Agenda Packet TC 04/02/2007 1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, April 2, 2007
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.4 Discuss and take appropriate action regarding a Proclamation recognizing April
5th, 2007 as Friends of the Family, "Annual Take Back the Night March".
A.5 Citizen presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not
permitted to take action on or discuss any presentations made to the Council at
this time concerning an item not listed on the agenda. The Council will hear
presentations on specific agenda items prior to the Council addressing those
items.
B.1 Discuss and take appropriate action regarding a Joint Election Agreement
between Tarrant County and the Town of Trophy Club for a joint election to be
held on May 12, 2007.
C.1 Public Hearing: Conduct a public hearing to receive comments relative to a
request for amendment to Planned Development District No. 27, known as The
Highlands at Trophy Club, by amending PD-27 in its entirety to reflect changes to
various sections of PD-27, including: Exhibit "B" - "Development Standards:
Section III, "Definitions"; Section IV, "Lot Type Regulations"; Table No. 4-1,
"Summary of Lot Type Regulations"; Section V, "Neighborhood Regulations";
Table No. 5-1, "Neighborhood Lot and Density Summary"; Section VI,
"Development and Design Standards"; Table No. 6-1, "Roadway Standards";
Section VII, "Park and Open Space Requirements"; Section VIII, "Development
Schedule"; Exhibit "C", "Concept Plan"; Exhibit "D", "Street Type Exhibits";
Exhibit "E", "Park Concept Plans"; and Exhibit "F", "Pathway Plan". Applicant:
Carter & Burgess, Inc., Authorized Agent of Centurion Acquisitions, L.P.; 831
Trophy, L.P.; Standards Pacific of Texas, L.P.; K. Hovnanian Homes - DFW,
L.L.C.; C Oil Investments LTD. (PDAMD-07-023)
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D.1 Discuss and take appropriate action relative to an Ordinance amending Planned
Development District No. 27, known as The Highlands at Trophy Club, by
amending PD-27 in its entirety to reflect changes to various sections of PD-27,
including: Exhibit "B" - "Development Standards: Section III, "Definitions";
Section IV, "Lot Type Regulations"; Table No. 4-1, "Summary of Lot Type
Regulations"; Section V, "Neighborhood Regulations"; Table No. 5-1,
"Neighborhood Lot and Density Summary"; Section VI, "Development and
Design Standards"; Table No. 6-1, "Roadway Standards"; Section VII, "Park and
Open Space Requirements"; Section VIII, "Development Schedule"; Exhibit "C",
"Concept Plan"; Exhibit "D", "Street Type Exhibits"; Exhibit "E", "Park Concept
Plans"; and Exhibit "F", "Pathway Plan". Applicant: Carter & Burgess, Inc.,
Authorized Agent of Centurion Acquisitions, L.P.; 831 Trophy, L.P.; Standards
Pacific of Texas, L.P.; K. Hovnanian Homes - DFW, L.L.C.; C Oil Investments
LTD. (PDAMD-07-023)
D.2 Discuss and take appropriate action relative to a request for Meritorious
Exception to Article IV, "Sign Regulations", Section 4.06, "Commercial and
Institutional Signs" of Chapter 5, "General Land Use", for one additional
Development Sign for Phase II of the Eagles Ridge subdivision, to be located at
322 Eagles Court. Applicant: First Graphic Services, Inc.
D.3 Discuss and take appropriate action amending Resolution 2006-24 by amending
to appoint one citizen to one seat on Planning and Zoning Commission for the
remainder of the unexpired term expiring in 2007.
D.4 Discuss and take appropriate action regarding The Highlands At Trophy Club
Development and Public Improvement District Agreement.
D.5 Receive and discuss a report from Town Manager Emmons regarding ongoing
contract negotiations between the Town and the Trophy Club MUDs to provide
wholesale water, wastewater treatment, distribution, collection, maintenance, and
billing services and options available to the Town for providing water and
wastewater services
D.6 Discuss and take appropriate action to approve financials and variance report
dated February 2007.
D.7 Discuss and take appropriate action relative to an Ordinance amending Chapter
8 of the Code of Ordinances of the Town, entitled "Nuisances", by adding Article
6, Entitled "Standing or Stagnant Water" and discuss and provide input regarding
an amendment to the Swimming Pool Ordinance, Chapter 3, Article XV of the
Code of Ordinances.
D.8 Discuss and take appropriate action regarding an Ordinance authorizing the
issuance, sale and delivery of the Town of Trophy Club, Texas General
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Obligation Bonds, Series 2007, in the principal amount of $3,260,000, for the
purpose of constructing and improving the Town's streets.
D.9 Discuss and take appropriate action regarding a Resolution directing publication
of notice of intention to reissue combination Tax and Revenue Certificates of
Obligation Series 2007, in the amount of $474,000, for Harmony Park
reconstruction and improvement loan with the payments being reimbursed to the
Town of Trophy Club by EDC 4A; and authorizing the execution of all necessary
documents.
D.10 Discuss and take appropriate action regarding a notice from the Public Utility
Commission of Texas for a Consumer Price Index Adjustment to Municipal
Telecommunications Right-of Way Access Line Rates.
D.11 Items for Future Agenda.
D.12 Reports. There will be no action taken regarding any individual project posted
under this item and discussion will be limited. If extensive discussion is required,
the item may be placed on a future agenda.
a) Town Council report from EDC 4A Liaison, Council member Edstrom.
b) Partner's in Mobility Report.
c) Town Manager's Report.
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.071 (a) & (b) "Consultation with Attorney", the Council will enter into
executive session to discuss the following:
(A) Consultation with Town Attorney on a matter in which the duty of the Attorney to
the Governmental Body under the Disciplinary Rules of Professional Conduct of
the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (b)).
(1) Legal advice relative to The Highlands At Trophy Club Development and Public
Improvement District Agreement.
(2) Legal advice relative to the interlocal agreement between the Town and the Trophy
Club MUDs to provide wholesale water, wastewater treatment, and distribution,
collection, maintenance and billing services and options available to the Town for
providing water and wastewater services.
E.2 Discuss and provide input regarding an interlocal agreement between the Town
and the Trophy Club MUDs to provide wholesale water, wastewater treatment,
and distribution, collection, maintenance, and billing services options available to
the Town for providing water and wastewater services.
F.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.A.4
Discuss and take appropriate action regarding a Proclamation recognizing
April 5th, 2007 as Friends of the Family, "Annual Take Back the Night
March".
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Mayor Sanders)
Attachments: 1. March 1, 2007 – Letter from Friends of the Family
2. Proclamation
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION 2007 – XX
Proclaiming April 2007 as Sexual Assault Awareness Month
WHEREAS, sexual assault affects every adult, teen, and child in the Town of
Trophy Club either as a victim/survivor of sexual assault or as a family member,
significant other, friend, neighbor or co-worker; and,
WHEREAS, few survivors of sexual violence seek help immediately after
victimization due to shame or fear of not being believed. In order to end sexual assault,
we must alleviate these fears. We must begin by believing; and,
WHEREAS, many citizens of Denton County are working to provide quality
services and assistance to sexual survivors; and hundreds of volunteers help staff 24-
hour hotlines, respond to emergency calls and offer support and advocacy during
medical care and criminal justice proceedings, and offer safe shelter; and
WHEREAS, the Trophy Club Women's Club has provided financial support in
the way of grants to Friends of the Family since 2002; and
WHEREAS, Friends of the Family staff and volunteers promote sexual assault
awareness and avoidance by offering educational programs to schools, churches, and
civic organizations, as well as professional training to medical, mental health, law
enforcement, and criminal justice personnel regarding sexual assault issues; and
WHEREAS, Denton County Friends of the Family, other sexual assault
programs, and other professionals and advocates of non-violence have joined together
as the Texas Association Against Sexual Assault (TAASA) to support each other in our
work and to provide the Town of Trophy Club and the State of Texas and our citizens
with a central source of information on sexual assault; and
WHEREAS, during the month of April Friends of the Family will be intensifying
efforts to promote public understanding of sexual assault and victims of sexual assault
and Friends of the Family will be emphasizing the need for citizen involvement in efforts
to reduce sexual assault through public education and changing public attitudes; and
WHEREAS, Friends of the Family will be working also to publicize their services,
increase community support for their agency and increase awareness of the healing
potential for survivors.
NOW, THEREFORE, I, Nick Sanders, Mayor of the Town of Trophy club, Texas,
do hereby proclaim the month of April, 2007 as: “SEXUAL ASSAULT AWARENESS
MONTH,” In the Town of Trophy Club.
Passed and approved by the Town Council of the Town of Trophy Club, Texas,
this 2nd day of April, 2007.
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______________________________
Mayor, Town of Trophy Club, Texas
ATTEST:
___________________________
Town Secretary, Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.A.5
Citizen presentations: this is an opportunity for citizens to address the
Council on any matter whether or not it is posted on the agenda. The
Council is not permitted to take action on or discuss any presentations
made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior
to the Council addressing those items.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.B.1
Discuss and take appropriate action regarding a Joint Election Agreement
between Tarrant County and the Town of Trophy Club for a joint election to
be held on May 12, 2007.
EXPLANATION:
Tarrant County will have a polling site in the Public Services Conference Room on
Saturday, May 12, 2007 from 7:00 a.m. to 7:00 p.m. This will allow the Tarrant County
voters to vote for both the Constitutional Amendment and Town Election at one location.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Agreement
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JOINT ELECTION AGREEMENT
This Joint Election Agreement is made by and between the Tarrant County and the Town of Trophy Club
for a joint election to be held on May 12, 2007 pursuant to Chapter 271 of the Election Code and this
agreement.
Tarrant County is holding a special election on May 12, 2007 and the Town of Trophy Club is holding a
general election on May 12, 2007. In Consideration of the mutual benefits to the parties, it is agreed as
follows:
1. The parties agree to hold a “joint election” insofar as sharing a mutual polling place at
the Town of Trophy Club, Public Services Building on election day. Election day voting
shall be conducted by separate election officials using separate ballots and voting
equipment at the common polling place.
2. Early Voting shall be conducted separately and not affected by this joint election
agreement.
3. It is agreed that in exchange for the convenience afforded the Tarrant County voters of
the Town of Trophy Club, the Town will not charge Tarrant County for use of the Town’s
facilities as a polling place on election day.
IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows,
to-wit:
1) It has on the ____ day of __________, 2007 been executed by the Tarrant
County Judge pursuant to an order of the Commissioners Court so authorizing;
2) It has on the 2nd day of April, 2007 been executed on behalf of the Town of
Trophy Club pursuant to action of the Town Council so authorizing;
ACCEPTED AND AGREED TO BY TARRANT COUNTY:
APPROVED: ATTEST:
____________________________ ___________________________
B. Glen Whitley Suzanne Henderson
COUNTY JUDGE COUNTY CLERK
ACCEPTED AND AGREED TO BY THE TOWN OF TROPHY CLUB:
APPROVED: ATTEST:
____________________________ ___________________________
Nick Sanders Lisa Ramsey
MAYOR TOWN SECRETARY
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.C.1
Public Hearing: Conduct a public hearing to receive comments relative to a
request for amendment to Planned Development District No. 27, known as
The Highlands at Trophy Club, by amending PD-27 in its entirety to reflect
changes to various sections of PD-27, including: Exhibit "B" -
"Development Standards: Section III, "Definitions"; Section IV, "Lot Type
Regulations"; Table No. 4-1, "Summary of Lot Type Regulations"; Section
V, "Neighborhood Regulations"; Table No. 5-1, "Neighborhood Lot and
Density Summary"; Section VI, "Development and Design Standards";
Table No. 6-1, "Roadway Standards"; Section VII, "Park and Open Space
Requirements"; Section VIII, "Development Schedule"; Exhibit "C",
"Concept Plan"; Exhibit "D", "Street Type Exhibits"; Exhibit "E", "Park
Concept Plans"; and Exhibit "F", "Pathway Plan". Applicant: Carter &
Burgess, Inc., Authorized Agent of Centurion Acquisitions, L.P.; 831
Trophy, L.P.; Standards Pacific of Texas, L.P.; K. Hovnanian Homes - DFW,
L.L.C.; C Oil Investments LTD. (PDAMD-07-023)
(sld)
Attachments: 1. Planning & Zoning Recommendations to Town Council
2. Proposed PD-27, The Highlands at Trophy Club
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PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their March 15, 2007 Regular Session
Meeting made a recommendation to the Town Council to approve proposed PD-
27 with the following revisions. The applicant has agreed with the
recommendations of the Planning & Zoning Commission and has incorporated
them into their submittal dated March 19, 2007.
The following changes were made during the last three Planning & Zoning Commission
meetings concerning amendments to PD-27. The page numbers reflected in this list
refer to the page numbers on the scanned ordinance in your packet, not the actual
packet pages.
• Page 15:
o Revised PD acreage total to approximately 697 acres
• Page 16:
o Provided a general update to the project location exhibit
o Revised Trophy Club Drive to Trophy Lake Drive on the Exhibit
o Revised acreage total
• Page 17:
o Section II, Paragraph A 4, Provided a correction to the Exhibit reference
• Page 18:
o Definition for The Highlands at Trophy Club Concept Plan, corrected
exhibit reference from Exhibit A to Exhibit C
o Definition to Side Street – removed reference to alleys
• Page 19:
o Revised town home structure definitions to include 6 units instead of 3
units
• Page 21:
o Garage: Removed reference to “main façade” and replaced with “front
building line”
• Page 23:
o Garage: Removed reference to “main façade” and replaced with “front
building line”
• Page 24:
o Lot Type 3, Section 5, Minimum Floor Area – inserted 1800 square foot
minimum. Removed table showing golf course lots and minimum one
story, one and a half and two story square foot minimums.
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• Page 25:
o Side yard - changed to a 5 foot minimum from a 6 foot minimum
o Garage – deleted the 4 architectural enhancements
• Page 26:
o Minimum floor area – inserted 1600 square foot minimum on one story
building and 1800 square foot minimum for two story building. Removed
table showing golf course lots and minimum one story, one and a half and
two story square foot minimums.
• Page 27:
o Garages - removed the option of two separate bays with a 6 inch
separation
• Page 28 - 29
o Paragraph 1 – minimum lot square footage increased to 3000 from 2500
o Paragraph 5 – minimum lot square footage increased to 3000 from 2500
o NEW:
Minimum Floor Area: 1,400 square feet. A minimum of 70% of the
units shall have a minimum floor area of 1,600
square feet.
Front Yard: Shall alternate from 20’ to 23’ or 25’ for each
townhome structure to create a variety of front
yards on each street. A 20’ and 25’ front yard
shall be the typical stagger as long as a 70’
pad can be constructed within the building area
of a 30’ X 105’ lot. A 23’ setback shall only be
used where a 70’ pad can not be constructed.
The front building line for each lot shall be
shown on the Final Plat for the subdivision.
OLD:
Minimum Floor Area: 1,350 square feet
Front Yard: Shall be 15’ or 20’ and alternate for each
townhome structure. The minimum front
building line for each lot shall be shown on the
Final plat for the Subdivision, to create a
variety of front yards on each street.
• Pages 29-30:
o Lot width changed to 30 feet from 25 feet
o NEW:
Length of Structures: Maximum six (6) units per structure. A
maximum of 30% of the units shall be in
a five (5) or six (6) unit structure. A
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maximum of 65% of the units shall be in
a four (4) unit structure.
Garages: May face front or side street. Garage
doors facing a street must have one of
the following:
1. Covered by a minimum 4’ deep
Porte-cochere or eave, or
2. Set back 10’ minimum from front
building line; and at least one of the
following:
3. Architectural enhancements to
garage doors, which can include
decorative hardware, decorative
windows, or panel detailing.
6. Screening Regulations: Lot Type 5 shall be screened from
thoroughfares. Screening materials shall be a combination of
masonry, wrought iron, berms, and plant materials.
7. Layout of Structures: Six (6) unit structures on the same street
shall be separated by a four (4) unit (or smaller) structure.
OLD:
Length of Structures: Maximum three (3) units per structure.
Appearance of Structures: All town home structures shall be
designed with the appearance of a
single family residential structure.
Garages: Must face a residential alley unless
approved otherwise on the Site Plan.
6. Screening Regulations: Lot Type 5 shall be screened from
thoroughfares. Screening materials shall be a combination of
masonry, wrought iron, and plant materials
• Page 31
o Various modifications to reflect previously shown changes
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• Pages 32 - 34
o Section 5 Paragraphs A though I – lot counts revised to more accurately
reflect concept plan
o Total lot count revised to 1564 from 1535
• Page 35 – 38
o New figures added to document
• Page 39
o Table 5-1 – changed to more accurately reflect concept plan lot counts
• Page 49 section 6A-3
o A new street classification of Residential Avenue - 60 foot Right of Way
has been added
• Page 52
o Table 6-1 – Residential Avenue - 60 foot Right of Way added
• Page 57
o All references to Beck Park has been removed
o NEW
Park Dedication Area Summary
Total Area Active Use Area Passive Use Area
Location (Acres) (Acres) (Acres)
Northwest Park
Addition
13 11 2
Northeast Park 16 8 8
Open Space 100 100
Total: 129 19 110
OLD
Park Dedication Area Summary
Total Area Active Use Area Passive Use Area
Location (Acres) (Acres) (Acres)
Northwest Park
Addition
13 11 2
Northeast Park 17 8 9
Beck Park 7 7
Open Space 115 115
Total: 152 26 126
• Page 58 – Section 7, Development Schedule total build out increased by one
year and total lot count changed to 1564
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• Page 59 - Exhibit C
o Acreage total revised.
• Page 61 – Exhibit D
o Residential Avenue - 60 foot Right of Way added
o Sidewalk note added to each street type exhibit
• Page 74
o Pathway Concept Plan illustrates revisions proposed by the Developer
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.D.1
Discuss and take appropriate action relative to an Ordinance amending
Planned Development District No. 27, known as The Highlands at Trophy
Club, by amending PD-27 in its entirety to reflect changes to various
sections of PD-27, including: Exhibit "B" - "Development Standards:
Section III, "Definitions"; Section IV, "Lot Type Regulations"; Table No. 4-1,
"Summary of Lot Type Regulations"; Section V, "Neighborhood
Regulations"; Table No. 5-1, "Neighborhood Lot and Density Summary";
Section VI, "Development and Design Standards"; Table No. 6-1, "Roadway
Standards"; Section VII, "Park and Open Space Requirements"; Section
VIII, "Development Schedule"; Exhibit "C", "Concept Plan"; Exhibit "D",
"Street Type Exhibits"; Exhibit "E", "Park Concept Plans"; and Exhibit "F",
"Pathway Plan". Applicant: Carter & Burgess, Inc., Authorized Agent of
Centurion Acquisitions, L.P.; 831 Trophy, L.P.; Standards Pacific of Texas,
L.P.; K. Hovnanian Homes - DFW, L.L.C.; C Oil Investments LTD. (PDAMD-
07-023)
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(sd)
Attachments: 1. Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007-____ P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
ORDINANCE NO. 2006-11 CREATING PD PLANNED DEVELOPMENT
DISTRICT NO. 27, THE SAME HAVING AMENDED 2000-06 P&Z OF THE
TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE,
AND HAVING AMENDED THE OFFICIAL ZONING MAP OF THE TOWN, BY
ADOPTING THIS ORDINANCE TO REFLECT CHANGES TO THE
REGULATIONS GOVERNING PD NO. 27 AND WITH THE PROVISIONS OF
THIS ORDINANCE REPLACING IN THEIR ENTIRETY THE REGULATIONS
SET FORTH IN ORDINANCE NO. 2006-11 AS MORE FULLY DESCRIBED
BELOW; PROVIDING THAT THE ZONING REGULATIONS CONTAINED IN
THIS ORDINANCE ARE APPLICABLE TO ALL THOSE CERTAIN TRACTS OF
LAND WHICH COMPRISE PD NO. 27 AND DESCRIBED AS A TOTAL OF
696.9 ACRES OF LAND LOCATED GENERALLY 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 CITY LIMIT AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT “A”, (A COPY OF WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN) FROM ITS CURRENT ZONING AS SET FORTH IN
ORDINANCE NO. 2006-11 TO THAT SET FORTH IN THIS ORDINANCE; AND
PROVIDING A ZONE CHANGE EXHIBIT MAP, TO PD PLANNED
DEVELOPMENT NO. 27, TO BE KNOWN AS THE HIGHLANDS AT TROPHY
CLUB; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE
ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF
THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE
AMENDMENTS TO PD PLANNED DEVELOPMENT NO. 27 ZONING
DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING AND
INCORPORATING EXHIBIT “B”, ENTITLED “DEVELOPMENT STANDARDS”;
ESTABLISHING A PROJECT LOCATION; PROVIDING A PURPOSE AND
INTENT; ESTABLISHING APPLICABILITY; PROVIDING DEFINITIONS;
PROVIDING LOT TYPE REGULATIONS; PROVIDING A SUMMARY OF LOT
TYPE REGULATIONS FOR LOT TYPES 1-5; ESTABLISHING
NEIGHBORHOOD REGULATIONS FOR NEIGHBORHOODS 1-9; PROVIDING
A NEIGHBORHOOD LOT AND DENSITY SUMMARY; SETTING FORTH
REGULATIONS FOR THE VILLAGE CENTER, INCLUDING PERMITTED
USES AND ARCHITECTURAL AND SITE DESIGN STANDARDS;
PRESCRIBING DEVELOPMENT AND DESIGN STANDARDS INCLUDING
STREET TYPES, ROADWAY STANDARDS ACCESSORY STRUCTURES,
SCREENING & FENCES, LANDSCAPE STANDARDS, OFF-STREET
PARKING REQUIREMENTS AND RESIDENTIAL ARCHITECTURAL
STANDARDS; ESTABLISHING PARKS AND OPEN SPACE
REQUIREMENTS; PROVIDING A DEVELOPMENT SCHEDULE; PROVIDING
& INCORPORATING EXHIBIT “C”, ENTITLED “CONCEPT PLAN”;
PROVIDING & INCORPORATING EXHIBIT “D” ENTITLED “STREET TYPE
EXHIBITS”; PROVIDING AND INCORPORATING EXHIBIT “E”, ENTITLED
“PARK CONCEPT PLANS”, DETAILING NORTHEAST AND NORTHWEST
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PARK CONCEPT PLANS; PROVIDING AND INCORPORATING EXHIBIT “F”,
ENTITLED “PATHWAY PLAN”; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FINDINGS; PROVIDING REZONING; PROVIDING
APPLICABLE REGULATIONS; PROVIDING FOR A ZONING MAP
AMENDMENT; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE. (PDAMD-07-23)
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a
Home Rule Municipality acting under its Charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and
WHEREAS, the Town previously approved Ordinance No. 2006-11 P&Z creating
PD Planned Development No. 27, known as The Highlands at Trophy Club (hereinafter
“PD No. 27”); and
WHEREAS, the owner of the land zoned PD No. 27 (hereinafter referred to as
“Land”), filed an application with the Town requesting various amendments to the
regulations governing PD No. 27, including amendments to provisions relating to total
acreage, definitions, town home structures, garages, minimum floor areas, side yards,
lot widths, screening regulations, layout of structures, lot counts, concept plans, park
dedication, streets, and the pathway concept plan; and
WHEREAS, the Land is more specifically described in Exhibit “A”, a copy of
which is attached hereto and incorporated herein, and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the case to amend PD No. 27 came before the Planning and Zoning Commission;
and
WHEREAS, after public notices were given in compliance with State law and
public hearings were conducted, and after considering the information submitted at
those public hearings and all other relevant information and materials, the Planning and
Zoning Commission of the Town has recommended to the Town Council the adoption of
the amendments to Ordinance No. 2006-11 as set forth in this Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and conditions,
a public hearing was held before Town Council at which the Town Council considered
the proposed amendments and considered, among other things, the impact of the
proposed amendments on density, the character of the land and its suitability for
particular uses, with a view of encouraging the most appropriate use of land in the
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Town, and does hereby find that the rezoning approved hereby accomplishes such
objectives; and
WHEREAS, the Town Council has determined that the proposed amendments to
the standards set forth in PD No. 27 provide appropriate regulatory requirements to
control future residential and non-residential developments in accordance with the
Town’s Comprehensive Land Use Plan and other ordinances relating to land use and
zoning; and
WHEREAS, the Town Council has determined that there is a necessity for the
amendments to Ordinance No. 2006-11 adopting PD No. 27 to be approved and due to
the scope of the amendments to those regulations contained in Ordinance No. 2006-11,
the Town Council has determined that this Ordinance should be adopted, that the
proposed change is consistent with the Comprehensive Land Use Plan, and that the
terms of this Ordinance shall replace those terms contained in Ordinance No. 2006-11
in their entirety except as may be specifically set forth herein;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
FINDINGS
After due deliberations and consideration of the recommendation of the Planning
and Zoning Commission and the information and other materials received at the public
hearing, the Town Council has concluded that the adoption of this Ordinance is
consistent with the Comprehensive Land Use Plan and general zoning of the Town and
in the best interests of the Town of Trophy Club, Texas, and of the public health, safety
and welfare.
SECTION 3.
REZONING
A Ordinance No. 2006-11 adopting PD Planned Development District No. 27 of the
Town of Trophy Club, is hereby amended so that it reads in its entirety as follows;
provided however, that any terms and conditions contained in Ordinance No. 2006-
11 relative to the amendment of the Town’s Comprehensive Plan (Ordinance No.
2000-06 P&Z) shall remain in full force and effect:
1. Rezoning: The zoning on the Land, more particularly described in Exhibit
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“A”, attached hereto and incorporated herein, is zoned as PD Planned
Development District No. 27, consisting of approximately 696.9 acres of land,
for use in accordance with the requirements of this Ordinance and all other
applicable ordinances, rules, and regulations of the Town. Requirements of
this Ordinance are more specifically described and set forth in Exhibits “A”,
“B”, “C”, “D”, “E”, and “F”, which are attached hereto and incorporated herein
for all purposes, and shall apply to all 696.9 acres of PD Planned
Development No. 27 unless otherwise specified in such Exhibits. In the event
of any ambiguities or conflicts between the written word in the Development
Standards of this Ordinance and the illustrations provided in the Exhibits to
this Ordinance, the Development Standards of this Ordinance shall control.
a. Development Standards: The development standards for this PD
Planned Development are attached hereto as Exhibit “B”, “Development
Standards”, and are incorporated herein as if copied in their entirety.
Such standards and regulations include, but are not limited to, a project
location map, purpose and intent, applicability, definitions, lot type
regulations for lot types 1-5, a summary of lot type regulations for
neighborhoods 1-9 (including without limitation Table No. 4-1 and Figure
No. 5-1 through Figure No. 5-2), neighborhood lot and density summary;
village center regulations including but not limited to permitted uses,
architectural and site design standards; development and design
standards including but not limited to street types, Trophy Club Drive,
minor collector, local street, local two-way court, local one-way court,
alley, roadway standards (including without limitation Table No. 6-1),
accessory structures, screening and fences, landscape standards, off-
street parking requirements, residential architectural standards, building
materials, garages, signage in residential areas, HVAC screening,
lighting, franchise utilities, elevations; park and open space
requirements; and a development schedule. Such Development
Standards shall be adhered to in carrying out the development of the
land in accordance with this Ordinance, and shall individually and
collectively constitute conditions precedent to the granting of any building
permit or Certificate of Occupancy for all structures within PD Planned
Development No. 27.
b. Concept Plan: A concept plan for the Land, and all parts thereof, is
attached hereto as Exhibit “C”, “Concept Plan” and incorporated herein
as if copied in its entirety. Such Concept Plan shall be adhered to in
carrying out the development of the land in accordance with this
Ordinance, and compliance with each and every part of this Ordinance
and such plan shall constitute a condition precedent to the issuance of
any building permit for the land within PD Planned Development District
No. 27.
c. Street Types: The street types for this PD Planned Development are
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attached hereto as Exhibit “D”, “Street Types”, and are incorporated
herein as if copied in their entirety. Such street type standards shall be
adhered to in carrying out the development of the land in accordance
with this Ordinance, and compliance with each and every part this
Ordinance and of such plan shall constitute a condition precedent to the
issuance of any building permit for the land within PD Planned
Development District No. 27.
d. Park Plan Concepts: The park plan concepts for this PD Planned
Development are attached hereto as Exhibit “E”, “Park Plan Concepts”,
and are incorporated herein as if copied in their entirety. Such Park Plan
Concepts shall be adhered to in carrying out the development of the land
in accordance with this Ordinance, and compliance with each and every
part of this Ordinance and such plan shall constitute a condition
precedent to the issuance of any building permit for the land within PD
Planned Development District No. 27.
e. Pathway Plan: The pathway plan areas for this PD Planned
Development are attached hereto as Exhibit “F”, “Pathway Plan”, and are
incorporated herein as if copied in their entirety. Such Pathway Plan
shall be adhered to in carrying out the development of the land in
accordance with this Ordinance, and compliance with each and every
part of this Ordinance and such plan shall constitute a condition
precedent to the issuance of any building permit for the land within PD
Planned Development District No. 27.
SECTION 4.
APPLICABLE REGULATIONS
In all respects the Land shall be subject to the applicable regulations contained in
the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances
and regulations of the Town.
SECTION 5.
ZONING MAP
The Planning and Zoning Coordinator is hereby directed to mark and indicate on
the official Zoning District Map of the Town the zoning change herein made.
SECTION 6.
CUMULATIVE REPEALER
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That this Ordinance shall be cumulative of all other Ordinances and shall not
repeal any of the provisions of such Ordinances except for those instances where there
are direct conflicts with the provisions of this Ordinance or as specifically provided
otherwise in this Ordinance.
SECTION 7.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all violations of the provisions of any other Ordinance affecting regulations
governing and regulating the zoning, platting, and subdivision of land which have
secured at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such Ordinances same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 8.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 9.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day or part of a day during or on
which a violation occurs or continues.
SECTION 10.
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 and Town Charter.
SECTION 11.
ENGROSSMENT & ENROLLMENT
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The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance in accordance with the Town Charter and applicable law.
SECTION 12.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 2nd day of April, 2007.
Mayor
Town of Trophy Club, Texas
Effective
Date:
____________________
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to a request for Meritorious
Exception to Article IV, "Sign Regulations", Section 4.06, "Commercial and
Institutional Signs" of Chapter 5, "General Land Use", for one additional
Development Sign for Phase II of the Eagles Ridge subdivision, to be
located at 322 Eagles Court. Applicant: First Graphic Services, Inc.
STAFF COMMENTS:
At their March 15, 2007, the Planning and Zoning Commission unanimously
recommended approval of this request.
Per the Town’s sign code, only one (1) development sign is permitted per
project/premise.
Sign Type Number Size Height Duration Zoning District
Development 1 per project/premise 32 sq ft 5 ft 90% of all
lots/houses sold
All Districts
The development already has one sign located at 515 Clear Vista Drive. The applicant
is requesting one additional sign to be located at 322 Eagles Court.
(sld)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.D.3
Discuss and take appropriate action amending Resolution 2006-24 by
amending to appoint one citizen to one seat on Planning and Zoning
Commission for the remainder of the unexpired term expiring in 2007.
EXPLANATION:
The following is from the Handbook for Elected and Appointed Officials.
Mid-Term Vacancy
When a member of a board or commission resigns midterm, the Staff Liaison will obtain a letter of
resignation from the member and will forward to the Town Secretary.
In cases where applications exceeding the number of open seats were received during the Annual
Appointment process, applicants who were not appointed during the annual appointment process will be
considered first. The Town Secretary will confirm those applicants’ continued interest and then forward
the previously submitted application to the Town Council for review and consideration for appointment.
In cases where applications did not exceed the number of open seats during the Annual Appointment
process the vacancy will be posted.
The Town Secretary will ensure that the vacancy is posted:
• on the marquees on Trophy Club Drive, Trophy Lake Drive and Trophy
• Wood Drive for a period of at least 3 days, or as time allows;
• on cable’s public information channel for a period of two weeks; and
• on the Town’s web page at: www.ci.trophyclub.tx.us, for a period of two weeks.
Members appointed to fill vacancies serve out the remainder of a predecessor’s term.
The following applicants applied on 9/18/06 for Annual Appointment to fill three vacant seats on the P & Z
Commission:
Robert Ashby, James Stephens, Dennis Sheridan, Alejandro Sanchez and Cy Holly. Cy Holly withdrew
on 9/13 and Robert Ashby, James Stephens, Dennis Sheridan were reappointment.
On March 7, 2007, I confirmed Mr. Alejandro Sanchez interest and forwarded his application to Kerin
Fleck and Gene Hill.
RECOMMENDATION:
ACTION BY COUNCIL:
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Attachments: 1. Application
2. Resolution
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2007-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2006-24, TO
FILL A VACANCY ON PLANNING AND ZONING COMMISSION BY
APPOINTING ONE (1) CITIZEN TO P & Z FOR THE REMAINDER OF
THE UNEXPIRED TERM (EXPIRING IN OCTOBER, 2007); PROVIDING
THAT THE REMAINDER OF RESOLUTION NO. 2006-24 SHALL
CONTINUE IN FULL FORCE AND EFFECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town benefits by having its citizens involved in local government
through service on Town Committees and Boards; and
WHEREAS, since the adoption of Resolution No. 2006-24, one vacancy has
been created on the Planning and Zoning Commission, by the resignation of Steven
Stamos; and
WHEREAS, the Town Council has reviewed the qualifications of applicants for
service on the Planning and Zoning Commission and has determined that the
appointment of one of those applicants identified herein below is appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That Section 2 of Resolution No. 2006-24 is hereby amended to
reflect the appointment of the following individual to serve on the Planning and Zoning
Commission with such term of service ending on October 1 of the year specified below:
Planning and Zoning
1. (2007)
Section 2. That all of the other terms and provisions of Resolution No. 2006-
24 not in conflict with the terms of this Resolution shall continue in full force and effect.
Section 3. That this Resolution shall become effective from and after its date
of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 2nd day of April, 2007.
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________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________________
Town Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
____________________________________
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.D.4
Discuss and take appropriate action regarding The Highlands At Trophy
Club Development and Public Improvement District Agreement.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(be)
Attachments: 1. Benchmarks
2. Southwest Securities Review of the Highlands of Trophy Club
Development PID agreement.
3. Draft Development and PID Agreement
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Highlands at Trophy Club Development Benchmarks:
PID Agreement - Proposed by Staff, Legal Counsel and Consultants. (In Progress
expected approval 4/16)
PID Petition– Proposed by Owner. Publication has been made. Public Hearing
planned on 4/16
PD 27 Amendment – Proposed by Owner. Recommended for approval by P&Z.
Presented to Council on 4/2
Early Grading Permits – Submitted to staff, reviewed by consulting engineers and staff.
Expected approval mid-April
Water/Waste Water Contract - Draft presented to MUD on 3/8, Reviewed by Directors
of MUD1 and MUD2, Comments
Bond Documents – Prepared by Vinson & Elkins. Expected completion June
Service Assessment Plan – Prepared by MuniCap. Presented to Council prior to debt
issuance
Issuance of Debt - Approved by Council based on Recommendations and Guidance of
Southwest Securities May or June
Approval of Infrastructure Plans
Approval Final Plats and Developer’s Agreements
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THE HIGHLANDS AT TROPHY CLUB
DEVELOPMENT AND PUBLIC IMPROVEMENT DISTRICT AGREEMENT
THIS TROPHY CLUB DEVELOPMENT AND PUBLIC IMPROVEMENT DISTRICT
AGREEMENT (this "Agreement") is executed by and between 831 Trophy, L.P., a
Texas limited partnership ("Owner"), and the Town of Trophy Club, a home rule
municipality located in Denton and Tarrant County, Texas (the "Town") to be effective
________________ (the "Effective Date"). Owner and the Town are sometimes
individually referred to as a "Party" and collectively as the "Parties"
ARTICLE I
RECITALS
WHEREAS, all capitalized terms used herein are defined in Article II; and
WHEREAS, Owner is a Texas limited partnership; and
WHEREAS, the Town is a home rule municipality located in Denton and Tarrant
County, Texas; and
WHEREAS, Owner is the owner of the Property; and
WHEREAS, the Property is located entirely within the Town limits but outside MUD 1
and MUD 2 which are governed by individual boards and, pursuant to an interlocal
agreement, are governed jointly by the Master District; and
WHEREAS, Owner intends to construct certain improvements necessary to serve The
Highlands at Trophy Club, a master-planned residential community comprised of
approximately 1,486 residential units located within the Property, which Property is
zoned to permit such use pursuant to the PD Zoning; and
WHEREAS, the Parties intend for the Town to be the retail provider of water and
wastewater services to the Property; and
WHEREAS, the Parties acknowledge that the Town must first acquire water supply
capacity and wastewater treatment capacity before the Town can provide retail water
and wastewater services to the Property; and
WHEREAS, Owner intends to work with the Town and other jurisdictions to acquire
water supply capacity and wastewater treatment capacity; and
WHEREAS, the Town intends to rebate to owner utility fees in excess of the Town’s
costs of acquiring water supply capacity and wastewater treatment capacity; and
WHEREAS, the Parties acknowledge that the Town, including the Property, would
benefit from the Connector Road; and
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WHEREAS, the Parties understand that Denton County and Northwest Independent
School District may participate in the construction of the Connector Road; and
WHEREAS, Owner intends to work with the Town and other jurisdictions to construct
the Connector Road; and
WHEREAS, the Parties agree to establish certain restrictions and expectations
regarding the development of the Property and the construction and funding of the
Public Improvements that provide a special benefit to the Property; and
WHEREAS, Owner and Town estimate that the cost of the Public Improvements shall
be $21,675,000 which is the maximum amount to be financed with the proceeds from
the PIDBonds; and
WHEREAS, the Subdivision Regulations and Subdividers Agreement require Owner to
pay 100% of the costs of the public improvements, including the costs, if any, of
acquisition of any additional and necessary public rights of way and easements, and the
Town has agreed to exercise its powers under the PID Act, and to provide alternative
financing arrangements that will enable Owner to be reimbursed for a specified portion
of such costs that are paid by Owner from the proceeds of PID Bonds that are payable
solely and exclusively from the receipts collected from the Bond Security, all in
accordance with the procedures and requirements of the PID Act; and
WHEREAS, upon receipt of a legally compliant petition signed by the Owner(s) of
100% of the Property affected thereby, the Town, subject to the consent and approval of
the Town Council, and in accordance with the terms of this Agreement and all legal
requirements, intends to: (i) consider and act upon the creation of the PID
encompassing the Property, in accordance with the PID Act; (ii) adopt the Service and
Assessment Plan; (iii) adopt the Infrastructure Assessment Ordinance (to pay for the
estimated cost of the Public Improvements shown on Exhibit B and the costs
associated with the administration of the PID and the issuance of the PID Bonds, not to
exceed the Infrastructure Assessment; (iv) adopt the Services Assessment Ordinance
and (v) issue, in one series, up to $27,000,000 principal amount of PID Bonds for the
purpose of reimbursing Owner for the cost of the Public Improvements and paying
associated costs as described herein; and
WHEREAS, subject to the appropriate Town Council approval, the Parties anticipate
that the Town will issue up to $27,000,000 principal amount of PID Bonds to finance the
Public Improvements; and
WHEREAS, it is the intent of this Agreement to establish certain restrictions and impose
certain commitments in connection with the development of the Property and the Parties
hereto are proceeding in reliance on the enforceability of this Agreement; and
NOW, THEREFORE, for and in consideration of the mutual obligations of the Parties
set forth in this Agreement, and for other good and valuable consideration, the receipt
and adequacy of which are acknowledged, the Parties agree as follows:
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DEFINITIONS
Unless the context requires otherwise, the following terms shall have the meanings
hereinafter set forth:
Administrative Costs shall include, without limitation, expenses incurred in the
establishment, administration, and operation of the PID.
Assessment Company means MuniCap, Inc. or another firm mutually acceptable to the
Town and Owner.
Assessments mean the Infrastructure Assessment and the Services Assessment.
Bond Indenture means the indenture under which the PID Bonds were issued.
Bond Ordinance means and refers to an ordinance of the Town Council that will
authorize and approve the issuance and sale to a financial institution approved by the
Town and Owner of bonds or refunding bonds and provides for their security and
payment, either under the terms of said ordinance or a trust indenture approved
therewith.
Bond Security means assessments levied against the Property by the Town.
Concept Plan means the concept plan approved by the Town with the PD Zoning.
Connector Road means a connector road from the southeast corner of the property
owned by Northwest Independent School District to U.S. 377.
Construction Fund means the interest bearing construction fund account created under
the Bond Indenture.
Emergency Services shall include, without limitation, fire suppression and control,
inspection services, arson investigations, hazardous material response, search and
rescue, emergency recovery and extraction, the pre-hospital medical stabilization or
transportation of persons who are sick, injured, 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.
End Buyer means any owner, developer, tenant, user, or occupant of a Fully Developed
and Improved Lot.
Estoppel Fees means the $200 fee paid to the Town for a written estoppel certificate.
Fully Developed and Improved Lot means any lot, regardless of proposed use, which is
served by Public Improvements and for which a final plat has been approved by the
Town and recorded in the real property records of Denton County.
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Home Buyer Disclosure Program means the disclosure program, adopted by the
Assessment Company, that establishes a mechanism to disclose to each End Buyer the
terms and conditions under which their lot is burdened by the PID.
Infrastructure Assessment means that assessment levied by the Town Council pursuant
to the Infrastructure Assessment Ordinance which amounts are estimated on Exhibit C.
Infrastructure Assessment Ordinance means the ordinance approved by the Town
Council which levies assessments on the Property to pay fo rr the costs of the Public
Improvements as well as the costs associated with the administration of the PID and the
issuance of the PID bonds.
Inspection Fees means the Town's duly adopted Schedule of Fees Ordinance, as
amended from time to time.
Master District means the Trophy Club Master District.
MUD 1 means the Trophy Club Municipal Utility District No. 1.
MUD 2 means the Trophy Club Municipal Utility District No. 2.
Notice means the notice required or contemplated by this Agreement (or otherwise
given in connection with this Agreement).
PD Zoning means Town Ordinance No. 2006-11 approved on May 8, 2006, as
amended by Town Ordinance No. 2007-11, approved on __________, 2007, which may
be amended from time to time on application by Owner.
PID means the Trophy Club Public Improvement District No. 1.
PID Act means Chapter 372, Texas Local Government Code, as amended.
PID Bonds means the revenue bonds secured solely by the Infrastructure
Assessments.Property means the real property described and depicted in Exhibit A, a
copy of which is attached hereto and incorporated herein.
Public Improvement means each of those improvements allowed by the PID Act and
specifically identified in Exhibit B, a copy of which is attached hereto and incorporated
herein. All or a collection of more than one Public Improvement is sometimes referred
to as the Public Improvements.
Public Improvement Costs means the costs of the Public Improvements.
Schedule of Fees Ordinance means an ordinance duly adopted by the Town that levies
uniform fees associated with the development of real property in the Town.
Service and Assessment Plan means the Trophy Club Public Improvement District No.
1 Service and Assessment Plan, to be adopted by the Town Council for the purpose of
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assessing allocated costs against property located within the boundaries of the PID
having terms, provisions and findings approved and agreed to by Owner and the Town,
as required by this Agreement.
Services Assessment means that assessment levied annually by the Town Council for
Emergency Services and Administrative Costs.
Services Assessment Ordinance means each Ordinance approved by the Town Council
levying, on an annual basis, the Services Assessment.
Shared Cost Public Improvement means a public improvement in which the PID shall
participate in the funding, acquisition, and construction of the public improvement, but
only to the extent that the Property benefits from the Shared Cost Public Improvement
as determined in the Service and Assessment Plan. Unless otherwise expressly stated,
the term means the Water Tower as defined herein.
Subdividers Agreement means the subdividers agreement required by the Subdivision
Regulations.
Subdivision Regulations means the duly adopted subdivision regulations of the Town
that were in effect as of the Effective Date.
Town means the Town of Trophy Club, a home rule municipality located in Denton and
Tarrant County, Texas.
Town Council means the Town Council of the Town.
Town Ordinances means the applicable ordinances of the Town that were in effect as of
the Effective Date.
Trophy Club Public Improvement District No. 1 means the public improvement district
containing the Property and to be created by the Town pursuant to the PID Act and this
Agreement.
Utility Fee means the fee paid for the right to connect to existing services, exclusive of
monthly charges for service and usage.
Water Tower means the minimum 500,000 gallon elevated water storage tower to be
constructed on or near the Property.
Water Tower Costs means the costs of construction of the Water Tower.
ARTICLE II
DEVELOPMENT STANDARDS
2.1 Planned Development District and Concept Plan. Owner shall develop the
Property in compliance with the PD Zoning and the attached Concept Plan in effect on
the Effective Date and in compliance with subsequent amendments to the PD Zoning
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and Concept Plan approved by the Town pursuant to the customary Town approval
process for zoning and concept plans. Additionally, upon the Town's issuance of
applicable permits and approvals, Owner agrees to proceed diligently with the
construction and development of the public improvements under and in accordance with
the terms, provisions, and conditions stated in the applicable Subdividers Agreement.
2.2 Phasing. The Parties acknowledge that the Property will be developed in
phases, which phases shall be determined by Owner. Owner may submit plats for all or
any portion of the Property in any sequence, at its option.
2.3 Preliminary Plats. Preliminary plats for all or a portion of the Property shall be in
conformance with the Concept Plan. Street and lot layout may vary from the Concept
Plan without the requirement of the submittal of a new Concept Plan, as provided in this
Agreement.
2.4 Vested Rights. This Agreement shall constitute a "permit" (as defined in Chapter
245 of the Texas Local Government Code) that is deemed filed with the Town on the
Effective Date. Such "permit" vests Owner with the right to develop the property in
accordance with this Agreement, the PD Zoning and the Concept Plan, subject to the
requirements of the Subdividers Agreement. Owner does not, by entering into this
Agreement, waive any rights or obligations arising under Chapter 245 of the Texas
Local Government Code. Notwithstanding the foregoing, Owner waives any and all
claims that Owner has or may have that any term or provision of this Agreement
violates Section 212.904 of the Texas Local Government Code, as amended. By
entering into this Agreement, Owner acknowledges that it has reviewed the
apportionment of costs under this Agreement and finds those costs to be roughly
proportionate given all factors and in consideration for the Town’s approval of the PID.
Similarly, the Town does not waive (a) any defenses it may have to such rights and
claims by Owner, or (b) any rights and claims existing under Chapter 245 or 212 of the
Texas Local Government Code or under any other provision of law.
ARTICLE III
DEVELOPMENT CHARGES
3.1 Plat Review Fees. Development of any portion of the Property shall be subject to
payment to the Town of the applicable fees according to the Town's ordinances,
including without limitation the Schedule of Fees Ordinance adopted or amended from
time to time by the Town Council and in effect on the date of submittal of each plat
application.
3.2 Inspection Fees. All improvements, whether Public Improvements defined herein
or not, are subject to payment to the Town of reasonable inspection fees and charges in
accordance with this Agreement, the Subdividers Agreement, and all applicable Town
Ordinances, including without limitation, the Inspection Fees.
3.3 Utility Fees. After the Town issues the PID Bonds and within 30 days of the
award of a contract for the construction of the Water Tower, Owner shall pay $540,000
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to the Town to purchase water supply capacity and wastewater treatment capacity
which the Town intends to acquire and operate for the benefit of the Property. The
Town shall charge each applicant for a residential builder permit in need of a 5/8” meter
a fee of $2,300 for such water and wastewater capacity; provided however, that such
fee shall increase as meter size increases in accordance with applicable Town
ordinances.
3.4 Impact Fees. The Town will not levy any impact fees or other capital recovery
fees other than the Infrastructure Assessments levied pursuant to this Agreement and
the Service and Assessment Plan. This provision shall not prohibit the Town from
collecting impact fees that are levied by a third aprty and collected by the Town as a
pass through payment to such third party. Additionally, this section shall not limit the
Town Council’s legislative authority exercised consistent with state law.
ARTICLE IV
DEVELOPMENT CONDITIONS
4.1 Subdividers Agreement. None of the terms and provisions of this Agreement
shall be construed or applied to limit, revise, or modify any of the obligations of Owner
under the Subdividers Agreement.
4.2 Water and Wastewater Capacity. Before the Town levies the Assessments, the
Town shall enter into an agreement to secure water and wastewater capacity for
development of the Property. The Town shall use its best efforts to complete this
agreement no later than May 2007. Owner acknowledges that Town will not be able to
provide water and sewer service until capacity is secured and that Town is not liable to
Owner for any delay in development that results from, arises out of, or relates to such
delay in obtaining water and sewer capacity or providing water and sewer service to the
Property. The Town shall also use its best efforts to rebate to Owner amounts in
excess of its costs of acquiring water supply capacity and wastewater treatment
capacity from utility fees collected by the Town pursuant to Section 3.3 of this
Agreement. Such rebate amount is calculated as follows: 1,486 lots x $2,300 per lot
utility fees = $3,417,800 + $540,000 = $3,957,800 - $3,800,000 = $157,800.
4.3 Water Tower. Owner's engineers shall prepare and provide all contract
specifications and necessary related documents for construction of the Water Tower
within 30 days after the amount collected from the PID Bonds is deposited in the
Construction Fund. After deposit of the monies collected from the PID Bonds and prior
to the award of a contract for the construction of the Water Tower, Owner shall deposit
into the Construction Fund an amount equal to the contract price less the amount
collected from the PID Bonds for construction of the Water Tower. Assuming the
Property will require 300,000 gallons of capacity, the Water Tower will be constructed
with a capacity of 500,000 gallons and an estimated construction cost of $1,200,000,
the Parties would expect the amount collected from the PID Bonds for construction of
the Water Tower to be $720,000, or 60% of the Water Tower Costs and Owner’s
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deposit into the Construction Fund for the Water Tower to be $480,000 [($1,200,000 -
$720,000 = $480,000). Owner shall not be responsible for cost overruns if the Town
elects to construct the Water Tower with a capacity in excess of 500,000 gallons.
4.4 Connector Road. The parties agree that the Connector Road is needed to
mitigate traffic impact resulting from the Project and to provide accessibility for the
Project. Neither the Town nor the PID will participate in the costs of the Connector
Road. It is anticipated that Northwest Independent School District and Denton County
will each participate in the associated cost by paying approximately $900,000 toward
the construction of the Connector Road with Owner to pay the remaining costs in
accordance with this section. Owner has requested and the Town is amenable to acting
as project manager for the construction of the Connector Road, provided that the Town
has the legal authority to undertake such construction, and that all entities having
jurisdiction over the Connector Road do not oppose the Town undertaking such
construction. It is anticipated that if all conditions are met for the Town to construct the
Connector Road. Owner's engineers shall then prepare and provide all contract
specifications and necessary related documents for construction of the Connector Road
within 30 days after the Town notifies Owner that Town is ready to proceed with
construction. It is estimated that the cost for constructing the Connector Road will be
approximately $3,500,000.00. Thirty (30) days prior to the award of a contract for the
construction of the Connector Road, Owner shall deposit an amount equal to the
contract price less Denton County’s contribution of $900,000 and less Northwest
Independent School District’s contribution of $900,000, into an account established by
Town for the costs of constructing the Connector Road. Owner is not obligated to
construct that portion of the Connector Road that requires the acquisition of land, rights-
of-way or easements outside the Property until the Town and other controlling
jurisdictions acquire the needed rights-of-way.
ARTICLE V
PUBLIC IMPROVEMENT DISTRICT
5.1 Creation / New Owners. The creation, establishment, and continued
operation of the PID by the Town in accordance with this Agreement is a condition to
Owner's continuing obligations as set forth in this Agreement. Following execution of
this Agreement, Owner shall petition the Town, as provided for in the PID Act and this
Agreement, for the creation of the PID and the levy of an Infrastructure Assessment and
a separate Services Assessment. If there are any sales of the Property subsequent to
the submission of the petition for the creation of the PID but prior to the PID’s creation,
such new owners must sign an additional petition requesting the creation of the PID.
5.2 Levy of Assessments. Subject to and after Town Council approval of the
creation of the PID, Owner, the Town and the Assessment Company, will work together
to prepare the Service and Assessment Plan providing for the levy of the Infrastructure
Assessment and the Services Assessment on the Property. The Service and
Assessment Plan will provide that the Town will levy and collect the Services
Assessment on an annual basis. The Town agrees that the cost of the Services
Assessment levied against the Property will be equitably allocated such that owners or
residents of the Property are not bearing a disproportionate burden of the costs of such
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services. Promptly following completion of a Service and Assessment Plan acceptable
to Owner and the Town and subject to Town Council making findings that the Public
Improvements and the Emergency Services confer a special benefit on the Property,
the Town Council shall consider an Infrastructure Assessment Ordinance and a
Services Assessment Ordinance. The Town shall use best efforts to initiate and
approve all necessary documents and ordinances required to effectuate this
Agreement, to create the PID and to levy the assessments. Owner and the Assessment
Company shall prepare the Service and Assessment Plan and develop the Property
consistent with the terms of this Agreement. Nothing contained in this Agreement shall
be construed as creating a contractual obligation that controls, waives, or supplants the
Town Council's legislative discretion
5.3 Acceptance of Assessments and Recordation of Covenants Running with the
Land. Concurrently with the levy of the Infrastructure Assessment and the Services
Assessment, Owner (and each other owner of any of the Property at the time of such
levy) shall approve and accept the levy of the Infrastructure Assessment and the
Services Assessment in writing and shall cause to be recorded against all of the
Property, covenants running with the land that will bind any and all current and
successor owners of the Property to pay the Infrastructure Assessment and the
Services Assessment, with applicable interest thereon, as and when due and payable
thereunder and that the purchasers of such land take their title subject to and expressly
assume the terms and provisions of such assessments and the liens created thereby.
ARTICLE VI
PUBLIC IMPROVEMENTS
6.1 Public Improvements. The Public Improvements listed on Exhibit B shall be
updated by Owner consistent with the Service and Assessment Plan and the PID Act
and shall reflect those public improvements on each approved final plat(s) for the
Property as each final plat for each phase of the Property is approved by Town Council.
Owner shall include an updated Exhibit B with each final plat application which shall
be submitted to Town Council for consideration and approval concurrently with the
submission of each final plat. Upon approval by Town Council of an updated Exhibit B
this Agreement shall be deemed amended by such approved updated Exhibit B. The
Public Improvement Costs and the timetable for installation of the Public Improvements,
will be reviewed annually by the Parties in an annual update of the Service and
Assessment Plan adopted and approved by the Town.
6.2 Shared Cost Public Improvements/the Water Tower. Shared Cost Public
Improvements include, but are not limited to, the Water Tower. Upon full development
of the Highlands of Trophy Club residential community, the Property will require 300,000
gallons of water per day, on average. The Town intends to construct the Water Tower
on or near the Property for the express purpose of storing water to supply to the
Property and for surrounding properties within the Town. The Water Tower shall be
constructed with a minimum 500,000 gallons of capacity. Because the Property will
only benefit from a portion of the Water Tower capacity, the PID shall fund only a
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percentage of the costs of acquisition and construction of the Water Tower in an amount
not to exceed that portion.
6.3 Construction, Ownership, and Transfer of Public Improvements.
(a) Construction Plans. Based upon Owner’s time estimates, the parties
expect that all Public Improvements will be completed within three years of the
issuance of the PID Bonds. Owner shall prepare plans and specifications for
each of the Public Improvements and submit them to the Town for approval in
accordance with this section. The Town shall have 30 business days from its
receipt of construction and/or engineering plans, or any amendment to previously
approved plans, to approve or deny the plans; otherwise the plans are deemed
approved.
(b) Contract Award. The contracts for construction of Public Improvements
shall be let in the name of the Town. Owner's engineers shall prepare and
provide all contract specifications and necessary related documents within thirty
(30) days of Town’s request for such documents. The Town shall administer all
contracts. The costs of construction shall be paid from PID bond funds in
accordance with Exhibit B and the Bond Indenture.
(c) Construction Standards and Inspection. The Public Improvements shall
be constructed and inspected in accordance with applicable state law, Town
ordinances, building codes, the Bond Ordinance and other development
requirements, including those imposed by any other governing body or entity with
jurisdiction over the Public Improvements. At the Town's election, inspection of
the Public Improvements to confirm compliance with applicable requirements will
be either by a third-party inspector or in-house inspector selected by the Town.
Such inspector shall be paid by the Town from Inspection Fees collected by the
Town.
(d) Competitive Bidding. This Agreement and construction of the Public
Improvements are anticipated to be exempt from competitive bidding pursuant to
Texas Local Government Code Section 252.022(a)(9) and 252.022(a)(11) based
upon current cost estimates. However, in the event that the actual costs for the
Public Improvements do not meet the parameters for exemption from the
competitive bid requirement, then either competitive bid or alternative delivery
methods may be utilized by Town as allowed by law. Notwithstanding the
foregoing, the Town may elect to competitively bid or utilize alternative delivery
methods for any portion or all of the Public Improvements.
(e) Ownership. All of the Public Improvements shall be owned by the Town.
Owner agrees to take any action reasonably required by the Town to transfer or
otherwise dedicate easements for the Public Improvements to the Town and the
public. The Town shall operate and maintain the Public Improvements.
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ARTICLE VII
PID BONDS
7.1 PID Bond Issuance. The Town intends to issue PID Bonds solely for the purpose
of financing the costs of the Public Improvements and related costs (including
Administrative Costs) and paying issuance costs and the cost of funding all reserves,
accounts, and funds required by the Bond Ordinance (including a capitalized interest
account, a debt service reserve fund and the Construction Fund. The Town and Owner
have determined and hereby agree that the total estimated maximum aggregate costs
of the Public Improvements is $21,675,000 and that the estimated maximum aggregate
principal amount of the Bonds is $.27,000,000. By July 1, 2007, the Town intends to
submit to Town Council an agenda item to issue PID Bonds in an amount up to but not
to exceed the estimated maximum aggregate principal Bond amount of $27,000,000,
with up to a 30 year maturity. Notwithstanding the foregoing, the Town’s obligation to
issue PID bonds is subject to the Towns’ review and approval of (i) the bond security to
ensure that there is sufficient value to repay the bonds and (ii) a market analysis to
ensure that the assessments are reasonable relative to the market, as determined by
the Town Council.
7.2 Bond Funds Deposited. Once the PID Bonds have been issued and the monies
collected from the sale of those PID Bonds, those monies shall be applied in the
following order of priority:
First, to pay the costs of issuance, including all reasonable costs and expenses
of the Town (including administrative expenses incurred prior to closing of the
Bonds) not previously reimbursed by Owner, and any fees and expenses of the
bond trustee, bond counsel, underwriter's counsel, and counsel to the trustee;
Second, to pay the costs of funding all reserves, accounts and funds required by
the Bond Ordinance, including, but not limited to capitalized interest;
Third, to reimburse Owner for 50 percent of the costs of Acquisition Of Public
Property specifically set forth on Exhibit B as allowed by the PID Act and as an
offset for other expenses related to overall development of the Property; and
Fourth, as a deposit into the Construction Fund created under the Bond
Indenture.
The Bond Indenture shall provide that after payments are made as set out above, the
amounts on deposit in the Construction Fund shall be applied first, to pay for the Shared
Cost Public Improvements, and second, to pay for the other Public Improvements. The
Bond Indenture shall also provide that the last 50 percent of the costs of Acquisition Of
Public Property shall be paid to Owner according to the following formula: [remaining 50
percent is paid on a percentage of completion of the Public Improvements basis such
that all amounts are paid when Public Improvements are 75 percent complete]. If funds
remain in the Construction Fund after the completion and/or acquisition of the Public
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Improvements, then such funds shall thereafter be applied to pay or retire the PID
Bonds.
7.3 Cost for Non Bank Qualified Bonds. Owner agrees to pay Town any additional
cost Town may incur in the issuance of the PID Bonds and / or in the issuance of other
Town obligations, whether prior to or after the execution of this Agreement because the
PID Bonds or other Town obligations are deemed non bank qualified as a result of the
issuance of the PID Bonds. The Town's Financial Advisor shall calculate such amount
and the Town shall provide a written invoice to Owner. Owner shall pay such costs to
Town within thirty (30) days of the date of Town's invoice.
ARTICLE VIII
PAYMENT OF PUBLIC IMPROVEMENTS
8.1 Construction Fund. On the date of issuance of the PID Bonds, the Town shall
establish the Construction Fund. The Construction Fund shall be maintained at a
current depository bank for Town funds and shall not be commingled with any other
funds of the Town. The Town acknowledges that the funds in the Construction Fund
shall be dedicated solely to the payment of the costs of Public Improvements, including
Shared Cost Public Improvements, and in accordance with this Agreement and the PID
Act. The Construction Fund shall be administered and controlled (including signatory
authority) by the Town and funds in the Construction Fund shall be deposited and
disbursed in accordance with the terms of the Bond Indenture. In the event of any
conflict between the terms of this Agreement and the terms of the Bond Indenture
relative to deposit and/or disbursement, the terms of the Bond Indenture shall control.
8.2 Cost Overrun. In advance of letting a contract for the Public Improvements, the
Town shall confirm that the cost for construction of such Public Improvements, including
Shared Cost Public Improvements, is consistent with the estimated cost provided on
Exhibit B. If the total cost of the Public Improvements exceed by more than 10 percent
the total amount of monies on deposit in the Construction Fund, Owner shall be
responsible for the remainder of the costs of the Public Improvements. If the total Water
Tower costs exceed the total amount of monies deposited in the Construction Fund,
Owner shall be responsible for the remainder of the costs of the Water Tower. Prior to
the award of the construction contract for the Water Tower, Owner shall post an
irrevocable letter of credit in favor of Town in the amount of $250,000 as security for the
obligation imposed by this section. The letter of credit shall be in form acceptable to and
approved by the Town.
8.3 Remainder For Public Improvements. If funds remain in the Construction Fund
after the completion of the Public Improvements, including Shared Cost Public
Improvements, and the payment of all costs of Public Improvements, including Shared
Cost Public Improvements, pursuant to the terms of this Agreement, then such funds
shall thereafter be the exclusive property of the Town and shall be used by the Town for
the purpose of paying or retiring the PID Bonds.
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ARTICLE IX
TERM
The term of this Agreement shall be the greater of: (a) the period during which PID
Bonds remain outstanding, or (b) for as long as MUD 1 and/or MUD 2 exist and
continues to pay a fee for Emergency Services to the Town.
ARTICLE X
EVENTS OF DEFAULT; REMEDIES
10.1 Events of Default. No Party shall be in default under this Agreement until notice
of the alleged failure of such Party to perform has been given in writing (which notice
shall set forth in reasonable detail the nature of the alleged failure) and until such Party
has been given a reasonable time to cure the alleged failure (such reasonable time to
be determined based on the nature of the alleged failure, but in no event more than
thirty (30) days after written notice of the alleged failure has been given).
Notwithstanding the foregoing, no Party shall be in default under this Agreement if,
within the applicable cure period, the Party to whom the notice was given begins
performance and thereafter diligently and continuously pursues performance until the
alleged failure has been cured. Notwithstanding the foregoing, however, a Party shall
be in default of its obligation to make any payment required under this Agreement if
such payment is not made within twenty days after it is due.
10.2 Remedies. If a Party is in default, the aggrieved Party may, at its option and
without prejudice to any other right or remedy under this Agreement, seek any relief
available at law or in equity, including, but not limited to, an action under the Uniform
Declaratory Judgment Act, or actions for specific performance, mandamus, or injunctive
relief. NOTWITHSTANDING THE FOREGOING, HOWEVER, NO DEFAULT UNDER
THIS AGREEMENT SHALL ENTITLE THE AGGRIEVED PARTY TO TERMINATE
THIS AGREEMENT. In addition to the aforementioned remedies, if Owner is in default
under this Agreement the Town shall have the right to withhold approval of any final plat
or disallow any additional meter installation with respect to the land covered by such
final plat, which delay in approval may extend until Owner's default has been cured.
The remedies set forth in this section are the sole and exclusive remedies for a default
under this Agreement. This provision shall be sufficient evidence of Owner's waiver of
any statutory approval periods as specified in the Chapter 212 of the Texas Local
Government Code, as amended.
10.3 Governmental Powers; Waivers of Immunity. By its execution of this Agreement,
the Town does not waive or surrender any of its governmental powers, immunities, or
rights. Nothing in this Agreement is intended to delegate or impair the performance by
the Town of its governmental functions Notwithstanding the foregoing, the Town
acknowledges that this Agreement is a contract subject to Texas Local Government
Code Chapter 271, Subchapter I.
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ARTICLE XI
ASSIGNMENT AND ENCUMBRANCE
11.1 Assignment. This Agreement is made solely for the benefit of the Town and
Owner, and is not assignable except as follows: (a) the Owner may, without further
consent or acknowledgement of the Town, pledge its rights hereunder to any lender or
financial institution lending funds related to the Property; (b) the Owner may, without the
consent or acknowledgement of the Town, assign its interest to a related entity that is
an entity that is controlled or under common control with Owner so long as no other
interest in this Agreement shall be created for an unrelated third party; and (c) the
Owner may, with the prior written consent of the Town (which consent shall be
considered by the Town in good faith based upon financial and performance criteria,
and which shall not be unreasonably withheld, conditioned or delayed), otherwise
assign its interest, in whole or in part in this Agreement to any person or entity that is or
will become an owner of any portion of the Property. This Agreement may not be
assigned by the Town. No other person shall acquire or have any right hereunder or by
virtue hereof. Notwithstanding the foregoing, however, this Agreement shall continue to
bind the Property and shall survive any transfer, conveyance, or assignment occasioned
by the exercise of foreclosure or other rights by a lender, whether judicial or non-judicial.
Any purchaser from or successor owner through a lender of any portion of the Property
shall be bound by this Agreement and shall not be entitled to the rights and benefits of
this Agreement with respect to the acquired portion of the Property until all defaults
under this Agreement with respect to the acquired portion of the Property have been
cured.
11.2 Encumbrance by Town. The Town shall not collaterally assign, pledge, grant a
lien or security interest in, or otherwise encumber any of its rights, title, or interest under
this Agreement without Owner's prior written consent.
11.3 Assignees as Parties. An Assignee approved or authorized in accordance with
this Agreement shall be considered a "Party" for the purposes of this Agreement.
ARTICLE XII
RECORDATION AND ESTOPPEL CERTIFICATES
12.1 Binding Obligations. This Agreement and all amendments hereto (including
amendments to the Concept Plan as allowed in this Agreement) and assignments
hereof shall be recorded in the Real Property Records of Denton County. This
Agreement, when recorded, shall be binding upon the Parties and their successors and
assigns permitted by this Agreement and upon the Property; however, this Agreement
shall not be binding upon, and shall not constitute any encumbrance to title as to, any
End-Buyer of a Fully Developed and Improved Lot except for land use and development
regulations that apply to such lots.
12.2 Estoppel Certificates. From time to time upon written request of Owner or any
future owner, and upon the payment of a $200.00 fee to the Town , the Town Manager
or his/her designee will, in his official capacity and to his best knowledge and belief,
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execute a written estoppel certificate identifying any obligations of Owner under this
Agreement that are in default or, with the giving of notice or passage of time, would be
in default; and stating, to the extent true, that to the best knowledge and belief of the
Town, Owner or future owner is in compliance with its duties and obligations under this
Agreement.
ARTICLE XIII
ADDITIONAL PROVISIONS
13.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of
the Effective Date; (b) form the basis upon which the Parties negotiated and entered
into this Agreement; (c) are legislative findings of the Town Council of the Town; and (d)
reflect the final intent of the Parties with regard to the subject matter of this Agreement.
In the event it becomes necessary to interpret any provision of this Agreement, the
intent of the Parties, as evidenced by the recitals, shall be taken into consideration and,
to the maximum extent possible, given full effect. The Parties have relied upon the
recitals as part of the consideration for entering into this Agreement and, but for the
intent of the Parties reflected by the recitals, would not have entered into this
Agreement.
13.2 Notices. All Notices shall be in writing, shall be signed by or on behalf of the
Party giving the Notice, and shall be effective as follows: (a) on or after the 10th
business day after being deposited with the United States mail service, Certified Mail,
Return Receipt Requested with a confirming copy sent by FAX; (b) on the day delivered
by a private delivery or private messenger service (such as FedEx or UPS) as
evidenced by a receipt signed by any person at the delivery address (whether or not
such person is the person to whom the Notice is addressed); or (c) otherwise on the day
actually received by the person to whom the Notice is addressed, including, but not
limited to, delivery in person and delivery by regular mail or by E-mail (with a confirming
copy sent by FAX). All Notices given pursuant to this section shall be addressed as
follows:
To the Town: Town of Trophy Club
Attn: Town Manager
Brandon Emmons
100 Municipal Drive
Trophy Club, Texas 76262
FAX: 817-491-9232
Email: bemmons@ci.trophyclub.tx.us
With a copy to: Town of Trophy Club
Attn: Town Attorney
Patricia Adams
100 Municipal Drive
Trophy Club, Texas 76262
FAX: 817-491-9312
Email: padams@ci.trophyclub.tx.us
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With a copy to: Vinson & Elkins
Attn: Lila Marsh, Bond Counsel
Trammel Crow Center
2001 Ross Avenue, Suite 3700
Dallas, Texas 75201
Email: lmarsh@velaw.com
To Owner: Centurion American Development Group
Attn: Mehrdad Moayedi
3901 W. Airport Freeway, Suite 200
Bedford, Texas 76021
FAX: 817-391-2501
E-mail: laura@centurionamerican.com
With a copy to: Misty Ventura
Hughes & Luce LLP
1717 Main Street Suite 2800
Dallas, Texas 75201
FAX: 214-939-5849
E-mail: misty.ventura@hughesluce.com
13.3 Interpretation. The Parties acknowledge that each has been actively involved in
negotiating this Agreement. Accordingly, the rule of construction that any ambiguities
are to be resolved against the drafting Party will not apply to interpreting this
Agreement. In the event of any dispute over the meaning or application of any provision
of this Agreement, the provision will be interpreted fairly and reasonably and neither
more strongly for nor against any Party, regardless of which Party originally drafted the
provision.
13.4 Authority and Enforceability. The Town represents and warrants that this
Agreement has been approved by ordinance or resolution duly adopted by the Town
Council of the Town in accordance with all applicable public notice requirements
(including, but not limited to, notices required by the Texas Open Meetings Act) and that
the individual executing this Agreement on behalf of the Town has been duly authorized
to do so. Owner represents and warrants that this Agreement has been approved by
appropriate action of Owner, and that the individual executing this Agreement on behalf
of Owner has been duly authorized to do so. Each Party acknowledges and agrees that
this Agreement is binding upon such Party and enforceable against such Party in
accordance with its terms and conditions.
13.5 Entire Agreement; Severability. This Agreement constitutes the entire agreement
between the Parties and supersedes all prior agreements, whether oral or written,
covering the subject matter of this Agreement. This Agreement shall not be modified or
amended except in writing signed by the Parties. If any provision of this Agreement is
determined by a court of competent jurisdiction to be unenforceable for any reason,
then: (a) such unenforceable provision shall be deleted from this Agreement; (b) the
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unenforceable provision shall, to the extent possible and upon mutual agreement of the
parties, be rewritten to be enforceable and to give effect to the intent of the Parties; and
(c) the remainder of this Agreement shall remain in full force and effect and shall be
interpreted to give effect to the intent of the Parties.
13.6 Applicable Law; Venue. This Agreement is entered into pursuant to, and is to be
construed and enforced in accordance with, the laws of the State of Texas, and all
obligations of the Parties are performable in Denton County. Exclusive venue for any
action to enforce or construe this Agreement shall be in the Denton County District
Court.
13.7 Non Waiver. Any failure by a Party to insist upon strict performance by another
Party of any material provision of this Agreement shall not be deemed a waiver thereof,
and the Party shall have the right at any time thereafter to insist upon strict performance
of any and all provisions of this Agreement. No provision of this Agreement may be
waived except by writing signed by the Party waiving such provision. Any waiver shall
be limited to the specific purposes for which it is given. No waiver by any Party of any
term or condition of this Agreement shall be deemed or construed to be a waiver of any
other term or condition or subsequent waiver of the same term or condition.
13.8 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
13.9 Further Documents. The parties agree that at any time after execution of this
Agreement, they will, upon request of another party, execute and deliver such further
documents and do such further acts and things as the other party may reasonably
request in order to effectuate the terms of this Agreement. This provision shall not be
construed as limiting or otherwise hindering the legislative discretion of the Town
Council seated at the time that this Agreement is executed or any future Town Council.
13.10 Exhibits. The following Exhibits are attached to this Agreement and are
incorporated herein for all purposes:
Exhibit A Description and Depiction of the Property
Exhibit B List of Public Improvements
Exhibit C Infrastructure Assessment Chart
13.11 Costs and Expenses. Owner agrees that it will pay all of the Town's costs and
expenses (including legal fees and financial advisory fees) related to the PID, including
the Town's overhead costs and expenses. The Town's advisors shall submit to the
Town, on a monthly statement, their fees relating to the establishment and
administration of the PID, including legal fees relating to the development and review of
the Assessment Plan. The Owner will pay these fees on behalf of the Town on a
monthly basis. All fees of legal counsel related to the issuance of the Bonds, including
fees for the preparation of customary bond documents and the obtaining of Attorney
General approval for the Bonds, will be paid at closing from proceeds of the Bonds in
accordance with the Town's customary arrangements with bond counsel. In addition
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there shall be levied, as part of the infrastructure assessment, an administrative
assessment which shall be paid annually to the Town to compensate the Town for its
costs and expenses of administering and operating the PID.
13.12 Home Buyer Disclosures. Owner shall comply with the Home Buyer Disclosure
Program and shall deed restrict the Property in a manner that obligates all subsequent
individuals, corporations or other entities who purchase the Property or a portion thereof
to comply with such Home Buyer Disclosure Program. Owner shall provide Town with
written documentation that Owner has complied with this provision.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
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Executed by Owner and the Town to be effective on the Effective Date.
TOWN OF TROPHY CLUB,
DENTON COUNTY, TEXAS
By:
Nick Sanders, Mayor
ATTEST:
By:
Name:
Title:
STATE OF TEXAS §
§
COUNTY OF DALLAS §
Before me, the undersigned authority, on this day personally appeared Nick
Sanders, Mayor of the Town of Trophy Club, Denton County, Texas, a home rule city,
and acknowledged to me that he executed the same on behalf of said Town.
Notary Public in and for the State of Texas
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831 TROPHY, L.P.,
a Texas limited partnership
By: MMM Ventures, LLC,
its general partner
By:
Mehrdad Moayedi, its Managing
Partner
STATE OF TEXAS §
§
COUNTY OF DALLAS §
Before me, the undersigned authority, on this day personally appeared Mehrdad
Moayedi, Managing Partner of MMM Ventures, LLC, general partner of 831Trophy, L.P.,
a Texas limited partnership, and acknowledged to me that he executed the same on
behalf of said limited partnership.
Notary Public in and for the State of Texas
137
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.D.5
Receive and discuss a report from Town Manager Emmons regarding
ongoing contract negotiations between the Town and the Trophy Club
MUDs to provide wholesale water, wastewater treatment, distribution,
collection, maintenance, and billing services and options available to the
Town for providing water and wastewater services
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(be)
Attachments: 1. Flowcharts
138
139
Item #1: Cash Settlement:
How much should the MUDs be paid by the Town in order to tie in to the current
infrastructure:
Is $3.8 million an acceptable number?
Yes, proceed to Item #2.
No. Discussion
Item #2: Payment Schedule:
What is an acceptable down payment?
Is the $540k offer proposed by centurion acceptable upon closing of the PID?
Yes, proceed to item #3.
No. Discussion
Item #3: Balance for the remaining $3.26 million:
Can the remaining $3.26 million be paid at the time of permitting?
Yes, $2300 per permit, proceed to Item #4
No. Discussion
Item #4: Permitting Timeline:
Will a guarantee of 150 permits per year (cumulative) be acceptable?
Yes, proceed to item #5
No, Discussion
Item #5: Penalties:
Is a 10% interest per annum acceptable if the remaining balance is not paid in 5 years
after the first permit is pulled?
Yes, proceed to conclusion
No.
Conclusion: The Town of Trophy Club will pay the Trophy Club MUDs a total of
$3.8 million to connect to the existing water and wastewater infrastructure owned
by the MUDs. A down payment of $540,000 will be made immediately following
the closing and funding of the Highland’s PID. The remaining balance of
$3,260,000 will be paid at a rate of $2300 per permit with a minimum of 150
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permits pulled annually. The number of permits will be cumulative beginning on
the date of the first permit. In the event that the remaining balance is not paid
within five years, an interest of 10% per annum will be assessed on the remaining
balance.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.D.6
Discuss and take appropriate action to approve financials and variance
report dated February 2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.D.7
Discuss and take appropriate action relative to an Ordinance amending
Chapter 8 of the Code of Ordinances of the Town, entitled "Nuisances", by
adding Article 6, Entitled "Standing or Stagnant Water" and discuss and
provide input regarding an amendment to the Swimming Pool Ordinance,
Chapter 3, Article XV of the Code of Ordinances.
EXPLANATION:
While our current swimming pool ordinance addresses clarity of water, it does not
provide a means for abatement. This leaves us without the ability to address health and
safety concerns in vacant property or property for which the owner fails to comply.
With varying opinions as to the scope that this ordinance should cover, staff is
presenting Council with two options to address this issue. The first option is an
amendment to the nuisance ordinance that Council saw at the last meeting which
covers more than just swimming pools, but eliminates its applicability to some bodies of
water that the Council expressed concern about during the last meeting.
The second option is strictly the addition of an abatement section to our existing pool
ordinance. This option would not provide us with the ability to enter a property in order
to address complaints that were not related specifically to in-ground swimming pools. If
Council prefers to proceed with the amendment of the existing pool ordinance and
approves the language in the draft provided below, staff will place that ordinance in final
form on the April 16th Consent Agenda.
In the past two years, we have had 22 issues related to in-ground swimming pools,
fifteen of which occurred last summer. Non-swimming pool related complaints are
grouped in general code enforcement or nuisance issues, so we don’ have exact
numbers. However, we can recall five specific issues, two involving tires, one Koi pond,
one kiddie pool and one standing groundwater issue on a developer’s property.
(bg)
Attachments: 1. Ordinance adding Article 6 to address standing or stagnant water
2. Draft language for amendment to swimming pool ordinance
143
OPTION 1: Addition of standing or stagnant water ordinance to Nuisance Section
in the Code of Ordinances.
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007 -
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING CHAPTER
8 OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS, BY
ADDING ARTICLE 6, ENTITLED "STANDING OR STAGNANT WATER," TO
PROVIDE FOR NEW PROVISIONS REGULATING STANDING OR STAGNANT
WATER; PROVIDING FOR INCORPORATION OF PREMISES; SETTING FORTH
DEFINITIONS; PRESCRIBING STANDING, STAGNANT OR NON-MAINTAINED
WATER REGULATIONS; PROVIDING FOR ABATEMENT; PROVIDING FOR NOTICE
OF VIOLATION; PROVIDING CRITERIA FOR MUNICIPAL COURT PROSECUTION;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a home rule municipality acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and
WHEREAS, the Town Council finds that standing, stagnant or non-maintained water has
and can cause health and safety risks which can otherwise cause or contribute significantly to
adverse impacts to the residents of the Town; and
WHEREAS, the Town Council finds that standing, stagnant or non-maintained water can
cause deterioration in the aesthetic and environmental quality of the Town; and
WHEREAS, the Town Council now deems it necessary for the safe, orderly, and
healthful development of the Town and in the best interest of the Town of Trophy Club, Texas,
to adopt new regulations governing standing and stagnant water within the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
DEFINITIONS
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Body of Water shall mean any/all water contained within any manufactured or man-made or
non-naturally occurring structure; including, but not limited to, fountains,reflecting pools, private
or semi-private swimming pools, or other items so that such items do not harbor or serve as a
breeding ground for mosquitoes, flies or other pests, or adversely impacts the public health and
safety, or creates an odor nuisance. This term shall not include Public Storm Water Systems or
lakes and ponds located in Recreational Areas.
Designated Officer shall mean the Code Enforcement Officer or Municipal Health Authority for
the Town of Trophy Club, Texas, or his or her designee.
Municipal Health Authority shall mean the Town Health Officer appointed pursuant to the
Local Public Health Reorganization Act, as amended.
Non-maintained shall mean the failure to keep a Body of Water clean, bacteria and insect free
by chemical or mechanical means.
Owner shall mean any individual, firm, corporation, partnership, sole proprietorship or any other
legal entity owning any real property, whether occupied or unoccupied; improved or
unimproved, within the corporate limits of the Town.
Public Storm Water Systems shall mean the system of conveyances (including sidewalks,
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, inlets, piped storm drains, pumping facilities, retention and detention basins, natural
and human-made or altered drainage channels, reservoirs, and other drainage structures or
storm drains) owned and operated by the Town and designed or used for collecting or
conveying storm water, and which is not used for collecting or conveying sewage.
Recreational Areas shall mean the common areas utilized for recreational purposes and which
are open for use to the general public; a private association, including a Home Owners’
Association (HOA) or a private club.
Stagnant shall mean standing or non-flowing Body of Water.
SECTION 3.
UNLAWFUL TO PERMIT THE PONDING OF STANDING,
STAGNANT OR NON-MAINTAINED WATER
A. It shall be unlawful for any Owner to cause, permit, maintain, or allow one or more of the
following conditions, each of which is hereby deemed a public nuisance:
The accumulation or ponding of standing, stagnant, or non-maintained Body of Water
that harbors or is a breeding ground for mosquitoes, flies, or other pests or which causes
a foul odor or adversely impacts the public health and safety by any means.
B. A finding by a Code Enforcement Officer or Municipal Health Authority of the Town that
accumulations or ponding of a Body of Water are remaining or have remained for a
period in excess of forty-eight (48) hours shall constitute prima-facie evidence that
standing, stagnant, or non-maintained Body of Water is conducive to the breeding or
harboring of mosquitoes, flies, or other pests. Such finding by the Designated Officer
may be made by one or more methods, including without limitation: measures of water
turbidity, the presence of excessive organic matter in the water, the presence of foul
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odors, visually apparent algal growth, or the presence of mosquitoes, flies, or other
pests. The presence of mosquito larva is not required for standing, stagnant, or non-
maintained Body of Water to be classified as a public nuisance.
SECTION 4.
ABATEMENT
A. It shall be the duty of any Owner to abate nuisances described in this Article by:
1. Treating or causing the treating of standing or stagnant Body of Water with a
material, either natural or man-made, that eliminates any offensive odor and renders
the area harmless to the public health and eliminates the potential breeding ground
for mosquitoes, flies or other pests.
B. It shall be the duty of all Owners to maintain items that constitute a Body of Water,
including but not limited to fountains, reflecting pools or ponds, private or semi-private
swimming pools or other items so that such items do not harbor or serve as a breeding
ground for mosquitoes, flies or other pests, or adversely impact the public health and
safety, or create an odor nuisance.
SECTION 5.
NOTICE OF VIOLATION
A. Notice Content. In the event that any Owner fails to comply with the provisions of this
Article, the Town shall give seven (7) days notice in writing to such Owner of the
violation of this Article. Such written notice shall be given:
1. Personally to the Owner in writing by letter addressed to the Owner at the
Owner’s address as recorded in the appraisal district records for the appraisal
district in which the property is located; or
2. If personal service cannot be obtained:
a. By publication at least once in a newspaper of general circulation within
the Town; or
b. By posting the notice on or near the front door of each building to which
the violation relates; or
c. By posting the notice on a placard attached to a stake driven into the
ground on the property to which the violation relates, if the property
contains no building.
3. Notice Deemed Delivered. If the notice to an Owner is mailed in accordance with
Subsection A, and the United States Postal Service returns the notice as
“refused” or “unclaimed,” the validity of the notice is not affected, and the notice
shall be considered as delivered.
B. Abatement. If an Owner notified of a violation in accordance with this Article fails or
refuses to comply with the provisions of this Article within seven (7) days of such notice
of violation, the Town may go upon such Owner’s property and do or cause to be done
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the work necessary to obtain compliance with this Article, pay for the work done or
improvements made, and charge the expenses incurred in doing or having same done to
such Owner by any means lawfully available. This remedy shall be cumulative of
criminal prosecution as set forth in this Article.
C. Future Violations Notice. In a notice provided under this Section, the Town may inform
the Owner by regular mail and by a posting on the property, or by personally delivering
the notice, that if such Owner commits another violation of the same kind or nature that
poses a danger to the public health and safety on or before the first anniversary of the
date of the notice, the Town without further notice may correct the violation at the
Owner’s expense and assess the expense against the property. If a violation covered by
a notice under this Section occurs within the one-year period, and the Town has not
been informed in writing by the Owner that there has been a change in ownership, then
the Town, without notice, may take any action permitted by Subsection B of this Section
and assess its expenses as provided in Subsection D of this Section.
D. Charges Assessed. The charges provided for in this Article shall be assessed against
the real property on which the abatement work is done or improvements made and
collected by the Town of Trophy Club, Texas. In the event the Owner of such premises
upon which work was done and charges were incurred fails or refuses to pay such
charges and expenses within thirty (30) days after the first day of the month following the
one in which the work was done, a lien may be filed. To obtain a lien against the
property, the Mayor, Municipal Health Authority or municipal official designated by the
Mayor must file a statement of expenses with the County Clerk of the County in which
the Town is located. The lien statement shall state the name of the Owner, if known,
and the legal description of the property. The lien attaches upon the filing of the lien
statement with the County Clerk. The lien on the property involved shall be inferior only
to tax liens and liens for street improvements to secure the expense incurred, is security
for the expenditures made, and shall accrue interest at the rate of ten (10) percent on
the amount due from the date of payment by the Town. For any such expenditures and
interest due, as aforesaid, the Town Council may bring a suit for foreclosure in the name
of the Town of Trophy Club. The statement of expenses or a certified copy of the
statement is prima facie proof of the expenses incurred by the Town in doing the work or
making the improvements hereunder. The Town may foreclose a lien on property under
this Article in a proceeding relating to the property under Subchapter E, Chapter 33, Tax
Code, as amended.
SECTION 6.
MUNICIPAL COURT PROSECUTION
A. In addition to the abatement provisions set forth in this Article, the Designated Official
may utilize the Town’s Municipal Court for prosecution.
B. If an Owner or an occupant of property notified of a violation in accordance with this
Article fails or refuses to comply with the provisions of this Article within seven (7) days
of such notice of violation, the Designated Official may issue a citation for each and
every day that the violation continues or is maintained upon the property.
SECTION 7.
PENALTY
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A. It shall be unlawful for any Owner to violate any provision of this Article, and any Owner
violating or failing to comply with any provision of this Article shall be fined, upon
conviction, an amount not less than One Dollar ($1.00) and not to exceed Two
Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each
day during or on which a violation occurs or continues.
SECTION 8.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this
Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to
the extent that they are inconsistent with this Ordinance. Provided however, that any complaint,
action, claim or lawsuit which has been initiated or has arisen under or pursuant to such
Ordinance on the date of adoption of this Ordinance shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and
effect.
SECTION 9.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 10.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as to any
and all violations of the provisions of any Ordinances regulating standing or stagnant water have
accrued at the time of the effective date of this Ordinance; and, as to such accrued violations
and all pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
SECTION 11.
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.
SECTION 12.
ENGROSSMENT AND ENROLLMENT
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The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 13.
EFFECTIVE DATE
That this Ordinance shall be in full force and 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
_____ day of ______, 2007.
___________________________________ Mayor,
Town of Trophy Club, Texas
ATTEST:
_________________________________
Town Secretary,
Town of Trophy Club, Texas
APPROVED AS TO FORM:
_________________________________
Town Attorney,
Town of Trophy Club, Texas
149
OPTION 2: Suggested amendment language for Chapter 3, Article XV Swimming
Pools
Section 15.01
DEFINITIONS
A. Unless otherwise provided for herein, the following terms shall have the
respective meanings ascribed to them.
Aboveground Swimming Pool: A structure in which the entire construction is above
ground, or if partly above and partly below ground, the top of the receptacle basin is at
least twenty-four inches (24”) above ground.
In-Ground Swimming Pool: A structure intended for swimming or recreational bathing
that contains water over twenty-four inches (24”) deep and has a capacity of over seven
hundred (700) gallons that is dug into the ground.
Kiddie Pool or Wading Pool: Any deflatable, portable or temporary special purpose
pool or receptacle set aside primarily for use by children with a depth no greater than
twenty-four inches (24”).
Non-Maintained: The failure to keep water clean, bacteria and insect free by chemical
or mechanical means.
Permitting Department: The Permitting Division of the Community Development
Department of the Town of Trophy Club, Texas.
Person: An individual, firm, corporation, partnership, sole proprietorship or any other
entity recognized in law.
Spa: A hydro-massage pool or tub, including but not limited to hot tubs, whirlpool baths
and tubs and Jacuzzi-type tubs or baths, for recreational or therapeutic use, not located
in a health-care facility, designed for immersion of users and usually having a filter,
heater, and motor-driven blower. The spa is intended for recreational bathing and
contains water over twenty-four inches (24”) deep.
Stagnant: Standing or non-flowing water.
Swimming Pool: Any structure intended for swimming or recreational bathing that
contains water over twenty-four inches (24”) deep and has a capacity of over seven-
hundred (700) gallons. This includes in-ground, aboveground and on-ground swimming
pools. As used in this Ordinance the term is limited to pools which are fitted with a filter
for clarifying pool water, or which are designed to be fitted with a filter, whether installed
or not. The term shall not include facilities located inside a residence, storable pools
designed for seasonal setup and use which are stored at the end of the swimming
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season, or spas installed on decks or porches if a fitted hard cover designed to prevent
entry is maintained in place at all times when the spa is not in use.
Unsanitary: Not free from elements, such as filth or pathogens that endanger health
and hygiene.
Section 15.02
APPLICABILITY AND PROHIBITED CONDUCT
A. This ordinance shall be applicable to all new swimming pools and spas hereafter
constructed, erected, or maintained, and shall apply to all existing pools and spas
which have a depth greater than twenty four inches (24”) of water at any point. It
shall be unlawful for any person to violate any provision of this Ordinance.
B. No person shall construct, erect, or maintain an aboveground pool.
C. No person in possession of land within the Town, whether as owner, purchaser,
lessee, or licensee, upon which is situated a swimming pool having a depth
greater than twenty-four inches (24”) or more of water at any point, shall fail to
provide and maintain such fence or wall as herein provided.
D. Any and all unfenced swimming pools existing at the time this ordinance is
passed shall have ninety (90) days to comply with the terms and requirements
herein stated, from the effective date of this ordinance.
E. Except as specifically provided herein, it shall be unlawful of any person,
corporation, partnership or other legal entity to construct, have constructed, or
maintain any type of swimming pool without having first procured a permit for the
construction of same from the Permitting Department.
F. It shall be unlawful for any Person owning, leasing, claiming, occupying or having
supervision or control of any swimming, kiddie or wading pool, within the
corporate limits of the Town, to permit or allow swimming pool water to harbor or
be a breeding ground for mosquitoes, flies, or other pests or which causes a foul
odor or adversely impacts the public health and safety by any means.
Section 15.03
EXCEPTIONS
A. Kiddie Pools or Wading Pools, are exempt from the provisions of this Ordinance
except as specifically provided herein.
B. Hot tubs, whirlpool baths and tubs, and Jacuzzi-type tubs or baths with a
capacity of not more than fifteen hundred (1,500) gallons shall be allowed above
ground.
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C. In lieu of the fence requirement in Section 6, subsection C (1)(a), rigid lock-down
covers may be allowed for hot tubs, whirlpool baths and tubs, Jacuzzi-type baths
and tubs, and spas , provided that prior approval is given through the fence
permit application process and further provided that the cover is kept locked at
all times that the hot tub, whirlpool bath and tub, Jacuzzi-type bath and tub,
and/or spa is not in use.
Section 15.04
SWIMMING POOLS
A. Swimming Pool Permit Application: The following information shall be required
for each swimming pool permit application:
1. Applicant’s name and address.
2. If person represents a corporation, partnership or other legal entity, the
address of the president or registered agent of the entity.
3. Name of the foreman or contractor in charge of construction.
4. Name of the owner of the property.
5. Address of the location where swimming pool is to be constructed.
6. Size of swimming pool.
7. Approximate value.
8. Two (2) site plans showing the location of swimming pool in relation to the
property lines with the distance indicated from the pool to any structures and
to the property boundaries. All measurements shall be from the pool
structure itself and not from the water’s edge and also show property setback
lines, drainage plan, location of any and all drainage and/or public utility
easements, and the location of required and/or existing fence.
a. Fence permit, if applicable.
B. Permit fees, in accordance with the current fee schedule, shall be paid prior to
the issuance of a permit and the commencement of construction of a swimming
pool.
C. Fence Requirements:
1. Permanent Fence: Before a swimming pool, hot tub, whirlpool bath and
tub, Jacuzzi-type bath and tub, and/or spa is filled with water, a permanent
fence shall be erected surrounding the pool, which shall conform to the
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International Building Code, as adopted and amended by the Town.
a. The Pool Contractor or other person constructing a pool is responsible
for the construction of a permanent fence that complies with this
ordinance and all other applicable regulations. The property owner is
responsible for the maintenance of a permanent fence that complies
with this ordinance and all other applicable regulations.
b. It shall be unlawful to maintain any swimming pool, hot tub,
whirlpool bath and tub, Jacuzzi-type bath and tub, and/or spa in the
corporate limits of Trophy Club, which is not fenced in accordance
with the requirements of this section and all other applicable
ordinances.
2. Temporary Fence: Prior to commencement of and during the construction
of a swimming pool, a temporary fence shall be erected and maintained
around the swimming pool construction site, which shall limit access to the
construction site at all times except when construction is actually in
progress. The top of the temporary fence shall be at least four feet (4’) in
height. The wall of a dwelling may serve as part of the fence.
a. All inspections will be canceled if a temporary fence is not installed on
the job site and a reinspection fee will be assessed in an amount set
by the Town’s Schedule of Fees. Continued failure to enclose the site
with a temporary fence may result in a citation being issued to pool
contractor.
D. Form Survey Required: A form survey shall be submitted and approved by the
Building Inspector prior to calling for the first inspection.
E. Certificate of Completion: Prior to the issuance of a certificate of completion, the
swimming pool shall pass each of the following inspections:
1. Belly steel and ground steel,
2. Deck steel and ground,
3. Gas line inspection (if applicable) and P-Trap/Backwash inspection.
a. Before the backwash, p-trap & gas line are covered in any way, those
items shall be inspected and approved. All pools shall have a p-trap
and backwash line connected to the sanitary sewer.
4. Drainage Survey: The pool final inspection will not be approved if the
Inspector determines that the grading and drainage of the lot is not in
compliance with the approved drainage plans for the subdivision. If the
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inspector cannot determine the lot water flow, an engineered survey shall
be required.
5. Final inspection, including the fencing.
a. At the final inspection, all local requirements, state requirements and
Town-approved building codes must be met.
F. Lighting: All lighting of a swimming pool shall be shielded or directed to face
away from adjoining residences. If lights are not individually shielded they shall
be so placed, or the enclosing wall or fence shall be so designed, that direct rays
from the lights shall not be visible from adjacent or contiguous properties.
G. Licensed Contractor: All electrical and plumbing work shall be performed by
licensed contractors in accordance with the requirements of the Town-approved
Building Code, as amended and all other applicable ordinances or regulations.
H. Location: All swimming pools, to include but not limited to kiddie and wading
pools, shall be located within the rear yard and shall not encroach upon any
identified easement.
I. Draining of Swimming Pools: On any new swimming pool permitted on or
after June 24, 2005, all backwash or drainage from a swimming pool shall
discharge into the sanitary sewer system. An indirect connection shall be made
by means of an air break discharging into a tail piece installed a minimum of 6” or
152 mm above adjacent grade. The tailpiece shall be connected to a minimum
3” or 76 mm p-trap not less than 12” (304 mm) below grade which discharges
into the yard cleanout riser.
1. Owners of existing pools (pools built or permitted prior to July 1, 2005) are
not required by this Ordinance to retrofit the pool equipment and tie into
the sanitary sewer.
J. Screening: All swimming pool equipment shall be screened from the view of the
public and from the view of adjacent private properties.
K. Clarity of Water:
a. The water in all private swimming pools within the Town shall be of
sufficient clarity such that the bottom of the swimming pool is visible to the
naked eye. In order to help achieve this objective, each swimming pool
shall have a minimum free residual chlorine of one (1) part per million.
b. In addition, it shall be unlawful for swimming pool water to have an acid
reaction to a standard pH test.
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c. All pools shall be treated, altered or maintained so as to prevent the
development of an Unsanitary condition.
d. Pools under construction or which are no longer being operated shall be
maintained in a manner so as to prevent the development of Unsanitary
conditions, potential injury, or possible drowning.
e. Wastewater from a swimming pool shall be discharged into a sanitary
sewer. There shall be no direct physical connection between the sewer
system and any drain from the swimming pool or circulation system.
f. Alternative equivalent methods of wastewater disposal may be approved
by the Director of Community Development if the Director finds that the
alternative method of disposal proposed would not create a public health
hazard or public nuisance or violate any ordinance, state or federal law,
rule or regulation. Wastewater disposal which creates a public health
hazard or public nuisance is prohibited.
L. Equipment: No pool equipment shall be placed within required or established
front yard or within any identified easement. Equipment necessary for or related
to the operation of the pool shall not be affixed to any required perimeter fence or
common fences between property owners.
Section 15.05
NOTICE OF VIOLATION
A. In the event that any Person owning, claiming, occupying or having supervision
or control of any swimming pool within the corporate limits of the Town fails to
comply with the provisions of this Article, the Town shall give at least ten (10)
days notice in writing to such person identifying the provision of the Article
violated and notifying the Person of the ten (10) day period for remediation of the
violation. Such notice shall be given:
1. Personally to the owner in writing; or
2. By letter addressed to the owner at the owner’s post office address or to the
owner’s address shown on the last approved tax rolls of the Town; or
3. If personal service cannot be obtained or the owner’s post office address is
unknown;
a. By publication at least twice within ten (10) consecutive days; or
b. By posting the notice on or near the front door of each building to which
the violation relates; or
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c. By posting the notice on a placard attached to a stake driven into the
ground on the property to which the violation relates, if the property
contains no building.
B. If the owner of property fails or refuses to comply with the provisions of this
Article within ten (10) days of notice of a violation, the Town may go upon such
property and do so or cause to be done the work necessary to obtain compliance
with this Article, and may pay for the work done or improvements made and
charge the expenses incurred in doing or having same done to the owner of such
property.
C. The charges provided for in this Article shall be levied, assessed and collected by
the Town of Trophy Club, Texas. In the event the owner of said premises upon
which work was done and charges were incurred fails or refuses to pay such
charges and expenses within thirty (30) days after the first day of the month
following the one in which the work was done, the Mayor or his designee shall file
or cause to be filed with the county clerk of Denton County, a statement by the
Town Secretary setting out the expenses that the Town has incurred pursuant to
the provisions of this Article, and the Mayor or his designee shall thereby perfect
a privileged lien on the property involved, second only to tax liens and liens for
street improvements to secure the expense incurred; together with ten percent
(10%) interest from the date such payment was due. For any such expenditures
and interest, as aforesaid, suit may be instituted and foreclosure had in the name
of the Town of Trophy Club, and the statement so made, as aforesaid, or a
certified copy thereof, shall be prima facie proof of the amount expended for any
such work or improvements.
Section 15.06
ABATEMENT
A. The Town may abate without notice the following:
a. Any violation of the fencing requirements of this Article that adversely impacts
the public health and safety by any means by posing an immediate threat or
hazard.
b. Unsanitary swimming pool water that adversely impacts the public health and
safety by any means by posing an immediate threat or hazard.
B. Not later than the tenth (10th) day after the date the Town abates the unsanitary
swimming pool water under this section, the Town shall give notice to the
property owner in the manner required by Section 15.05(A).
C. The notice shall contain:
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a. An identification, which is not required to be a legal description, of the
property.
b. A description of the violations of this Article that occurred on the property.
c. A statement that the Town abated the unsanitary swimming pool water; and
d. An explanation of the property owner’s right to request an administrative
hearing about the Town’s abatement.
E. The Town Manager or the Manager’s designee shall conduct an administrative
hearing on the abatement under this section if, not later than the thirtieth (30th)
day after the date of the abatement, the property owner files with the Town a
written request for a hearing.
F. An administrative hearing conducted under this section shall be conducted not
later than the twentieth (20th) day after the date a request for a hearing is filed.
The owner may testify or present any witnesses or written information relating to
the Town’s abatement.
G. The Town may assess expenses and create liens under this section as it
assesses expenses and creates liens under other provisions of this Article.
H. The authority of the Town described by this section is in addition to the authority
granted by Sections 7 and 10.
Section 15.07
APPEALS
Any person aggrieved by the terms of this Ordinance or the interpretation,
application, or enforcement of this Ordinance by the Building Official shall have the right
to appeal any action of the Building Official taken pursuant to this Ordinance with the
exception of Section 8. Any such appeal shall be brought, by written application, filed
by an interested party, to the Director of Community Development within ten (10) days
following the action of the Building Official, which is the subject of the appeal.
Enforcement of this Ordinance shall be stayed pending such appeal, except that such
appeal does not stay the owner or applicant’s requirement to comply with temporary
fencing regulations specified herein or as specified by other applicable laws, during the
appeal period. In hearing such appeals, the Building Appeals Board shall review the
determination of the Building Official and, in so doing, may consider whether or not the
regulations and standards of this Ordinance will, by reason of exceptional circumstance
or surroundings, constitute a practical difficulty or unnecessary hardship. The decision
of the Building Appeals Board shall be final.
Section 15.08
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PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.D.8
Discuss and take appropriate action regarding an Ordinance authorizing
the issuance, sale and delivery of the Town of Trophy Club, Texas General
Obligation Bonds, Series 2007, in the principal amount of $3,260,000, for
the purpose of constructing and improving the Town's streets.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(jb)
Attachments: 1. March 21, 2007 – Letter from Pete Tart
2. Ordinance
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.D.9
Discuss and take appropriate action regarding a Resolution directing
publication of notice of intention to reissue combination Tax and Revenue
Certificates of Obligation Series 2007, in the amount of $474,000, for
Harmony Park reconstruction and improvement loan with the payments
being reimbursed to the Town of Trophy Club by EDC 4A; and authorizing
the execution of all necessary documents.
EXPLANATION:
This item was previously approved by Council on November 6, 2006, Resolution
2006- 28; however, the debt was not bank qualified. This Resolution will change
the interest rate from approximately 7.5% per annum to 4.25%. The Resolution
and other necessary documentation was prepared by Bond Counsel.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. March 21, 2007 - Letter from Pete Tart
2. Certificate for Resolution
3. Resolution
4. Notice of Intention to Issue Combination Tax and Revenue Certificates
of Obligation, Series 2007
5. Affidavit of Publication
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.D.10
Discuss and take appropriate action regarding a notice from the Public
Utility Commission of Texas for a Consumer Price Index Adjustment to
Municipal Telecommunications Right-of Way Access Line Rates.
EXPLANATION:
Background: HB 1777 went into effect on Sept 1, 1999. As of March 1, 2000, all telecommunications
franchise fees in Texas are required to be based on a fee-per-access line method. The PUC, in October
1999, established three categories of access lines - residential, non-residential, and point-to-point. Each
city was required to submit its 1998 base amount and allocation of the base amount to the PUC by Dec.
1, 1999. All CTPs were required to submit a city-by-city, December 31, 1998 access line count to the PUC
by January 24, 2000. The PUC then calculated maximum access line rates for the three categories of
access lines, for each city. The rate for each category, when multiplied by the number of lines in that
category in a city, should equal that city's base amount.
History of Rates: In March, 2000, the PUC established maximum initial access line rates for 1106 cities.
These cities were then allowed to 1) exempt life-line customers, 2) choose lower rates, and 3) update
base amounts and allocation formulas. CTPs were allowed to update line counts and petition
unreasonable initial allocations. In response to this input from cities and CTPs, the PUC established final
access line rates in April, 2000. CTPs were allowed to begin implementing these rates for the 2rd quarter
of 2000 (April, May, June), but were required to begin implementing the rates by the 3rd quarter 2000
(July, August, September). State law allows a city to change its rates once a year, and its allocation once
every 2 years. These changes must be initiated by the city each September and become effective the
following January. CTPs may also petition the commission on unreasonable allocations in September of
each year. The PUC will also annually adjust the access line rates by half of the increase in the
Consumer Price Index starting in 2002.
RECOMMENDATION:
ACTION BY COUNCIL:
(smd)
Attachments: 1. March 20, 2007 - Letter from the Public Utility Commission of Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.D.11
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Items for Future Agendas
1. Ordinance to remove uninsured vehicles from the streets of Trophy Club by impounding the vehicle
until the vehicle is properly insured and inspected.
2. Ordinance to impound any vehicle that is being driven on the streets of Trophy Club when the driver
does not have a current or valid Drivers License. (4/2 Input – 4/16 Action)
3. Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws.
4. Review of the Property Maintenance Ordinance.
5. Discussion about storm water discharge from pools.
6. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration
of improvements for area to create a linear park.
7. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance
establishing the Town's Emergency Management System.
8. Research grant possibilities regarding phase two street calming.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.D.12
Reports. There will be no action taken regarding any individual project
posted under this item and discussion will be limited. If extensive
discussion is required, the item may be placed on a future agenda.
a) Town Council report from EDC 4A Liaison, Council member Edstrom.
b) Partner's in Mobility Report.
c) Town Manager's Report.
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.E.1
Pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.071 (a) & (b) "Consultation with Attorney", the Council will enter into
executive session to discuss the following:
(A) Consultation with Town Attorney on a matter in which the duty of the
Attorney to the Governmental Body under the Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflict with the
Open Meetings Act (551.071 (b)).
(1) Legal advice relative to The Highlands At Trophy Club Development
and Public Improvement District Agreement.
(2) Legal advice relative to the interlocal agreement between the Town and
the Trophy Club MUDs to provide wholesale water, wastewater treatment,
and distribution, collection, maintenance and billing services and options
available to the Town for providing water and wastewater services.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.E.2
Discuss and provide input regarding an interlocal agreement between the
Town and the Trophy Club MUDs to provide wholesale water, wastewater
treatment, and distribution, collection, maintenance, and billing services
options available to the Town for providing water and wastewater services.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(be)
Attachments: 1. Unresolved Contract Provisions
2. Interlocal Agreement
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MUD provisions:
#4 Whereas:
WHEREAS, the Town guarantees the construction of a 500,000 gallon elevated
storage tank at no cost to the MUDs or the Master District. The same will be connected
to the water lines constructed by the Town, which shall in turn be connected to the
water lines belonging to the MUDs. During the term of this contract and in perpetuity
thereafter the said tank will remain a part of and will be accessible to the water
system(s) serving the Town of Trophy Club. All maintenance for the elevated storage
tank will be paid for thru the operations and maintenance component of the water rates
provided for herein; and
4.2 Maximum Number of Gallons. Deleted
5.1 Wastewater Capacity. Master District represents to the TOWN that there is or
will and will continue to be sufficient capacity in the existing wastewater treatment
facilities, to serve the Property at full development
5.4 Effluent Produced. Deleted
6.2 Irrigation Wells. Deleted
7.11 Term. This Contract shall become effective upon approval by each of the
respective governing bodies of Town and Master District and upon execution by their
respective authorized representatives, and shall remain in effect for a term of five (5)
years. Such initial term shall renew annually for a total of five (5) terms of one (1) year
each, unless terminated by either party as provided herein
7.12 Termination of Contract for Operator Services. Deleted
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WATER SUPPLY AND WASTEWATER SERVICES CONTRACT
BETWEEN
THE TOWN OF TROPHY CLUB, TEXAS
AND
TROPHY CLUB MASTER DISTRICT
This WATER SUPPLY AND WASTEWATER SERVICES CONTRACT (“Contract”) is
entered into between THE TOWN OF TROPHY CLUB, TEXAS, a home rule
municipality located in Denton and Tarrant Counties (hereinafter “TOWN”) and
TROPHY CLUB MASTER DISTRICT, A JOINT VENTURE BETWEEN TROPHY CLUB
MUNICIPAL DISTRICT NO.ONE, AND TROPHY CLUB MUNICIPAL UTILITY NO.
TWO ,both Districts created pursuant to Section 59, Article XVI, Texas Constitution and
the Texas Water Code, Chapter 54 (hereinafter referred to as “MASTER
DISTRICT”)The two Municipal Districts are hereafter referred to as “MUD ONE” and
“MUD TWO”, and collectively as “the MUDs”.
Recitals
WHEREAS, Master District currently supplies water and wastewater services to
those customers located within the boundaries of the MUDs; and
WHEREAS, TOWN holds the CCN for a certain portion of property located within
the territorial boundaries of the Town (hereinafter the “Property”) which property is not
located within the boundaries of the MUDs nor is provided water or wastewater services
therefrom; and
WHEREAS, as a result of the development occurring on the Property, the
TOWN desires to receive water supply and treatment services from Master District, and
to a limited extent as set forth in this agreement, to have Master District operate the
TOWN’s water and wastewater lines at an agreed upon rate based upon number of
users,
WHEREAS, the Town guarantees the construction of a 500,000 gallon elevated
storage tank at no cost to the MUDs or the Master District all maintenance for the
elevated storage tank will be paid for thru the operations and maintenance component
of the water rates provided for herein; and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter
791, et seq., as amended (the “Act”) provides authority for governmental entities of the
State of Texas to enter into interlocal agreements with each other regarding
governmental functions and services as set forth in the Act; and
WHEREAS, the provision of water and wastewater facilities is a valid
governmental function necessary for the public health, safety and welfare as provided in
the Intergovernmental Relations Section of the Texas Government Code at Chapter
791.026; and
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WHEREAS, each party hereto paying for the performance of governmental
functions or services shall make such payments from current revenues legally available
to the paying party and each party hereby finds and agrees that it is fairly compensated
for the services or functions performed under the terms of this Agreement.
NOW, THEREFORE, Town and Master District, for and in consideration of the
recitals set forth above and terms and conditions below, agree as follows:
The foregoing recitals
ARTICLE I.
INCORPORATION / DEFINITIONS / EXHIBITS
1.1 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Agreement.
1.2 Definitions. Unless the content indicates others, the following words used in
this Contract shall have the following meanings:
Commission means the Texas Commission on Environmental Quality and any
successor or successors exercising any of its duties and functions related to municipal
utility districts.
Commission mandated means a requirement duly passed or enacted as part of a
Commission rule, regulation, or permitting process. The term does not include a
regulation or requirement that is merely proposed or being considered for passage,
adoption or enactment by the Commission.
Existing Infrastructure means Water System and Wastewater System and all
components thereof existing and operational on the date of execution of this Contract.
Gpd means the gallons per day of Water or Wastewater subject to this Contract.
Gpm means gallons per minute.
Interconnect Line means the water line(s) constructed by the TOWN to connect
to the Master District Water System of the size and at the location to be mutually agreed
upon by the TOWN and the Master District.
Irrigation Wells means any and all wells that may be constructed within the
Property or for the benefit of the Property by TOWN or its designee for irrigation and
maintenance purposes.
Lift Station means any mechanical means of conveying wastewater by force.
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Master District Water System means all the water production pumps, lines,
meters, components, facilities, and equipment owned and used by _Master District to
pump, treat, monitor, convey, supply, and distribute water to the public.
Master District Wastewater System means all the wastewater treatment
facilities, lines, components and equipment owned and/or used by Master District to
collect, convey, treat, monitor, regulate, and dispose of wastewater.
Operator Services means the operation, inspection, maintenance and repair of
the TOWN Water System and the TOWN Wastewater System as more particularly
provided in Article VII of this Contract.
Parties or Party shall mean either Master District or the TOWN or both, as the
context provides.
Points of Connection of Wastewater means that point or points where the TOWN
Wastewater System connects to Master District Wastewater System. The location of the
first Point of Connection of Wastewater shall be at the point shown on Exhibit “A”
attached hereto and incorporated herein for all purposes. Any subsequent Point of
Connection will be at a point(s) mutually agreeable to the Parties.
Points of Connection of Water means that point or points where the TOWN
Water System connects to Master District Water System. The first Point of Connection
shall be at the shown on Exhibit “A”. Any subsequent Points of Connection will be at a
point(s) mutually agreeable to the Parties.
TOWN means the Town of Trophy Club, Texas, a home rule municipality located
in Denton and Tarrant Counties, Texas, and all land included within the territorial limits
and extraterritorial jurisdiction of the TOWN, at TOWN’s creation and thereafter
annexed from time to time.
TOWN Water System means the water distribution system that may be
constructed, owned and operated by the TOWN for the distribution of potable water
received from Master District to customers of the TOWN, ending at the Points of
Connection of Water. Irrigation Wells are not considered part of the TOWN Water
System for purposes of Master District’s operation and maintenance of such system.
TOWN Wastewater System means the wastewater system that may be
constructed, owned and operated by the TOWN to serve the TOWN for the collection of
wastewater received from customers within the TOWN, ending at the Point of
Connection of Wastewater, and will include any sewer force mains and lift stations that
will be required to transport wastewater to the Point of Connection of Wastewater.
Wastewater means the water-carried wastes, exclusive of ground, surface, and
storm waters, normally discharged from the sanitary conveniences of dwellings,
including apartment houses, hotels, offices buildings and institutions, of a domestic, not
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industrial, nature, meeting the requirements of TCEQ and EPA set forth in and
regulated by state and federal law, as may be amended or superseded from time to
time.
Wastewater Services means the services provided by Master District in
receiving, treating, testing, and disposing of Wastewater from the TOWN Wastewater
System in accordance with the Contract.
Wastewater Trunk Facilities means the trunk line facilities that may be constructed by
the TOWN to connect the TOWN Wastewater System to Master District Wastewater
System as provided in Article V of this Contract.
Water means potable water that meets federal and state standards for
consumption by humans.
Water Supply Services means the services provided by Master District in
treating, pumping, transporting, and delivering Water from Master District Water System
to the TOWN Water System for consumption by TOWN customers in accordance with
this Contract.
1.3 Exhibits. The following Exhibits attached to this Contract are hereby made a
part of the Contract as though fully incorporated herein:
Exhibit “A” - Points of Connection of Water and Wastewater
ARTICLE II.
AGREEMENT CONCERNING WATER SUPPLY AND WASTEWATER SERVICES TO
THE TOWN
1.
2.1 Master District’s Obligation to Provide Services. Master District agrees to
provide Water Supply Services to the TOWN in accordance with the terms and
conditions of this Contract. Master District agrees to accept Wastewater from, and to
provide Wastewater Services to, the TOWN in accordance with the terms and
conditions of this Contract, provided that all Wastewater discharged from the TOWN
Wastewater System and delivered to the Points of Connection of Wastewater complies
at the Points of Connection of Wastewater with the quantity and quality restrictions set
forth herein..
2.2 Standard of Service. The Water Supply Services and Wastewater Services
provided by Master District to the TOWN under this Contract shall be substantially
equivalent in quality to the water supply services and wastewater services Master
District provides to other Master District customers.
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ARTICLE III.
CAPACITY BUY-IN AND IMPACT FEES
3.1 Upfront Payment. The Town agrees to pay Master District $540,000 for the
right to access and receive water and wastewater treatment from the existing water and
wastewater systems
3.2 Continuing Payments. The Town will pay to Master District an amount equal to
$2300 per 5/8 by 3/4 meter equivalent for each connection to the existing infrastructure
until said amounts totals $3,260,000.
3.3 Fort Worth Impact. The Town will collect an amount equal to the Impact fee
assessed by the City of Forth Worth and remit this amount to the Master District, which
will in turn remit the same to City of Fort Worth.
ARTICLE IV.
WATER SUPPLY TO THE TOWN
2.
4.1 Water Supply Services. Master District agrees to provide to the TOWN Water
Supply Services sufficient to meet the needs of that part of the Town not served by the
Master district throughout the term of this Contract as more specifically provided herein.
4.2 Maximum Number of Gallons. Master District agrees to provide up to 2.5 MGD
of Water to the TOWN.
4.3 Construction of Commission Mandated Improvements To Existing
Infrastructure. The parties understand that Master District may be required to
construct certain Commission mandated improvements to the Existing Infrastructure. In
the event that such Commission mandated improvements are required, the costs of
those Commission mandated improvements shall be shared by TOWN and Master
District in accordance with the terms of this Section. The parties agree that the costs of
all improvements that are common to the Existing Infrastructure (hereinafter “System”)
shall be shared proportionately between the Town and Master District based upon the
number of users utilizing the System at the time that the Commission mandated
improvement is to be constructed. Payment for these improvements will be made first
utilizing any reserves accumulated prior to the construction of the improvements until
reserves reach a predetermined point recommended by the MUDs’ auditors and agreed
upon by the Town. All future debt service will be serviced by assessing a debt service
component to the utility rates charged to all customers.
4.4 Construction of Commission Mandated Improvements. The parties
understand the Master District may be required to construct certain Commission
mandated improvements. In the event that such Commission mandated improvements
are required, the costs of Commission mandated improvements shall be shared by
TOWN and Master District in accordance with the terms of this Section. The parties
agree that the costs of all improvements that are common to the Infrastructure
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(hereinafter “System”) shall be shared proportionately between the Town and Master
District based upon the number of users utilizing the System at the time that the
Commission mandated improvement is to be constructed. Payment for these
improvements will be made first utilizing any reserves accumulated prior to the
construction of the improvements until reserves reach a predetermined point
recommended by the MUDs’ auditors and agreed upon by the Town. All future debt
service will be serviced by assessing a debt service component to the utility rates
charged to all customers.
4.5 Construction of Other Capital Improvements. The parties understand that it
may be necessary or advisable to construct certain improvements to Water System
and/or Wastewater System. In the event that such improvements are required, the costs
of those improvements shall be shared by TOWN and Master District in accordance
with the terms of this Section. The decisions to be made of the advisability and/or
necessity of said improvement shall be made by the parties hereto as the need arises.
The Town and the Master District shall each appoint a representative to make the
decision, and a third person, agreeable to both parties, to decide, if the representatives
so appointed are unable to agree.
4.6 Points of Connection of and Title to Water. Master District shall deliver Water
to the TOWN Water System at the Points of Connection of Water. Master District will
not provide Water to the TOWN, except for testing of line purposes, until the completion
and final acceptance of the Interconnect Line, at which time Master District shall begin
supplying Water to the TOWN. Title to all Water delivered to the TOWN shall remain in
Master District to the Points of Connection of Water, and upon passing through the
Points of Connection of Water, title thereto shall pass to the TOWN.
4.7 Method of Calculation of Water Charges to the TOWN. Master District’s
charge to the TOWN for water shall be calculated by adding up the total charges for
each month due by each of the TOWN’s customers calculated at the in-district rates
plus charges for any estimated or metered amounts for flushing or other usage by the
TOWN that is not metered (such estimated amounts to be calculated as one in-district
residential customer), provided that the Master District shall include a calculation and
explanation of charges for any estimated or non-metered usage with its monthly
report/invoice to the TOWN.
ARTICLE V.
WASTEWATER SERVICES TO THE TOWN
5.1 Wastewater Capacity. Master District agrees to provide Wastewater Services
600,000 gallons per day of Wastewater to serve the TOWN during the term of this
Contract..
5.2 Point of Connection of and Title to Wastewater. Master District shall receive
Wastewater from the TOWN Wastewater System at the Points of Connection of
Wastewater. Master District will not commence Wastewater Service to the TOWN until
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the completion of the Wastewater Trunk Facilities. Title to all Wastewater deliverable
hereunder to Master District shall remain in the TOWN to the Points of Connection of
Wastewater and upon passing through the Points of Connection of Wastewater, title
thereto shall pass to Master District.
5.3 Charges for Wastewater Services. Master District’s charge to the TOWN for
Wastewater Services shall be calculated by adding up the total charges for that month
for all of the TOWN’s customers, calculated at in-district rates, plus charges for any
estimated or metered amounts for Water taken that is not metered but which would flow
into the TOWN Wastewater System.
5.4 Effluent Produced. The Town shall have the right to all treated effluent
produced resulting from all wastewater delivered to the wastewater treatment facilities
from Town customers at no additional charge.
ARTICLE VI.
CONSTRUCTION OF THE TOWN’S INTERNAL WATER SUPPLY AND
WASTEWATER SERVICES TO THE TOWN
6.1 Construction of the TOWN’s Internal Water and Wastewater Systems. The
TOWN shall design and construct, at its sole cost and expense, a TOWN Water System
and a TOWN Wastewater System to serve the TOWN. The TOWN Water System shall
include all facilities necessary to convey Water from the Points of Connection of Water
to the TOWN's customers. The TOWN's Wastewater System shall include all facilities
necessary to transport Wastewater from the TOWN's customers to the Points of
Connection of Wastewater.
6.2 Irrigation Wells. The TOWN has sole discretion regarding the number and location
of Irrigation Wells that may be constructed within the TOWN. Any and all Irrigation
Wells shall be owned, operated and maintained, or caused to be owned, operated and
maintained by the TOWN
ARTICLE VII.
CONTRACT FOR OPERATOR SERVICES
7.1` Maintenance and Operations. Master District and the TOWN agree that Master
District will act as operator for the TOWN and will provide the following Operator
Services for the TOWN Wastewater System and the TOWN Water System: reading the
individual customer meters; billing, collecting from, and responding to service calls from
TOWN customers; marking water lines for contractors, the monitoring of telemetric
equipment, if any; dead-end water flushes; attendance at TOWN Council meetings to
present reports; back charging persons who cause damage to TOWN facilities;
preparing and filing all operational and compliance reports required by law or requested
by the TOWN, such as those required by the Commission and the United States
Environmental Protection Agency; keeping a clear audit trail of all transactions made by
Master District on behalf of the TOWN; keeping operating records on behalf of the
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TOWN; responding to all correspondence and inquiries regarding TOWN operations
from the TOWN’s Manager, consultants or customers in a prompt and professional
manner; rendering reasonable assistance in the promotion of good relations with TOWN
customers; semi-annual inspection of all TOWN fire hydrants; submission of a written
report to the TOWN each month; billing and collection services; transfer of all TOWN
funds to such accounts or entities as designated by the TOWN from time to time;
notifying customers of upcoming termination of water service for non-payment; meter
reading, removal and installment; non-emergency and emergency repairs; lift station
cleaning as necessary; taking and submitting all water samples to an authorized Texas
Department of Health laboratory in compliance with all rules and regulations applicable
to the TOWN; purchase of materials to provide these services; performance of accuracy
tests on meters as requested by the TOWN; preparation and distribution of the annual
Consumer Confidence Reports; performance of all inspections required by the TOWN’s
Rate Order or otherwise requested by the TOWN and back-charging any such tests to
customers per the Rate Order or the TOWN’s instructions; administration of the
TOWN’s Drought Contingency Plan as presently written and as it may be amended ;
and all other such services that are needed or advisable to maintain the TOWN’s Water
System and Wastewater System in good working order and in compliance with all
applicable laws, rules, and regulations.
7.2 Billing of Customers. Master District shall read the individual meter at each
connection within the TOWN on a monthly basis during the term of this Contract.
TOWN shall make all water and sewer taps and inspections as required by the TOWN’s
then-current rate order (the “Rate Order”). Based on such meter readings, Master
District shall send statements to the customers of the TOWN in accordance with the
TOWN’s then-current Rate Order.
7.4 Transfer of Collections to TOWN. Each month, Master District shall prepare
and deliver a collections report to the TOWN which sets forth all monies collected from
the TOWN’s customers pursuant to the Rate Order with sufficient specificity for the
TOWN to track the source of such income, together with a check payable to the TOWN
for all monies collected. For purposes of maintaining a clear audit trail, Master District
shall not have the right to offset its charges to the TOWN against the collections of the
TOWN, but shall turn over all collections and also invoice the TOWN for all charges
under this Contract. The Parties agree to schedule such transfer of collections by
Master District and payment of all invoices due to Master District so that collections will
be turned over to the TOWN prior to the date that Master District invoices the TOWN for
charges hereunder.
7.5 Invoice to TOWN for Operating Services. Master District shall prepare an
invoice showing the charges to the TOWN for Operator Services provided to the TOWN
in such month. Such invoice may be on the same invoice as that containing charges to
the TOWN for Water Supply Services and Wastewater Services. For provision of the
Operator Services, Master District will charge the TOWN a rate of $23 for combined
water and wastewater Operator Services for each customer provided service to the
Towns distribution or collection system.
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7.6 TOWN Rate Order. The TOWN shall from time to time adopt a Rate Order
setting forth its rates to be charged to customers in the TOWN and will provide Master
District with a copy of the TOWN’s duly adopted Rate Order as it may be amended from
time to time. Master District agrees to bill the TOWN’s customers in accordance with
the TOWN’s Rate Order. The TOWN will set all of the rates for utilities (i.e., water and
sewer rates) provided to its property owners and residents and shall provide such rates
to Master District for Master District’s use in sending utility bills to the customers within
the TOWN. The TOWN further agrees to adjust and maintain from time to time the
rates charged to its customers so that the income to the TOWN from such rates, in
addition to any maintenance tax levied by the TOWN or any operating advances made
by a developer to the TOWN, shall at all times be sufficient to promptly pay to Master
District all such charges when and as the same become due and payable under this
Contract. Master District agrees to provide the TOWN with written notice of any change
in the rates set by MUDs One and Two as charges for water supply and sewage
treatment services to in-district residential customers and the TOWN will amend its rate
order to be effective within sixty (60) days to reflect any changes .
7.7 Standards of Operation. The TOWN Water System and the TOWN Wastewater
System shall be operated, maintained, and repaired in accordance with the standards
applicable to municipal maintenance and operation standards for TOWN’s Water
System and TOWN’s Wastewater System.
7.8 Monthly Reports. Master District shall provide the TOWN each month, before or
at its regular monthly Board meeting, a report that contains the following: total service
connections; total Water purchased; total Water accounted for; new meter orders and
installations; current cash receipt from customer billings; a list of delinquent customers
to which termination notices have been sent, (including an explanation of any appeals
or protests filed by those customers); current billings to customers; current receivables
from customer billings; aged receivables from customer billings; summary of
maintenance and repair back-charges; summary of maintenance and repairs classified
as to the TOWN Water System or the TOWN Wastewater System; certification of the
date that required bacteriological tests were performed; and copies of all reports and
correspondence made by Master District to local, state or federal regulatory agencies
on behalf of the TOWN.
7.9 Insurance. Master District shall keep in force during the term of this Contract
insurance in at least the following amounts:
7.9.1 (a) Comprehensive General Liability insurance with combined limits of
$1,000,000 per occurrence and $2,000,000 in the aggregate covering bodily injury
liability with a limit of not less than $500,000 for one person injured in any way and
subject to such limit, $1,000,000 for more than one person injured in any way in any one
accident and property damage liability with limits of not less than $500,000 for each
accident and $1,000,000 aggregate;
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(b) Automobile liability insurance on owned and non-owned and hired
automotive equipment with $1,000,000 combined single limit per occurrence and
(c) Workman’s Compensation and Employer’s Liability insurance in
compliance with the Texas Employer’s Liability Act and other applicable law.
Master District shall furnish a Certificate of Insurance that certifies insurance policies
required under this Contract upon request by the TOWN.
The TOWN shall keep in force during the term of this Contract insurance in at
least the following amounts:
7.9.2 (a) Comprehensive General Liability insurance with combined limits of
$1,000,000 per occurrence and $2,000,000 in the aggregate covering bodily injury
liability with a limit of not less than $500,000 for one person injured in any way and
subject to such limit, $1,000,000 for more than one person injured in any way in any one
accident and property damage liability with limits of not less than $500,000 for each
accident and $1,000,000 aggregate, after the TOWN takes ownership of any property;
(b) Automobile liability insurance on owned and non-owned and hired
automotive equipment with $1,000,000 combined single limit per occurrence and
(c) Workman’s Compensation and Employer’s Liability insurance in
compliance with the Texas Employer’s Liability Act and other applicable law, if the
TOWN has any employees.
The TOWN shall furnish a Certificate of Insurance that certifies insurance policies
required under this Contract upon request by Master District.
7.10 Water Emergency. Under Town’s ordinance(s), Master District may declare a
"water emergency period" if any condition or event occurs that interrupts the production,
treatment, or transportation of Water in Master District Water System and may impose
conditions on consumption or use of Water. If Master District declares a "water
emergency period" and imposes conditions on Water consumption for its customers in
the existing MUDs under the then-current ordinance, the TOWN agrees, upon
notification by Master District to impose and enforce the same conditions of
consumption on TOWN customers. Where it has become necessary to adopt a drought
contingency plan. Master District will not apply its drought contingency plan on
residential customers within the TOWN in a manner that is more stringent than Master
District’s application of its drought contingency plan on residential customers within _the
MUDs.
7.11 Term. This Contract shall become effective upon approval by each of the
respective governing bodies of Town and Master District and upon execution by their
respective authorized representatives, and shall remain in effect for a term of One (1)
year. Such initial term shall renew annually for a total of five (5) terms of one (1) year
each, unless terminated by either party as provided herein.
7.12 Termination of Contract for Operator Services. Either Party shall have the
right to terminate this contract for Operator Services; however, upon such termination,
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all other provisions of this Contract shall remain in full force and effect. The following
constitutes default:
a. Breach of any provision of this Operations Contract;
b. Failure to perform obligations owed under the Operations Contract in a
reasonably satisfactory manner;
c. Failure to pay any funds owed under this Operations Contract; or
d. Upon written notice by either party at least 180 days in advance thereof,
but not earlier than one year from the date of this Contract.
The Party claiming default shall give written notice to the other Party of the default, and
such Party shall have thirty (30) days to cure such default. If such default is not cured
to the reasonable satisfaction of the non-defaulting Party within such time, the non-
defaulting Party may terminate this Operations Contract by sending written notice to the
defaulting Party stating the effective date of the termination of this Operations Contract.
Notwithstanding the foregoing, either Party may terminate this Operations Contract by
giving one hundred and eighty (180) days written notice to the other Party.
7.13 Termination for Default. Any Party to this Contract who believes that the other
Party to this Contract has defaulted in the performance of any condition, term, or
obligation owed to that Party under the Contract other than the payment of monies
owed hereunder shall give written notice of the default to the defaulting Party, specifying
in detail the provision or provisions of the Contract that have been breached and
specifying what action must be taken to cure or correct the default. Should the Party
receiving the notice fail to correct the default within sixty (60) days following receipt of
the written notice, if such corrective action is within the power of the defaulting Party,
the Party giving the notice of default may terminate this Contract by giving a written
termination notice to the defaulting Party specifying the termination date.
7.14 Consideration. The parties agree that sufficient consideration for this
Agreement exists and is found in the cross promises set forth above and other good
and valuable consideration. ______________________________________________
(ADDITIONAL CONSIDERATION LANGUAGE)
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ARTICLE VIII.
FIRE TAX
8.1 Fire Tax Town shall collect an amount equivalent to the sum that would be
collected if the annual fire tax levied by the MUDs were collected from the residents
residing within the Property. Such sum shall be payment for the pro rata share of the
costs for providing fire services to those residents located within the Property. Costs
shall mean the actual costs of operating the Fire Department currently funded by the
Trophy Club MUDs, and operated by the TOWN pursuant to an interlocal agreement
between Town and the Master District.. The amount of the sum levied and the decision
to annually levy such sum shall be at the discretion of the TOWN, and nothing in this
Contract shall be construed as binding future Town Council decisions or actions relating
to the funding of fire services or the levying of taxes, assessments, or other charges for
fire services.
ARTICLE IX.
MISCELLANEOUS
9.1 Successors. This Contract shall be binding upon the successors or assigns of
the Parties hereto.
9.2 Remedies Cumulative. The Parties specifically agree that the remedy of specific
performance of this Article is an appropriate and necessary remedy and agree that
either Party may employ the remedy of specific performance in the event of a breach of
this Article. It is not intended hereby to specify (and this Contract shall not be
considered as specifying) an exclusive remedy for any default, but all remedies,
including specific performance and mandamus, may be availed of by any Party and
shall be cumulative of any other remedy herein specified.
9.3 Immunity The fact that Town and MUD accept certain responsibilities relating to
the water and wastewater services under this Agreement as part of their responsibility
for providing water and wastewater services to their respective residents makes it
imperative that the performance of these vital services be recognized as a
governmental function and that the doctrine of governmental immunity shall be, and it is
hereby, invoked to the extent possible under the law. Neither Town nor Master District
waives any immunity or defense that would otherwise be available to it against claims
arising from the exercise of governmental powers and functions.
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9.4 Force Majeure. If any Party is rendered unable, wholly or in part, by force majeure
to carry out any of its obligations under this Contract, except the obligation to pay
amounts owed or required to be paid pursuant to the terms of this Contract, then the
obligations of such Party, to the extent affected by such force majeure and to the extent
that due diligence is being used to resume performance at the earliest practicable time,
shall be suspended during the continuance of any inability so caused to the extent
provided but for no longer period. As soon as reasonably possible after the occurrence
of the force majeure relied upon, the Party whose contractual obligations are affected
thereby shall give notice and full particulars of such force majeure to the other Party.
Such cause, as far as possible, shall be remedied with all reasonable diligence. The
term "force majeure," as used herein, shall include without limitation of the generality
thereof, acts of God, strikes, lockouts, or other industrial disturbances, acts of the public
enemy, orders of any kind of the government of the United States or the State of Texas
or any civil or military authority other than a Party to this Contract, insurrections, riots,
epidemics, landslides, lightning, earthquakes, fires, hurricanes, restraint of government
and people, civil disturbances, explosions, breakage or accidents to machinery,
pipelines or canals, partial or entire failure of water supply resulting in an inability to
provide water necessary for operation of the water and sewer systems hereunder or in
an inability of Master District to provide Water or receive Wastewater, and any other
inabilities of any Party, whether similar to those enumerated or otherwise, which are not
within the control of the Party claiming such inability, which such Party could not have
avoided by the exercise of due diligence and care. It is understood and agreed that the
settlement of strikes and lockouts shall be entirely within the discretion of the Party
having the difficulty, and that the above requirement that any force majeure shall be
remedied with all reasonable dispatch shall not require the settlement of strikes and
lockouts by acceding to the demands of the opposing Party when such settlement is
unfavorable to it in the judgment of the Party experiencing such difficulty.
9.5 Applicable Law. This Contract shall be governed by the laws of the State of
Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Denton County.
9.6 No Additional Waiver Implied. No waiver or waivers of any breach or default (or
any beaches or defaults) by any Party hereto of any term, covenant, condition, or
liability hereunder, or the performance by any Party of any duty or obligation hereunder,
shall be deemed or construed to be a waiver of subsequent breaches or defaults of any
kind, under any circumstances.
9.7 Addresses and Notice. Unless otherwise provided in this Contract, any notice,
communication, request, reply, or advice (herein severally and collectively, for
convenience, called "Notice") herein provided or permitted to be given, made, or
accepted by any Party to the other (except bills), must be in writing and may be given or
be serviced by depositing the same in the United States mail postpaid and registered or
certified and addressed to the Party to be notified, with return receipt requested, or by
delivering the same to such Party, addressed to the Party to be notified. Notice
deposited in the mail in the manner hereinabove described shall be conclusively
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deemed to be effective, unless otherwise stated in this Contract, from and after the
expiration of three (3) days after it is so deposited. Notice given in any such other
manner shall be effective when received by the Party to be notified. For the purpose of
notice, addresses of the Parties shall, until changed as hereinafter provided, be as
follows:
If to ______________, to: If to TOWN, to:
MUD Manager Town Manager,
100 Municipal Drive 100 Municipal Drive
Trophy Club, Texas 76262 Trophy Club, Texas 76262
The Parties shall have the right from time to time and at any time to change
their respective addresses and each shall have the right to specify and any other
address by at least fifteen (15) days' written notice to the other.
9.8 Merger and Modification. This Contract, including the exhibits that are attached
hereto and incorporated herein for all purposes, embodies the entire agreement
between the parties relative to the subject matter hereof. This Contract shall be subject
to change or modification only with the written mutual consent of the Parties.
9.9 Severability. The provisions of this Contract are severable, and if any part of this
Contract or the application thereof to any person or circumstances shall ever be held by
any court of competent jurisdiction to be invalid or unconstitutional for any reason, the
remainder of this Contract and the application of part of this Contract to other persons or
circumstances shall not be affected thereby.
9.10 Assignability. This Contract shall be binding upon and inure to the benefit of the
parties hereto and their successors. This Contract shall not be assigned without the
written consent of the governing bodies of the respective entities.
9.11 Benefits of Contract. This Contract is for the benefit of ______________ and
TOWN and their successors and assigns and shall not be construed to confer any
benefit on any other person or entity except as expressly provided for herein.
9.12 Non Binding Mediation. The parties agree that they shall first attempt to
resolve disputes hereunder by the use of non-binding mediation. Therefore, in the
event that any alleged default under this Contract cannot be resolved by agreement of
the parties or in the event that the parties cannot resolve a conflict in or disagreement
regarding interpretation of a specific provision(s) of this Contract, the dispute, conflict or
disagreement shall be submitted to non-binding mediation as a condition precedent to
(1) the filing of any lawsuit, and (2) the filing of any other type of legal or equitable
action to resolve such default or dispute or to pursue available legal or equitable
remedies. The costs of mediation shall be shared equally by all parties participating in
the mediation.
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9.13 Consent and Approvals. Whenever this Contract provides for the approval or
consent of one of the Parties, such consent or approval shall not be unreasonably
withheld or delayed.
[EXECUTION PAGES FOLLOW]
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TOWN OF TROPHY CLUB, TEXAS
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
(TOWN SEAL)
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 2
By:
ATTEST:
By:
Name:
Title:
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-2-2007
Subject: Agenda Item No.F.1
Adjourn.