerships, and Inter-agency
Cooperation are important themes to promote; and
WHEREAS, this year, the Town of Trophy Club was named the Safest City in Texas by
SafeWise and that accomplishment is credited to the assistance of our community-building efforts
and support of our Police and Fire Departments.
NOW, THEREFORE, I, MAYOR ALICIA L. FLEURY, IN CONJUNCTION WITH THE
TROPHY CLUB TOWN COUNCIL, DO HEREBY PROCLAIM OCTOBER 5, 2021 as:
"NATIONAL NIGHT OUT"
PASSED AND APPROVED by the Trophy Club Town Council this 27th day of September 2021.
_______________________________ ______________________________
Leticia Vacek, TRMC/CMC/MMC Alicia L. Fleury, Mayor
Town Governance Officer
5
Proclamation 2021-25
Town of Trophy Club, Texas
A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL
SUPPORTING OCTOBER 2021 AS BREAST CANCER AWARENESS
MONTH IN TROPHY CLUB.
WHEREAS, breast cancer is the most common cancer among women in the
United States accounting for 30% of newly diagnosed cancers; and
WHEREAS, in 2021, about 281,550 new cases of invasive breast cancer will be
diagnosed in women, with 2,650 new cases will be diagnosed in men. Every 2 minutes,
one case of breast cancer is diagnosed in a woman in the United States; and
WHEREAS, mammography, an “x-ray of the breast,” is recognized as the single
most effective method of detecting breast changes long before physical symptoms can
be seen or felt. Early detection and improved treatment has significantly reduced the
number of deaths caused by breast cancer; and
WHEREAS, researchers, scientists, and numerous nonprofit organizations are
dedicated to discovering the cure for breast cancer. During the month of October, we
acknowledge the extraordinary commitment and effort invested in this cause; and
WHEREAS, recognizing that over 3.5 million Americans are Breast Cancer
Survivors gives us hope as we extend a deep respect for survivors and advocates for
prevention and a cure.
NOW, THEREFORE, I, MAYOR ALICIA L. FLEURY, IN CONJUNCTION WITH
THE TROPHY CLUB TOWN COUNCIL, DO HEREBY PROCLAIM:
OCTOBER 2021 AS BREAST CANCER AWARENESS MONTH
PASSED AND APPROVED by the Trophy Club Town Council this 27th day of
September 2021.
_____________________________ __________________________
Leticia Vacek, TRMC/CMC/MMC Alicia L. Fleury, Mayor
Town Governance Officer
6
September 13, 2021
Page 1 of 5
TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
Monday, September 13, 2021; 7 PM
The Trophy Club Town Council met in a Regular Meeting on Monday, September 13, 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
Dennis Sheridan Council Member, Place 3
Karl Monger Council Member, Place 4
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
CALL TO ORDER AND ANNOUNCE A QUORUM
Mayor Fleury called the meeting to order at 7 PM and noted a quorum present, noting that all five Council Members were
present.
INVOCATION
Pastor Jeff Brooks, Lake Cities Church of Christ, delivered the Invocation and prayed for all women and men who serve the
public, sacrificing their time, giving their energy and their hearts. He asked that we be mindful of all who have made the
ultimate sacrifice to lay down their lives for us.
PLEDGES
Council Member Sheridan led the pledges to the American Flag and Texas Flag.
ANNOUNCEMENTS AND REPORTS
1. Business Spotlight – Qwench Juice Bar & DRNK Coffee + Tea
Matthew Glave, Manager of Qwench Juice Bar & DRNK announced their opening in December 2020 as a new concept to the
Juice Bar & Coffee Industry. Qwench is located next to Anamia’s Mexican Restaurant and open Sunday – Saturday, 8am – 8pm.
Their menu items include organic coffees from California, smoothies, acai bowls, raw juices, yogurt bowls, lattes, teas, breakfast
items, and sandwiches, with all items made fresh in the store at the time of the order. Mr. Glave noted that no artificial
sweeteners are used, only super foods, such as pumpkin seeds, almonds, nuts, and hemp seeds. Mr. Glave shared one of the
favorite coffees with the Council. Mayor Fleury welcomed Qwench Trophy Club and thanked Mr. Glave for the delicious coffee.
2. Life Saving Awards:
Fire Department – Capt. Donnie Hurd, Firefighter Steve Rusk, and Firefighter Raffi Kaftajian
Westlake FD – Jeremy Arrington, and Travis Livingston
Chief Taylor reported on August 15, 2021, the Trophy Club Fire Department responded to several emergencies in a short period.
The initial call received dispatched the squad and ambulance; shortly after, a stroke call was received and their Fire Truck
responded, as well as a Roanoke Ambulance. Within minutes, a third call was received, and Chief Taylor responded.
7
September 13, 2021
Page 2 of 5
The truck was initially cleared from the second call and immediately responded to the third call, which involved an unconscious
patient. At that time, Westlake Ambulance was dispatched to aid with the call. This call involved a CPR Save, with the patient
being transported to Baylor Grapevine and recently discharged from the hospital. Chief Taylor praised the outstanding job
provided by Trophy Club, Roanoke and Westlake Fire Departments. He thanked the Council and Community for their
willingness to put forth the funds to have top notch Police and Fire equipment, training and personnel providing exceptional
service to Trophy Club Citizens. Chief Taylor presented an award and certificate to Captain Donnie Hurd, Firefighter Steve Rusk,
Firefighter Raffi Kaftajian, and Westlake Firefighter Jeremy Arrington. He also recognized Westlake Firefighter Travis Livingston,
who was called away to respond to a call.
Council Member Sheridan thanked all Firefighters for a job well done. Mayor Fleury recognized Chief Taylor for being first on
the scene of the CPR Call, thanked him for his service, strong leadership while presenting him with an award.
3. American Heart Association Mission Lifeline Gold Plus Award to Trophy Club FD EMS. (J. Taylor & Dr. Robert Hancock)
Mayor Fleury welcomed Dr. Robert Hancock, Assistant Clinical Professor of Emergency Medicine of OSU School of Medicine
and EMS Medical Director of Euless, Roanoke, Keller, and Westlake Fire Departments. Dr. Hancock provided a summary of the
American Heart Association Mission Lifeline Gold Plus Award. He reported that AHA measures the metrics based on treatment
of chest pain, heart attacks, cardiac arrest, and stroke patients, as well as how quick treatment begins, patient is transported
and how quick to recognize if the Cath Lab is to be alerted. He shared a study regarding EMS response times that found that
the quality and higher level of care and better trained crew had a higher percentage of saving lives. He also shared the survival
to discharge with neurological function is the goal as a physician. He reported that all agencies in this area are well over double
the survival rate compared to larger cities, with key factors being leadership and training, and Trophy Club exemplifies these
character traits. Mayor Fleury thanked Dr. Hancock for his presence and accolades to the Fire Department.
On behalf of Dr. Justin Northeim, Medical Director for Trophy Club Fire Department, Dr. Hancock presented Captain Shane Beck
with the Mission Lifeline Gold Plus Award. He stated the Life Saving Award showed proof of why this award is so well deserved
and the rarity of a City receiving a Gold Plus Award 2 straight years. Captain Beck reflected on the Council’s leadership as well
as within the department. Mayor Fleury congratulated Captain Beck on completion of his 25 years of service to Trophy Club.
4. Update on Pet Fest to be held Saturday, October 2, 2021; 9 AM – 11 AM. (W. Carroll)
Town Manager Carroll announced the 13th Annual Pet Fest set for Saturday, October 2, 2021; 9 AM – 11 AM at Freedom Dog
Park. Said event will bring multiple vendors, includes face painting and other child activities, with additional information
available on the Trophy Club Website. Mayor Fleury encouraged citizens to attend this fun-filled, popular event.
PROCLAMATIONS
5. Issuance of Proclamation 2021-23 proclaiming Suicide Awareness Month. (Mayor Fleury)
Mayor Fleury read Proclamation 2021-23 and made a motion to approve. Council Member Monger seconded the motion. The
motion carried as follows:
AYE: Sheridan, Monger, Shoffner, Mayor Pro Tem Lamont, Mayor Fleury
NAY: None
ABSENT: None
Mayor Fleury presented Proclamation 2021-23 to Council Member Monger, GallantFew Executive Director and thanked him for his
continued education and excellent work provided to Veterans. Council Member Monger thanked Mayor Fleury for recognizing the
work involved and added the importance of staying in the moment, keeping focused and knowing life is good.
Mayor Fleury addressed Item Number 8 at this time.
8. Take appropriate action to approve Resolution 2021-10 approving the Tax Roll of the Denton Central Appraisal
District and Tarrant County Appraisal District for 2021. (M. Erwin)
Mayor Pro Tem Lamont made a motion to approve Resolution 2021-10 approving the Tax Roll of the Denton Central Appraisal
District Council and Tarrant County Appraisal District for 2021. Council Member Monger seconded the motion. The motion carried as
follows: 8
September 13, 2021
Page 3 of 5
AYE: Sheridan, Monger, Shoffner, Mayor Pro Tem Lamont, Mayor Fleury
NAY: None
ABSENT: None
PUBLIC HEARING(S)
6. Conduct a Public Hearing regarding the proposed Tax Rate for Fiscal Year October 1, 2021 to September 30, 2022. (M.
Erwin)
Mayor Fleury declared the Public Hearing open at 7:30 pm on the proposed Tax Rate for Fiscal Year October 1, 2021 to September
30, 2022. Mayor Fleury asked if anyone had registered to speak. Town Governance Officer Vacek confirmed there were no speakers for
the Public Hearing. Mayor Fleury declared the Public Hearing closed at 7:30 pm.
INDVIDIUAL ITEMS
7. Take appropriate action approving Ordinance 2021-18 fixing and levying Municipal Ad Valorem Taxes for the Town of
Trophy Club’s fiscal year beginning October 1, 2021 and ending September 30, 2022; directing the assessment thereof;
and providing an effective date. (W. Carroll).
Mr. Carroll reported at the last meeting, Council approved the budget, which is the spending of the funds. The setting and approving of the
tax rate is the revenue side of the budget. He noted that staff and the Budget Subcommittee has worked diligently to develop a budget that
is good for the Town as well as follow the direction of the citizens to leave the tax rate the same and continue providing services to the Town.
Mayor Pro Tem Lamont made a motion to approve the property tax rate be increased by the adoption of the tax rate of $0.445000 per
$100.00 valuation, which is effectively a 1.61% increase in the tax rate. He stated for the record, the tax and percentage rates are not being
increased, as State Law requires that nomenclature be used, which is the confusion to all. Council Member Shoffner seconded the motion.
Council Member Sheridan stated he is not in favor of the tax rate increase as tonight’s presentation and explanation of incidents performed
by the Fire Department as well as by the Police Department reflects that the Town needs to support these departments and keep the same
level of service where it is, not lowering it. Mayor Fleury reported this amount decreases this year’s budget revenue by $28,546.21, as
provided by Mr. Carroll. She added that that the savings would be $7.21 per year on a $500,000 Trophy Club Home. Mayor Fleury added
that in 10 years the same homeowner would save $72.10, while the loss to the Town would be $280,462.60. Mayor Fleury agreed with
Council Member Sheridan’s comments and shared that the recent survey overwhelming showed that residents enjoy the services provided
and want these to remain the same. She added that if the Town decreases taxes, the service levels would be hard to maintain. She shared
her philosophy that Council is to make decisions based on what is best for the Town and Residents, not what looks good for the Council.
Lastly, she added that an annual $7.21 in savings per household is not worth a decrease in services. The motion carried as follows:
AYE: Monger, Shoffner, Mayor Pro Tem Lamont
NAY: Sheridan, Mayor Fleury
ABSENT: None
The motion failed.
Council Member Sheridan made a motion to approve Ordinance 2021-18 fixing and levying Municipal Ad Valorem Taxes for the Town of
Trophy Club’s fiscal year beginning October 1, 2021 and ending September 30, 2022 at 0.446442/$100 valuation directing the assessment
thereof; and providing for an effective date. Mayor Fleury seconded the motion. The motion carried as follows:
AYE: Sheridan, Mayor Fleury
NAY: Monger, Shoffner, Mayor Pro Tem Lamont
ABSENT: None
The motion failed.
Mayor Pro Tem Lamont moved to approve Ordinance 2021-18 fixing and levying Municipal Ad Valorem Taxes at the tax rate of
$0.445000/$100 valuation which is effectively a 1.61% increase in the tax rate for the Town of Trophy Club’s fiscal year beginning October 1,
2021 and ending September 30, 2022 and added that the tax rate is not being increased. Council Member Shoffner seconded the motion.
The motion carried as follows:
AYE: Monger, Shoffner, Mayor Pro Tem Lamont
NAY: Sheridan, Mayor Fleury 9
September 13, 2021
Page 4 of 5
ABSENT: None
The motion failed.
Council Member Sheridan made a motion that that the property tax rate be increased by the adoption of a tax rate of $0.446442 over $100,
which is effectively a 1.94% increase in the tax rate. And if Ordinance 2021-18 is approved, the Ordinance fixing and levying Municipal Ad
Valorem Taxes for the fiscal year beginning October 1, 2021 and ending September 30, 2022; and for each fiscal year thereafter until
otherwise provided at a rate of 0.446442 per $100 assessed valuation of all taxable property within the corporate limits of the Town. Mayor
Fleury seconded the motion. The motion carried as follows:
AYE: Sheridan, Monger, Mayor Fleury
NAY Shoffner, Mayor Pro Tem Lamont
ABSENT: None
The motion failed.
A lengthy discussion ensued whereby Mayor Fleury indicated that a new motion would need to be made.
Mayor Pro Tem Lamont made a motion to approve Ordinance 2021-18 the property tax rate be increased by the adoption of a tax rate of
0.445000 per $100 valuation, which is effectively a 1.61% increase in the tax rate and added that the tax and percentage rates are not being
increased but the State requires nomenclature be used, which is confusing. Council Member Shoffner seconded the motion. The motion
carried as follows:
AYE: Sheridan, Monger, Shoffner, Mayor Pro Tem Lamont
NAY: Mayor Fleury
ABSENT: None
The motion carried.
9. Take appropriate action approving Resolution 2021-11 authorizing the Annual Service and Assessment Plan for the
Emergency Services District for the Town of Trophy Club Public Improvement District. No. 1 (The Highlands at Trophy
Club) and the proposed Assessment Roll; setting a Public Hearing Date and authorizing the publication of notice;
enacting other provision related thereto. (M. Erwin)
Mr. Erwin reported said item will set the public hearing date for the next Town Council Meeting for the Emergency Services
District Tax Rate for The Highlands, which will be 0.0412, a decrease from last year. He noted should the Council approve, staff
will send DTA an email to move forward with the mailing requirement to citizens that live in the PID.
Mayor Pro Tem Lamont made a motion to approve Resolution 2021-11 setting the date of the Public Hearing for September
27, 2021, authorizing the publication of the notice and enacting other provisions related thereto for the Annual Service and
Assessment Plan for the Emergency Services District for Public Improvement District No. 1 (The Highlands at Trophy Club) and
the proposed Assessment Roll. Council Member Shoffner seconded the motion and asked for verification, that residents in the
PID District No. 1 pay no more or no less than residents in the MUD District. Mr. Erwin confirmed that was correct for Fire
Services. The motion carried as follows:
AYE: Sheridan, Monger, Shoffner, Mayor Pro Tem Lamont, Mayor Fleury
NAY: None
ABSENT: None
10. Take appropriate action approving the Regular Meeting Minutes of August 24, 2021. (L. Vacek)
Mayor Pro Tem Lamont made a motion to approve the August 24, 2021 Town Council Meeting Minutes. Council Member
Shoffner seconded the motion. The motion carried as follows:
AYE: Sheridan, Monger, Shoffner, Mayor Pro Tem Lamont, Mayor Fleury
NAY: None
ABSENT: None
11. Future Agenda Items List. (W. Carroll)
Mr. Carroll presented four items on the Future Agenda Items List. He asked if there were any additional items to add or any
clarification on the four items listed. Mayor Pro Tem Lamont asked who was serving on the Veterans Committee. Mr. Carroll 10
September 13, 2021
Page 5 of 5
reported the members are Council Members Sheridan, Monger, Mr. Jim Parrow, Mr. Tony Jaramillo, and himself. No further
discussion was had on said item and Mayor Fleury addressed Public Comments.
PUBLIC COMMENTS
Mayor Fleury invited residents to speak at any time during a Council Meeting and follow the rules of decorum. Mayor Fleury
reminded everyone that during Public Comments; Council is not able to engage or discuss the topic being spoken, Council
may only listen and that does not mean Council agrees or disagrees with the information presented, or that it is correct, or
incorrect. Mayor Fleury announced that if a “Point of Order” is called, the speaker must stop and action must be taken, in
order to abide by the rules. Mayor Fleury asked if anyone had registered to speak. Town Governance Officer confirmed there
were no speakers for Public Comment.
Mayor Fleury thanked everyone who participated in the 9/11 Remembrance Ceremony, with special thanks to all First
Responders, non-profit groups, residents, and guests present. She added the importance of always remembering 9/11 and
honoring the lost heroes at the yearly event. Mayor Fleury reminded all to attend the upcoming Pet Fest on October 2, 2021.
ADJOURNMENT
Mayor Fleury adjourned the meeting at 7:58 PM.
_
Alicia L. Fleury, Mayor
Attest:
_
Leticia Vacek, TRMC/CMC/MMC
Town Governance Officer/Town Secretary/RMO
11
12
Page 1 of 2
To: Mayor and Town Council
From: Mike Erwin, Finance Manager
CC: Wade Carroll, Town Manager
Leticia Vacek, TRMC/CMC/MMC, Town Secretary/RMO
Re: Fiscal Year 2020-2021 Budget Amendment #4
Town Council Meeting, September 27, 2021
Agenda Item:
Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2020-
2021(FY21) Budget of the Town of Trophy Club, Texas Budget Amendment No. 4; providing for
an amendment to appropriate funds related to changes in various departments; and providing
an effective date (M. Erwin).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
At the April 13, 2021 Council meeting an EDC agreement with The Trophy Table was entered into.
This budget amendment increases the FY21 expenditure budget for the EDC by the $300,000 to
reflect the agreement and in preparation for end of the year accounting.
Financial Considerations:
Budget Amendment #4 changes the FY21 budget in the following ways:
Increase EDC Incentive Programs line item from $0 to $300,000 in accordance with the
previously agreed upon action.)
The total fiscal impact to the FY21 budget is a net increase of $300,000 in EDC Fund expenditures.
The end of the year fund balance for the EDC is projected to be above $150,000 after meeting all
obligations.
Legal Review:
Not applicable
13
Page 2 of 2
Board/Commission/ or Committee Recommendation:
Not Applicable
Staff Recommendation:
Staff recommends approval of Ordinance No. 2021-20.
Attachments:
Ordinance No. 2021-20
Town Council Approval:
Mayor Alicia L. Fleury or designee
14
TOWN OF TROPHY CLUB
ORDINANCE NO. 2021-20
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING THE FY 2020-2021 BUDGET OF THE TOWN OF TROPHY
CLUB, TEXAS, BUDGET AMENDMENT NO. 4; PROVIDING FOR AN
AMENDMENT TO APPROPRIATE FUNDS FOR EXPENDITURES
ASSOCIATED WITH OPERATIONS AND CAPITAL; PERSONNEL
CHANGES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2020-2021 Budget was
adopted within the time and in the manner required by State Law; and
WHEREAS, in that Budget, the Town Council did not appropriate funds for
expenditures associated with previous fiscal year’s capital projects; current fiscal year
reclassification of expenditures; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that
the amendment, as set forth in Exhibit “A”, will serve the public interest and is necessary
to support Town operations; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and
determines that the change in the Budget for the stated municipal purpose serves best
interests of the taxpayers, is necessary and warrants action at this time.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
The Town of Trophy Club, Texas, Fiscal Year 2020-2021 Budget is hereby
amended to fund the line items as stated in Exhibit “A”, a copy of which is attached hereto
and incorporated herein. This Amendment No. 4 (Exhibit “A”) to the Original Budget
of the Town of Trophy Club, Texas, for the Fiscal Year 2020-2021 shall be attached to
and made part of the Original Budget by the Town Secretary and shall be filed in
accordance with State Law. This Ordinance is hereby adopted and shall constitute the
second amendment that has occurred since the October 1, 2020 effective date of the
Town’s Fiscal Year 2020-2021 Budget.
15
ORD 2021-20
Page 2 of 4
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Fiscal Year 2020-2021 Budget of the Town and shall not repeal any of the
provisions of such Ordinances except in those instances where provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance; whether such
Ordinances are codified or uncodified, and all other provisions of the Ordinances of the
Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby declares
it would have passed such remaining portions of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance in the Ordinance records of the Town and to properly record this
Ordinance in accordance with the Town Charter.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 27th day of September, 2021.
16
ORD 2021-20
Page 3 of 4
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 III, Town Attorney
Town of Trophy Club, Texas
17
ORD 2021-20
Page 4 of 4
Exhibit “A”
Department Line Item
Line Item
Description Budget Total
Recommended
Change
Amended
Budget
Section 1
EDC In centive Programs 15-95-87200 Incentive ProgramsIncrease to recognize EDC Agreement with Trophy Table -$ 300,000.00$ 300,000.00$
Total -$ 300,000.00$ 300,000.00$
FY21 BUDGET AMENDMENT #4:
18
FY21 BUDGET AMENDMENT #4:
TOTAL CHANGES
Department Line Item
Line Item
Description
Approved Budget
Total
Recommended
Change
Amended
Budget
Section 1
EDC Incentive Programs 15-951-87200 Incentive ProgramsIncrease to recognize EDC Agreement with Trophy Table$-$300,000.00 $300,000.00
Total $-$300,000.00 $300,000.00
19
Page 1 of 2
To:
From:
CC:
Mayor and Town Council
Mike Erwin, Finance Manager
Wade Carroll, Town Manager
Leticia Vacek, Town Secretary/RMO
Re: PID Water Fees Rate Change
Town Council Meeting, September 27, 2021
Agenda Item:
Take appropriate action adopting Ordinance 2021-22 regarding the Municipal Utility District's new
fee for water service and water meter fees for customers within the boundaries of the Public
Improvement District No 1 (PID). (M. Erwin)
Strategic Link:
Infrastructure & Development - Collaborate effectively with other governmental entities
Background and Explanation
The TCMUD No. 1 Board of Directors met on September 20, 2021 to determine rate changes.
When the MUD Board approves rate changes, the Town is required to adopt a Town Rate Order
identical to the amended MUD Rate Order according to the Amended and Restated Contract for
Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater
Operational Services.
The changes provided on the attachments identify a slight rate increase in water meter fees for
residential and commercial applications and increases to the water meter fees.
Financial Considerations:
Not applicable.
Legal Review:
The Town Attorney has reviewed this item and concurs with the Staff recommendation.
Board/Commission/Committee Recommendation:
The TCMUD No. 1 Board approved Rate Order No. 2020-0921B to amend water meter fees.
20
Page 2 of 2
Staff Recommendation:
Staff recommends approval of Ordinance No. 2020-18, as submitted.
Attachments:
•Ordinance 2021-22 PID Water Fees
•TCMUD No. 1 Rate Order No. 2021-0920A
____________________________
Mayor Alicia L. Fleury or designee
21
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2021-22
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SUBSECTION (C) METER FEE, OF SECTION A1.014,
WATER AND WASTEWATER FEES FOR PUBLIC IMPROVEMENT
DISTRICT NO. 1, OF ARTICLE A1.000, GENERAL PROVISIONS, OF
APPENDIX A, FEE SCHEDULE, OF THE TOWN OF TROPHY CLUB
CODE OF ORDINANCES; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING FOR
SAVINGS AND REPEALER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING
FOR A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED
DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, fees imposed by the Town are adopted via Ordinance and are codified in
Appendix A of the Code of Ordinances of the Town; and
WHEREAS, Appendix A, Article A1.000, Section A1.014 of the Town of Trophy
Club Code of Ordinances contains fees for public works for the Trophy Club Public
Improvement District No. 1 (hereinafter "PIO"), including fees for meters utilized within the
PIO; and
WHEREAS, the Town of Trophy Club (the "Town") is the owner and/or operator of a
water and sewer system designed to serve present and future inhabitants of the Trophy Club
Public Improvement District No. 1 (the "Town System"); and
WHEREAS, under the Amended and Restated Contract for Wholesale Water
Supply and Wastewater Treatment Services and Water and Wastewater Operational
Services between the Town and Trophy Club Municipal Utility District No. 1 dated July
25, 2017 (the "Contract"), the Trophy Club Municipal Utility District No. 1 (the "MUD") has
agreed to provide the Town with wholesale water and wastewater services and with
operations services related to the Town System within the boundaries of the PIO Property,
as that term is defined in the Contract; and
WHEREAS, Section 7.1(a) of the Contract requires that the MUD shall provide to
Town any amended or revised MUD Rate Order adopted by MUD and Town shall adopt
a Town Rate Order identical to the amended or revised MUD Rate Order. The Town shall
adopt a Town Rate Order identical to the amended or revised MUD Rate Order provided
that the Town has received receipt of the amended or revised MUD Rate Order at least
96 hours before a regularly scheduled Council meeting. In the event that the Town
receives receipt of the amended or revised MUD Rate Order with less than 96 hours
before a regularly scheduled Council meeting then the Town shall adopt a Town Rate
22
Order identical to the amended or revised MUD Rate Order at the second regularly
scheduled Council meeting after receiving receipt of the amended or revised MUD Rate
Order; and
WHEREAS, Sections 3.9 and 4.10 of the Contract require the Town to adopt retail
water and wastewater service rules, regulations and policies at least as stringent as the
provisions of amended or revised MUD service rules, regulations or policies (the "MUD
Service Rules and Policies") within sixty (60) days of Town's receipt of the amended or
revised MUD Service Rules and Policies; and
WHEREAS, the Town received a revised MUD Rate Order, with revised MUD
Service Rules and Policies, on September 21, 2021 with an effective date of October 1,
2021;and
WHEREAS, the Town Council hereby finds that amending Subsection (c) of
Section A1.014, Water and Wastewater Fees for PIO No. 1, of Article A1.000, General
Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of
Ordinances, as further specified herein, meets its contractual obligations pursuant to the
Contract and serves the best interests of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Subsection (c) of Section A1.014, Water and Wastewater Fees for PIO No. 1, of
Article A1.000, General Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club
Code of Ordinances are hereby amended as follows and all other subsections not
expressly mentioned hereafter shall remain the same:
"APPENDIX A FEE SCHEDULE
ARTICLE A1.000 GENERAL PROVISIONS
DESCRIPTION
The changes in the proposed Rate Order are shown below.
23
Section 1.09 Water Meter Fees. Fees charged are the actual cost of water meters.
METER SIZE WATER METER
FEE
UPDATED METER
FEE
5/8"$300 $318
1"$355 $381
1-1/2"$736 $780
Section 2.01 Water Service Rates.
Base Rates:
METER MONTHLY BASE RATE
SIZE Current Effective Oct. 1
5/8" & 3/4"$18.50 $18.54
1"$34.11 $34.84
1.5"$60.26 $61.79
2"$91.63 $98.87
3"$164.84 $185.37
4"$269.43 $308.95
6"$530.89 $617.91
Volumetric Rates:
Rate per 1000 gallonsGallons Used Current Oct. 1
0 to 6,000 $3.96 $4.09
6,001 to 17,000 $4.61 $4.76
17,001 to 25,000 $5.34 $5.51
25,001 to 50,000 $6.20 $6.40
50,001+ $7.21 $7.44
Meter fees for meter sizes less than or greater than 1" shall be based upon the fee charged
by the Trophy Club Municipal Utility District No. 1 ("MUD1") in accordance with its duly adopted
rate order.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting fees and shall not repeal any of the provisions of such Ordinances except in
those instances where provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all
other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not
in conflict with the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to 24
the effective date of this Ordinance has been initiated or has arisen under or pursuant to
such repealed Ordinance(s) shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall be deemed to remain and continue
in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby declares
it would have passed such remaining portions of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance in accordance with the Town Charter.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred
Dollars ($500.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
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SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect on September 27, 2021 in accordance with law,
and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 27th day of September 2021.
Alicia Fleury, Mayor Town
of Trophy Club, Texas
[SEAL]
ATTEST:
Leticia Vacek, TRMC/CMC/MMC
Town Secretary/RMO
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd, Town Attorney
Town of Trophy Club, Texas
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RATE ORDER
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1
ORDER NO. 2021-0920A
AN ORDER ESTABLISHING POLICIES, PROCEDURES, AND RATES FOR
WATER AND SEWER SERVICE; PROVIDING FEES FOR CONNECTION,
RECONNECTION, INSPECTION, ACCURACY READINGS, AND RETURNED
CHECKS; REQUIRING DEPOSITS FOR SERVICE; PROVIDING A PENALTY
FOR DELINQUENT PAYMENTS; AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) is the owner and/or
operator of a water and sewer system designed to serve present and future inhabitants within the
District and the Trophy Club Development; and
WHEREAS, the District’s most recent Rate Order was adopted on September 21, 2020
(Order No 2020-0920B), and additional modifications are needed. The District desires to establish
all of its rate policies in a single new Rate Order; and
WHEREAS, the Board of Directors of the District has carefully considered the terms of
this Rate Order No. 2021-0920A and is of the opinion that the following conditions and provisions
should be established as the policies, procedures, and rates for obtaining service from the
District’s water and sewer system.
THEREFORE, IT IS ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO. 1 THAT:
ARTICLE I
TAP FEES AND CONNECTION POLICY
Section 1.01. Initiation of Water and Sanitary Sewer Connections. Each person
desiring a water and sanitary sewer service connection to the District’s System shall be required
to pay such fees as set forth in this Order. No service shall be established or re-established until
such fees are paid. All service connections are subject to all other rules, regulations, and policies
of the District.
A. Certification of System. Connections shall not be made to the District’s
System or portions of the System until the District’s engineer or District staff has
certified that the System or applicable portion thereof is operable and meets all
regulatory requirements.
B. Backflow Prevention. No water connections from any public drinking water
supply system shall be allowed to any residential or commercial establishment where
an actual or potential contamination hazard exists unless the public water facilities
are protected from contamination.
At any residential or commercial establishment where an actual or potential
contamination hazard exists, protection shall be required in the form of a backflow
prevention assembly. The type of assembly required shall be specified by the District.
The existence of potential contamination hazards without installation having been
made of the means of control and prevention as set out in the preceding paragraph;
or, the same having been installed, there is a failure to properly maintain the same,
shall be considered sufficient grounds for immediate termination of water service.
Service can be restored only when the health hazard no longer exists, or when the
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health hazard has been isolated from the public water system in accordance with the
foregoing requirements.
All backflow prevention assemblies that are required according to this section
shall be tested upon installation by a recognized backflow prevention assembly tester
and certified to be operating within specifications. Backflow prevention assemblies
that are installed to provide protection against health hazards must also be tested
and certified to be operating within specifications at least annually by a recognized
backflow prevention assembly tester.
The Customer shall, at his expense, properly install, test, and maintain any
backflow prevention device required by this Rate Order. Copies of all testing and
maintenance records shall be provided to the District within ten (10) days after
maintenance and/or testing is performed.
If the Customer fails to comply with the terms of this Order, the District shall, at
its option, either terminate service to the property or properly install, test, and maintain
an appropriate backflow prevention device at the service connection at the expense
of the Customer. Any expenses associated with the enforcement of this agreement
shall be billed to the Customer.
C. Availability of Access/Obstructions. By application for connection to the
District’s System, the Customer shall be deemed to be granting to the District and its
representatives a right of ingress and egress to and from the meter or point of service
for such installation, maintenance and repair as the District, in its judgment, may
deem reasonably necessary. The Customer shall also be deemed to be granting to
the District and its representatives a right of ingress and egress to the Customer’s
property, including the exterior of the Customer’s premises, for the purpose of
performing the inspections and completing the Customer’s Service Inspection
Certifications required by the District’s rules and regulations. Taps and connections
will not be made when, in the opinion of the District, building materials or other debris
obstructs the work area or the work area is not completed or finished to grade. When
sidewalks, driveways or other improvements have been constructed prior to
application for service, such application shall be construed and accepted as the
Customer’s waiver of a claim for any damages to such improvements resulting from
the reasonable actions of the District in installation of the connection.
Section 1.02.Residential Fire Lines, Connections, and Fees. A residence of at least
six-thousand (6,000) square feet but less than eight-thousand (8,000) square feet shall have
installed on its one-inch (1”) water service line, for fire protection, a one-inch (1”) U-branch, with
a separate meter and meter-box. The cost of installation, including parts, equipment, and labor
shall be eight-hundred dollars ($800.00), payable at the time of permitting.
A residence of eight-thousand (8,000) square feet or greater, in addition to its regular one-
inch (1”) water service line, shall have installed a separate one-and one-half (1 ½ “) water service
line for fire protection with its own meter and meter-box. The cost of connection and installation
of the fire line and meter shall be either one thousand six hundred dollars ($1,600.00) if the home
is on the same side of the street as the waterline; or, if it is on the opposite side of the street from
the waterline, necessitating boring, then the charge shall be five thousand nine hundred seventy
five dollars ($5,975.00), payable at the time of permitting to the District.
Section 1.03. Connections by District. All Connections to the District’s water and sewer
system shall be made with written approval of the District and in accordance with the District’s
Plumbing Code and its rules and regulations.
No person except the General Manager or his/her authorized agent shall be permitted to
tap or make any connection to the mains or distribution piping of the District’s water system, or
make any repairs, additions to, or alterations in any meter, box, tap, pipe, cock or other fixture
connected with the water system or any manhole, main, trunk or appurtenance of the District’s
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sanitary sewer system. No sewer connection shall be covered in the ground and no house lead
shall be covered in the ground before it has been inspected and approved by a licensed plumbing
inspector with jurisdiction of the site.
Section 1.04. Water and Sewer Tap Fees. Fees for water and sewer taps performed
by the District are as follows:
Water Service Taps:
Size Fee for Tap Bore (if applicable)
up to 1" Tap $1,200.00 $5,000.00
2" Tap $1,800.00 $10,000.00
3" Tap $4,500.00 $10,000.00
4" Tap $5,500.00 $10,000.00
6" Tap $6,500.00 $10,000.00
8" Tap $7,500.00 $10,000.00
10" Tap $8,500.00 $10,000.00
Sewer Service Taps: Actual cost plus 10%. An estimate will be provided prior to work
being performed.
When water taps have been made by someone other than the District personnel, there is
an installation/inspection fee of fifty dollars ($50.00) plus the cost of the appropriate meter.
Section 1.05. Inspections and Fees. Fees for permits and for plumbing inspections
(other than for sewer and backflow inspections referred to below in subparagraphs A and B)
should be paid to the city or town in which the property is located or to the District if the property
is not located within a city or town.
A. Sewer Inspection and Fees. Sewer connections and house service lines shall
be inspected by the District. An inspection fee of one-hundred-fifty dollars ($150.00)
shall be paid to the District for each connection to the District sanitary sewer system.
Installations that fail to conform at any time to the rules and regulations shall be
disconnected. Any customer whose connection is disconnected for such failure shall
be notified as to the basis for such disconnection. After noted deficiencies have been
corrected, a re-inspection shall be made upon payment to the District of a re-
inspection fee of twenty-five dollars ($25.00), plus payment by the customer of all
outstanding charges. If subsequent re-inspections are required before the sewer
connection and service lines are in compliance with the rules and regulations, a re-
inspection fee of twenty-five dollars ($25.00) shall be paid to the District for each
subsequent re-inspection. Inspections by the District requested after regular business
hours will be charged at a minimum of one-hundred dollars ($100.00).
B. Backflow Inspections. Backflow installations (residential and commercial)
that require annual inspections must have a certified Backflow Technician perform
the testing and submit the report annually to the District.
C. Swimming Pool Discharge into Sanitary Sewer System. New swimming
pools permitted on or after June 24, 2005, shall have all backwash and/or drainage
from said pool discharge into the sanitary sewer system. Owners of pools built or
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permitted prior to July 1, 2005 are not required to retrofit the pool equipment and tie
into the sanitary sewer. However, swimming pool backwash and drainage must drain
to grassy areas and is not permitted to flow into the storm drain system, creeks, or
other waterways.
For swimming pools discharging to the sanitary sewer system, an indirect connection
shall be made by means of an air break, discharging into a tailpiece installed a
minimum of six inches (6”) (or 152 mm) above adjacent grade. The tailpiece shall be
connected to a minimum three-inch (3” or 76mm) p-trap not less than twelve inches
(12” or 304 mm) below grade which discharges into the yard cleanout riser. Backwash
systems shall not flow onto neighboring properties or into the storm sewer. The tie-in
and inspection fee shall be seventy-five dollars ($75.00) to be paid at the time of
issuance of the pool permit.
Section 1.06 Temporary Water Service-Construction Meters.
A. Construction Meters. The District shall be authorized to make a temporary
connection to any fire hydrant or flushing valve upon request for temporary water
service. All temporary service shall be metered and billed to the temporary customer
as provided herein. All unauthorized withdrawal of water from flushing valves, fire
hydrants, or other appurtenances of the District’s System is prohibited.
B. Application and Deposit. Each temporary customer desiring temporary
water service shall be required to execute an application for such temporary service
and shall provide a minimum-security deposit of one-thousand-seven-hundred-
seventy-five dollars ($1,775.00) for a three-inch (3”) meter and RPZ; one-thousand-
four-hundred-twenty-five dollars ($1,425.00) for a smaller meter and smaller RPZ.
The deposit shall be made by cashier’s check or money order payable to the
District. The deposit shall be used by the District to secure the payment for
temporary water supplied by the District, the installation fee, and the cost of repair
of any damages caused by the temporary customer. The balance of the security
deposit, if any, shall be refunded after disconnection from the District’s System.
C. Construction Meter Fees and Rates. Construction meters will be charged
the same monthly rates (base fee and volumetric rate) for water as commercial
accounts as set forth in Article II of this Rate Order.
D. Temporary Construction Meter Use and Billing. Construction meters can
be rented by filing an application at the District office and payment of all required
deposits. Upon approval of the application, a temporary meter and RPZ will be
provided to the applicant. Installation on any fire hydrant or flush valve must be
approved by the District and District meters may only be used within the District’s
service area. The location of installation must be indicated on the application and
cannot be relocated unless notification is provided to and approved by the District in
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advance. Temporary meters may only be rented for a period of ninety (90) days and
extensions may be approved upon request and approval. Failure to return a
temporary meter or request a usage extension by the due date will result in
repossession of the meter and forfeiture of the deposit.
Upon return of a temporary construction meter, an inspection of the meter and RPZ
will be performed. Any and all damages to the meter and/or RPZ will be charged to
the customer and deducted from the deposit. If the deposit does not cover the total
amount of damages, the balance will be billed to the customer and payment must be
received by the due date. Failure to pay all charges due will result in suspension of
rental privileges until payment in full and may result in collection procedures.
E. Return of Temporary Meter at District Request. The District reserves the
right to request the return of a temporary construction meter at any time determined
necessary by the District. Should Stage 2 Drought Restrictions or more stringent
restrictions be implemented, all temporary construction meters must be returned
within three (3) business days of notification by the District. Failure to promptly return
the temporary meter within three business days will result in repossession of the
meter and forfeiture of the deposit. Should District personnel be unable to locate the
temporary meter for repossession, theft charges will be filed against the meter holder
with local law enforcement.
Section 1.07 Service Outside the District. The rates and charges stated in this Rate
Order are for services to customers and property located within the boundaries of the District. Any
service to a customer or property located outside the boundaries of the District shall be granted
only upon approval by the Board of Directors of the District. Out of District customers will pay
the adopted rates for in district customers plus 15% for both water and sewer base and volumetric
rates. For the purpose of customer classification, Trophy Club Park at Lake Grapevine is
considered “in-district” and subject to all rates and service provisions related to in-district
customers.
Section 1.08 Service to New Development and Extension of Facilities.
A. New Service Connections and Extension of Facilities. New service
connections and extension of facilities must be constructed and installed in
accordance with the District’s Rules Governing New Service Connections and
Extension of Facilities as approved through separate Resolution by the Board of
Directors. Applicants for Non-Standard Service must submit all required
information and pay all fees prior to conveyance of facilities and service
commencement.
B. Application Fee for Non-Standard Service. Upon request for non-standard
service an application fee of $150 must be submitted.
C. Design of Facilities. All water and wastewater facilities to be constructed to
extend service to new developments must be designed by a professional engineer
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licensed in the State of Texas at the applicant’s expense. The District must approve
the plans and specifications prior to the commencement of construction. At the time
of plan review submittal, the applicant must provide payment to the District in the
amount of $2,500.00 as deposit for review of each set of plans and specifications
reviewed by the District’s engineer. The actual final fee for plan review by the District’s
engineer shall be provided to the applicant upon approval of the plans. If there is a
balance due over the $2,500 paid by the applicant at submittal, the balance due shall
be paid by the applicant prior to receiving District approval of plans and specifications.
District construction plans, and specifications shall be strictly adhered to, but the
District reserves the right to change order any specifications, due to unforeseen
circumstances during the design or construction of the proposed facilities, or as
otherwise authorized by applicable laws, to better facilitate the operation of the facility.
All expenses and costs associated with a change order shall be charged to the
applicant. Service to new developments is subject to available capacity in the
District’s water and wastewater systems. All new potential developments must seek
written approval from the General Manager that capacity is available to serve and
may be required to install offsite improvements if capacity is not available with current
system infrastructure.
D. Inspection Fees.The District will inspect all infrastructure during construction.
Inspection fees of $100 per lot must be paid to the District prior to a notice to proceed
being issued. A minimum of $500 for inspection fees is required if less than five (5) lots
are to be developed.
Section 1.09 Water Meter Fees.
METER SIZE WATER METER FEE
5/8" $318
1"$381
1-1/2"$780
2"Quoted at Time of Purchase
3"Quoted at Time of Purchase
4"Quoted at Time of Purchase
6"Quoted at Time of Purchase
8"Quoted at Time of Purchase
10"Quoted at Time of Purchase
Fees must be received by the District before any connection is installed.
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A customer seeking service through an oversized connection line or from a meter larger
than a one-inch (1”) standard meter shall follow the District’s policy for new development as
outlined in Section 1.07 above. Should approval be granted by the District, the customer agrees
to pay the water and sewer rates as outlined in Article II of this Rate Order.
Section 1.10. Fort Worth Impact Fee. Each customer requesting an initial connection,
shall also pay to the District the applicable City of Fort Worth Impact Fee.
Section 1.11. Title to Facilities. Title to all water meters, water and sewer taps, and all
other appurtenances, including meter boxes, shall lie in the District.
ARTICLE II
SERVICE RATES
Section 2.01. Water Service Rates. The following monthly rates for water service shall
be in effect for each separate connection within the District. The base rate for each connection
(meter) is calculated upon meter size and will be charged for each residential and commercial
meter:
(1) Water Rates
BASE RATES:
Meter Size Monthly Base Rate
5/8" & 3/4"$18.54
1"$34.84
1.5"$61.79
2"$98.87
3"$185.37
4"$308.95
6"$617.91
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VOLUMETRIC RATES:
Gallons Used Rate per
1000 gallons
0 to 6,000 $4.09
6,001 to 17,000 $4.76
17,001 to 25,000 $5.51
25,001 to 50,000 $6.40
50,001+ $7.44
(2) Multi-Unit Buildings.
Each multi-unit building (apartments, townhomes, business complex, etc.)
served by a single 5/8” meter or 1” meter shall be billed the base rate for
the meter size servicing the building multiplied by the number of units in the
building or complex.
Section 2.02. Sewer Service Rates. The following monthly rates for the collection and
disposal of sewage shall be in effect for each separate connection within the District:
Residential Sewer Rates: The District uses winter averaging for the purpose of
calculating sewer charges on utility bills. The sewer charges are based on average water
consumption for three months (December, January and February billing). The average
consumption will be analyzed annually and take effect the first of April each year.
New customers will be assigned a default value user charge that is equal to the average
winter water use for all residential customers. The winter average used for new residential
customer is 7,000 gallons.
A customer with a water leak during the averaging months may request a reduction in the sewer
usage calculation. Any customer filling a pool after resurfacing, construction or major repairs
during the averaging months may request that their winter average calculation be adjusted.
Requests for a reduction in sewer usage calculations must be submitted in writing to the General
Manager and have documentation showing the construction or repairs as applicable to the issue.
The General Manager or a duly authorized representative may adjust the metered water usage
in determining the winter average. To assist in establishing winter averaging sewer rates,
customers are encouraged to submit requests for sewer average reductions no later than March
15th.
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A. Residential Sewer Rates: Effective April 1, 2020
Base Rate:$ 22.15
0 to 4,000 $ 4.10
4,001 to 8,000 $ 5.85
8,001 to 12,000 $ 8.25
12,000+$ 11.75
B. Commercial Sewer Rates: Effective April 1, 2020
Base Rate:$ 22.15
Volumetric Rate:$ 6.94
*Commercial sewer usage is billed based on actual water usage per month
C. Multi-Unit Buildings.
Each multi-unit building (apartments, townhomes, business complex, etc.) shall be
billed the base rate for each meter servicing the building and sewer usage will be
billed based on actual water usage per month.
Section 2.03 Effluent Charge. The effluent from the District’s wastewater treatment
plant will be sold pursuant to separate contracts entered into with the District and approved by its
Board of Directors.
Section 2.04. Master Meter (Cooling Tower Calculation). The water usage from the
master meter reading minus the reading from the “Blow Down” meter equals the “evaporation.”
Water usage less “evaporation” equals sewer usage for billing purposes.
Section 2.06. Regulatory Assessment. Pursuant to Section 5.235, Texas Water Code,
and 30 TAC 291.76, the District shall collect and pay an annual regulatory assessment fee to the
Texas Commission on Environmental Quality (“TCEQ”) in the amount required by law on the total
charges for retail water and sewer service billed to its customers annually. The regulatory
assessment fee will be detailed separately on customer bills.
35
Section 2.07.No Reduced Rates or Free Service. All customers receiving water and/or
sewer service from the District shall be subject to the provisions of this Order and shall be charged
the rates established in this Order. No reduced rate or free service shall be furnished to any
customer whether such user be a charitable or eleemosynary institution, a political subdivision,
or municipal corporation; provided, however, this provision shall not prohibit the District from
establishing reasonable classifications of customers.
ARTICLE III
SERVICE POLICY
Section 3.01.Security Deposits. Security deposits shall be required as follows:
A. Builder’s Deposit. A seventy-five dollar ($75.00) security deposit shall be
required of builders for each tap made by the District for such service connection,
payable at or prior to the time that such tap is made, and the security deposit is
refundable to the builder when the account is later transferred to an owner if that
account and all other accounts of the builder are current at the time of the transfer;
but, if that account or any other account of the same builder is not current at the time
of such transfer to an owner, then the security deposit shall be applied against the
outstanding balance of the builder’s account(s) at the time of such transfer. The
District shall deduct from the deposit the cost to repair any damage caused to the
District’s property by the builder or the builder’s employees, contractors,
subcontractors or agents and shall deduct any delinquent water and sewer service
bills of the builder. In the event any amounts are deducted from the builder’s deposit,
it will be incumbent on the builder to reinstate the original amount of the deposit, and
failure to do so will result in the suspension of any additional water taps for the builder.
B. Residential Owners. A security deposit of seventy-five ($75.00) shall be
required from each residential owner customer for a single-family home connected to
the District’s system. Upon discontinuation of service, the deposit shall be applied
against amounts due, including disconnection fees.
C. Commercial Deposits
COMMERCIAL
DEPOSITSMETER SIZE WATER SEWER
¾”$75 $60
1”$100 $100
1.5”$250 $200
2”$500 $320
3”$1,000 $700
4”$1,800 $1,200
6”$3,750 $2,500
8”$5,400 $3,600
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D. Residential Lessees. A security deposit of one-hundred-fifty dollars
($150.00) shall be required from each residential lessee customer for a single-family
home. Upon discontinuation of service, the deposit shall be applied against amounts
due, including any disconnection fees.
E. Construction Meters. See Section 1.06 above.
F. Other customers. A security deposit equal to two (2) months estimated
average monthly water and sewer bill shall be required of all other customers
including commercial and multi-unit accounts.
G. Deposits. The District does not pay interest on deposits. The interest drawn
by the District on customer deposits is returned into the operating budget of the
water/sewer fund to help in providing the lowest possible water and sewer rates for
our customers.
Section 3.02. Billing Procedures. All accounts shall be billed in accordance with the
following:
A. Due Date and Delinquency. Charges for water and sewer service shall be
billed monthly. Payment shall be due on or before the twentieth (20th) day of the month
in the month in which the bill was received. Unless payment is received on or before
the twentieth (20th) day of the month, such account shall be considered delinquent. If
the due date falls on a holiday or weekend, the due date for payment purposes shall
be the next working day after the due date. The District shall charge a penalty on past
due accounts calculated at the rate of fifteen percent (15%) per month on water and
sewer charges. The rates for water and sewer service shall depend upon the type of
user and upon whether the water used has been chemically treated, as provided in
this Rate Order. All accounts not paid by the due date shall be deemed delinquent
and failure to make payment thereafter may result in the termination of water and
sewer service.
B. Notice and Appeal. Prior to termination of service, a customer who is
delinquent in payment shall be sent a notice that service will be discontinued on or
after the fifteenth (15th) day after the date of such notice unless payment in full is
received before by such day disconnection is scheduled. Notice shall be sent by first
class United States mail and shall inform the customer of the amount of the delinquent
bill, the date service will be disconnected if payment is not made, and of the
customer’s right to contest, explain, or correct the charges, services, or
disconnection. Service shall not be disconnected where a customer has informed the
District of his or her desire to contest or explain the bill. If the customer appears before
37
the Board, the Board shall hear and consider the matter and inform the customer of
the Board’s determination by sending written notice to the customer by first class
United States mail stating whether or not service will be disconnected. In the event
of a service is disconnected more than two (2) times per calendar year (January
through December) for non-payment, an additional Security Deposit of $150.00 will
be required for Residential homeowners and $150.00 for Lessees to restore service
in addition to a $50.00 service fee, and afterhours re-connection charges if applicable,
and any outstanding balance in Arrears will need to be brought current. As set out
above in Section 3.01. If payment is not received prior to the date that disconnection
has been scheduled, a service charge of $50.00 dollars will be added to the account.
Reconnections made outside of the District’s normal business hours at the customer’s
request will be charged at an additional after hour’s fee of one-hundred dollars
($100.00).
C. Business Hours. For purposes of assessing the foregoing charges, “normal”
or “regular” business hours shall mean only the hours between 8 a.m. and 5 p.m.,
Monday through Friday. All other times, including District holidays, are outside of the
District’s normal business hours and will result in the higher charge.
D. Returned Checks and Bank Drafts. A twenty-five-dollar ($25.00) charge will
be charged to the customer’s account for any check or ACH bank draft returned by
the bank. Any amounts due on an account which have been paid with a check or ACH
bank draft that has been returned by the bank must be paid in full by cash, cashier’s
check or money order, including all late charges and returned check charges, within
ten (10) days from the day the District mails notice to the customer or otherwise
notifies the customer that the check or ACH bank draft has been returned by the bank.
E. Same-Day Service. An additional charge of twenty-five dollars ($25.00) shall
be made when a customer requests same-day service. As an example, this charge
will be implemented upon request by a customer for same-day service to start or
terminate water and sewer service or to perform re-reads the same day as requested.
F. Accuracy Reading Fee. A meter accuracy reading fee in the amount of
twenty-five dollars ($25.00) shall be charged to a customer by the District for each
meter accuracy reading made by the District for such customer when the original
reading appears to be accurate. If the original meter reading appears to be in error,
no fee will be charged. Each customer will be allowed one accuracy meter reading
per calendar year at no charge. **Should a customer request that a meter be
removed, and bench tested by an outside source, then a fee of one-hundred-twenty-
five dollars ($125.00) will be charged to the customer. If the meter fails to meet
American Water Works Association standards for in-service meters, then the
customer will be given a credit offsetting the amount of the charge.
https://www.awwa.org/publications/journal-awwa/abstract/articleid/34055179.aspx
38
G. Meter Data Logging Fee. Each customer will be allowed one data log at no-
cost per fiscal year. A fee of twenty-five dollars ($25.00) shall be charged to a
customer by the District for each meter data logging service performed thereafter.
Meter data logging service can only be provided during regular business hours.
Section 3.03. Entitlement. Water and sewer service shall be provided to customers in
accordance with all TCEQ rules covering minimum water and sewer standards.
Section 3.04.Unauthorized and Extraordinary Waste. The rates established herein
are applicable for Domestic Waste as defined herein. Customers proposing to generate other
types of waste will be assessed additional charges as established by the District.
Section 3.05. Damage to District Facilities.
A. Damage to Meter and Appurtenances. No person other than a duly
authorized agent of the District shall tamper with or in any way interfere with a meter,
meter box, service line or other water and/or sewer system appurtenance. The District
reserves the right, immediately and without notice, to remove the meter or disconnect
water service to any customer whose meter has been tampered with and to assess
repair charges to the customer, plus a damage fee not to exceed five-thousand
dollars ($5,000.00), plus any applicable charge for same day service. The District also
reserves the right to file civil and/or criminal charges against any person or entity
tampering with the District’s public water system and/or sewer system.
B. Repair. It is the responsibility of the customer to maintain and repair the
water service line from the point of connection to the District’s water meter. The
District reserves the right to repair any damage to the District’s System and
appurtenances without prior notice and to assess against any customer such
penalties as are provided by law and such penalties provided for in this Rate Order
in addition to those charges necessary to repair the portion of the System so
damaged.
C. Video. If at any time a resident/customer wishes to have the District video
their sewer line to help the resident determine the condition of their sewer line, the
fee will be one-hundred-fifty dollars ($150.00) payable to the District assessed on the
next month’s bill.
Section 3.06. Easements. Before service is established to any customer, the person
requesting such service shall grant an easement of ingress and egress to and from the meter(s)
for such maintenance and repair as the District, in its judgment, may deem necessary.
Section 3.07.Required Service. No service will be provided by the District unless the
customer agrees to receive both water and sewer service, except that permanent irrigation only
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meters may receive water service only. Irrigation meters cannot be connected to any building
plumbing.
Section 3.08. Additional Charges. In all cases where services are performed, and
equipment or supplies are furnished to a party or entity not within the District, the charge to said
party or entity shall be the District’s cost of providing such services, equipment and/or supplies,
plus fifteen percent (15%). This shall not apply to services, equipment and/or supplies furnished
by the District under an existing Interlocal Agreement.
ARTICLE IV
INDUSTRIAL WASTE
Section 4.01. Industrial Waste Policy. The following policy regarding industrial waste
shall be effective:
A. Definition. “Industrial waste” shall mean the water-borne solids, liquids, and/or
gaseous wastes (including Cooling Water), resulting from any industrial,
manufacturing, trade, business, commercial, or food processing operation or process,
or from the development of any natural resource, or any mixture of such solids,
liquids, or wastes with water or domestic sewage. The Clean Water Act of 1977, as
amended, and the General Pretreatment Regulations contained in 40 C.F.R. 403
contain the requirements for user’s discharge of industrial waste into wastewater
facilities.
B. Industrial Waste Discharge, Charges, and Rates. If any customer of the
District’s sanitary sewer system proposes to discharge industrial waste into such
system, the Board of Directors of the District shall request the recommendation of the
District Engineer and shall establish rates and charges to provide for an equitable
assessment of costs whereby such rates and charges for discharges of industrial
waste correspond to the cost of waste treatment, taking into account the volume and
strength of the industrial, domestic, commercial waste, and all other waste discharges
treated and techniques of the treatment required. Such rates shall be an equitable
system of cost recovery which is sufficient to produce revenues, in proportion to the
percentage of industrial wastes proportionately relative to the total waste load to be
treated by the District for the operation and maintenance of the treatment works, for
the amortization of the District’s indebtedness for the cost as may be necessary to
assure adequate waste treatment on a continuing basis.
C. Pretreatment. The Board of Directors of the District shall rely upon the
recommendation of the District Engineer and shall require pretreatment of any
industrial waste that would otherwise be detrimental to the treatment works or to its
proper and efficient operation and maintenance or will otherwise prevent the entry of
such industrial waste into the treatment plant.
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ARTICLE V
ENFORCEMENT/CIVIL PENALTIES
Section 5.01. Enforcement.
A. Civil Penalties. The Board hereby imposes the following civil penalties for
breach of any rule of the District: The violator shall pay the District twice the costs the
District has sustained due to the violation up to ten-thousand dollars ($10,000.00). A
penalty under this Section is in addition to any other penalty provided by the laws of
this State and may be enforced by complaints filed in the appropriate court of
jurisdiction in the county in which the District’s principal office or meeting place is
located. If the District prevails in any suit to enforce its rules, it may, in the same
action, recover any reasonable fees for attorneys, expert witnesses, and other costs
incurred by the District before the court. The court shall fix the amount of the
attorneys’ fees.
B. Liability for Costs. Any person violating any of the provisions of this Order
and/or the rules and regulations governing water and sanitary sewer facilities, service
lines, and connections shall become liable to the District for any expense, loss or
damage occasioned by the District by reason of such violation, and enforcement
thereof shall be in accordance with Paragraph A of Section 5.01 of this Order.
Section 5.02. Non-waiver. The failure on the part of the District to enforce any section,
clause, sentence, or provision of this Order shall not constitute a waiver of the right of the District
later to enforce any section, clause, sentence, or provision of this Order.
Section 5.03. Appeal. Any determination by the District of any dispute regarding the
terms and provisions of this order may be appealed to the Board of Directors of the District, which
shall conduct a hearing on the matter. The District shall provide the customer with information
regarding appeals and hearing procedures upon the customer’s request.
ARTICLE VI
MISCELLANEOUS
Section 6.01. Amendments. The Board of the District has and specifically reserves the
right to change, alter or amend any rate or provision of this Order at any time.
Section 6.02. Severability. The provisions of this Order are severable, and if any
provision or part of this Order or the application thereof to any person or circumstance shall ever
be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the
remainder of this Order and application of such provision or part of this Order shall not be affected
thereby.
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ARTICLE VII
REPEAL OF PREVIOUS ORDERS
This Rate Order shall be known as the “2021-0920A Rate Order” (Order No. 2021-0920A ) of the
District. All previous Orders adopted by the Board of Directors pertaining to the subject matter
hereof are each hereby repealed in their entirety as of the effective date hereof.
ARTICLE VIII
EFFECTIVE DATE
This Order shall be effective on October 1, 2021.
ARTICLE IX
PUBLIC MEETING
It is hereby found that the meeting at which this Order is adopted is open to the public as required
by law, and that public notice of the time, place, and subject matter of said meeting and of the
proposed adoption of this Order was given as required by law.
ADOPTED AND APPROVED this 20th day of September 2021.
_________________________________
Steve Flynn, President
Board of Directors
_________________________________ (SEAL)
Kelly Castonguay, Secretary/Treasurer
Board of Directors
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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
Re: Case PP-21-005
Town Council Meeting, September 27, 2021
Agenda Item:
Case PP-21-005 (The Hawthorn Estates at Trophy Club)
A. Consider and take appropriate action regarding a request for a preliminary plat for lots 1-10, Block
A, The Hawthorn Estates at Trophy Club, consisting of 3.692 acres out of the Richard W. Allen
Survey, Abstract no. 5, and the John R. Michael Survey, Abstract no. 820, located south of Kent
Street between Trophy Club Drive and Mona Vale Road, Trophy Club, Texas.
Strategic Link:
Infrastructure & Development – Foster a business-friendly environment.
Background and Explanation:
The subject property was formerly used as a gas well site. The property owner is requesting to develop
the property as nine residential lots and one common/open space lot with a public cul-de-sac street
serving each lot.
The proposed preliminary plat is located in the R-12 zoning district which requires a minimum lot size of
12,000 square feet, minimum 25 foot front and rear setbacks, and 10 foot side setbacks unless the
property is adjacent to a street, in which case a 20 foot side setback is required. This requirement applies
to lots 1 and 9. Lots are required to be 90 feet wide (110 feet when adjacent to a side street) and 110 feet
deep (100 feet for a cul-de-sac lot).
A minimum six foot high masonry screening wall will be required along any lots with side or rear yards
that are contiguous to a primary collector right of way, including Kent Street and Trophy Club drive. An
HOA X lot is shown between Lot 9 and the future extension of Trophy Club Drive.
A homeowner’s association (HOA) will be created with the filing of the final plat that will maintain any
common elements. At that time, the subdivider will also be required to dedicate fee-in-lieu of parkland.
The plugged gas well heads are located beneath the proposed access road. The Texas Railroad Commission
has jurisdiction over the capping of former wellheads.
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Page 2 of 2
The applicant submitted preliminary engineering plans depicting proposed drainage from the lots to the
public right-of-way or drainage easements. The site drains to property currently owned by the Town of
Trophy Club. The proposed stormwater outfall will require an easement dedicated by separate instrument
and shown on the final plat. The property is proposed to be served by 8” sanitary sewer and 8” water
mains with a fire hydrant in front of lot 4 at the end of the cul-de-sac. Full civil plans will be required with
the final plat.
The applicant is responsible for verifying that the location of the capped wells is not within the buildable
area of any lot. The Town will not issue a building permit for a building that sits above a capped well, per
Texas Railroad Commission regulations and Town ordinance.
Financial Considerations:
Not applicable.
Legal Review:
This item has been reviewed by the Town Attorney.
Staff Recommendation:
Staff recommends approval of the preliminary plat.
P&Z Recommendation
The Planning and Zoning Commission voted unanimously to recommend approval of the plat.
Attachments:
Exhibit A – Preliminary Plat
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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
Re: Case PP-21-006
Town Council Meeting, September 27, 2021
Agenda Item:
Case PP-21-006 (The Maple Estates at Trophy Club)
A. Consider and take appropriate action regarding a request for a preliminary plat for lots 1-4, Block
A, The Maple Estates at Trophy Club, consisting of 1.821 acres out of the Thomas J. Allen Survey,
Abstract no. 7, located north of Milsons Point Drive, Trophy Club, Texas.
Strategic Link:
Infrastructure & Development – Foster a business-friendly environment.
Background and Explanation:
The subject property was formerly used as a gas well site. The property owner is requesting to develop
the property as four residential lots with a public cul-de-sac street serving each lot.
The proposed preliminary plat is located in the R-15 zoning district which requires a minimum lot size of
15,000 square feet, minimum 30 foot front and 25 foot rear setbacks, and 12.5 foot side setbacks unless
the property is adjacent to a street, in which case a 20 foot side setback is required. The side setback for
one side yard may be reduced to 7.5 feet if the distance between buildings and structure on contiguous
lots remains a minimum of 25 feet. Lots are required to be 90 feet wide (110 feet when adjacent to a side
street) and 120 feet deep (100 feet for a cul-de-sac lot).
A homeowner’s association (HOA) will be created with the filing of the final plat that will maintain any
common elements. At that time, the subdivider will also be required to dedicate fee-in-lieu of parkland.
The applicant submitted preliminary engineering plans depicting proposed drainage from the lots to the
public right-of-way or drainage easements. The site drains to property currently owned by the Town of
Trophy Club. The proposed stormwater outfall will require an easement dedicated by separate instrument
and shown on the final plat. The property is proposed to be served by 8” sanitary sewer and 8” water
mains with a fire hydrant in front of lot 2 at the end of the cul-de-sac. Full civil plans will be required with
the final plat.
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Page 2 of 2
The applicant is responsible for verifying that the location of the capped wells is not within the buildable
area of any lot. The Town will not issue a building permit for a building that sits above a capped well, per
Texas Railroad Commission regulations.
Financial Considerations:
Not applicable.
Legal Review:
This item has been reviewed by the Town Attorney.
Staff Recommendation:
Staff recommends approval of the preliminary plat.
P&Z Recommendation:
The Planning and Zoning Commission voted unanimously to recommend approval of the plat.
Attachments:
Exhibit A – Preliminary Plat
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Page 1 of 2
To: Mayor and Town Council
From: Wade L. Carroll, Town Manager
CC: Leticia Vacek, Town Secretary
Re: ILA with City of Roanoke for the administration of Municipal Court Services
Date: Town Council Meeting September 27, 2021
Agenda Item:
Take appropriate action approving an Interlocal Agreement with the City of Roanoke for the
administration of Municipal Court Services. (W. Carroll)
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
Staff is requesting that the City of Roanoke assume all Municipal Court activities through an ILA
at a negotiated cost of 50% of all court revenues after paying State fines/fees. For the past
several years the Trophy Club Municipal Court has been losing approximately $60,000 per year.
Moving these services to the City of Roanoke will benefit the Town of Trophy Club in multiple
areas. First, we expect to see revenues of $30,000 per year in lieu of the losses in recent years.
The City of Roanoke will provide all services designated as Municipal Court including all necessary
reporting to the State of Texas. Prosecution Attorney and Court Bailiff for bench trials will be
paid for by the City of Roanoke from the revenues that they will retain for court services.
Roanoke will also be reporting warrants regionally and sending all non-payment cases to
collections possibly resulting in higher than estimated revenues for Trophy Club. This reporting
was not done in the past and currently the Town of Trophy Club has $407,646 in outstanding
warrants and citations. Trophy Club will retain Judge Eric Ransleben as our Judge Magistrate and
the Roanoke Judges will be appointed as alternate Judges. Judge Ransleben’s term does not end
until January of 2023 and he lives in Town allowing PD to acquire warrants after hours and in
person.
Financial Considerations:
If citations and fines remain at a comparable rate as in recent years then we should see revenues
of $30,000 annually by moving to an interlocal agreement with the City of Roanoke. The Town
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Page 2 of 2
will pay to have Roanoke Court Clerks trained on our software not to exceed $7000 and we have
agreed to aid in paying to retrofit their court window area to allow for a new window specifically
for Trophy Club patrons not to exceed $10,000. Roanoke will be pursuing payment of
outstanding warrants and citations. We currently have $407,646 in outstanding warrants and
citation that could be collected.
Legal Review:
Both the Town Attorney and the City of Roanoke’s City Manager and City Attorney have approved
the Agreement. The agreement will go before their council on September 28th.
Board/Commission/ or Committee Recommendation:
Not applicable
Staff Recommendation:
Staff recommends approval of the Interlocal Agreement (ILA) with the Town of Trophy Club and
the City of Roanoke for Municipal Court Administrative Services.
Attachments:
• Interlocal Agreement for Municipal Court Administrative Services
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INTERLOCAL AGREEMENT
FOR THE ADMINISTRATION OF MUNICIPAL COURT SERVICES
FOR THE TOWN OF TROPHY CLUB, TEXAS BY THE CITY OF ROANOKE, TEXAS
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
This INTERLOCAL AGREEMENT (hereinafter referred to as the “Agreement”), is
made and entered into by the CITY OF ROANOKE, TEXAS, a Texas home-rule municipality
(hereinafter referred to as “Roanoke”) and the TOWN OF TROPHY CLUB, TEXAS, a Texas
home-rule municipality (hereinafter referred to as “Trophy Club”), and each acting by and through
its duly appointed and authorized Mayors.
WHEREAS, pursuant to the authority granted under Chapter 791 of the Texas Local
Government Code; and
WHEREAS, the municipalities of Roanoke and Trophy Club recognize the joint benefits
of Roanoke administering the court systems for both municipalities; and
WHEREAS, Trophy Club is desirous of Roanoke administering their municipal court
activities to provide a more effective and efficient delivery of this key public service; and
WHEREAS, Roanoke has the facilities available to perform the municipal court services
for both cities; and
WHEREAS, all payments for municipal court services to be made hereunder shall be
made from current revenues available to the paying party; and
WHEREAS, Roanoke and Trophy Club have concluded that this Agreement fairly
compensates the performing party for the municipal court services being provided hereunder; and
WHEREAS, Roanoke and Trophy Club believe that this Agreement is in the best interests
of Roanoke and Trophy Club; and
WHEREAS, this Agreement is approved by the governing bodies of Roanoke and Trophy
Club; and
WHEREAS, this Agreement is authorized by and in conformance with Chapter 791 of the
Texas Government Code, the Interlocal Cooperation Act (the “Act”).
NOW, THEREFORE, for and in consideration of the agreements contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Roanoke and Trophy Club agree as follows:
SECTION 1. RECITALS.
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The foregoing recitals are hereby incorporated into the body of this Agreement and shall be
considered part of the mutual covenants, consideration and promises that bind the Parties.
SECTION 2. TERM.
A. This Agreement shall be effective as of the Effective Date, as defined herein, and shall
continue thereafter until January 30, 2023, unless terminated sooner under the
provisions hereof.
B. This Agreement may be terminated by either party with ninety (90) days advance written
notice to the other party.
SECTION 3. AFFIRMATIVE OBLIGATIONS AND SCOPE OF SERVICES.
A. Roanoke hereby agrees to provide Trophy Club the following equipment, services,
personnel and facilities:
a. Commencing October 1, 2021, at 12:01 a.m., Roanoke will provide municipal court
administration services at the Roanoke municipal court facilities. The Municipal
Judge, appointed by Roanoke, will also be appointed as an associate judge for the
Town of Trophy Club (as described in Exhibit A) and the Municipal Judge will
establish the policies and procedures for municipal court proceedings. Roanoke
will provide the necessary facilities, security, administrative oversight, financial
management, general court staffing and other employees to properly supervise and
operate the combined municipal court facility. Municipal court services shall
include at a minimum, but not necessarily be limited to, the following:
i. Filing and prosecution of Class C misdemeanor criminal laws and
ordinance violations which occur in Trophy Club and which are
subsequently filed with the Roanoke Court clerk including the
interpretation, application and enforcement of Trophy Club ordinances and
state law, as well as the adjudication of all matters both civil and criminal
that may be within the jurisdiction of municipal courts of the State of Texas;
ii. Maintenance of all citations and other applicable records related to citations
issued in Trophy Club and filed with the Roanoke Court clerk;
iii. Completion of reports on convictions and submission to the State of Texas
or other reports as required or agreed upon;
iv. Informing all defendants of citations issued in Trophy Club of their legal
options under the laws of the State of Texas;
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v. Providing Municipal Court judicial services including trials, property
hearings, arraignments, warrant issuance, juror notification, setting of
bonds, other judicial proceedings and magistrate services;
vi. Providing financial reports to Trophy Club and other reports as required by
external audit firms as required by Generally Accepted Accounting
Principles (GAAP) to be used by Trophy Club for compliance with GAAP;
and
vii. Maintaining a service level to Trophy Club that complies with all applicable
standards for the court functions as required presently and in the future by
applicable law.
b. All Human Resource services necessary for the recruitment, screening,
employment, and training of all personnel required to provide municipal court
services for Roanoke and Trophy Club, including providing all employee policies
and procedures and the administration thereof shall be provided by Roanoke.
c. Roanoke shall prepare and administer reports as shown on Exhibit B.
d. Roanoke shall contract for and pay directly to the contractor all costs associated
with prosecution services for Roanoke and Trophy Club related court actions.
e. Roanoke will oversee all court personnel and handle all court accounting.
f. Roanoke shall have sole discretion to choose all platforms, software, or vendors
related to the processing and administration of Trophy Club citations.
g. In the event that the municipal court facilities located at Roanoke are damaged due
to a natural or a manmade disaster and is unusable, Roanoke will have a
contingency plan to continue to provide the services under this Agreement at
another facility within Denton County.
B. Trophy Club shall provide, or cause to be provided to Roanoke municipal court staff, full
access to Trophy Club’s municipal court Incode software, or any other software utilized in
the Trophy Club municipal court;
C. Trophy Club shall comply with any notification requirements to be included with citations
issued by the Trophy Club police department, fire department, code enforcement or other
designated city official authorized to issue citations;
D. Trophy Club shall, upon request, provide to the Roanoke municipal court staff, including
the prosecutor and/or Judge, any backup documentation, including photographs, police
reports, call sheets or officer notes, in order to assist in the filing, prosecution and
resolution of Trophy Club citations filed with the Roanoke municipal court;
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E. Trophy Club shall provide, or cause to be provided to Roanoke municipal court staff,
access to Trophy Club’s utility customers or other lists or databases of Trophy Club
residents in order summons citizens of Trophy Club to serve on jury trials for offenses
occurring in the Trophy Club geographic area.
SECTION 4. FUNDING OBLIGATIONS.
A. Trophy Club agrees to pay or cause to be paid to Roanoke or allow Roanoke to retain
fifty percent (50%) of all court revenues collected after state fines and fees are paid to
the State of Texas, including any prior or outstanding warrants and court costs and fees
collected from the combined municipal court services on cases originated in Trophy
Club. Such funding constitutes consideration for this Agreement.
B. Roanoke shall contract for and pay directly to the contractor all costs associated with
prosecution services for Trophy Club related court actions.
C. Trophy Club will pay a one-time equipment and re-configuration costs up to but not to
exceed $10,000 for additional court security and court technology upgrades to the
Roanoke Municipal court to prepare the facility for additional court volume.
D. Trophy Club will pay, directly to Tyler Technology, all costs associated with the
training and implementation of the INCODE 10 software by Roanoke personnel up to
but not to exceed $7,000.
E. Roanoke Municipal Court may request annually, during the budget process, the use of
Trophy Club’s court technology and building security funds for upgrades to the
Roanoke Municipal Court. These requests must be presented, reviewed, and approved
by both the governing bodies of Trophy Club and Roanoke.
SECTION 5. CANCELLATION.
A. Trophy Club and Roanoke shall have the right to terminate, based on the provisions of this
Agreement, if the other party breaches any of its terms or fails to perform any of the
obligations it imposes, and then fails to cure the breach or failure within thirty (30) days
following written notice from the other party. If the Agreement is terminated under this
paragraph, Roanoke shall be entitled to retain money already received prorated to the
period from the last payment until the date of termination, and shall refund the remainder
to Trophy Club.
B. After the initial term of this Agreement, all parties shall have the right to terminate this
Agreement by giving written notice at least six (6) months prior to October 1st of the year
in which notice is given. All payments by Trophy Club to Roanoke shall continue until the
cancellation date or as mutually agreed to by both parties.
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SECTION 6. MISCELLANEOUS PROVISIONS.
The following miscellaneous provisions are a part of this Agreement:
A.Amendments. This Agreement constitutes the entire understanding and agreement of the
Parties as to the matters set forth in this Agreement. No alteration of or amendment to this
Agreement shall be effective unless given in writing and signed by the Party or Parties
sought to be charged or bound by the alteration or amendment.
B.Annual Review. Annually, at the time the cost for municipal court services are re-
calculated, this Agreement will be reviewed by both parties for needed clarification and or
revisions. This Agreement may only be modified, changed or altered at any time, upon
mutual agreement of parties, provided that any such modification, change and/or alteration
be reduced to writing, and approved by the governing bodies of Roanoke and Trophy Club.
C.Applicable Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas, and all obligations of the Parties created
hereunder are performable in Denton County, Texas. Venue for any action arising under
this Agreement shall lie in the state district courts of Denton County, Texas.
D.Approval; Effective Date. This Agreement has been approved by the governing bodies
of Roanoke and Trophy Club, respectively. The execution of this Agreement has been
authorized by an act of the governing bodies of Roanoke and Trophy Club at a duly called
and posted meeting. This Agreement shall become effective at 12:01 a.m. on October 1,
2021 (the "Effective Date").
E.Assignment. This Agreement may not be assigned without the express written consent of
the other Parties.
F.Binding Obligation. This Agreement shall become a binding obligation on the signatories
upon execution by all signatories hereto. Roanoke warrants and represents that the
individual executing this Agreement on behalf of Roanoke has full authority to execute
this Agreement and bind Roanoke to the same. Trophy Club warrants and represents that
the individual executing this Agreement on Trophy Club’s behalf has full authority to
execute this Agreement and bind it to the same.
G.Caption Headings. Caption headings in this Agreement are for convenience purposes only and
are not to be used to interpret or define the provisions of this Agreement.
H.Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original and all of which shall constitute one and the same
document.
I.Independent Contractor. All parties mutually agree that Roanoke is an independent
contractor, and shall have exclusive control of performance hereunder, and that employees
of Roanoke in no way are to be considered employees of Trophy Club. The employment
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rights of Roanoke personnel assigned under this Agreement will not be abridged.
J.No Third-Party Beneficiaries. The terms and provisions of this Agreement are for the
benefit of the parties hereto and not for the benefit of any third party. It is the express
intention of Roanoke and Trophy Club that any entity other than Roanoke or Trophy Club
receiving services or benefits under this Agreement shall be deemed an incidental
beneficiary only. This Agreement is intended only to set forth the contractual right and
responsibilities of the parties to this Agreement.
K.No Waiver of Immunity. It is expressly understood and agreed that, in the execution of
this Agreement, Trophy Club and Roanoke do not waive, nor shall be deemed hereby to
waive any immunity or defense that would otherwise be available to or against claims
arising in the exercise of governmental functions relating hereto or otherwise.
L.Notices. Any notice or other communication required or permitted by this Agreement
(hereinafter referred to as the “Notice”) is effective when in writing and (i) personally
delivered either by facsimile (with electronic information and a mailed copy to follow)
or by hand or (ii) three (3) days after notice is deposited with the U.S. Postal Service,
postage prepaid, certified with return receipt requested, and addressed as follows:
If to the Roanoke: City of Roanoke, Texas
500 S. Oak Street
Roanoke, Texas 76262
Attn: Scott Campbell, City Manager
Phone Number: (817) 491-2411
If to Trophy Club: Town of Trophy Club, Texas
1 Trophy Wood Drive
Trophy Club, Texas 76262
Attn: Wade Carroll, Town Manager
Phone Number: (682) 237-2900
M.Severability. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court
of competent jurisdiction to be contrary to law or contrary to any rule or regulation have
the force and effect of the law, the remaining portions of this Agreement shall be enforced
as if the invalid provision had never been included.
N.Time is of the Essence. Time is of the essence in the performance of this Agreement.
[The Remainder of this Page Intentionally Left Blank]
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ROANOKE:
CITY OF ROANOKE, TEXAS,
A Texas home-rule municipality
By:
Carl E. Gierisch, Jr., Mayor
Date Signed:
ATTEST:
April S. Hill, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
TROPHY CLUB:
TOWN OF TROPHY CLUB, TEXAS,
A Texas home-rule municipality
By:
Alicia L. Fleury, Mayor
Date Signed:
ATTEST:
Leticia Vacek, Town Secretary
APPROVED AS TO FORM:
J. David Dodd, City Attorney
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Exhibit A
Roanoke and Trophy Club recognize that the administration of Trophy Club cases in the
Roanoke Municipal Court will operate most efficiently with the appointment of a single Municipal
Court Judge. The current Presiding Judge for Roanoke will serve as the presiding judge for the
Roanoke Municipal Court and will be appointed as an associate judge to preside over Trophy Club
cases. The Trophy Club presiding Judge shall not have any duties, obligations or responsibilities
with regard to the cases filed in the Roanoke Municipal Court.
Upon appointment, the Municipal Court Judge will be responsible for all judicial services
for the cases filed in the Roanoke Municipal court, including but not limited to the following:
establishment of all court policies and judicial orders relating to the filing, processing and
resolution of all cases, adjudication of all cases, plea dockets, trial dockets (both before the court
and jury trials), property hearings, arraignments, emergency protective order hearings, dangerous
dog hearings, Class C warrant issuance), juror notification, setting of bonds, other judicial
proceedings and magistrate services. Trophy Club shall appoint the current presiding judge of the
Roanoke Municipal Court as an associate judge for Trophy Club Municipal Court. In addition,
Trophy Club shall appoint the two (2) current associate judges of the Roanoke Municipal Court
as associate judges for Trophy Club Municipal Court to serve in the event of a conflict of interest
or unexpected unavailability of the Roanoke Presiding Judge. All judicial services pursuant to
this Agreement shall be provided at the Roanoke facilities and by a Roanoke-appointed judge.
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Exhibit B
[Reports]
Reporting -
Roanoke will prepare the following reports and submit for Trophy Club the following State of
Texas Reports:
Official Municipal Court Monthly Report (monthly)
State Criminal Costs and Fees (quarterly)
Child Safety Violation — for cases pending prior to 9-28-11(annual when applicable)
DR18 — Notice of Final Conviction (weekly)
DIC15 — Notice of Conviction or Suspension/Disqualification (weekly when applicable)
DIC21 — Notice of Suspension Violation of License (monthly when applicable)
Nonresident Violator Compact (when necessary) Racial Profiling (as requested)
And all other reports required by legislative changes at the mandated frequency level
Other reports:
Collection agency fee distribution list (monthly)
And all other reports requested by Trophy Club for outside service provider
Financial reports for Trophy Club
Financial reports necessary to facilitate appropriate recording of fine and forfeiture revenue, cash
bonds posted, state tax liability
And any other reports deemed necessary by Trophy Club to facilitate financial reporting.
Other reports for Trophy Club
Reports available through court and/or financial software to respond to Trophy Club open
records requests.
Trophy Club will cooperate with Roanoke in providing any past information necessary for
state reporting requirements for all reports prior to October 1, 2021.
61
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2021-21
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
PROVIDING FOR THE APPOINTMENT OF THREE (3) ALTERNATE
MUNICIPAL COURT JUDGES WITH TWO (2) YEAR TERMS EACH,
EXPIRING ON OCTOBER 1, 2023; FINDING THAT THE PERSONS
IDENTIFIED HEREIN TO SERVE MEET THE REQUIREMENTS FOR
SERVICE AS A MUNICIPAL COURT JUDGE PURSUANT TO STATE
LAW AND THE CHARTER OF THE TOWN OF TROPHY CLUB; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town’s Home Rule Charter provides for Town Council
appointment of one or more persons to serve as Municipal Court Judges for the Trophy
Club Municipal Court of Record No. 1; and
WHEREAS, Section 7.02.031 of the Town’s Code of Ordinances provides that the
Town Council may, at its discretion, appoint one or more Alternate Judges. The Alternate
Judges shall be appointed for terms of two (2) years each and shall have the authority
provided by state law; and
WHEREAS, the Town Council has been presented with the names of three (3)
individuals who possess the requirements specified by state law and in Section 4.11 of
the Town’s Charter to serve as Judges for the Trophy Club Municipal Court of Record No.
1; and
WHEREAS, each of the individuals hereby appointed are residents of this state,
citizens of the United States, licensed attorneys in good standing, licensed to practice in
the State of Texas and have two (2) or more years of experience in practicing law in this
state.
NOW, THEREFORE, BE IT ORDAINED BY THE TROPHY CLUB TOWN
COUNCIL:
Section 1. Incorporation of Premises. That the above and foregoing premises are
true and correct and are incorporated herein and made a part hereof for all purposes.
Section 2. Appointment of Judges and Term of Office. The Town Council hereby
finds that the following persons possess all qualifications necessary to serve as Judges
of the Trophy Club Municipal Court and the Town Council hereby appoints such persons
to serve as Judges of the Trophy Club Municipal Court of Record No. 1 in the capacity as
set forth below for the period of two (2) years, with such term expiring on October 1, 2023:
Alternate Judge Greg Bertrand
Alternate Judge Alison J. Grant
Alternate Judge Gilland Chenault
62
ORD 2021-21 Page 2 of 2
Section 3. Effective Date. That this Ordinance shall become effective from and after
its date of passage in accordance with the law.
PASSED AND APPROVED by the Trophy Club Town Council this 27th day of
September, 2021.
Alicia L. Fleury, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Leticia Vacek, Town Governance Officer/
Town Secretary
APPROVED TO AS FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
63
Page 1 of 1
To: Mayor and Town Council
From: Matt Cox, Director of Community Development
CC: Wade Carroll, Town Manager
Leticia Vacek, Town Secretary
Re: Professional Services Agreement
Date: Town Council Meeting, September 27, 2021
Agenda Item:
Take appropriate action to approve a Professional Service Agreement with Freese and Nichols,
Inc for on-call planning services for the Town, for a fee not to exceed Forty Thousand dollars,
$40,000.00.
Background and Explanation:
The Town of Trophy Club is contracting with Freese and Nichols, Inc. to provide professional
planning services on an as-needed basis in lieu of full-time Town planning staff. Under the
proposed contract, Freese and Nichols will provide at least one staff person in an on-call basis
to review and make comments on development applications, attend meetings in person or
online, write reports and memos, and advise Town staff on development-related matters.
Financial Considerations:
The contract is expected to provide for one year of development-related services to the Town.
Additional charges would not accrue unless the contract is subsequently renewed by the Town
for an additional specified amount. Because the contract is for as-needed services, the Town
can terminate services at any time in writing and would only be liable for charges related to
work that has already been done by Freese and Nichols.
Legal Review:
This contract has been reviewed by the Town Manager and Town Attorney.
Attachments:
Professional Services Agreement
64
Rev. 4/19
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This Agreement is entered into by Town of Trophy Club, TX, hereinafter called “Client ” and Freese and Nichols,
Inc., hereinafter called “FNI.” In consideration of the Agreements herein, the parties agree as follows:
I. EMPLOYMENT OF FNI: In accordance with the terms of this Agreement, Client agrees to employ and
compensate FNI to perform professional services in connection with the Project. The Project is described
as Town of Trophy Club On-Call Planning Services.
II. SCOPE OF SERVICES: FNI shall render professional services in connection with Project as set forth in
Attachment SC – Scope of Services and Responsibilities of Client which is attached to and made a part of
this Agreement.
III. COMPENSATION: FNI shall perform professional services as outlined in the “Scope of Services” for a fee
not to exceed Forty Thousand dollars, $40,000.00
If FNI’s services are delayed or suspended by Client, or if FNI’s services are extended for more than 60
days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of
compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension
and reactivation and the fact that the time for performance under this Agreement has been revised.
IV. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set forth as
Attachment TC – Terms and Conditions of Agreement shall govern the relationship between the Client
and FNI.
Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone
other than Client and FNI, and all duties and responsibilities undertaken pursuant to this Agreement will be
for the sole and exclusive benefit of Client and FNI and not for the benefit of any other party.
This Agreement constitutes the entire Agreement between Client and FNI and supersedes all prior written or
oral understandings.
This contract is executed in two counterparts. IN TESTIMONY HEREOF, Agreement executed:
Freese and Nichols, Inc.
By:
Print Name and Title
Date:
ATTEST:
Town of Trophy Club, TX
By:
Print Name and Title
Date:
ATTEST:
DocuSign Envelope ID: 1B0E59FD-6FAB-4F57-895E-D693F964B746
Wendy Shabay
9/22/2021
65
ATTACHMENT SC - PLANNING
SC-1
TOWN OF TROPHY CLUB
SITE PLAN AND PLAT REVIEW PLANNING SERVICES
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ARTICLE I | PROJECT UNDERSTANDING
Freese and Nichols, Inc. is engaging with the Town of Trophy Club (TOWN) to provide professional urban
planning services in an on-call capacity to address planning and development issues impacting the TOWN, as
a result of general growth within the community, new development, redevelopment, or from issues that are
external but affect the TOWN due to their proximity to the TOWN. Freese and Nichols, Inc. (FNI) will address
such issues by providing concise recommendations to the TOWN, reviewing planning and zoning documents,
and serve on behalf of the TOWN or as a representative of the TOWN at meetings, public hearings, or other
formal TOWN business, as requested by the TOWN.
As services will be conducted for the TOWN on an “as needed” basis, FNI will provide such services on an
hourly fee structure. It is acknowledged that the TOWN is in need of periodic planning consulting services as
described below under “Site Plan and Plat Review Planning Services”, including possible attendance at
meetings with TOWN staff and with other entities as the TOWN directs. All services provided to the TOWN
will be billed on an hourly basis, plus any incurred expenses.
It is understood that FNI is being engaged on an as-needed and as-requested basis to review components of
specific development projects (such as site plans, landscape plans, building elevations, plats, and signage
plans prepared and submitted by others for TOWN’s approval), and to provide professional review comments
and recommendations to applicants and TOWN staff pursuant to these reviews, as the TOWN requests for
each development project. FNI will be performing a professional planning review of these documents based
upon the TOWN’s ordinances and codes supplied to FNI for such review, but FNI cannot represent or certify
them to be in absolute compliance with other TOWN ordinances that may be place at the time these projects
are reviewed. The sole purpose of FNI’s reviews will be to assist TOWN staff in ascertaining their compliance
with TOWN codes and ordinances, and to provide staff with professional opinions and suggestions regarding
each development project on an advisory basis.
ARTICLE II | SCOPE
Site plan and plat review planning services:
FNI shall render the following professional services, if requested by the TOWN and on an as-needed basis, in
connection with the review of TOWN development projects. These services will be billed at the hourly rates
stated in the Professional Services Agreement:
A. Site Plans, Landscape Plans, Plats, Zoning Requests, Zoning Variances and/or Special Exceptions, Sign
Permits – As assigned by the TOWN, FNI will provide professional planning reviews per the TOWN’s
approved development review process, and as outlined in general terms below:
1. FNI will review subject plans for general compliance with the TOWN’s development codes,
ordinances and master plans. Review comments shall be sent to the TOWN’s client/applicant via e-
mail or fax by the fifth (5th) business day after FNI receives the plans.
DocuSign Envelope ID: 1B0E59FD-6FAB-4F57-895E-D693F964B746
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ATTACHMENT SC - PLANNING
SC-2
a. The TOWN may need to review comments before they are sent to the applicant. If review is
required by the TOWN, review comments will be sent to the TOWN by the morning of the fifth
(5th) business day after receiving the plans, so the TOWN has time to review and FNI has time to
make any changes needed and have comments sent by the end of the fifth (5th) business day.
b. An extension of time may be granted to FNI if approved by the TOWN verbally or in writing.
c. FNI shall ask the applicant to address the comments and send the revised plans back to FNI for
their review. Once all the review comments have been addressed, FNI shall ask the applicant to
send the revised plan(s), which now meet all comments, to FNI. FNI shall then send notice to
TOWN and the applicant that all review comments have been addressed. In addition, FNI will sign
and date the plans that are now approved and forward the signed plans and memo of compliance
to the TOWN.
d. For submittals with a statutorily mandated “shot clock”, such as Plats and Small Cell Nodes, FNI
shall coordinate approval/disapproval of initial submittal and subsequent resubmittals, including
communication with the TOWN and the applicant as to any changes that are required, within the
time allotted by State Law.
2. Offer to the TOWN suggestions on potential impacts governed by other TOWN departments and
regulatory agencies, as may be noticed during review of plans. Offer recommendations on input from
these agencies, if applicable.
3. Develop comments in written format to the TOWN for the subject plans, based upon the review.
Include applicable comments previously generated from the TOWN’s review of the project. Submit
copies of the review to TOWN.
4. Correspond with the developer’s representative, engineer or surveyor (as applicable) for
implementation of the comments, if so directed by the TOWN.
5. Attend Town Council, Planning & Zoning Commission and Zoning Board of Adjustment meetings as
requested by TOWN to provide planning advisement and to answer questions concerning comments
and recommendations on the subject projects.
6. Provide review of resubmitted application to verify that all comments have been addressed, and to
verify that revisions do not cause internal conflicts or new issues.
7. Other planning and zoning consultation tasks, as requested by the TOWN.
B. Provide one (1) planner to travel to the TOWN’s offices, at the request of the TOWN, for meetings with
staff, developers or other individuals or entities as directed by the TOWN.
C. Provide virtual meeting space at the request of the TOWN using ZOOM, Teams, or a similar platform with
the TOWN’s agreement and to the TOWN’s reasonable specifications, and coordinate sharing access
links, URLs, and other information pertinent to accessing the meeting in compliance with the Texas Open
Meetings Act.
D. Attend periodic pre-application and/or project review meetings with applicants and TOWN staff at the
request of the TOWN.
DocuSign Envelope ID: 1B0E59FD-6FAB-4F57-895E-D693F964B746
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ATTACHMENT SC - PLANNING
SC-3
E. Attend periodic meetings of the Planning & Zoning Commission, Board of Adjustment, and/or TOWN
Council, and act as the TOWN’s planning representative as requested by the TOWN.
F. Develop public hearing notices, notifications related to development applicants, and similar processing
tasks as requested by the TOWN or work with applicable TOWN staff to facilitate project-related
notifications.
G. Development code amendments, ordinance amendments, and other special projects (e.g., Land Use Plan
and Comprehensive Plan amendments, special planning-related research projects, etc.) as requested by
the TOWN (coordination and timing to be mutually agreed-to between the TOWN and FNI).
H. The specific scheduling for all trips to the TOWN will be determined and mutually agreed-to by the TOWN
and FNI. All time spent at the TOWN, as well as travel time and mileage to and from the TOWN, shall be
billed under the scope of this contract.
ARTICLE II
ADDITIONAL SERVICES:
As the nature of possible “other services” on-call assignments will vary dependent upon specific issues at
hand, prior to any work the TOWN and FNI will meet or teleconference to define general scope, obtain an
understanding of specific issues, define deliverables, and identify task schedule. Specific task assignments
will be initiated with a simple letter of understanding, approved by both parties, addressing the task
assignment and an estimate of budget to complete the assignment.
Additional Services to be performed by FNI, if authorized by Client, which are not included in the above
described basic services, are described as follows:
A. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
B. Preparing data and reports for assistance to Client in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition,
and preparations therefore before any regulatory agency, court, arbitration panel or mediator.
ARTICLE III
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
Agreement and agrees to complete the services within twelve (12) months of the date of execution of this
contract.
If FNI’s services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule
consistent with the number of days of delay. These delays may include but are not limited to delays in Client
or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc.
These delays may result in an adjustment to compensation as outlined on the face of this Agreement and will
be based upon rates outlined in Attachment CO.
DocuSign Envelope ID: 1B0E59FD-6FAB-4F57-895E-D693F964B746
68
ATTACHMENT SC - PLANNING
SC-4
ARTICLE IV
RESPONSIBILITIES OF OWNER: Client shall perform the following in a timely manner so as not to delay the
services of FNI:
A.Provide meeting space and coordinate equipment needs, room set up, and logistics for meetings
outlined in Article I.
B.Contact meeting invitees for stakeholder and public meeting(s). This includes email, mail, newsletter
or other forms of notification.
C.Examine and provide prompt feedback on all submittals, draft reports, sketches, drawings, and other
documents presented by FNI within a reasonable time so as not to delay the services of FNI. Client
comments should be consolidated with clear and concise edits, preferably typed for legibility.
D.Designate in writing a person to act as Client’s representative with respect to the services to be
rendered under this Agreement. Such person shall have contract authority to transmit instructions,
receive information, interpret and define Client’s policies and decisions with respect to FNI’s services
for the Project.
E.Arrange for access to and make all provisions for FNI to enter upon public and private property as
required for FNI to perform services under this Agreement.
F.Bear all costs incident to compliance with the requirements of this Article IV.
ARTICLE V
DESIGNATED REPRESENTATIVES: FNI and Client designate the following representatives:
Owner’s Project Representative Name: Matt Cox, Development Services
Director
E-mail: mcox@trophyclub.org
Phone: 682-237-2915
Owner’s Accounting Representative Name: Mike Erwin, Finance Manager
E-mail: merwin@trophyclub.org
Phone: 682-237-2912
FNI’s Project Representative Name: David Jones, Project Manager
E-mail: David.jones@freese.com
Phone: 214-217-2299
FNI’s Accounting Representative Name: Stephanie Kirchstein
E-mail: Stephanie.kirchstein@freese.com
Phone: 214-217-2212
DocuSign Envelope ID: 1B0E59FD-6FAB-4F57-895E-D693F964B746
69
ATTACHMENT CO
Min Max
Professional 1 84 157
Professional 2 106 166
Professional 3 129 241
Professional 4 161 258
Professional 5 196 370
Professional 6 208 421
Construction Manager 1 94 186
Construction Manager 2 115 201
Construction Manager 3 177 237
Construction Manager 4 217 305
CAD Technician/Designer 1 76 156
CAD Technician/Designer 2 110 167
CAD Technician/Designer 3 141 220
Corporate Project Support 1 55 133
Corporate Project Support 2 77 185
Corporate Project Support 3 111 281
Intern / Coop 45 113
Rates for In-House Services and Equipment
Mileage Bulk Printing and Reproduction Equipment
Standard IRS Rates B&W Color Valve Crew Vehicle (hour)$75
Small Format (per copy) $0.10 $0.25 Pressure Data Logger (each) $200
Technology Charge Large Format (per sq. ft.)Water Quality Meter (per day) $100
$8.50 per hour Bond $0.25 $0.75 Microscope (each)$150
Glossy / Mylar $0.75 $1.25 Pressure Recorder (per day) $100
Vinyl / Adhesive $1.50 $2.00 $275
Coating Inspection Kit (per day) $275
Mounting (per sq. ft.) $2.00 Flushing / Cfactor (each)$500
Binding (per binding) $0.25 Backpack Electrofisher (each) $1,000
Survey Grade Standard
Drone (per day) $200 $100
GPS (per day) $150 $50
OTHER DIRECT EXPENSES :
These ranges and/or rates will be adjusted annually in February. Last updated 2021.
370022021
Position
Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and
reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office. For
other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work
required to be done by independent persons other than staff members, these services will be billed at a cost times a
multipler of 1.15. For Resident Representative services performed by non-FNI employees and CAD services performed In-
house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will
be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing
the same or similar services.
Hourly Rate
Compensation to FNI for Basic Services in Attachment SC shall be the lump sum of Forty Thousand Dollars ($40,000).
If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those
services described as Additional Services in Attachment SC, FNI will notify CLIENT for CLIENT's approval before
proceeding. Additional Services shall be computed based on the following Schedule of Charges.
COMPENSATION
Ultrasonic Thickness Guage (per day)
DocuSign Envelope ID: 1B0E59FD-6FAB-4F57-895E-D693F964B746
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Page 1 of 2
FNI__________
CLIENT__________
04-19 ATTACHMENT TC
TERMS AND CONDITIONS OF AGREEMENT
1.DEFINITIONS: The term Client as used herein refers to the _____________________ . The term
FNI as used herein refers to Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees
and agents. As used herein, Services refers to the professional services performed by Freese and Nichols pursuant to the
Agreement.
2.CHANGES: Client, without invalidating the Agreement, may order changes within the general scope of the work required by
the Agreement by altering, adding to and/or deducting from the work to be performed. If any change under this clause
causes an increase or decrease in FNI's cost of, or the time required for, the performance of any part of the Services under
the Agreement, an equitable adjustment will be made by mutual agreement and the Agreement modified in writing
accordingly.
3.TERMINATION: The obligation to provide services under this Agreement may be terminated by either party upon ten days'
written notice. In the event of termination, FNI will be paid for all services rendered and reimbursable expenses incurred to
the date of termination and, in addition, all reimbursable expenses directly attributable to termination.
4.CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract, tort, strict liability, warranty,
or otherwise for any special, indirect, incidental or consequential damages, such as loss of product, loss of use of the
equipment or system, loss of anticipated profits or revenue, non-operation or increased expense of operation or other
equipment or systems.
5.INFORMATION FURNISHED BY CLIENT: Client will assist FNI by placing at FNI's disposal all available information pertinent
to the Project including previous reports and any other data relative to design or construction of the Project. FNI shall have
no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design criteria,
drawings, specifications or other information furnished by Client and Client agrees to indemnify and hold FNI harmless from
any and all claims and judgments, and all losses, costs and expenses arising therefrom. FNI shall disclose to Client, prior to
use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information furnished by
Client to FNI that FNI may reasonably discover in its review and inspection thereof.
6.INSURANCE: FNI shall provide to Client certificates of insurance which shall contain the following minimum coverage:
Commercial General Liability Workers' Compensation
General Aggregate $2,000,000 As required by Statute
Automobile Liability (Any Auto) Professional Liability
CSL $1,000,000 $3,000,000 Annual Aggregate
7.SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Client determines that any
subcontractor for FNI is incompetent or undesirable, Client will notify FNI accordingly and FNI shall take immediate steps
for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing
contained in the Agreement shall create any contractual relation between any subcontractor and Client.
8.OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution of the
Services provided under this Agreement shall be the property of the Client upon payment of FNI's fees for services. FNI may
retain copies for record purposes. Client agrees such documents are not intended or represented to be suitable for reuse
by Client or others. Any reuse by Client or by those who obtained said documents from Client without written verification
or adaptation by FNI will be at Client's sole risk and without liability or legal exposure to FNI, or to FNI's independent
associates or consultants, and Client shall indemnify and hold harmless FNI and FNI's independent associates and
consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle FNI to further reasonable compensation. FNI may reuse all drawings, report
data and other project information in the execution of the Services provided under this Agreement in FNI's other activities.
Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to Client, and FNI shall indemnify and hold
harmless Client from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom.
Town of Trophy Club, TX
DocuSign Envelope ID: 1B0E59FD-6FAB-4F57-895E-D693F964B746
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Page 2 of 2
FNI__________
CLIENT__________
9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor contributed to the
creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition
at the site, if any, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that
may be caused by exposures to such substances or conditions. The parties agree that in performing the Services required
by this Agreement, FNI does not take possession or control of the subject site, but acts as an invitee in performing the
services, and is not therefore responsible for the existence of any pollutant present on or migrating from the site. Further,
FNI shall have no responsibility for any pollutant during clean-up, transportation, storage or disposal activities.
10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present day
cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility
studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs
prepared by FNI hereunder will be made on the basis of FNI’s experience and qualifications and represent FNI's judgment as
an experienced and qualified design professional. It is recognized, however, that FNI does not have control over the cost of
labor, material, equipment or services furnished by others or over market conditions or contractors' methods of
determining their prices.
11. CONSTRUCTION REPRESENTATION: If required by the Agreement, FNI will furnish Construction Representation according
to the defined scope for these services. FNI will observe the progress and the quality of work to determine in general if the
work is proceeding in accordance with the Contract Documents. In performing these services, FNI will endeavor to protect
Client against defects and deficiencies in the work of Contractors; FNI will report any observed deficiencies to Client,
however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for the
supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques,
sequences or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the
work of the Contractor. FNI shall not be responsible for the acts or omissions of any person (except his own employees or
agent) at the Project site or otherwise performing any of the work of the Project. If Client designates a person to serve in
the capacity of Resident Project Representative who is not a FNI's employee or FNI's agent, the duties, responsibilities and
limitations of authority of such Resident Project Representative(s) will be set forth in writing and made a part of this
Agreement before the Construction Phase of the Project begins.
12. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the
services of FNI shall be due and payable upon submission of a statement for services to CLIENT and in acceptance of the
services as satisfactory by the CLIENT. Statements for services shall not be submitted more frequently than monthly. Any
applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this
Agreement will be added to FNI's compensation.
If CLIENT fails to make any payment due FNI for services and expenses within thirty (30) days after receipt of FNI's
statement for services therefore, the amounts due FNI will be increased at the rate of one percent (1%) per month from
said thirtieth (30th) day, and, in addition, FNI may, after giving seven (7) days' written notice to CLIENT, suspend services
under this Agreement until FNI has been paid in full, all amounts due for services, expenses and charges.
13. ARBITRATION: No arbitration arising out of, or relating to, this Agreement involving one party to this Agreement may
include the other party to this Agreement without their approval.
14. SUCCESSORS AND ASSIGNMENTS: CLIENT and FNI each are hereby bound and the partners, successors, executors,
administrators and legal representatives of CLIENT and FNI are hereby bound to the other party to this Agreement and to
the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in
respect of all covenants, agreements and obligations of this Agreement.
Neither CLIENT nor FNI shall assign, sublet or transfer any rights under or interest in (including, but without limitation,
moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to
the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted
by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall
prevent FNI from employing such independent associates and consultants as FNI may deem appropriate to assist in the
performance of services hereunder.
15. PURCHASE ORDERS: If a Purchase Order is used to authorize FNI's Services, only the terms, conditions/instructions typed
on the face of the Purchase Order shall apply to this Agreement. Should there be any conflict between the Purchase Order
and the terms of this Agreement, then this Agreement shall prevail and shall be determinative of the conflict.
DocuSign Envelope ID: 1B0E59FD-6FAB-4F57-895E-D693F964B746
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Page 1 of 2
To: Mayor and Town Council
From: Wade Carroll, Town Manager
CC: Leticia Vacek, TRMC/CMC/MMC, Town Secretary/RMO
Mike Erwin, Finance Manager
Re: Public Hearing SAP (ESD)
Town Council Meeting, September 27, 2021
Agenda Item:
Town Council to conduct a Public Hearing relative to the Service and Assessment Plan for
Authorized Services (Emergency Services) for the Trophy Club Public Improvement District No. 1
(The Highlands at Trophy Club), the proposed Assessment Roll, and the levy of Special
Assessments against the property in PID No. 1 and matters contained in the proposed Ordinance
(W. Carroll).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
Annually, the Town Council accepts the Service and Assessment Plan update for Authorized
Services (Emergency Services) for the Town of Trophy Club Public Improvement District No. 1
(The Highlands at Trophy Club), sets the date for a Public Hearing and authorizes the publication
of Notice, and directs the mailings of such Notices as required by law. This notice states the
approximate Total Annual Cost of the Authorized Services, which is figured after receiving the
Fire rate from Trophy Club Municipal Utility District (TCMUD) No. 1.
Financial Considerations:
The Emergency Services District (ESD) in the PID pays for $528,546 worth of fire expenditures
with a rate of $0.06412 which is less than last year’s rate of $0.06476. This is the district’s portion
of fire services; the remainder is paid through the MUD. If the ESD assessment was not in place
the Town would be responsible for covering those expenditures.
Legal Review:
None applicable.
73
Page 2 of 2
Board/Commission/ or Committee Recommendation:
None applicable.
Staff Recommendation:
None applicable.
Attachments:
Annual Service Plan Update (2021) Town of Trophy Club PID No. 1 (ESD2)
Town Council Approval:
Alicia L Fleury or designee
74
TOWN OF TROPHY CLUB
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the Town
Council of the Town of Trophy Club , Texas on the 27 t h day of September, 2021 at 7 :00
p.m . at the Mun icipal Building at 1 Trophy Wood Drive , Trophy Club , Texas 76262. The
public hearing will be held to consider proposed assessments to be levied against the
assessable property within THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT
DISTRICT NO . 1 (the "District") pursuant to the prov isions of Chapter 372 of the Texas
Local Government Code , as amended.
The general nature of the improvements are emergency services (the "Authorized
Services "), including , without limitation , fire suppression and control , inspection services ,
arson investigations, hazardous material response , search and rescue , emergency
recovery and extraction , pre -hospital medical stabilization or transportat ion of persons
who are sic k, in j ured , wounded , or otherwise incapacitated or helpless including basic life
support ambulance services , advanced life support ambulance services , air ambulance
services, and quick-response unit services provided by the Town . The Town has provided
such services pursuant to an annual assessment within the District since 2007 .
The total annual cost of the Authorized Services for the Town 's Fiscal Year 2021-
2022 is approximately $528 ,546 .
The boundaries of the District are described as follows :
The District includes approximately 609 .683 acres located within the
corporate limits of the Town of Trophy Club , Denton County, Texas . The
District is generally located to the north of Oakmont Drive , Oak Hill Drive
and the Quorum Condominiums , east of the Lakes Subdivision and
Parkview Drive, south of the Corp of Engineers Property and west of the
Town 's eastern town limits . The District is more particularly described by
metes and bounds and such description is available for inspect ion at Town
Hall , 1 Trophy Wood Drive , Trophy Club , Texas 76262 .
All written or oral objections will be considered at the public hearing.
A copy of the Service and Assessment Plan for Authorized Services and proposed
Assessment Roll , which includes the assessments to be levied against each parcel in the
District , is ava ilable for public inspection at the office of the Town Secretary , Town of
Trophy Club, at 1 Trophy Wood Drive , Trophy Club , Texas 76262.
WITNESS MY HAND AND THE OFFICIAL S
September, 2021 .
TOWN , this 13t h day of
_/
,L ic1 acek , Town Secretary
own of Trophy Club , Texas
75
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
76
Page 1 of 2
To: Mayor and Town Council
From: Wade Carroll, Town Manager
CC: Leticia Vacek, TRMC/CMC/MMC, Town Secretary/RMO
Mike Erwin, Finance Manager
Re: Ordinance for Updated Annual Service and Assessment Plan and Assessment Roll
Town Council Meeting, September 27, 2021
Agenda Item:
Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club
accepting and approving a Service and Assessment Plan for Authorized Services for the Town of
Trophy Club Public Improvement District No. 1 (Emergency Services) and an Assessment Roll for
the Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club);
making a finding of special benefit to the Property in the District; levying special assessments
against Property within the District; providing for payment of the assessments in accordance with
law; and providing an effective date (W. Carroll).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
In 2007, a resolution was passed authorizing the creation of Trophy Club Public Improvement
District No. 1 (PID) (the Highlands at Trophy Club) to finance certain public services (Authorized
Services) for the benefit of certain property in the PID, which were determined to be in the scope
of emergency services to include, but not limited to, fire, inspection, investigations, search and
rescue, and pre-hospitalization medical stabilization and transportation.
Financial Considerations:
The PID requires the service plan to be reviewed and updated annually. The apportionment of
the costs for Authorized Services is based on all real property from the certified tax roll. The
assessment rate for fiscal year 2021-2022 is $0.06412 per $100 of taxable value, which is down
$0.0064 from the previous year’s rate of $0.06476. Annually, Town Council approves the update
of the Service and Assessment Plan which includes the assessment roll.
77
Page 2 of 2
Legal Review:
None applicable.
Board/Commission/ or Committee Recommendation:
None applicable.
Staff Recommendation:
Staff recommends approval of the Ordinance No. 2021-19
Attachments:
Ordinance No. 2021-19
Annual Service Plan Update (2021) Trophy Club PID No. 1
Town Council Approval:
Mayor Alicia Fleury or designee
78
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2021-19
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB ACCEPTING AND APPROVING A SERVICE AND ASSESSMENT
PLAN FOR AUTHORIZED SERVICES (EMERGENCY SERVICES) AND
AN ASSESSMENT ROLL FOR THE TOWN OF TROPHY CLUB PUBLIC
IMPROVEMENT DISTRICT NO. 1 (THE HIGHLANDS AT TROPHY
CLUB); MAKING A FINDING OF SPECIAL BENEFIT TO THE
PROPERTY IN THE DISTRICT; LEVYING SPECIAL ASSESSMENTS
AGAINST PROPERTY WITHIN THE DISTRICT; PROVIDING FOR
PAYMENT OF THE ASSESSMENTS IN ACCORDANCE WITH CHAPTER
372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; PROVIDING
FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE
ASSESSMENT; PROVIDING PENALTIES AND INTEREST ON
DELINQUENT ASSESSMENTS, PROVIDING FOR SEVERABILITY;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 16, 2007, a petition was submitted and filed with the Town
Secretary of the Town (the “Town Secretary”) pursuant to the Public Improvement District
Assessment Act, Chapter 372, Texas Local Government Code (the “PID Act”), requesting
the creation of a public improvement district over a portion of the area of the Town to be
known as The Town of Trophy Club Public Improvement District No. 1 (the “District”); and
WHEREAS, the petition contained the signatures of the owners of taxable property
representing more than fifty percent of the appraised value of taxable real property liable
for assessment within the District, as determined by the then current ad valorem tax rolls
of the Denton Central Appraisal District and the signatures of property owners who own
taxable real property that constitutes more than fifty percent of the area of all taxable
property that is liable for assessment by the District; and
WHEREAS, on May 7, 2007, after due notice, the Town Council of the Town (the
“Town Council”) held the public hearing in the manner required by law on the advisability
of the public improvements and services described in the petition as required by Sec.
372.009 of the PID Act and made the findings required by Sec. 372.009(b) of the PID Act
and, by Resolution No. 2007-08 adopted by a majority of the members of the Town
Council, authorized the District in accordance with its finding as to the advisability of the
public improvements and services; and
WHEREAS, on May 18, 2007, the Town published notice of its authorization of the
District in the Trophy Club Times, a newspaper of general circulation in the Town; and
79
ORD 2021-19 Page 2 of 8
WHEREAS, no written protests of the District from any owners of record of property
within the District were filed with the Town Secretary within 20 days after May 18, 2007;
and
WHEREAS, on May 21, 2007, the Council adopted a resolution directing the filing
of a proposed assessment roll, and directing related action; and
WHEREAS, the Town has conducted annual reviews from 2008 through 2019 as
provided in the PID Act and has annually adopted ordinances approving a Service and
Assessment Plan for Authorized Services and an Assessment Roll for The Town of
Trophy Club Public Improvement District No. 1; and
WHEREAS, on September 13, 2021 through the adoption of Resolution No. 2021-
11 and as part of its 2021-2022 annual review of the special assessments for emergency
services, the Town Council, pursuant to Section 372.016(b) of the PID Act, caused the
publication on September 15, 2021 of notice of a public hearing in a newspaper of general
circulation in the Town to consider the proposed “Assessment Roll” and the “Service and
Assessment Plan for Authorized Services” (the “Plan”) and the levy of the “Assessments”
on property in the District; and
WHEREAS, the Town Council, pursuant to Section 372.016(c) of the PID Act,
directed the mailing of notice of the public hearing to consider the proposed Assessment
Roll and the Plan and the levy of Assessments on property in the District to the last known
address of the owners of the property liable for the Assessments; and
WHEREAS, the Town Council convened the hearing at 7:00 p.m. on the 27th day
of September, 2021, at which all persons who appeared, or requested to appear, in
person or by their attorney, were given the opportunity to contend for or contest the Plan,
the Assessment Roll, and each proposed assessment, and to offer testimony pertinent to
any issue presented on the amount of the assessment, the allocation of costs of the
Authorized Services, the purposes of the assessment, the special benefits of the
assessment, and the penalties and interest on delinquent Assessments; and
WHEREAS, pursuant to Sections 372.013 and 372.014 of the PID Act, the Town
Council has directed the preparation of a Service and Assessment Plan for Authorized
Services for the District (the “Plan”), such Plan is attached hereto as Exhibit “A,” covers
a period of at least five years, and defines the annual indebtedness and the projected
costs of the Authorized Services, as identified and defined in the Plan; and
WHEREAS, the Plan includes an assessment plan that apportions the cost of the
Authorized Services to be assessed against property in the District and such
apportionment is made on the basis of special benefits accruing to the property because
of the Authorized Services; and
80
ORD 2021-19 Page 3 of 8
WHEREAS, the Town Council finds and determines that the Assessment Roll and
the Plan should be approved and that the assessments should be levied as provided in
the Plan and Assessment Roll; and
WHEREAS, the Town Council further finds that there were no written objections
or evidence submitted to the Town Secretary in opposition to the Plan, the allocation of
Costs, the Assessment Roll, and the levy of assessments; and
WHEREAS, the Town Council closed the hearing, and, after considering all written
and documentary evidence presented at the hearing, including all written comments and
statements filed with the Town, determined to proceed with the adoption of this Ordinance
in conformity with the requirements of the PID Act.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
TERMS
Terms not otherwise defined herein are defined in the Service and Assessment Plan for
Authorized Services (the “Plan”) attached hereto and incorporated herein as Exhibit “A.”
SECTION 2.
FINDINGS
The findings and determinations set forth in the preambles are hereby incorporated by
reference for all purposes. The Town Council hereby finds, determines, and ordains, as
follows:
(a)The apportionment of the costs of the Authorized Services pursuant to the Plan is fair
and reasonable, reflects an accurate presentation of the special benefit each property
will receive from the public improvements identified in the Plan, and is hereby
approved;
(b)The Plan covers a period of at least five years and defines projected costs for the
Authorized Services;
(c)The Plan apportions the cost of the Authorized Services to be assessed against
property in the District and such apportionment is made on the basis of special benefits
accruing to the property because of the Authorized Services.
(d)All of the real property in the District which is being assessed in the amounts shown
in the Assessment Roll will be benefited by the Authorized Services proposed to be
provided through the District in the Plan, and each parcel of real property will receive
special benefits in each year equal to or greater than each annual Assessment and
81
ORD 2021-19 Page 4 of 8
will receive special benefits during the term of the Assessments equal to or greater
than the total amount assessed;
(e)The method of apportionment of the costs of the Authorized Services set forth in the
Plan results in imposing equal shares of the Costs on property similarly benefited, and
results in a reasonable classification and formula for the apportionment of the costs of
the Authorized Services;
(f)The Plan should be approved as the service plan and assessment plan for the District
as described in Sections 372.013 and 372.014 of the PID Act;
(g)The 2019 Assessment Roll in the form attached as Exhibit “B” to the Plan (the
“Assessment Roll”) should be approved as the 2021 Assessment Roll for the District;
(h)The provisions of the Plan relating to due and delinquency dates for the Assessments,
interest and penalties on delinquent Assessments and procedures in connection with
the imposition and collection of Assessments should be approved and will expedite
collection of the Assessments in a timely manner in order to provide the services
needed and required for the area within the District; and
(i)A written notice of the date, hour, place and subject to this meeting of the Town
Council was posted at a place convenient to the public for the time required by law
preceding this meeting, as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and that this meeting has been open to the public as
required by law at all times during which this Ordinance and the subject matter hereof
has been discussed, considered, and formally acted upon.
SECTION 3.
ASSESSMENT PLAN
The Plan is hereby accepted and approved pursuant to the PID Act Sections 372.13
and 372.014 as the Service and Assessment Plan for the District.
SECTION 4.
ASSESSMENT ROLL
The Assessment Roll is hereby accepted and approved pursuant to the PID Act Section
372.016 Assessment Roll of the District.
SECTION 5.
LEVY AND PAYMENT OF SPECIAL ASSESSMENTS FOR COSTS OF
IMPROVEMENT PROJECT
(a)The Town Council hereby levies an assessment on each tract of property located
within the District, as shown and described in the Plan and the Assessment Roll, in
82
ORD 2021-19 Page 5 of 8
the respective amounts shown on the Assessment Roll as a special assessment on
the properties set forth in the Assessment Roll.
(b)The levy of the Assessments shall be effective on the date of execution of this
Ordinance levying assessments and strictly in accordance with the terms of the Plan.
(c)Each Assessment shall be paid annually pursuant to the terms of the Plan.
(d)Each Assessment shall be collected each year in the manner set forth in the Plan by
the Denton County Tax Assessor Collector or other qualified collection agent, duly
authorized by the Town Council.
SECTION 6.
METHOD OF ASSESSMENT
The method of apportioning the costs of the Authorized Services is as set forth in the
Plan.
SECTION 7.
APPOINTMENT OF ADMINISTRATOR
DTA (www.FinanceDTA.com) is hereby appointed and designated as the Administrator
of the Service and Assessment Plan for Authorized Services and of the Assessments
levied by this Ordinance. The Administrator shall perform the duties of the Administrator
described in the Plan and in this Ordinance. In addition to other applicable costs of
collection, whether legally authorized by contract or other District document, the
Administrator’s fees, charges, and expenses for providing such service shall constitute
Collection Costs.
SECTION 8.
PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS
Delinquent assessments shall be subject to the penalties, interest, procedures, and
foreclosure sales set forth in the Plan. The Assessments shall have lien priority as
specified in the PID Act and the Plan.
SECTION 9.
APPLICABILITY OF TAX CODE
To the extent not inconsistent with this Ordinance, and not inconsistent with the PID Act
or the other laws governing public improvement districts, the provisions of the Texas Tax
Code shall be applicable to the imposition and collection of Assessments by the Town.
83
ORD 2021-19 Page 6 of 8
SECTION 10.
SEVERABILITY
If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the
application of same to any person or set of circumstances is for any reason held to be
unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance
or the application to other persons or sets of circumstances shall not be affected thereby,
it being the intent of the Town Council that no portion hereof, or provision or regulation
contained herein shall become inoperative or fail by reason of any unconstitutionality,
voidness, or invalidity of any other portion hereof, and all provisions of this Ordinance are
declared to be severable for that purpose.
SECTION 11.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by filing this Ordinance in the ordinance records of the Town as required
in the Town Charter.
SECTION 12.
EFFECTIVE DATE
This Ordinance shall take effect, and the levy of the Assessments, and the provisions and
terms of the Plan shall be and become effective on upon passage and execution hereof.
ADOPTED, PASSED, and APPROVED by the Town Council, by a vote of
members voting “for” and members voting “against” and with absentee, on this
27th day of September 2021.
Alicia L. Fleury, Mayor
Town of Trophy Club, Texas
ATTEST:[SEAL]
Leticia Vacek, TRMC/CMC/MMC
Town Secretary/RMO
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
84
EXHIBIT A
SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES FOR
THE DISTRICT (THE “PLAN”)
85
86
87
88
89
90
91
92
93
94
95
96
97
PID Assessment Rate 0.06412
67687 465542 469280
73937 465543 469281
82144 465544 469282
83515 465545 469283
84263 465546 469284
98639 465547 469286
98641 465548 469287
126407 465549 469288
171483 465550 469289
305643 465551 469290
314736 465552 469291
315393 465553 469292
329833 465554 469293
329944 465555 469294
330332 465556 469295
336888 465557 469296
338637 465558 469297
465509 465559 469298
465510 465560 469299
465511 465561 469300
465512 465562 469301
465513 465563 469302
465514 465564 469303
465515 465565 469304
465516 465566 469305
465517 465567 469306
465518 465568 469307
465519 465569 469308
465520 465570 469309
465521 465571 469310
465522 465572 469311
465523 465573 469312
465524 465574 469313
465525 465575 469314
465526 465576 469315
465527 465577 469316
465528 465578 469317
465529 465579 469318
465530 465580 469319
465531 465581 469320
465532 465582 469321
465533 465583 469322
465534 466259 469323
465535 466260 469324
465536 466261 469325
465537 469275 469326
465538 469276 469327
465539 469277 469328
465540 469278 469329
465541 469279 469330
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2021 Assessment Roll
98
PID Assessment Rate 0.06412
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2021 Assessment Roll
469331 470088 470179
469332 470089 470180
469333 470090 470181
469334 470091 470182
469335 470092 470183
469336 470093 470184
469337 470094 470185
469338 470095 470186
469343 470096 470187
469372 470097 470188
470048 470098 470189
470049 470099 470190
470050 470100 470191
470051 470101 470192
470052 470102 470193
470053 470103 470194
470054 470104 470195
470055 470105 470196
470056 470106 470197
470057 470107 470198
470058 470108 470199
470059 470109 470200
470060 470110 470201
470061 470111 470202
470062 470153 470203
470063 470154 470204
470064 470155 470205
470065 470156 470249
470066 470157 470250
470067 470158 470251
470068 470159 470252
470069 470160 470253
470070 470161 470254
470071 470162 470255
470072 470163 470256
470073 470164 470257
470074 470165 470258
470075 470166 470259
470076 470167 470260
470077 470168 470261
470078 470169 470262
470079 470170 470263
470080 470171 470264
470081 470172 470265
470082 470173 470266
470083 470174 470267
470084 470175 470268
470085 470176 470269
470086 470177 470270
470087 470178 47027199
PID Assessment Rate 0.06412
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2021 Assessment Roll
470272 498915 533292
470273 498916 533293
470274 498917 533294
470275 498918 533295
470276 498919 533296
470277 498920 533297
470278 498922 533298
470279 498923 533307
470280 498924 533309
470281 498925 533310
470282 498926 533311
470283 498927 533312
470284 498928 533313
470285 498929 533314
470286 498930 533315
470287 498931 533316
470288 498932 533317
470289 498933 533318
470290 498934 533319
470291 498935 533320
470292 498936 533321
470293 498937 533322
470294 498938 533323
470295 498939 533324
470296 498940 533325
470297 498945 533326
470298 498946 533327
470299 498947 533328
470300 498948 533329
470397 498949 533330
471214 498950 533331
471291 498951 533332
494650 498952 533333
498867 498953 533334
498868 498954 533335
498869 498955 533336
498870 498956 533337
498871 523472 533338
498873 525439 533339
498874 533255 533340
498875 533256 533341
498876 533257 533342
498877 533258 533343
498878 533259 533344
498879 533262 533345
498880 533264 533346
498911 533287 533347
498912 533289 533348
498913 533290 533349
498914 533291 533350100
PID Assessment Rate 0.06412
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2021 Assessment Roll
533351 533401 534866
533352 533402 534867
533353 533403 534868
533354 533404 534869
533355 533405 534870
533356 533406 534871
533357 533407 534872
533358 533408 534873
533359 533409 534874
533360 533410 534875
533361 533411 534876
533362 533412 534877
533363 533413 534878
533364 533414 534879
533365 533415 534880
533366 533416 534881
533367 533417 534882
533368 533418 534883
533369 533419 534884
533370 533420 534885
533371 533421 534886
533372 533422 534887
533373 533425 534888
533374 533428 534889
533375 533429 534890
533376 533430 534891
533377 533431 534892
533378 533432 534893
533379 533433 534894
533380 533434 534895
533381 533464 534896
533382 533480 534897
533383 533490 534898
533384 533498 536563
533385 533500 536564
533386 533501 536565
533387 534852 536566
533388 534853 536567
533389 534854 536568
533390 534855 536569
533391 534856 536570
533392 534857 536571
533393 534858 536572
533394 534859 536573
533395 534860 536574
533396 534861 536575
533397 534862 536576
533398 534863 536577
533399 534864 536578
533400 534865 536579101
PID Assessment Rate 0.06412
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2021 Assessment Roll
536580 557680 558374
536581 557681 558375
536582 557682 558376
536583 557683 558377
536584 557684 558378
536585 557685 558379
536586 557686 558380
536587 557687 558381
536588 558332 558382
536868 558333 558383
537217 558334 558384
537349 558335 558385
557641 558336 558386
557642 558337 558387
557643 558338 558388
557644 558339 558389
557645 558340 558390
557646 558341 558391
557647 558342 558392
557648 558343 558393
557649 558344 558394
557650 558345 558395
557651 558346 558396
557652 558347 558397
557653 558348 558398
557654 558349 558399
557655 558350 558400
557656 558351 558401
557657 558352 558402
557658 558353 558403
557659 558354 558404
557660 558355 558405
557661 558356 558406
557662 558357 558407
557663 558358 558408
557665 558359 558409
557666 558360 558410
557667 558361 558411
557668 558362 558412
557669 558363 558413
557670 558364 558414
557671 558365 558415
557672 558366 558416
557673 558367 558417
557674 558368 558418
557675 558369 558419
557676 558370 558420
557677 558371 558421
557678 558372 558422
557679 558373 558423102
PID Assessment Rate 0.06412
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2021 Assessment Roll
558424 558474 558524
558425 558475 558525
558426 558476 558526
558427 558477 558527
558428 558478 558528
558429 558479 558529
558430 558480 558530
558431 558481 558531
558432 558482 558532
558433 558483 558533
558434 558484 558534
558435 558485 558535
558436 558486 558536
558437 558487 558537
558438 558488 558538
558439 558489 558539
558440 558490 558540
558441 558491 558541
558442 558492 558542
558443 558493 558543
558444 558494 558544
558445 558495 558545
558446 558496 565346
558447 558497 565839
558448 558498 567352
558449 558499 567353
558450 558500 567354
558451 558501 567355
558452 558502 567356
558453 558503 567357
558454 558504 567358
558455 558505 567359
558456 558506 567360
558457 558507 567361
558458 558508 567362
558459 558509 567363
558460 558510 567364
558461 558511 567365
558462 558512 567366
558463 558513 567367
558464 558514 567368
558465 558515 567369
558466 558516 567370
558467 558517 567371
558468 558518 567372
558469 558519 567373
558470 558520 580345
558471 558521 580346
558472 558522 580347
558473 558523 580348103
PID Assessment Rate 0.06412
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2021 Assessment Roll
580349 580400 583249
580350 580401 583250
580351 580402 583251
580352 580403 583252
580353 580404 583253
580354 580405 583254
580355 580406 583255
580356 580407 583256
580357 580408 583257
580358 580409 583258
580359 580410 583259
580360 580411 583260
580361 580412 583261
580362 580413 583262
580363 580414 583263
580364 581612 583264
580365 583215 583265
580366 583216 583266
580367 583217 583267
580368 583218 583268
580369 583219 583269
580370 583220 583270
580371 583221 583271
580372 583222 583272
580373 583223 583273
580374 583224 583274
580375 583225 583275
580376 583226 583276
580377 583227 583277
580378 583228 583278
580379 583229 583279
580380 583230 583280
580381 583231 583281
580382 583232 583282
580383 583233 583283
580384 583234 583284
580385 583235 583285
580386 583236 583286
580387 583237 583287
580388 583238 583288
580389 583239 583289
580390 583240 583290
580392 583241 583291
580393 583242 583292
580394 583243 583293
580395 583244 583294
580396 583245 583295
580397 583246 583296
580398 583247 583297
580399 583248 583298104
PID Assessment Rate 0.06412
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2021 Assessment Roll
583299 583383 583473
583300 583384 583474
583301 583385 583475
583302 583386 583476
583303 583387 583477
583304 583388 583478
583305 583389 583479
583306 583390 583480
583307 583391 583481
583308 583392 583482
583309 583393 583483
583310 583394 583484
583311 583395 583485
583312 583396 583486
583313 583397 583487
583314 583398 583488
583315 583399 583489
583316 583400 583490
583317 583401 583491
583318 583402 583492
583319 583403 583493
583320 583404 583494
583321 583405 583495
583322 583406 583496
583323 583407 583497
583324 583408 583498
583325 583409 583499
583326 583410 583500
583327 583411 583501
583328 583412 583502
583329 583413 583503
583330 583414 583504
583331 583415 583505
583332 583416 583506
583333 583417 583507
583334 583418 583508
583335 583419 583509
583336 583420 583510
583337 583421 583511
583338 583422 583512
583339 583423 583513
583356 583424 583514
583375 583425 583519
583376 583426 583520
583377 583427 583521
583378 583428 583522
583379 583429 583523
583380 583470 583524
583381 583471 583525
583382 583472 583526105
PID Assessment Rate 0.06412
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2021 Assessment Roll
583527 583578 583630
583528 583579 583631
583529 583580 583632
583530 583581 583633
583531 583582 583634
583532 583583 583643
583533 583584 583644
583534 583585 583645
583535 583586 583646
583536 583587 583647
583537 583588 583648
583538 583589 583649
583539 583590 583650
583540 583591 583651
583541 583592 583652
583542 583593 583653
583543 583594 583654
583544 583595 583655
583545 583596 583656
583546 583597 583657
583547 583598 583658
583548 583599 583659
583549 583600 583660
583550 583601 583661
583551 583602 583662
583552 583603 583663
583553 583604 583664
583554 583605 583665
583555 583606 583666
583556 583607 583667
583557 583608 583668
583558 583609 583669
583559 583612 583670
583560 583613 583671
583561 583614 583672
583562 583615 583673
583563 583616 583674
583564 583617 583675
583565 583618 583676
583566 583619 583677
583567 583620 583678
583568 583621 583679
583569 583622 583680
583570 583623 583681
583571 583624 583682
583573 583625 583683
583574 583626 583684
583575 583627 583685
583576 583628 583686
583577 583629 583687106
PID Assessment Rate 0.06412
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2021 Assessment Roll
583688 635060 635110
583689 635061 635111
583690 635062 635112
583691 635063 635113
583692 635064 635114
583693 635065 635115
611444 635066 635116
620681 635067 635117
621956 635068 635118
622299 635069 635119
622300 635070 635120
622301 635071 635121
622302 635072 635122
622303 635073 635123
622304 635074 635124
622305 635075 635125
622306 635076 635126
622307 635077 635127
622308 635078 635128
622309 635079 635129
622310 635080 635130
622311 635081 635131
622312 635082 635132
622313 635083 635133
622314 635084 635134
622315 635085 635135
622316 635086 635136
622317 635087 635137
622318 635088 635138
622319 635089 635139
622320 635090 635140
622321 635091 635141
622322 635092 635142
622323 635093 635143
622324 635094 635144
622325 635095 635145
622326 635096 635146
622327 635097 635147
622328 635098 635148
622329 635099 635149
622330 635100 635150
631471 635101 635151
635052 635102 635152
635053 635103 635153
635054 635104 635154
635055 635105 635155
635056 635106 635156
635057 635107 635157
635058 635108 635158
635059 635109 635159107
PID Assessment Rate 0.06412
Town of Trophy Club
Public Improvement mDistrict No. 1
Emergency Services District
2021 Assessment Roll
635160 667203 733756
635161 674251 744759
635162 681973 942882
650739 712035 20446646
657776 730909 20447888
667200 730930
108
109
Page 1 of 4
To: Mayor and Town Council
From: Matt Cox, Director of Community Development
CC: Wade Carroll, Town Manager
Leticia Vacek, Town Secretary
Re: Case PD-21-001
Town Council Meeting, September 27, 2020
Agenda Item:
Case PD-21-001 (The Trails)
A. Conduct a Public Hearing regarding a request to rezone approximately 8.88 acres from R-15,
Single-Family Residential district to a PD, Planned Development District to construct 27 detached
single-family residential lots located at 2304 and 2344 Trophy Park Dr.
B. Discussion and recommendation regarding a request to rezone approximately 8.88 acres from R-
15, Single-Family Residential district to a PD, Planned Development District to construct 27
detached single-family residential lots located at 2304 and 2344 Trophy Park Dr.
Strategic Link:
Infrastructure & Development – Foster a business-friendly environment.
Background and Explanation:
Request Overview
The proposed PD would authorize the construction of 27 detached single-family dwellings on
approximately 8.88 acres with a density of 3.04 dwelling units per acre. The property is currently zoned
R-15 which allows a minimum lot size of 15,000 square feet and a minimum house size of 2,500 square
feet. The applicant is proposing a minimum lot size of 9,600 square feet, an average lot size of 10,900
square feet, and a minimum house size of 2,600 square feet. Neighboring properties are zoned PD-27 and
PD-29. A comparison table showing current and requested dimensional standards is included (table 1).
Surrounding Area
The area is predominantly single-family residential development along with two parks. The southern
portion of the property borders land leased by the city from the Army Corps of Engineers and contains
Trophy Club Park and walking trail.
Proposed Improvements and Development Standards
As part of the proposed improvements to the site, the applicant will create a looped 27 foot wide local
street section with 50 feet of right-of-way providing direct access to all 27 residential lots. The street will
110
Page 2 of 4
have two access points to Trophy Park Drive, with the easternmost access point offset from Balmoral Drive
approximately 100 feet. Three open space lots are shown parallel to Trophy Park Drive. These lots will
contain a six foot masonry screening wall and entry monument feature and trees spaced 30 feet on center
along Trophy Park Drive. Individual lots must include a minimum of two trees.
Table 1 – Dimensional Comparison of The Trails with Existing Zoning and Adjacent Zoning
Churchill
Downs
(to east)
Abbey
Moor
(to west)
The
Highlands
(to north)
The Trails
R-15
district
(Current)
Minimum Lot
Size
10,000 square
feet
5,250 square
feet
Min 65 lots >
6,000 sq ft
Min 30 lots >
7,000 sq ft
8,400
square feet
9,600 square
feet/10,900
square foot
average
15,000 square
feet
Minimum Lot
Width
80 feet 50 feet 70 feet 80 feet 90 feet
Minimum Lot
Depth
100 feet 100 feet 110 feet 120 feet 120 feet
Density 2.85 dwelling
unit/acre
3.5 dwelling
unit/acre
1.8 dwelling
unit/acre
3.04 dwelling
unit/acre
-
Minimum
House Size
3,000 square
feet
1,800 square
feet
1,800
square feet
2,600 square
feet
2,500 square
feet
Min Front
Setback
25 feet 15 feet 25 feet 20 feet 30 feet
Min Garage
Setback
50 feet 20 feet 30 feet 20 feet -
Maximum
Building
Coverage
45%50% (<6,000
square foot
lot)
60% (=/>6,000
square foot
lot)
40%35%35%
111
Page 3 of 4
The PD contains a menu of design features or “architectural enhancements” (Table 2) with a minimum of
five features required for each house:
Table 2 – Required Architectural Enhancements (min. 3 per house)
Salt Finish driveway Two carriage / sconce lights on the front of
the home
Garage doors with windows Separated garage doors
Columns Bay window
Cast stone accents Covered front porches
Metal roof accents
Two types of masonry materials. A
minimum of 10% of the front elevation
shall be stucco, stone, or cement fiber
board
Recessed entries 8:12 Primary roof pitch or higher
At least one transom window Variable roof pitches
Shutters on at least 15% of windows Box windows on 10% of elevation
Columns flanking garage doors Eight (8) foot height front doors
At least one Dormer At least 3 Decorative Brackets
Decorative banding or molding Herringbone designs
Cedar accents
The PD would allow for front-facing garage doors but with a requirement that the doors be cedar and that
a minimum one foot inset be provided from the front of the house to the door. The minimum setback
from the street for a front-facing garage door is 25 feet. The PD would require home exteriors to be a
minimum 90% masonry, which would include brick, stone, cast stone, cementitious siding, and stucco.
Cementitious fiber and stucco may not exceed 20% of the front elevation.
The applicant proposes to construct a new wood fence along the western boundary of the PD with an 8
foot cedar fence and bury the above-ground power line. Internal fences require 6 foot vertical cedar
boards and metal posts.
The Zoning Ordinance requires subdivision screening walls to be a minimum 8 feet in height. The applicant
requests approval for a 6 foot masonry wall in order to match the existing walls along Abbey Moor and
Churchill Downs.
Cell Tower
An existing antenna support tower is situated at the southeastern corner of the property and is accessed
by a gravel driveway from Trophy Park Drive. The proposed PD would dedicate open space and an access
easement to the cell tower. The tower enclosure and equipment pedestals would be screened from
abutting lots by a proposed masonry wall.
Analysis:
The proposed development presents a lot configuration and housing product that is similar to neighboring
developments but with a smaller provision of internal open space. Abbey Moor, to the immediate west
of the proposed PD, contains 50 foot lots but achieves a lower density due to open space and easements
around the existing gas well. These lots are also part of a larger development within PD-27 featuring a
variety of lots and open space. Lots within Churchill Downs, to the immediate east, are 80 feet minimum
width and 10,000 square feet in size. The density in Churchill Downs is less than that proposed for The
Trails (2.85 vs. 3.04.)
112
Page 4 of 4
In summary, the proposed Planned Development is a similar density to the surrounding neighborhoods,
but employs less open space. Other than two 20 foot wide lots that are parallel to Trophy Park Drive that
are not usable for recreation, the entire 8.88 acre property is proposed as buildable lots. The development
is also significantly denser than the existing zoning of R-15, which requires a minimum lot size that is
roughly 50% larger than the proposed lots. The applicant is also proposing some lots that are less than
10,000 square feet.
Summary of Changes from Planning and Zoning Commission:
1. Changed average lot size from 10,000 square feet to 10,900 square feet
2. All homes must have a minimum of five features from Table 2 (previously minimum of 3)
3. Add stone to menu of required accent materials
4. No less than two windows or minimum 15% of front elevation windows (whichever is more) shall
have full-length shutters (previously 15% of total windows)
5. Decorative banding or molding must be on front elevation (previously the location was not
specified)
Financial Considerations:
Not applicable.
Legal Review:
This item has been reviewed by the Town Attorney.
Public Comments:
Staff has received multiple comments regarding this request, including those opposed, those in favor, and
those with no objection.
Staff Recommendation:
Due to the significant proposed increase in density and reduction in lot size compared to the current
zoning, staff recommends denial of the request to rezone approximately 8.88 acres from SF-15, Single-
Family Residential district to a PD, Planned Development District to construct 27 detached single-family
residential lots located at 2304 and 2344 Trophy Park Dr.
Planning and Zoning Recommendation:
At its September 14, 2021 meeting, the Planning and Zoning Commission voted 4-2 to recommend
denial of the request.
Attachments:
Exhibit A – Legal Description
Exhibit B – PD Zoning Standards
Exhibit C – Subdivision Layout
Exhibit D – Landscaping Plan
Exhibit E – Representative Building Elevations
113
SINGLE FAMILY RESIDENTIAL
PLANNED DEVELOPMENT
FOR
A 8.67 ACRE TRACT
KNOWN AS
THE TRAILS
TROPHY CLUB, DENTON COUNTY, TEXAS
Exhibit A – Legal Description
Exhibit B – Development Standards
Exhibit C – Subdivision Layout
Exhibit D – Landscape Plan
114
EXHIBIT A
THE TRAILS
LEGAL DESCRIPTION
BEING A TRACT OF LAND SITUATED IN THE MARY MEDLIN SURVEY, ABSTRACT NO.
832, IN DENTON COUNTY, TEXAS, BEING PART OF THAT SAME TRACT OF LAND
DESCRIBED TO DONNA K. WELSH BY WARRANTY DEED WITH VENDOR'S LIEN
RECORDED IN DOCUMENT NO. 2007-3678 OF THE OFFICIAL PUBLIC RECORDS OF
DENTON COUNTY, TEXAS (O.P.R.D.C.T.), TOGETHER WITH PART OF THAT SAME
TRACT OF LAND DESCRIBED TO JOHN A. COLEMAN, JR. AND WIFE, VERTALEE
COLEMAN BY DEED RECORDED IN VOLUME 539, PAGE 24 OF THE DEED RECORDS OF
DENTON COUNTY, TEXAS (D.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS (BEARINGS AND DISTANCES ARE BASED ON
THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE (4202)
NORTH AMERICAN DATUM OF 1983 (NAD 83)(US FOOT) WITH A COMBINED SCALE
FACTOR OF 1.00015063):
BEGINNING AT A CORPS OF ENGINEERS MONUMENT FOUND FOR THE SOUTHWEST
CORNER OF SAID WELSH TRACT, SAME BEING A NORTHWESTERN CORNER OF A
TRACT OF LAND DESCRIBED TO THE UNITED STATES OF AMERICA BY DEED
RECORDED IN VOLUME 370, PAGE 208, D.R.D.C.T., AND LYING ON THE EAST LINE OF
LOT 1X, BLOCK H OF THE HIGHLANDS AT TROPHY CLUB, AN ADDITION TO THE CITY
OF TROPHY CLUB, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN DOCUMENT NO. 2013-229, OF THE PLAT RECORDS OF DENTON COUNTY,
TEXAS (P.R.D.C.T.);
THENCE NORTH 00 DEGREES 42 MINUTES 33 SECONDS WEST, WITH THE EAST LINE OF
SAID BLOCK H, A DISTANCE OF 573.25 FEET TO A 1/2 INCH REBAR WITH A CAP
STAMPED "WINDROSE" SET FOR THE NORTHWEST CORNER OF THE HEREIN
DESCRIBED PROPERTY, SAID POINT LYING ON THE EAST LINE OF LOT 11, BLOCK H OF
SAID THE HIGHLANDS AT TROPHY CLUB ADDITION AND ON THE SOUTH RIGHT-OF-
WAY LINE OF TROPHY PARK DRIVE (VARIABLE WIDTH RIGHT-OF-WAY);
THENCE NORTH 89 DEGREES 07 MINUTES 26 SECONDS EAST, WITH THE SOUTH RIGHT-
OF-WAY LINE OF SAID TROPHY PARK DRIVE, A DISTANCE OF 604.20 FEET TO A MAG
NAIL SET FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED PROPERTY;
THENCE SOUTH 00 DEGREES 34 MINUTES 19 SECONDS EAST, DEPARTING THE SOUTH
RIGHT-OF-WAY LINE OF SAID TROPHY PARK DRIVE, PASSING AT A DISTANCE OF 28.28
FEET, A 5/8 INCH REBAR FOUND FOR THE NORTHWEST CORNER OF LOT 1, BLOCK A
OF CHURCHILL DOWNS, AN ADDITION TO THE CITY OF TROPHY CLUB, DENTON
COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN DOCUMENT NO.
2009-1, P.R.D.C.T. AND CONTINUING WITH THE WEST LINE OF SAID CHURCHILL
DOWNS ADDITION, FOR A TOTAL DISTANCE OF 483.72 FEET TO AN "X" CUT SET ON 115
CONCRETE FOOTER FOR THE SOUTHWEST CORNER OF LOT 27, BLOCK B OF SAID
CHURCHILL DOWNS ADDITION, SAME BEING THE SOUTHEAST CORNER OF SAID
COLEMAN TRACT AND LYING ON A NORTH LINE OF SAID UNITED STATES OF
AMERICA TRACT;
THENCE SOUTH 54 DEGREES 44 MINUTES 51 SECONDS WEST, WITH A NORTH LINE OF
SAID UNITED STATES OF AMERICA TRACT, A DISTANCE OF 439.79 FEET TO A CORPS
OF ENGINEERS MONUMENT FOUND FOR THE SOUTHERNMOST CORNER OF SAID
COLEMAN TRACT;
THENCE NORTH 57 DEGREES 25 MINUTES 23 SECONDS WEST, CONTINUING WITH A
NORTH LINE OF SAID UNITED STATES OF AMERICA TRACT, PASSING AT A DISTANCE
OF 45.45 FEET, A 3/8 INCH REBAR FOUND FOR THE WESTERNMOST SOUTHWEST
CORNER OF SAID COLEMAN TRACT, SAME BEING THE SOUTHEAST CORNER OF SAID
WELSH TRACT, AND CONTINUING WITH THE SOUTH LINE OF SAID WELSH TRACT,
FOR A TOTAL DISTANCE OF 288.03 FEET TO THE POINT OF BEGINNING AND
CONTAINING 377,628 SQUARE FEET OR 8.669 ACRES OF LAND, MORE OR LESS.
116
EXHIBIT B
THE TRAILS
DEVELOPMENT STANDARDS
SINGLE FAMILY RESIDENTIAL
The Trails is a high-quality community located near the entrance of Trophy Club Park.
The intent of the PD Ordinance guidelines is to promote the natural features of the current landscape to create
a beautiful and enduring community that upholds and enhances the quality of the surrounding environment.
This neighborhood will feature high quality housing product that is desirable in growing, suburban areas.
Enforcement of the design guidelines will ensure the protection of the design intent and will optimize property
values.
I. Purpose: This lot type is designed to allow twenty-seven (27) single family detached dwellings on lots
of not less than nine thousand six hundred (9,600) square feet that will collectively have an average lot
size of at least ten thousand nine hundred (10,900) square feet, together with the allowed incidental
and accessory uses.
II. Permitted Uses: Land use and structures shall comply with uses permitted for single family residential
districts in Chapter 14 of the Town of Trophy Club Zoning Ordinance with the base district of R-10 in
accordance with the following:
A) Accessory Uses: Accessory uses shall be limited to home occupations and accessory
buildings permitted in accordance with Town of Trophy Club Code of Ordinances,
Chapter 14 - Zoning, Division 5. Supplementary District Regulations, Section 14.02.253.
B) Limitation of Uses: Any use not expressly permitted or allowed by permit herein is
prohibited.
III. Development Regulations
A) Plan Requirements: No application for a building permit for the construction of a building
or structure shall be approved unless a plat, meeting all the requirements of the Town of
Trophy Club, has been approved by the Town Council and recorded in the Denton County
Plat Record.
B) Area Regulations: The following minimum standards shall be required as measured from
property lines:
1. Lot Size: 9,600 square feet minimum*
* The five (5) lots abutting Churchill Downs shall have a minimum lot size of 10,000
square feet, which include Lots 12-16, Block A as shown on the Conceptual Plan.
2. Average Lot Size: 10,900 square feet minimum
117
3. Lot Coverage: 65% maximum
a. Swimming pools and spas shall not be included in maximum building
coverage.
4. Minimum Dwelling Square footage:
a. One-story homes: 2,600 square feet*
* A maximum of five (5) single-family dwellings in The Trails shall be
allowed to have a minimum dwelling size between 2,600 square feet and 3,000
square feet.
b. Two-story homes: 3,000 square feet
c. The five (5) homes that abut the Churchill Downs subdivision shall have a
dwelling size of at least 3,000 square feet.
5. Front Yard setback: 20 feet minimum*
* Front porches shall be allowed to encroach up to five feet into the front setback.
6. Rear Yard setback: 15 feet minimum
7. Side Yard setback: 5 feet minimum
8. Side Yard Setback Adjacent to Street: 10 feet minimum
9. Lot Width: 80 feet minimum
10. Lot Width: (Knuckle Turn Lot 6, Block B only) 69 feet minimum
11. Lot Depth: 120 feet minimum
12. Garage Setback: 20 feet minimum*
* On traditional swing (or j-swing) garage configurations, a second single or double
garage door facing the street is permitted if it is located behind the width of the double
garage door. Garages configured in a flat front entry only configuration shall be
allowed provided that the front yard building setback is increased to 25-feet.
13. Front Porch Setback: 15 feet minimum
118
Development Regulations Summary Table
Min. Lot
Square
Footage1
Typical
Dimension
Min.
Width2
Min.
Depth Setbacks
Min.
Dwelling
Square
Footage4
Front3 Side Front
Porch
Side
Adjacent
to Street
Rear
9,600 80' x 120' 80' 120' 20'/20' 5' 15' 10' 15' 2,600
1 The average lot size in The Trails shall be at least 10,900 square feet. All single-family lots that abut the
Churchill Downs subdivision shall have a minimum of 10,000 square feet.
2 Lot 6, Block B shall have a minimum lot width of 69’.
3 Twenty (20) foot minimum setback for the garage and main façade of home. A covered porch can
encroach up to five (5) feet into the front setback.
4 A minimum of twenty-two (22) of the single-family dwellings in The Trails shall have a minimum
dwelling size of 3,000 square feet. A maximum of five (5) single-family dwellings in The Trails shall be
allowed to have a minimum dwelling size between 2,600 square feet and 3,000 square feet. All single -
family dwellings on lots that abut the Churchill Downs subdivision shall have a minimum dwelling size
of 3,000 square feet.
IV. Design Standards:
A) Design Standards:
1. Architectural Enhancements: Each single-family dwelling in The Trails must utilize
at least five (5) of the following improvements:
a. Salt Finish driveway, which must be applied to the entire driveway within the
right of way line
b. Two carriage / sconce lights on the front of the home
c. Garage doors with windows
d. Separated garage doors
e. Minimum 8 inch by 8 inch columns. Columns must be structural and separate
from the wall face.
f. Bay window
g. Cast stone accents – at least 10% of front elevation shall be cast stone.
h. Covered front porches
i. Metal roof accents
j. Two types of masonry materials. A minimum of 10% of the front elevation
shall be stucco, stone or cementitious fiber board.
k. Recessed entries
l. A minimum roof pitch of 10:12 (inches of rise per inches of run) from side to
side shall apply to the predominant roof, except a tile or slate roof may have
a minimum roof pitch of 5:12 (inches of rise per inches of run) from side to
side. Porches, dormers and shed roofs shall have a minimum of 3:12 (inches
of rise per inches of run).
119
m. At least one transom window
n. Variable roof pitches
o. Shutters – A minimum of 15% of the front elevation windows (with no less
than two (2) windows) shall have decorative full-width shutters
p. Box windows - the minimum surface area of the box window shall be 10% of
the front elevation.
q. Columns flanking garage doors or eyebrow soldier course over garage doors
- this is a separate item from and cannot be used to fulfill the item described
in Section IV (A)(1)(e) above.
r. Eight (8) foot height front doors or double doors
s. At least one dormer
t. No less than three (3) decorative brackets.
u. Decorative banding or molding on front elevation. Banding should not dead-
end or end at an elevation corner and should continue until interrupted by
another element like a column or window.
v. Herringbone designs – minimum of 20% of front elevation
w. Cedar accents – minimum of 20 square feet of total cedar accents.
2. Height Regulations: No building shall exceed two (2) and one-half stories in height.
No building shall exceed forty (40) feet in height.
3. Elevations: Single family dwelling floor plans shall vary from lot to lot as follows:
a. The same floor plan with the same elevation shall be separated by a minimum
of 4 lots (between them) on the same side of the street, and by a minimum of
2 lots (between them) on the opposite side of the street.
b. The same floor plan with a different elevation shall be separated by a
minimum of one (1) lot on the same or on the opposite side of the street.
c. For purposes of what constitutes a “different” elevation, the following
provisions shall apply:
i. Identical brick blends or paint colors may not occur on adjacent (side-
by-side) properties along any block face without at least four (4)
intervening homes of differing materials on the same side of the street
beginning with the adjacent property and two (2) intervening homes
of differing materials on the opposite side of the street.
ii. Front building elevations shall not repeat along any block face
without at least four (4) intervening homes of differing appearance on
the same side of the street and two (2) intervening homes of differing
appearance on the opposite side of the street. Homes are considered
to have a differing appearance if any of the following two (2) items
deviate:
i. Number of Stories
ii. Permitted Encroachment Type and Layout
iii. Roof Type and Layout
iv. Articulation of the Front Façade
120
4. Fences/ Walls/ Retaining Walls:
a. Retaining walls shall be veneered with masonry from the ground to the top of
the wall to match throughout the community.
b. Retaining walls facing Corps of Engineering property will be veneered with
masonry, stone, or compression concrete. An example of the retaining wall is
depicted in the figure on the below:
c. Fences in the subdivision will be cedar with a minimum height of six (6) feet.
Notwithstanding the foregoing, the developer shall coordinate with the
individual adjacent homeowners along Nottingham Drive and Nottingham
Court in Abbey Moor (to the west) to replace the existing wood fence at one
time with an eight foot (8’) tall cedar wood, board on board fence with steel
posts and rot board bottom and end cap. Any metal posts showing on the
Abbey Moor side of the contiguous wood fence shall be encased in matching
stained cedar wood.
d. Perimeter Walls and Entry Statement: There shall be a six (6) foot masonry
wall along Trophy Park Drive to match the neighboring developments. The
perimeter wall will incorporate a masonry entry monument sign with
landscaping. The masonry entry monument sign will be approximately sixteen
(16) feet wide by six (6) feet tall. The wall and masonry entry monument sign
will be owned and maintained by the HOA. The perimeter wall and
landscaping shall be installed prior to the issuance of building permits.
Notwithstanding the forgoing sentence, the masonry entry monument sign
shall be completed within six (6) months of the issuance of the first building
permit. Perimeter landscaping shall be provided along Trophy Park Drive
(outside of and beyond any required right-of-way dedication), and shall
incorporate ground cover, perennial shrubbery and trees along the entire
length of the frontage with Trophy Park Drive. Shrubbery shall have a
minimum height of 30-inches and a maximum height of 48-inches. In
addition, three (3) canopy trees and two (2) accent trees shall be planted per
100-feet of linear open space frontage with Trophy Park Drive. The HOA shall
also be allowed to install and maintain seasonal color located near the
entrances into the subdivision.
e. Side Yard Fencing: Fencing between lots will be cedar slats installed
vertically, (not horizontally or diagonally) and a minimum height of six (6)
feet.
121
f. Perimeter Fencing Facing Corps of Engineers Property: Perimeter fencing
facing Corps of Engineers property will be wrought iron with a minimum
height of six (6) feet.
g. Perimeter Fencing Adjacent to the Cell Tower shall be a masonry wall with a
minimum height of six (6) feet.
h. HVAC Screening: All buildings shall be designed such that the mechanical
equipment (HVAC), except venting & stacks, is not visible from the street and
is screened by two (2) or more shrubs that shall be at least 36” in height at the
time of planting or a wing wall may be used.
5. Accessory Structures: All development within The Trails Planned Development
District shall comply Town of Trophy Club Code of Ordinances, Chapter 14 - Zoning,
Division 5. Supplementary District Regulations, Section 14.02.253.
a. Nothing in this ordinance shall be construed as preventing any Architectural
Control Committee with jurisdiction over any neighborhood from further
restricting permission, location, and type of any accessory structure.
6. Garages: All residential lots shall provide at least a two-car garage, and will
incorporate either a traditional swing (j-swing), flat front entry or a “2 & 1” or “2 &
2” garage configuration whereby the second single or second double garage door may
face the street if it is located behind the width of the j-swing double garage door .
a. The minimum dimension of two-car garages shall be twenty-one (21) feet in
width and twenty-two (22) feet in depth. (inside to inside)
b. All garage doors shall be required to have decorative wood doors or wood
overlays on insulated metal doors. The design between the garage door and
home shall use the same or complementary colors and materials. All garages
shall include carriage style hardware (i.e. wrought iron handles and faux
hinges). An example of carriage style hardware is depicted in the figure on
below:
c. Garages may face front or side street.
7. The above ground power line along the common boundary with Abbey Moor (to the
west) shall be buried underground with the development.
122
B) Building Materials:
1. All residences in The Trails shall be constructed of ninety percent (90%) masonry
(excluding wall over roof areas) as set forth below:
a. Masonry shall be defined as brick, stone, cast stone, cementitious siding and
stucco. Cementitious fiber and stucco may be used over roofs or other areas
that could not support brick provided such materials do not exceed 20% of the
front elevation.
2. All roofs shall have either architectural laminated shingles, tile or slate. 3-tab shingles
are prohibited. Seamless and standing seam metal roofs are permitted if they are of
architectural quality. No wooden shingles shall be used on roofs.
C) Landscape Standards: All Landscape within The Trails Planned Development District
shall comply with the Town of Trophy Club Code of Ordinances, Chapter 10 – Subdivision
Ordinance, Division 8. Tree Preservation and Removal, Section 10.02.248.
1. Perimeter Landscape: The common areas adjacent to Trophy Park Drive will have one
(1) tree with a minimum three (3) inch caliper every thirty (30) feet minimum
2. Tree Requirements:
a. Each lot shall have a minimum of three (3) trees, two (2) in the front, one (1)
in the back. Trees shall be a minimum four (4) inch caliper. Trees installed
must be on the approved allowable trees per Sec. 10.02.248 (f) of the Town’s
Code.
b. All yards will have a functioning irrigation system at time of final inspection.
Any regulation not specifically addressed herein shall be in accordance with the current ordinances of the Town
of Trophy Club.
123
483.72'4 39 .7 9 '288.03'573.25'400.63'203.57'
60.00'
40.47'
20.00'
EX. 20 ACCESS
EASEMENT
50' ROW
27' B/B
50' ROW
27' B/B
120.00'
120.00'
120.00'
120.00'
120.00'120.00'
120.00'
120.00'
120.00'
121.52'
121.97'121.98'
122.45'
122.68'
122.92'
120.00'120.00'
122.40'
121.75'80.00'80.00'80.00'80.00'80.00'129.33'23.92'145.46'
142.58'23 .6 5 '148 .2 7 '80.0 0 '1 87 .8 7 '72.50'83.00'83.09'83.00'82.00'69.91'80.00'80.00'80.00'80.00'80.00'20' BUILDING SETBACK20' BUILDING SETBACK20' BUILDING SETBACK20' BUILDING SETBACK20.00'20.00'28.28'28.28'28.28'
LOT 1
BLOCK A
LOT 2
BLOCK A
LOT 3
BLOCK A
LOT 4
BLOCK A
LOT 5
BLOCK A
LOT 6
BLOCK A
LOT 7
BLOCK A
LOT 8
BLOCK A
LOT 9
BLOCK A
LOT 1
BLOCK B
LOT 2
BLOCK B
LOT 3
BLOCK B
LOT 4
BLOCK B
LOT 5
BLOCK B
LOT 6
BLOCK B
LOT 8
BLOCK B
LOT 10
BLOCK B
LOT 9
BLOCK B
LOT 10
BLOCK A
LOT 11
BLOCK A
LOT 12
BLOCK A
LOT 13
BLOCK A
LOT 15
BLOCK A
LOT 16
BLOCK A
LOT 14
BLOCK A
LOT 17-XLOT 12-XLOT 0-X
6' SIDEWALK 6' SIDEWALK
6' SIDEWALK
TROPHY PARK DRIVE
10' SS ESMT
SEWER SERVICE
155.70'120
.
0
0'
126.09'120.78'1 4 3 .6 2 '120.64'
10' DRAINAGE ESMT60.00'5.00'R=118.23'L=50.08'R=11
5
.
0
0
'L=53
.56
'
R=115.00'
L=53.56'R=114.97'L=56.84'R=115.00'L=54.63'LOT 7
BLOCK B
LOT 11
BLOCK B
20' ACCESS ESMT
121.08'12
0.
0
0'
122.22'60.00'31.33'R=115.00'L=53.56'
R =1 1 5 .0 0 'L =4 1 .0 2 '9,600
S.F.
12,871
S.F.
9,895
S.F.
9600
S.F.
9600
S.F.
9600
S.F.
9600
S.F.
9600
S.F.
9600
S.F.
9600
S.F.9600
S.F.
1 0 ' B U IL D IN G S E T B A C K
ZONING - PD-27
AREA - 11,552 SF
ZONING - PD-27
AREA - 11,970 SF
ZONING - PD-27
AREA - 6,783 SF
ZONING - PD-27
AREA - 5,685 SF
ZONING - PD-27
AREA - 5,483 SF
ZONING - PD-27
AREA - 5,461 SF
ZONING - PD-27
AREA - 5,458 SF
ZONING - PD-27
AREA - 5,636 SF
ZONING - PD-27
AREA - 7,482 SF
ZONING - PD-27
AREA - 98,010 SF
ZONING - PD-279
AREA - 98,010 11,252 SF
ZONING - PD-279
AREA - 98,010 16,709 SF
ZONING - PD-279
AREA - 98,010 14,458 SF
ZONING - PD-279
AREA - 98,010 11,744 SF
5' SIDEWALK5' SIDEWALK5' SIDEWALK5' SIDEWALK5' SIDEWALK5' SIDEWALK5' SIDEWALK5' SIDEWALK9,749
S.F.
9,768
S.F.
9,787
S.F.
9,805
S.F.
9,824
S.F.
12,860
S.F.
15,455
S.F.
15,770
S.F.
13,990
S.F.
9,600
S.F.
16,701
0
10,019
S.F.
10,105
S.F.
10,073
S.F.
10,031
S.F.
12450
S.F.DATENo. REVISION BY
DATE:
SHEET
File No.
1/6/2021
CHECKED: MAM
DRAWN:ASD
DESIGN: ASDSKORBURG COMPANYTROPHY CLUB, TXTEXAS REGISTRATION #14199
0
GRAPHIC SCALE
1 inch = ft.
50 50 100
50
25
ZONING CONCEPTUAL SITE PLANSP-1 1903 CENTRAL DR. SUITE #1 PHONE: 817.281.0572BEDFORD, TX 76092 WWW.CLAYMOOREENG.COM
NTS
VICINITY MAP
SITE
G R E A T B L U E H E R O N C R E E K
CHURCHILL DOWNS LN
TROPHY PARK DR
TROPHY CL
UB DRT R O P H Y P A R K D RCHATSWOOD DRBALMORAL DRTHE TRAILS
27 SINGLE FAMILY HOMES
BLOCK A, LOTS 1 - 16
LOT 0-X & LOT 17-X
BLOCK B, LOTS 1 - 11 & LOT 12-X
TROPHY CLUB, TEXAS
DENTON, COUNTY, TEXAS
LOT TABLE
LOT BLOCK AREA (SQ. FT.)
1 A 9749
2 A 9768
3 A 9787
4 A 9805
5 A 9824
6 A 12860
7 A 15455
8 A 15770
9 A 13990
10 A 9600
11 A 16701
12 A 12450
13 A 10031
14 A 10073
15 A 10105
16 A 10019
1 B 9600
2 B 9600
3 B 9600
4 B 9600
5 B 9600
6 B 9895
7 B 12871
8 B 9600
9 B 9600
10 B 9600
11 B 9600
SITE SUMMARY DATA
GROSS AREA: 8.669 AC
OPEN SPACE AREA: 8,883 SF
GROSS DENSITY: 3.11 PER 1 AC
MINIMUM LOT SIZE: 9,600 SF
MINIMUM LOT DEPTH: 120 FT
MINIMUM LOT WIDTH: 80 FT (NOTE 4)
AVERAGE LOT SIZE: 10,900 SF (NOTE 1)
MINIMUM DWELLING SIZE: 2,600 SF (NOTE 3)
ZONING NOTES:
1. THE AVERAGE LOT SIZE SHALL
BE AT LEAST 10,900 SF.
2. ALL LOTS ABUTTING CHURCHILL
DOWNS SHALL BE AT LEAST
10,000 SF WITH A MINIMUM
HOUSE SIZE OF 3,000 SF.
3. A MAXIMUM OF 5 HOMES MAY
BE BETWEEN 2,600 SF AND 3,000
SF. ALL OTHER HOMES MUST BE
AT LEAST 3,000 SF.
4. LOT 6, BLOCK B, SHALL BE
ALLOWED A MINIMUM LOT
WIDTH OF 69 FT.
5. A TREE SURVEY SHALL BE
COMPLETED WITH THE
PRELIMINARY PLAT.
124
125
DREES CUSTOM HOMES
REPRESENTATIVE PRODUCT PHOTOS FOR:
THE TRAILS
TROPHY CLUB, DENTON COUNTY, TEXAS
A/C SF RANGING FROM
2,600 – 5,032 sf
PROJECTED PRICE POINTS:
From the $700’s
126
REPRESENTATIVE PRODUCT
127
128
129
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
Re: Case PP-21-002
Town Council Meeting, September 27, 2021
Agenda Item:
Case PP-21-002 (The Willow Estates at Trophy Club)
A. Consider and take appropriate action regarding a request for a preliminary plat for lots 1-
10, Block A, The Willow Estates at Trophy Club, consisting of 4.208 acres out of the
Rosalinda Allen Survey, Abstract no. 17, located west of Highland Court, Trophy Club,
Texas.
Strategic Link:
Infrastructure & Development – Foster a business-friendly environment.
Background and Explanation:
The subject property was formerly used as a gas well site. The property owner is requesting to develop
the property as ten residential lots with a public cul-de-sac street serving each lot.
The proposed preliminary plat is located in the R-12 zoning district which requires a minimum lot size of
12,000 square feet, minimum 25 foot front and rear setbacks, and 10 foot side setbacks unless the
property is adjacent to a street, in which case a 20 foot side setback is required. Lots are required to be
90 feet wide (110 feet when adjacent to a side street) and 110 feet deep (100 feet for a cul-de-sac lot).
Cul-de-sac streets are limited to 600 feet in overall width as measured from the street centerline of the
intersecting street and the radius point of the cul-de-sac. The proposed cul-de-sac street exceeds 600 feet
which requires a variance.
A homeowner’s association (HOA) will be created with the filing of the final plat that will maintain any
common elements. At that time, the subdivider will also be required to dedicate fee-in-lieu of parkland.
The applicant submitted preliminary engineering plans depicting proposed drainage from the lots to the
public right-of-way or drainage easements. The site drains to property currently owned by the Town of
Trophy Club. The proposed stormwater outfall will require an easement dedicated by separate instrument
and shown on the final plat. The property is proposed to be served by 8” sanitary sewer and 8” water
130
Page 2 of 2
mains with a fire hydrant in front of lot 10 and at the end of the cul-de-sac. Full civil plans will be required
with the final plat to ensure all facilities are adequate to serve the property.
The applicant is responsible for verifying that the location of the capped wells is not within the buildable
area of any lot. The Town will not issue a building permit for a building that sits above a capped well, per
Texas Railroad Commission regulations.
Financial Considerations:
Not applicable.
Legal Review:
This item is currently under review by the Town Attorney.
Staff Recommendation:
Because the proposed development provides multiple fire hydrants along the cul-de-sac, staff
recommends approval of the preliminary plat with the requested variance for a cul-de-sac exceeding 600
feet.
P&Z Recommendation
The Planning and Zoning Commission voted unanimously to recommend approval of the plat.
Attachments:
Exhibit A – Preliminary Plat
131
132
133
Page 1 of 3
To: Mayor and Town Council
From: Matt Cox, Director of Community Development
CC: Wade Carroll, Town Manager
Leticia Vacek, Town Secretary
Re: Case PP-21-003
Town Council Meeting, September 27, 2021
Agenda Item:
Case PP-21-003 (The Oak Estates at Trophy Club)
A. Consider and take appropriate action regarding a request for a preliminary plat for lots 1-9, Block
A, The Oak Estates at Trophy Club, consisting of 4.339 acres out of the Thomas J. Allen Survey,
Abstract no. 7, located west of Milsons Point Drive, Trophy Club, Texas.
Strategic Link:
Infrastructure & Development – Foster a business-friendly environment.
Background and Explanation:
The subject property was formerly used as a gas well site. The property owner is requesting to develop
the property as eight residential lots and one open space lot with a public cul-de-sac street serving each
lot.
The proposed preliminary plat is located in the R-15 zoning district which requires a minimum lot size of
15,000 square feet, minimum 30 foot front and 25 foot rear setbacks, and 12.5 foot side setbacks unless
the property is adjacent to a street, in which case a 20 foot side setback is required. The side setback for
one side yard may be reduced to 7.5 feet if the distance between buildings and structure on contiguous
lots remains a minimum of 25 feet. Lots are required to be 90 feet wide (110 feet when adjacent to a side
street) and 120 feet deep (100 feet for a cul-de-sac lot). Cul-de-sac streets are limited to 600 feet in overall
width as measured from the street centerline of the intersecting street and the radius point of the cul-de-
sac. The proposed cul-de-sac street exceeds 600 feet which requires a variance.
A homeowner’s association (HOA) will be created with the filing of the final plat that will maintain any
common elements. At that time, the subdivider will also be required to dedicate fee-in-lieu of parkland.
The applicant submitted preliminary engineering plans depicting proposed drainage from the lots to the
public right-of-way or drainage easements. The site drains to property currently owned by the Town of
Trophy Club. The proposed stormwater outfall will require an easement dedicated by separate instrument
134
Page 2 of 3
and shown on the final plat. The property is proposed to be served by 8” sanitary sewer and 8” water
mains with a fire hydrant in front of lot 5 at the end of the cul-de-sac. Full civil plans will be required with
the final plat to ensure all facilities are adequate to serve the property. The plat shows proposed access
using an existing access easement that was used for the former gas well (see Figure 1 below). The
easement sits on property owned by a Homeowners Association. The applicant must show proof of title
on this property before a Final Plat can be filed and the land dedicated to the Town for right of way.
Figure 1: Proposed Access Point to Subdivision
Lots that are created that back up to the side or front yard of an existing lot (such as lot 8) will be required
to keep the side yard fence within the 20 foot side yard setback.
The applicant is responsible for verifying that the location of the capped wells is not within the buildable
area of any lot. The Town will not issue a building permit for a building that sits above a capped well, per
Texas Railroad Commission regulations.
Financial Considerations:
Not applicable.
135
Page 3 of 3
Legal Review:
This item has been reviewed by the Town Attorney.
Staff Recommendation:
If the final engineering plans provide multiple fire hydrants along the cul-de-sac, staff recommends
approval of the preliminary plat with the requested variance for a cul-de-sac exceeding 600 feet.
P&Z Recommendation
The Planning and Zoning Commission voted unanimously to recommend approval of the plat.
Attachments:
Exhibit A – Preliminary Plat
136
137
138
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
Re: Case PP-21-004
Town Council Meeting, September 27, 2021
Agenda Item:
Case PP-21-004 (The Cypress Estates at Trophy Club)
A. Consider and take appropriate action regarding a request for a preliminary plat for lots 1-10, Block
A, The Cypress Estates at Trophy Club, consisting of 3.581 acres out of the Richard W. Allen Survey,
Abstract no. 5, located south of Nottingham Drive at Annandale Drive, Trophy Club, Texas.
Strategic Link:
Infrastructure & Development – Foster a business-friendly environment.
Background and Explanation:
The subject property was formerly used as a gas well site. The property owner is requesting to develop
the property as nine residential lots and one common/open space lot with a public cul-de-sac street
serving each lot.
The proposed preliminary plat is located in the R-12 zoning district which requires a minimum lot size of
12,000 square feet, minimum 25 foot front and rear setbacks, and 10 foot side setbacks unless the
property is adjacent to a street, in which case a 20 foot side setback is required. Lots are required to be
90 feet wide (110 feet when adjacent to a side street) and 110 feet deep (100 feet for a cul-de-sac lot).
Cul-de-sac streets are limited to 600 feet in overall width as measured from the street centerline of the
intersecting street and the radius point of the cul-de-sac. The proposed cul-de-sac street exceeds 600 feet
which requires a variance.
A homeowner’s association (HOA) will be created with the filing of the final plat that will maintain any
common elements. At that time, the subdivider will also be required to dedicate fee-in-lieu of parkland.
The applicant submitted preliminary engineering plans depicting proposed drainage from the lots to the
public right-of-way or drainage easements. The site drains to property currently owned by the Highlands
at Trophy Club.
139
Page 2 of 2
The proposed stormwater outfall will require an easement dedicated by separate instrument and shown
on the final plat. The property is proposed to be served by 8” sanitary sewer and 8” water mains with a
fire hydrant in front of lot 5 at the end of the cul-de-sac. Full civil plans will be required with the final plat
to ensure all facilities are adequate to serve the property.
The applicant is responsible for verifying that the location of the capped wells is not within the buildable
area of any lot. The Town will not issue a building permit for a building that sits above a capped well, per
Texas Railroad Commission regulations and Town Ordinance.
Financial Considerations:
Not applicable.
Legal Review:
This item has been reviewed by the Town Attorney.
Staff Recommendation:
If the final civil plans provide multiple fire hydrants along the cul-de-sac, staff recommends approval of
the preliminary plat with the requested variance for a cul-de-sac exceeding 600 feet.
P&Z Recommendation:
The Planning and Zoning Commission voted unanimously to recommend approval of the plat noting that
the location of the plugged wells should be verified relative to the buildable area of lot 6.
Attachments:
Exhibit A – Preliminary Plat
140
141
142
1
9
0
Future Agenda Items
September 27, 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.
Town Mgr Carroll has developed a Scope of Work for the Entryway
monumentation landscaping and finalist will present Project and Bids
to the Committee.
2) Develop a Strategic Plan for the Town addressing future goals with budgetary needs for each department.
Staff is Meeting on September 28 for Strategic Management Planning.
Next step will be to schedule a Work Session with Council to discuss
“Mission and Vision”.
3) Modifying the Existing Veteran’s Memorial to include “Space Force”.
Staff is Meeting on September 16th with the Veteran’s Committee to
present Bids and Develop a Plan for Next Steps.
4) Re-evaluate the total fiduciary need for the Police Department’s Drug Enforcement/Education Program and
reallocate the appropriate Committed Funds to the Capital Replacement Fund for assistance in the purchase
of Police Radios.
Staff will present Drug Enforcement Plan and Re-Allocation Request to
Council at the October 25, 2021 Meeting.
Revised by LVacek
Sept. 27, 2021
143