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Agenda Packet TC 08/06/2007 1 Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, August 6, 2007 5:00 P.M. A.1 Call to order and announce a quorum. A.2 Budget Workshop (5:00 - 7:00 P.M.) A.3 Invocation. A.4 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 state under God and indivisible."." 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 Consent Agenda: Discuss and take appropriate action regarding the ratification of the Subdivider's Agreement for a 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 9, 2007. B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 23, 2007. C.1 Discuss and take appropriate action regarding a request from Carter & Burgess, Inc. on behalf of 831 Trophy, L.P./Centurion Acquisitions, L.P. to approve both Preliminary and Final Platting of The Highlands at Trophy Club Master Thoroughfare/Infrastructure to be known as a Final Plat of Trophy Club Drive & Trophy Club Park Drive (23.685 acres) (FP-07-010). (REFERRED FROM 7-9- 07 COUNCIL MEETING; TABLED AT 7-23-07 COUNCIL MEETING) A. Discuss and take appropriate action regarding the approval of the Subdivider's Agreement for a 23.685 acre tract of land known as Trophy Club Drive and Trophy Club Park Drive. 2 C.2 Discuss and take appropriate action regarding the approval of the Subdivider's Agreement for The Highlands at Trophy Club Neighborhood 3, Phase 1A and Neighborhoods 3 & 4, Phase 1B. C.3 Discuss and take appropriate action regarding the use of the Trophy Club Times as the Town's newsletter. C.4 Present and discuss 2007 Certified Appraisal Records and Effective/Rollback Tax Rate Calculations. C.5 Discuss and take appropriate action regarding a Resolution to approve the placement of a proposal to adopt a 2007 Tax Rate on the September 24, 2007 Town Council Public Meeting Agenda as an action item. C.6 Discuss and take appropriate action regarding the regularly scheduled Town Council meetings for the month of September. C.7 Discuss and take appropriate action to approve financials and variance report dated June 2007. C.8 Discuss and take appropriate action to approve Minutes dated, April 2, 2007. C.9 Discuss and take appropriate action to approve Minutes dated, July 12, 2007. C.10 Discuss and provide input regarding the first draft of ballot language for the November Charter amendment Election. C.11 Review and discuss first draft of the Service and Assessment Plan for emergency services to be provided to the PID. C.12 Discuss and provide input regarding suggested revisions to the Ethics Section of the Handbook for Elected and Appointed Officials. C.13 Items for Future Agenda. C.14 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 Manager's Report. D.1 Adjourn. 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.A.2 Budget Workshop (5:00 - 7:00 P.M.) EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: () Attachments: 1. None 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.A.3 Invocation. 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.A.4 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 state under God and indivisible."." 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 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. 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action regarding the ratification of the Subdivider's Agreement for a 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. EXPLANATION: The Town Council approved the Final Plat of Churchill Downs on June 18, 2007 and gave the Town Manager authority to complete negotiations and details of the Subdivider’s Agreement, bringing the Agreement back to Council on a consent agenda for ratification. (ceh) Attachments: 1. Churchill Down’s Subdivider’s Agreement 9 CHURCHILL DOWNS SUBDIVIDER'S AGREEMENT An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as the "TOWN") and Southwest Downs, L.P. acting by and through its duly authorized representative (hereinafter referred to as the "DEVELOPER"), for the installation of public improvements and facilities within the TOWN limits of Trophy Club, Texas, for Churchill Downs, more particularly described as a tract of land consisting of approximately 12.23 acres of land, hereinafter being referred to collectively as the "PROJECT," and such public improvements being more particularly described in Section II of this AGREEMENT. It is understood by and between the parties that this AGREEMENT is applicable to the lot(s) contained within the Final Plat and to the offsite improvements necessary to support the PROJECT, more particularly described in Section II of this AGREEMENT. It is further agreed that this AGREEMENT, when properly signed and executed, shall satisfy the requirements of the TOWN’S Subdivision Regulations Code, Chapter 12, Section VII of the Town’s Code of Ordinances. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the DEVELOPER has employed a registered public surveyor licensed to practice in the State of Texas to prepare a final plat of the PROJECT. The Project is planned to be platted for Single Family Residential Lots together with allowed incidental and accessory uses. The Project received preliminary plat approval from the Town on 5 February 2007. B. It is agreed and understood by the parties hereto that the DEVELOPER has employed a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all public improvements and facilities described in Section II and covered by this AGREEMENT. Unless otherwise specified herein, such plans and specifications shall be in accordance with the TOWN’S "Design Standards for Paving, Drainage and Utility Improvements" and the North Central Texas Council of Governments’ (NCTCOG) Standard Specifications for Public Works Construction, as presently adopted. C. The DEVELOPER will award its own construction contract for the construction of all PROJECT street, sanitary sewer, and other drainage public improvements and facilities for the completion of the Project. The DEVELOPER agrees to employ a construction contractor(s) who is approved by the TOWN, said contractor(s) to meet TOWN and statutory requirements for being insured, licensed and bonded to perform work in public rights-of-way and to be qualified in all respects to bid on public streets and public projects of a similar nature. The DEVELOPER agrees to submit contract documents to the TOWN and participate in a pre-construction meeting with the TOWN and all Developer contractors. D. Prior to the execution of this Agreement, the commencement of construction, the filing of the Final Plat, or the issuance of any building permits, the DEVELOPER shall present to the TOWN a performance bond(s), payment bond(s) and maintenance bond(s), meeting the requirements of Chapter 2253 of the Texas 10 Government Code. Each bond shall individually guarantee and agree to pay an amount equal to one hundred percent (100%) of the value of the construction costs (as determined by the TOWN Engineer) for all public improvements and facilities to be constructed by or on behalf of the Developer for the Project. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the TOWN, through the Town Attorney, shall retain the right to reject any surety company as a surety for any work under this or any other SUBDIVIDER’S AGREEMENT regardless of such Company’s authorization to do business in Texas. Approvals by the TOWN shall not be unreasonably withheld or delayed. 1) As an alternative to providing a surety bond for performance and a surety bond for maintenance as specified hereinabove, Developer may provide financial assurances for performance and maintenance in the form of a cash deposit, a certificate of deposit, or irrevocable letter of credit. Provided however, that such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. 2) As an alternative to the Developer providing a performance bond, payment bond, and maintenance bond, as specified above, Developer may provide financial assurances for performance, payment and maintenance from a single general contractor for the Project, provided that such assurances meet all other requirements specified hereinabove and the Town is named as a dual obligee on each such bond. Additionally, such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. E. The performance bond(s) shall be submitted in statutory form guaranteeing the full and faithful completion of the facilities and improvements required under this Agreement for completion of the PROJECT to the TOWN and provide for payment to the TOWN of such amounts up to the total remaining amounts required for the completion of the PROJECT if the work is not completed as required hereunder. F. The payment bond(s) shall be submitted in statutory form guaranteeing payment of all labor and material costs of the Project and shall be furnished solely for the protection of all claimants supplying labor and material in the performance of the work provided for under this AGREEMENT. The maintenance bond(s) shall guarantee the payment of any and all necessary maintenance of the Project for a period of two (2) years following acceptance of the public improvements and facilities by the TOWN, in an amount equal to one hundred (100%) percent of the value of the construction costs of all the public improvements and facilities to be constructed under this Agreement in respect to the Project. G. Any guarantee of performance, maintenance, or payment instrument (e.g., performance bond, payment bond, maintenance bond, letters of credit, and/or cash deposit or the like) (individually a “Guarantee” or collectively the “Guarantees”) submitted by or through the DEVELOPER on a form other than the one which has been previously approved by the TOWN as "acceptable" shall be submitted to the 11 Town Attorney at the DEVELOPER'S expense, and construction of the Project shall not commence until the Town Attorney has approved such Guarantees. Approval by the TOWN (and the Town Attorney) shall not be unreasonably withheld or delayed. All such Guarantees shall be maintained in full force and effect until such time as the DEVELOPER has fully complied with the terms and conditions of this AGREEMENT as agreed to in writing by the TOWN, and failure to keep same in force and effect shall constitute a breach of this AGREEMENT. Failure to maintain performance and payment Guarantees meeting the requirements of this AGREEMENT shall result in a stop work order being issued by the Town. Additionally, all Guarantees furnished hereunder which expire prior to the completion of construction or applicable warranty periods shall be renewed in amounts designated by the TOWN and shall be delivered to the TOWN and approved by the TOWN on or before the tenth (10th) banking day before the date of expiration of any then existing Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN within the time prescribed herein, such failure shall constitute a breach of this AGREEMENT and shall be a basis for the TOWN to draw on all or any portion of any existing Guarantee in addition to any or all other remedies available to the TOWN. The DEVELOPER further agrees to release and forever hold the TOWN harmless from any losses, damages and/or expenses incurred by the DEVELOPER for any delays due to the TOWN'S review of any Guarantee which is in a form other than one which has been previously approved by the TOWN. The TOWN requires the DEVELOPER to have all Guarantee forms approved prior to the commencement of work and construction of improvements. H. It is further agreed and understood by the parties hereto that upon acceptance thereof by the TOWN of all public improvements and facilities as described in Section II of this Agreement, title to all such improvements and facilities shall be vested in the TOWN, and the DEVELOPER hereby relinquishes any right, title, or interest in and to such improvements and facilities or any part thereof. It is further understood and agreed that until the TOWN accepts such improvements and facilities, the TOWN shall have no liability or responsibility with respect thereto. Acceptance of the improvements and facilities shall occur at such time as the TOWN, through its TOWN Engineer, provides the DEVELOPER with a written acknowledgment that all improvements and facilities are complete, have been inspected and approved and are being accepted by the TOWN. I. The DEVELOPER’S Engineer has prepared detailed estimates of $717,095.80 and the TOWN Engineer has approved an estimate of $717,095.80 for the cost of public improvements and facilities for the Project. The detailed cost estimates are a part of this AGREEMENT and are attached hereto as "Attachment A" and incorporated herein. The TOWN shall not accept any construction improvements outside of the Project and the two (2) year warranty for such improvements shall not commence until all construction activities are completed and accepted by the TOWN. J. Upon TOWN’S approval and acceptance of the final plat and the engineering plans, the final plat will be recorded with the County Clerk of Denton County. No building permits will be issued in for any lots on/in the Project until the final plat is filed and the public improvements and facilities specified herein are completed and accepted by the TOWN. 12 K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major subcontractors) and TOWN, as well as any other third party deemed necessary by the Town, shall participate in a pre-construction conference prior to the initiation of any work. At or prior to the pre-construction meeting, Developer shall provide the TOWN with the following documents: 1) Two (2) copies of all executed construction contracts; 2) List of all contractors/subcontractors and their project assignments; 3) Five (5) sets (and additional sets as necessary for any contractors) of approved construction plans and specifications. This list of contractors/subcontractors shall be updated within seven days of any changes. The DEVELOPER agrees to give the TOWN at least twenty-four (24) hours prior written notice of his/her intent to commence construction of all public improvements and facilities, so that the TOWN, if it so desires, may have its representatives available to inspect the beginning and continuing progress of all work. Developer shall submit all documentation evidencing that each of the Guarantees required under this Agreement have been provided and all required insurance has been obtained prior to the pre-construction meeting. L. The DEVELOPER agrees to notify all contractors and subcontractors working on the PROJECT that all their work is subject to inspection by a TOWN Inspector at any time, and that such inspection may require a certification by the contractors and subcontractors of the type, kind, and quality of materials used on the PROJECT. M. Should any work or construction of improvements or facilities on the PROJECT which has not been contemplated in the current construction documents (plans and specifications), the plat, or this AGREEMENT, become necessary due to site conditions, then the DEVELOPER shall be required to contact in writing (with a copy to the TOWN of Trophy Club), with the TOWN Engineer to determine how such work or construction should progress. The DEVELOPER further agrees to follow all reasonable recommendations and requirements imposed by the TOWN Engineer in such instance. (Addresses for points of contact are as follows:) Town of Trophy Club Teague, Nall & Perkins Mr. Brandon Emmons, Town Manager Mr. Tom Rutledge, Town Engineer 100 Municipal Drive 1100 Macon Street Trophy Club, Texas 76262 Fort Worth, Texas 76102 Phone: 682/831-4600 Phone: 817.336.5773 Fax: 817.490.0705 Fax: 817.336.2813 Email: bemmons@ci.trophyclub.tx.us Email: trutledge@tnp-online.com N. The DEVELOPER agrees to cause all work and construction of improvements and facilities to be stopped upon twenty-four (24) hour notification from the TOWN Engineer of nonconforming improvements, including the materials used and the methods of installation. The DEVELOPER further agrees to correct all nonconformities in accordance with the TOWN Engineer’s instructions. O. The DEVELOPER is encouraged not to convey title of any lots of the PROJECT, until all construction in respect to the PROJECT required in Section II is complete and the TOWN has approved and accepted the work and improvements in respect 13 thereof. The DEVELOPER understands that the TOWN will issue no building permits for improvements on any lot in the Project until all public improvements and facilities in respect to the Project are completed in accordance with this Agreement. Further, DEVELOPER agrees to inform all persons or entities purchasing the lots or any interest in the lots that TOWN will not issue any building permits until all public improvements and facilities are completed in accordance with this Agreement. P. After completion and prior to acceptance of all work, the DEVELOPER must furnish to the TOWN an affidavit of all bills paid. Q. MAINTENANCE RESPONSIBILITY FOR COMMON AREAS – not applicable. II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED A. Phase 1. The following public improvements and facilities to be constructed as Phase 1 of the Project shall be completed in accordance with the approved plans and specifications as described in the stamped, approved Construction Plans: 1) Streets. 2) Drainage and Storm Sewer. 3) Sewer. 4) Water Distribution System. 5) Signs. 6) Lights. B. Other. 1. Bench marks to be located as shown on the approved plans. 2. Upon completion, three (3) sets of as-builts/record drawings and one (1) set of reproducible (Mylar) drawings shall be submitted to the TOWN within two (2) months following the acceptance of the public improvements and facilities. 3. Testing The Developer shall provide all geotechnical and materials tests required by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost in accordance with Section 7.03 of Article 7, Chapter 12 of the Town’s Code of Ordinances.. Such tests shall be conducted by an independent laboratory retained by the Town. 4. Permits The DEVELOPER will pay a Community Facilities inspection fee in the amount of $35,854.79 (5% of $717,095.80) to cover the cost of TOWN inspection fees as related to the construction of the Project. The Developers may be obligated to pay other TOWN fees as set forth in the TOWN’S Schedule of Fees, as may be amended from time to time. The DEVELOPER will be responsible for obtaining any other permits which may be required by other federal, state or local authorities. 14 5. Churchill Downs, Trophy Club Extra Territorial Jurisdiction Developer shall construct and maintain all improvements in accordance with Chapter 12, Section VII of the TOWN’S Subdivision Regulations Code, in the Town’s Code of Ordinances, and all TOWN approved amendments thereto. III. GENERAL PROVISIONS A. Road Escrow. Within ten (10) days of execution of this Agreement, DEVELOPER agrees to pay to TOWN the amount of Twenty-Five Thousand and NO/100 Dollars ($25,000.00) to be deposited into a Road Escrow Account maintained by TOWN. The funds in the account shall be for the sole purpose of paying the costs of repairs and improvements to that certain portion of the road currently known as Marshall Creek Road that abuts DEVELOPER’s Project and that are necessary as a result of DEVELOPER’s Project (hereinafter “Improvements to the Project Road”). Town shall maintain such funds in a separate escrow account to be used solely for the purpose of making Improvements to the Project Road that arise out of or result from DEVELOPER’s Project. The Escrow Account shall be maintained by Town until such time as the Town makes a final acceptance of the Improvements to Project Road required by the Town’s Subdivision Regulations for the Project or for a period of ten (10) years from the date of deposit of the funds, whichever occurs first. DEVELOPER agrees and understands that the payment of $25,000.00 is only a portion of the costs of the Improvements to Project Road required by the Project and that such cost is roughly proportionate to the proposed Project. B. The DEVELOPER agrees to furnish and maintain at all times prior to the TOWN’S final acceptance of the public improvements and community facilities for the Project, an owners protective liability insurance policy naming the TOWN as insured for property damage and bodily injury in the amounts. Coverage shall be on an “occurrence” basis and shall be issued with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. C. Exclusive venue of any action brought hereunder shall be in Denton, Denton County, Texas. D. INDEMNITY: E. APPROVAL BY THE TOWN ENGINEER OF ANY PLANS, DESIGNS OR SPECIFICATIONS SUBMITTED BY THE DEVELOPER PURSUANT TO THIS AGREEMENT SHALL NOT CONSTITUTE OR BE DEEMED TO BE A RELEASE OF THE RESPONSIBILITY AND LIABILITY OF THE DEVELOPER, HIS ENGINEER, EMPLOYEES, OFFICERS OR AGENTS WITH RESPECT TO THE CONSTRUCTION OF ANY OF THE PROJECT’S IMPROVEMENTS OR FACILITIES, OR FOR THE ACCURACY AND COMPETENCY OF THE PROJECT’S IMPROVEMENTS AND FACILITIES DESIGN AND SPECIFICATIONS PREPARED BY THE DEVELOPER'S CONSULTING ENGINEER, HIS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, IT BEING THE INTENT OF THE PARTIES THAT THE APPROVAL BY THE TOWN ENGINEER SIGNIFIES THE TOWN'S APPROVAL ON ONLY THE GENERAL DESIGN CONCEPT OF THE IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED. THE DEVELOPER SHALL RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN, ITS OFFICERS, AGENTS, SERVANTS AND 15 EMPLOYEES, FROM ANY DEMANDS, ACTIONS, CAUSES OF ACTION, OBLIGATIONS, LOSS, DAMAGE, LIABILITY OR EXPENSE, INCLUDING ATTORNEYS FEES AND EXPENSES, ON ACCOUNT OF OR WITH RESPECT TO DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS WHICH MAY ARISE OUT OF OR RESULT FROM ANY DEFECT, DEFICIENCY OR NEGLIGENCE IN THE CONSTRUCTION OF THE PROJECT’S PUBLIC IMPROVEMENTS AND FACILITIES OR WITH RESPECT TO THE DEVELOPER'S ENGINEER’S DESIGNS AND SPECIFICATIONS INCORPORATED INTO ANY IMPROVEMENTS AND FACILITIES CONSTRUCTED IN ACCORDANCE THEREWITH, AND THE DEVELOPER SHALL DEFEND AT HIS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST THE TOWN, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR ANY OF THEM, ON ACCOUNT THEREOF, AND PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED OR RENDERED AGAINST THEM OR ANY OF THEM IN CONNECTION HEREWITH. ALL RESPONSIBILITY AND LIABILITY FOR DRAINAGE TO ADJACENT AND DOWNSTREAM PROPERTIES FROM DEVELOPMENT OF THIS PROJECT WILL ACCRUE TO THE DEVELOPER. F. INDEMNITY AND LIABILITY FOR CONSTRUCTION. THE DEVELOPER, ITS SUCCESSORS, PERMITTEES, PERMITTED ASSIGNS, VENDORS, GRANTEES AND/OR TRUSTEES DO HEREBY FULLY RELEASE AND AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE TOWN, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ALL LOSSES, DAMAGE LIABILITIES, CLAIMS, OBLIGATIONS, PENALTIES, CHARGES, COSTS OR EXPENSES OF ANY NATURE WHATSOEVER, FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, RESULTING FROM OR IN ANY WAY CONNECTED WITH THIS CONTRACT OR THE CONSTRUCTION OF THE IMPROVEMENTS OR FACILITIES OR THE FAILURE TO SAFEGUARD CONSTRUCTION WORK, OR ANY OTHER ACT OR OMISSION OF THE DEVELOPER OR ITS CONTRACTORS OR SUBCONTRACTORS, THEIR OFFICERS, AGENTS, SERVANTS OR EMPLOYEES RELATED THERETO. G. Final Acceptance of Infrastructure. The TOWN will not issue a Letter of Acceptance until all public facilities and improvements are completely constructed (Final Completion) to the satisfaction of the TOWN Engineer or his agent. However, upon Substantial Completion, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Improvements. H. Neither this Agreement nor any part hereof or any interests, rights, or obligations herein, shall not be assigned by the DEVELOPER without the express written consent of the TOWN Council. I. All work performed under this AGREEMENT shall be completed within eighteen months from the date hereof. In the event the work is not completed within the eighteen (18) month period, the TOWN may, at its sole election, draw down or otherwise exercise it rights under or with respect to any Guarantee provided by the DEVELOPER and complete such work at DEVELOPER'S expense; provided, however, that if the construction under this AGREEMENT shall have started within the eighteen (18) month period, the TOWN may agree to renew the AGREEMENT with such renewed AGREEMENT to be in writing and in compliance with the TOWN 16 policies in effect at that time. Notwithstanding the foregoing, in the event that the performance by either party of any of its’ obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of either party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, or sovereign conduct, then upon written notice of such occurrence, such party shall be excused from performance for a period of time as is reasonably necessary after such occurrence to remedy the effects thereof, and each party shall bear the cost of any expense it may incur due to the occurrence. J. This Subdivider's AGREEMENT shall be construed in accordance with the Town of Trophy Club, Texas Subdivision Regulations and all other applicable ordinances. Any conflicts between the provisions of this Subdivider’s AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and State and Federal law, shall be construed in favor of the Town’s ordinance(s) as allowed by law, subject to Chapter 245 of the Local Government Code. To the extent that any such conflict exists, only that portion of the Subdivider’s AGREEMENT which is in conflict shall be severable from the other provisions of the AGREEMENT, and such conflict shall in no manner affect the validity or enforceability of the remaining provisions. K. All rights, remedies and privileges permitted or available to the TOWN under this AGREEMENT or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the Town in the enforcement of any such right, remedy or privilege, shall not constitute a waiver of such right, remedy or privilege by the Town. A default under this Agreement by the TOWN shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by the TOWN. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Date: TOWN OF TROPHY CLUB: By: Mayor, TOWN of Trophy Club ATTEST: ___________________________ Town Secretary, Town of Trophy Club 17 Date: ______________________ APPROVED AS TO FORM: ____________________________ Town Attorney, Town of Trophy Club 18 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 9, 2007. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Minutes date July 9, 2007 19 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, July 9, 2007 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, July 9, 2007. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Mayor Pro Tem Pam Cates Council Member Jim Moss Council Member Philip Sterling Council Member Kathleen Wilson Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Lisa Ramsey Town Secretary Patricia Adams Town Attorney Sakura Moten-Dedrick Finance Director Danny Thomas Fire Chief Scott Kniffen Police Chief Carolyn Huggins Planning Coordinator A.1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present. A.2 Fire Chief Danny Thomas gave the Invocation. A.3 Josh Shuster, from Boy Scout Troop 1910 led the Pledges. A.4 Discuss and take appropriate action in regard to a Proclamation to recognize the outstanding achievement by Josh Shuster/Trophy Club Boy Scout Troop 910, and congratulating him on his achievement of the Eagle Scout Award. Mayor Sanders noted that the Troop number should be 1910 and introduced Josh Shuster. 20 Motion made by Edstrom, seconded by Cates to approve the Proclamation with the correction. Motion passed unanimously. Mayor Sanders congratulated Mr. Shuster on his achievement and presented him with the Proclamation. A.5 Discuss and take appropriate action in regard to a Proclamation to recognize August 7, 2007 as National Night Out. Mayor Sanders read the Proclamation. Police Chief Scott Kniffen gave a brief outline of events scheduled for National Night out. Motion made by Cates, seconded by Moss to approve the Proclamation. Motion passed unanimously. A.6 Tarrant County Commissioner Gary Fickes to address Council on transportation issues, and Council discussion of the same. Tarrant County Commissioner Gary Fickes introduced the Precinct Administrator, Carolyn Simms and the Superintendent of the Precinct 3D Road Maintenance, Neil Welsh of the Precinct. Commissioner Fickes said they are visiting every city in their precinct and speaking about road maintenance and rebuilding; the key focus in Trophy Club is the 200 residential lots. Commissioner Fickes requested the Council and Staff to let him know about any projects so that he can assist. Commissioner Fickes spoke about Tarrant County Regional Transportation; commended Mayor Sanders for his involvement and said they are working on some very good things. A.7 Citizen presentations: Dave Glaser, 15 Overhill Drive, Trophy Club – Shared with the Council the discussions in neighborhoods regarding the floods. The residents are concerned about the feelings and the comments about Ordinances that were approved several years ago and suggested that the Town look at updating the Ordinances and that the Council ask the tough questions. If you fail to control the events in your life the events in your life will control you. All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Motion made by Council member Wilson seconded by Council member Edstrom to approve the Consent Agenda, Item B.1. through B.2. 21 Motion passed unanimously without further discussion B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, June 18, 2007. B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, June 19, 2007. End of Consent Agenda TOWN COUNCIL CONVENED INTO REGULAR SESSION AT 7:31P.M. *REGULAR SESSION Moved up C.4 as Keenan Rice has to catch a plane C.1 Discuss and take appropriate action regarding a request from Carter & Burgess, Inc. on behalf of 831 Trophy, L.P./Centurion Acquisitions, L.P. to approve both Preliminary and Final Platting of The Highlands at Trophy Club Master Thoroughfare/Infrastructure to be known as a Final Plat of Trophy Club Drive & Trophy Club Park Drive (23.685 acres). FP-07-010 Preliminary and Final Plat Approval for The Master Thoroughfare/Infrastructure plats. A. Discuss and take appropriate action regarding the approval of the Sub- divider's Agreement for a 23.685 acre tract of land known as Trophy Club Drive and Trophy Club Park Drive. Mayor Sanders said several areas of concern were identified while working through this plat and the Sub-divider’s agreement still has items that needed clarified. Sanders stated staff’s intention is to refer until July 23rd. Town Manager Emmons explained the process for dedicating the right away starts with approval of this plat, the construction of the plat will be implemented under the PID and the question remains if the Attorney General will allow the dedication if approved tonight. Emmons suggested an option of a smaller infrastructure and then issuing a larger one as we work down as he would like to work with the developer’s a little more. Mayor Sanders acknowledged Dean Stuller from Innovative Transportation Solutions, Inc. who will answer questions regarding the Highlands Traffic Impact Analysis (TIA) report, Jim Wiegert from Carter-Burgess and Tom Rutledge from Teague, Nall and Perkins. Council member Sterling asked if the new lights on HWY 377 and Marshall Creek will impact this analysis. Dean Stuller does not believe there will be any direct impact as it is outside the Town, but may change some traffic patterns. 22 Council member Cates asked for clarification of the stipulations placed on the plat by the Planning and Zoning Commission. Planning and Zoning Chairman, Gene Hill explained 50-ft. access easement across the common area into the slip road, that the developer, Hillwood, wanted to have an access point at midway of the slip road as that is where the model homes are to be located. It is temporary and will eventually be removed; therefore the Commission requested this be labeled as “temporary” on the plat. Motion made by Moss, seconded by Edstrom to refer to a future date uncertain. Planning and Zoning Chairman, Gene Hill said he would hold his report until the time Council considers this item. Motion passed unanimously without further discussion. C.2 Discuss and take appropriate action regarding a request from Carter & Burgess, Inc. on behalf of K. Hovnanian Homes-DFW, L.L.C. to approve a Final Plat of Lots 1-14, Block A, The Highlands at Trophy Club Neighborhood 3, Phase 1A (4.885 acres) (located on the east side of Trophy Club Drive adjacent to Durango Drive and north of The Quorum Condominium Property). FP-07-014 Final Plat for The Highlands at Trophy Club Neighborhood 3, Phase 1A. Planning and Zoning Chairman, Gene Hill said the Planning & Zoning Commission recommended approval at the June 21, 2007, Planning & Zoning Commission meeting by a unanimous vote of 6-0. Jaison Stephen and Jim Wiegert from Carter and Burgess and Brian Carlock from Hillwood were in attendance. Jaison Stephen presented a map which defined the area. Town Manager Emmons questioned what contingencies are in place for traffic on Trophy Club Drive considering the Master Infrastructure request was just referred. Dean Stuller from Innovative Transportation Systems does not see an impact as this request is for only 14 lots. Stuller said by the end of this development, we may want to consider increasing to two lanes adding the level of service during the peak hour is in between C and D. Mayor Sanders confirmed the first home owners are estimated to move in next year around May or June. The Town’s intent is to bid the extension of Trophy Club Drive to four lanes as one big project. Sanders added the Council should also decide on the proposal to change Marshall Creek Drive to North West Parkway Council member Moss asked for clarification on the different levels in the traffic analysis. Dean Stuller explained level service C is the capacity per hour, per lane; if you can achieve a level C in the peak hours on a thorough fare you are doing well, a level D creates more congestion. There are not plans in stage one to change the intersection at Trophy Club Drive and Trophy Lake. 23 Jim Wiegret confirmed the signalization at Trophy Club Drive and Trophy Lake will be addressed once 1,226 lots are on the ground. Mayor Sanders added the Texas Commission of Transportation awarded the bid to NTTA to address the issue at Trophy Lake and HWY 114, turning HWY 170 into a toll road and considering a request for an acceleration lane on HWY 114 exiting Trophy Club Drive. Motion made by Moss, seconded by Edstrom to approve. Council member Sterling questioned the utility easement on Lot One. Jaison Stephen said this is an existing sanitary sewer line, an easement was never prepared or filed on this property but was granted by the plat. David Chudnow, 1500 Plantation Oaks Drive – Spoke against approval of this item. Mr. Chudnow commended Mayor Sanders, Council members Wilson and Moss, Town Manager Emmons, Fire Chief Danny Thomas and Building Inspector, Chris King for touring the facilities and damages and said the residents were upset that not all City Officials and staff contacted them. Mr. Chudnow beseeched the Council for the development to be halted and suspended until the necessary impact study may be completed. Gina Treaster, 350 Quorum Dr, #902 (Donate time to David Chudnow) AGAINST Dirk Anderson, 350 Quorum Dr, #703 (Donate time to David Chudnow) AGAINST Robert Franklin, 350 Quorum Dr, #902 (Donate time to David Chudnow) AGAINST) Kathleen Ernst, 350 Quorum Dr, #704A (Donate time to David Chudnow) AGAINST Regina McCaghren, 350 Quorum Dr, #805 (Donate time to David Chudnow) AGAINST Jason McCaghren, 350 Quorum Dr, #805 (Donate time to David Chudnow) AGAINST Council member Cates asked for specifics regarding the water flow issues. Town Manager Emmons explained that the Town’s development Standards requires that development be designed to withstand a 25 year flood event; however the events of June 18th were classified as a 100 year flood event. Tom Rutledge said a drainage study was completed in January 2007 and the Town’s Flood Plain Administration and process was submitted to FEMA. After reviewing the current FEMA maps, some of the Quorum apartments do indicate that they are in a flood plain. Jim Wiegret acknowledged the unfortunate damage at the Quorum and confirmed that the developer obtained a tree mitigation and grading permit prior to starting any grading. Wiegret concluded with his belief that the development and grading was not the factor of the flooding. Council member Cates confirmed disclosure to tenants of apartments in a flood plain is not mandated by Town Ordinance. Charles Parirsh, 316 Indian Creek – Asked if a Declaration of the 100 Flood has been declared. 24 Mayor Sanders advised of the Town Hall Meeting on Tuesday, July 10th with FEMA at 7 PM. Sanders confirmed that Carter and Burgess received their CLOMA from FEMA in April and asked them to confirm what activity was going on the day after the rain event. Jim Sabonis responded no activity, only erosion control and repair of silk fence. Jaison Stephen explained through computer modeling it was determined that there would not be and the CORP governs and regulates the streams. Town Manager Emmons added that CORP has jurisdictional control on this creek regarding filtering any maintenance issues and is governed under the ESA rules. Mayor Pro Tem Edstrom confirmed the silk fences were compliant of the Town Ordinance. Town Manager Emmons clarified that a 25 year rainfall event is required for drainage and the storm water Ordinance governs TCEQ mandates. Council member Moss cannot support this until the area just north of the Quorum Apartments that has been blocked for some time is cleaned out by the CORP and the developer. Brain Carlock clarified the open space would be dedicated to the Town after it is has been cleaned up. Mayor Sanders believes it is prudent that the Town continue pursuing the CORP to address this and suggested K. Hovnanian Homes and Standard Pacific deal with this prior to accepting. Sanders said the Council is concerned over what happened and the number of residents who were affected; unfortunately most of the homes are in the flood plain, which means that the Town cannot do anything. Council member Cates questioned if approval on this plat would change any of the issues with the creek. Brian Carlock believes the flooding that occurred acted exactly like it should have considering the areas affected are in a flood plain. Town Engineer, Tom Rutledge agreed with Carlock and said the study and modeling of many of the Quorum apartment’s shows that they are in the flood plain. Town Manager Emmons added one stipulation of the early grading approved previously prohibited the developer from putting infrastructure prior to platting; the flood control devices that will be put into place by this subdivision should help further debris going into the creeks. Mayor Sanders confirmed the storm sewer at the end of the Quorum apartments that was partially blocked by rocks and earth and had an upside down trash can blocking the drain both are property of the Golf Course. Sanders asked Mr. Chudnow if he has worked with the Golf Course and if he was aware that part of his land was in a flood plain. Mr. Chudnow said he has not talked to the Golf Course and his history in working with them has not been very successful and was aware of the issues but did not want to deal with it as it has no impact on this development. Mr. Chudnow was unable to confirm whether he was aware that part of his property was in a flood plain and said he has some conflicting information he would like to do additional research before answering and requested Council table this item until the CORP responds to the issue. Mayor Sanders confirmed the study was completed by Commissioner Carter and was reviewed and concurred with by Teague, Nall and Perkins; two independent studies that have been completed. 25 Mayor Pro Tem Edstrom said in the 18-years she has lived here the water has only come up this high two times and never to the degree or devastation of this last storm. Edstrom feels for all who were affected and reiterated that the study was completed back in February. Brian Carlock and Mehrdad Moayedi expressed sadness for the resident’s loss and offered to conduct a study of David Chudnow’s property to verify the information and then provided recommendations for improvements. Dirk Anderson, 350 Quorum Dr, #703 question if an inspection had been conducted since repaired from the storm. Town Manager Emmons said Town staff and independent labs have preformed testing. Brian Carlock responded the law requires complete inspections and will provide the backup and invoices to Town Manager Emmons. Betty Donlin, 1041Wilshire Drive – Asked that the Town let people know if they are in a flood plain and are eligible for government flood insurance. Motion passed unanimously without further discussion. C.3 Discuss and take appropriate action regarding a request from Carter & Burgess, Inc. on behalf of K. Hovnanian Homes-DFW, L.L.C. and Standard Pacific of Texas to approve a Final Plat of 178 Residential Lots and 11 Common Areas, The Highlands at Trophy Club Neighborhoods 3 & 4, Phase 1B (69.753 acres) (located on the east side of Trophy Club Drive adjacent to Durango Drive and north of The Quorum Condominium Property). FP-07-015 Final Plat for The Highlands at Trophy Club Neighborhoods 3 and 4, Phase 1B. A. Discuss and take appropriate action regarding the approval of the Subdivider's Agreement between K. Hovnanian Homes-DFW, L.L.C. and Standard Pacific of Texas for The Highlands at Trophy Club Neighborhoods 3 & 4, specifically Neighborhood 3, Phase 1A and Neighborhoods 3 & 4, Phase 1B. Planning and Zoning Chairman, Gene Hill said the Planning & Zoning Commission unanimously recommended approval of this request with the stipulations that the side building lines be shown for Lot 58 [Block A] and Lot 1, Block E adjacent to common area 9; that common area 9 be identified as such on Sheet 2 at the match line; and that the 10-ft. utility easement be aligned properly between lots 10 and 11 of Phase 1A and lots 19 and 20 of Phase 1B. The stipulations have been met. Motion made by Sterling, seconded by Wilson to approve. Council member Moss believes the Council should rely on the experts and Commissions recommendation. Mayor Pro Tem Edstrom asked that Council receive regular updates to ensure the necessary steps are being taken prior to reaching a traffic level D. Council member Cates would like updates from the CORP included on the Town Manager report. 26 Mayor Sanders clarified the motion to approve was for the main item and did not include approval of A. Both mover and second agreed. Mayor Sanders questioned if the intent of the common area is to be privately maintained by a property owner until finished and if there are plans for a HOA. Planning and Zoning Coordinator, Carolyn Huggins explained sheet one designates this area be maintained by the developer. Mayor Pro Tem Edstrom is against a HOA. Brian Carlock believes privately maintained would be the better option. Mayor Sanders believes the open space with pocket parks; common area 213 would be better served on lots 6 and 7. Brian Carlock said the fencing restrictions would allow the view of the corridor to be affected. Council member Cates asked if the Council has the authority to approve the bylaw of a HOA, in the event that this occurs. Town Attorney, Patricia Adams advised the Town does not have control over the bylaws as they are traditional, private property issues. Mehrdad Moayedi commented the deed restrictions are more stringent than the Town’s, and would be willing to let the Council approve the bylaws. Mayor Pro Tem Edstrom responded the Town is a collaborated HOA and by creating one will make it harder to manage. Council member Moss asked if the Town is obligated to accept the open space as designated if approved. Town Attorney, Patricia Adams believes the dedication meets the requirements of the Town’s Ordinance. Jaison Stephen and Mehrdad Moayedi said that Open space 1, block 1, is similar to a residential lot and committed to clear this area prior to dedicating the land. Town Attorney, Patricia Adams said this will be addressed in the Sub-divider’s Agreement. Motion passed unanimously without further discussion. C.4 Discuss and receive input regarding a draft service and assessment plan for the Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club). Town Manager Emmons introduced the Service and Assessment Plan (SAP) as one of many requirements necessary to move forward in the PID; the SAP will set out how the bonds will be repaid. The purpose of this item was to reintroduce Keenan Rice from Municap and receive his update for Lila Marsh, Bond Counsel from Vinson and Elkins to report on the timelines. Mayor Sanders introduced Keenan Rice and Lila Marsh, Robert Mikloes from Hughes and Lews, Jim Wiegret from Carter and Burgess, Kirk Wilson from Centurion, Jim Sabonis from Southwest Securities, Mehrdad Moayedi from Centurion and Tom Rutledge from Teague, Nall and Perkins. 27 Keenan Rice opened by briefly summarizing the purpose, background and components of the SAP; explaining that first the assessment in the tax roll needs to be identified, with options to pay one time or over thirty years. This step is tentatively complete, with only a few outstanding finance issues that will be resolved in the next few weeks. Council member Wilson confirmed the assessments could be reduced to equal the costs, if at a later date it was determined that the funds were not right. Keenan Rice said the intent is to set up the SAP so numbers can change, if there is a cost savings in one line and an overage on another, balancing can occur. Council member Cates asked if final numbers for allocation have been determined. Keenan Rice responded they are very close to making a recommendation and does not believe the numbers have changed that much. The recommendation will be made to Council in a presentation. Council member Sterling is in favor of striking the 1% interest. Keenan Rice said the 1% is allowed by statue and is in favor of paying only the interest issued on the bond. Council member Cates referenced the timeline and asked if the schedule was aggressive or feasible. Town Manager Emmons said it is workable and not real aggressive. Kirk Wilson disagreed and said this schedule is perhaps more conservative and requested continued dialog with Town Manager Emmons in order to come back with more streamlined timeline. No action taken, input only. C.5 Discuss and Receive report from staff regarding recent flood events, update on disaster recovery and actions taken. Town Manager Emmons deferred to Fire Chief Danny Thomas to provide the update. Fire Chief Thomas provided FEMA-1709-DR was signed by President Bush on June 29th, 2007. Local, County and FEMA assessment teams met on June 30th to review the process and mapped the effected areas. On Sunday, July 1st FEMA teams hung flyers and began making contact with victims. The Town will host a Town Hall meeting on Tuesday, July 10th at 7:00 P.M. in the Council Chambers to discuss and answer questions regarding the FEMA Disaster Assistance Program. Mayor Sanders commended the Fire and Police departments on their efforts and both departments received applause from the audience. Sanders thanked all Trophy Club businesses who offered their office space for FEMA to set up their headquarters. On behalf of the Town Council, Mayor Sanders committed that the Town Manager and staff will continue to research the drainage issues and pursue the ability and public assistance from FEMA, Mayor Sanders called a 5 minute recess. 28 No action taken, update only. C.6 Discuss and receive input regarding the selection of a firm to perform the needs assessment as outlined in the RFP/RFQ for a Needs Assessment for a new Police facility and to authorize the Town Manager to begin the negotiation of a contract as provided in the Town's purchasing policies. Town Manager Emmons said this process started with the needs assessment and in order to prepare for the upcoming budget. Two firms, Brinkley Sargent Architects and Hahnfeld Hoffer Stanford, responded to the RFP/RFQ. Both of these firms responded with lengthy documents outlining their qualifications, past customers, and proposal for completing this needs assessment. In order to move forward with this needs assessment, Council will need to select a firm from the two that responded and authorize someone to negotiate the contract with that firm. The selection committee recommends Brinkley Sargent Architects. George Greaner, 329 Inverness Drive – Has served on the Public Works Committee for seven years and the public safety advisory group and the advisory group agrees with the selection committee. Council member Cates confirmed the contract negotiations will go through the Town Attorney prior to coming back to the Council. No action taken, input only. C.7 Discuss and take appropriate action to approve financials and variance report dated May 2007. Motion made by Edstrom; seconded by Moss to approve. Mayor Sanders appreciates the variance report as it answers all of his questions. Motion passed unanimously without further discussion. C.8 Discuss and take appropriate action regarding a Resolution authorizing Intervention in PUC proceeding dealing with the acquisition of TXU/ONCOR and authorizing participation in a Coalition of Municipalities, Public Entities, and Commercial Customers known as Alliance of TXU/ONCOR Customers. Motion made by Moss, seconded by Cates to approve. Town Manager Emmons said the cost is $200.00 and this entitles the Town representation for the acquisition of TXU to PUC. Mayor Sanders encouraged Council to do their homework on the coal fire generating plants. Motion passed unanimously without further discussion. 29 C.9 Discuss and take appropriate action appointing two Council members to serve on MUD/Town Task Force to review and make recommendations related to various administrative, operational, and other intergovernmental functions. Mayor Sanders provided at the June 18, 2007 meeting, Council requested this item be brought back as an item allowing Council member Edstrom to withdraw and appoint two members to serve on this task force. Motion made by Edstrom, seconded by Sterling to appoint Council member Cates and Wilson. Motion passed unanimously without further discussion. C.10 Discuss and take appropriate action regarding a Proposal to enter into an agreement with Connect-CTY Service. Town Manager Emmons fully hosted and fully managed ASP, in the event of local disruptions, such as floods, wildfires, water restrictions, water main breaks or power outages, the ability to provide leadership remains intact, with the capacity to send timely notifications to targeted constituents and staff members using just a telephone. Staff recommends stub purchase of $1,524 for the remainder of this fiscal year. Motion made by Cates, seconded by Moss to approve. Council member Cates said that NISD has this system and it is amazing. Council member Moss asked if it can be used to notify residents that trees are going to be cut down. Council member Sterling believes that parameters need to be established for the messages that are sent. Mayor Sanders encouraged Council to speak to the MUD Directors to share the cost; the initial reaction of the MUD Manager is that they will not participate. Council member Wilson, echoed Sterling’s concern of automated messages, but feels this is a wonderful communication tool. Motion passed unanimously without further discussion. C.11 Discuss and take appropriate action to approve Minutes dated, June 4, 2007. Motion made by Edstrom, seconded by Cates to approve. Motion passed 4:0:1, with Sterling abstaining. C.12 Items for Future Agenda. 30 Mayor Sanders requested review of the policy set forth by Brandon for use/parameters on the CTY, will we allow resident and public dissemination. Council member Cates confirmed with the Town Attorney that the Town does not have the ability to mandate apartment owners to disclose to renters that they are in a flood plain. C.13 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 Manager's Report. D.1 Adjourn. Motion made by Edstrom, seconded by Sterling to adjourn. Meeting adjourned at 11:00 p.m. ______________________________ __________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 31 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 23, 2007. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Minutes date July 23, 2007 32 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, July 23, 2007 AT 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, July 23, 2007. he meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Mayor Pro Tem Pam Cates Council Member Jim Moss Council Member Philip Sterling Council Member Kathleen Wilson Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Sakura Moten-Dedrick Finance Director Lisa Ramsey Town Secretary Patricia Adams Town Attorney Adam Adams Parks and Recreation Director Scott Kniffen Police Chief Danny Thomas Fire Chief Mike Pastor IS Director Carolyn Huggins Planning Coordinator A.1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present. A.2 Pastor Ricky Franklin with Rock Hours Church gave the Invocation. A.3 Fire Chief Danny Thomas led the pledges. A.4 Citizen presentations. No citizens addressed Council. A.5 Discuss and take appropriate action in regard to a Proclamation to recognize the outstanding achievement by Daniel Mastropiero - Troop #937, and congratulating him on his achievement of the Eagle Scout Award. 33 Mayor Sanders announced that Daniel Mastropiero had a conflict in his schedule and was unable to attend. As soon as Daniel’s schedule permits, he will attend to receive his Proclamation. No action taken. TOWN COUNCIL RECONVENE INTO REGULAR SESSION *REGULAR SESSION B.1 Discuss and take appropriate action regarding a request from Carter & Burgess, Inc. on behalf of 831 Trophy, L.P./Centurion Acquisitions, L.P. to approve both Preliminary and Final Platting of The Highlands at Trophy Club Master Thoroughfare/Infrastructure to be known as a Final Plat of Trophy Club Drive & Trophy Club Park Drive (23.685 acres) (FP-07-010). A. Discuss and take appropriate action regarding the approval of the Subdivider's Agreement for a 23.685 acre tract of land known as Trophy Club Drive and Trophy Club Park Drive. Mayor Sanders introduced the item as having been referred from the July 9, 2007 meeting. Town Manager Emmons said the Town received a waiver requesting an extension until the end of August from Carter & Burgess. PID funding in relation to Trophy Club Drive has become the issue and the cause for the holdup. There are contractual obligations and Carter & Burgess is currently seeking an Attorney General’s opinion on whether the land can be reimbursed thru PID. Mayor Sanders pulled Item B.1 and said this item will be brought back on another Agenda. Sanders thanked the Town Engineer, Tom Rutledge for attending. B.2 Discuss and take appropriate action regarding an Ordinance amending Section 8.01 entitled "Applicability/Conflict and Waiver" of Article VIII entitled "Schedule of Fees" of Chapter 1 entitled "Administration" of the Code of Ordinances by adding subsection "C" Temporary Suspension" which sets forth the terms, conditions, and expiration of a temporary suspension of certain building permit fees for qualified residents who sustained damages as a result of recent storms. Mayor Sanders said this item was suggested by Council member Cates following the July 10th Town Hall meeting with FEMA and speaks to the appropriateness of waiving certain building fees for residents either displaced and/or sustained damages as a result of the recent storms. Town Manager Emmons added residents must first qualify with FEMA and requests will be on select permits; Electrical Permits, Fence Permits, Mechanical Permits, Retaining Wall Permits, Re-Roofing Permits. Approval of this Ordinance will allow Town Manager Emmons the authority to refund fees for Select Permit(s) to Qualified residents. 34 Motion made by Sterling, seconded by Edstrom to approve. Mayor Sanders requested Town Manager Emmons to get the word out to the residents. Motion passed unanimously without any discussion. B.3 Discuss and take appropriate action regarding a Resolution suspending the July 30, 2007 effective date of the proposal by Atmos Energy, Mid-Texas Division to implement GRIP Rate Adjustments for gas utility investment in 2006, authorizing participation with the ATMOS Cities Steering Committee in a review into the basis of the proposed rate adjustments and authorizing intervention in administrative and court proceedings involving the proposed GRIP Rate adjustments. Town Manager Emmons explained GRIP as gas utility companies who persuaded the legislature in 2003 to make an exception to the prohibition against piecemeal ratemaking to encourage increased investment in transmission and distribution pipe by allowing prompt recovery of investment. This Resolution will suspend the July 30, 2007 effective date of the proposal by Atmos Energy, Mid-Tex Division to implement interim grip rate adjustments and will also authorize a steering committee intervention in administrative and court proceedings. Action must be taken before July 30, 2007, if Council desires to suspend the effective date. Motion made by Moss, seconded by Cates to approve. Motion passed unanimously without any discussion. B.4 Discuss and take appropriate action to approve Minutes dated May 21, 2007. Mayor Sanders remarked Council member Sterling was absent from this meeting would need to abstain from voting. Motion made by Edstrom, seconded by Cates to approve. Council member Wilson clarified that she and Council member Moss would need to abstain as well as this meeting occurred prior to them taking office. Town Attorney, Patricia Adams explained the Council would need a majority of votes from the Council members who attended this meeting. Motion passed 2:0:3, with Edstrom and Cates voting for and Sterling, Wilson and Moss abstaining. B.5 Discuss and take appropriate action to approve Minutes from the Town Hall meeting with FEMA dated July 10, 2007. 35 Mayor Sanders reported Council did not have a quorum at this meeting and the minutes are only a transcribed report. No action taken. B.6 Discuss and take appropriate action relative to the interlocal agreements between the Town and the Trophy Club MUDs to provide wholesale water and wastewater treatment and operational services to the Town. Town Manger Emmons said the Task Force met as a whole (excluding Kevin Carr) last Friday to review the proposed contracts for water and wastewater service. The council members discussed several issues of concern found in the contract documents and both contracts were reviewed. The Operational Contract issues dealt with whether the Town could be a party to a contract with the Master District. There was a consensus that since the Master District has a contractual obligation to provide the services for the MUDs, we could enter into such an arrangement. The Access Contract (referred to as the Money Contract) had several issues in which we could reach consensus. The first was again the discussion of the appropriateness of having the Master District a party to the contract. The discussion points were that the Master District does not own facilities; therefore they should not be party to the contract. There was no consensus on this issue, but the group did agree to readdress this issue after the mediation session between Mud 1 and Mud 2. Like this topic, the definition of “access fee,” “meter fee” and “right to use fee” was discussed. The final issue discussed was that of the termination of the contract without default. Again, this issue was not resolved by the Task Force. Council member Wilson reported the Town has some legal questions in regard to the responsibilities of both MUD 1 and MUD 2 which the Committee will readdress. Council member Cates said there are questions in relation to the wording on the water tower connection; the terminology seems too vague considering it is an asset. The next step is the mediation process between the Utility Districts and clarification whether the Town can contract with the Master District. Mayor Sanders summarized the agreement will be brought back to Council after the MUDs, August 15th mediation and after the refinements are made. No action taken, update report only. B.7 Discuss and receive input regarding potential amendments to the Charter and the holding of a November Charter Election. Town Manager Emmons said the Charter review Committee started reviewing potential amendments prior to the May election. The Committee consisted of himself, the Town 36 Attorney Adams and former Council members Williams and Lamont. The Committee solicited input from the residents and Council and presented that list to the Council in January, at which time the Council chose to hold the Charter amendment election in November. After the May election, Mayor Pro Tem Edstrom and Council member Sterling replaced the former two Council members and have reviewed the list created by the last group. Emmons sought Council’s direction for each item listed in order for staff to prepare the ballot language for review at the August 6th meeting and consider an Ordinance calling the election on August 23, 2007. Mayor Sanders said he thought that having a Charter amendment election in November as opposed to the May election would remove the politics and not become campaign issues. Mayor Pro Tem Edstrom is not in favor of districting at this time due to the potential build-out and requested the Charter Amendment information be distributed to the residents as soon as possible. Council member Sterling agreed with Edstrom about holding off on redistricting. Council member Cates feels that limiting the number of terms to two consecutive terms limits the incumbents and thinks three year terms would be good. Mayor Sanders added that other cities with three year terms like it as two year terms is too short. Council member Moss has concern with limiting the number of terms to two consecutive terms limits as it is the citizen’s choice to vote someone out. The Council agreed with Moss. Per Council’s direction, staff will be preparing ballot language for the following amendments: Section 3.01 Selection of Terms - Propose 3 year terms Section 3.16 (b) Procedure for Enacting Ordinances and Resolutions; Publications - Amend section to specify "majority of the Council" is necessary to pass an ordinance rather than (3) or more members Section 4.07 Town Secretary - Propose Town Manager to appoint Town Secretary with Council affirming the appointment Section 6.01 and 6.03 - Recall - Removal based on 1 ground rather than "more than one ground" In favor with an understanding and possible definitions of grounds. Section 7.03 Referendum – Allow for language to include non-binding referendums. Section 10.03 Power to Grant Franchise - Propose to change limit to allow a franchise with a 30 year term (Current term is 20) 37 Council is not in favor of the following: Section 3.01 Number of Terms - limit to 2 consecutive terms for the same position (would allow for council to run for Mayor and vice versa) Section 5.04 (d) Filing for Office - Propose resign to run provision for elected officials *Section 6.04(f) Recall - Propose changing 45 day specific requirement for calling election to general requirement for removal of Council member (allow for time to comply with statutory requirements) Not in favor following legal counsel’s recommendation. Council is not in favor of the following until final build-out is complete: Section 3.01 Number, Selection and Term – Propose creation of four single member districts and one at-large district Section 3.01 Number, Selection and Term – Propose creation of 2 districts (divided along MUD lines) with 2 members and one at-large district Section 3.06 Mayor – Propose allowing Mayor to vote in all matters Mayor Sanders requested Town Manager Emmons inform the residents of the proposed changes in more detail via the website and listserv and encouraged the Council to do the same with their constituents. The Town Council will consider an Ordinance calling the election on August 20, 2007 and Election Day is November 6, 2007. No action taken, input only. B.8 Discuss and receive input regarding suggested revisions to the Ethics Section of the Handbook for Elected and Appointed Officials. Mayor Sander explained the concept and approval of Resolution 2006 – 29 which established guidelines and procedures for boards, commissions and citizen advisory groups to utilize when conducting meetings and when generally performing their duties. Staff was directed to work on an Ethics Ordinance last November and the Ethics Section was included in the Handbook in December 2006. Sanders said the intent of this section was not to stop freedom of speech. Complaints were received during the last and election and although they went through the cursory process, raised questions that Council needs to examine. Mayor Sanders allowed the Council members to delineate section of the handbook they wanted staff to revise. Council member Moss believes the code of ethics is an honor system of respect among people that can be used for personal agendas and twisted for political purposes. Although he has no objections to the Ethics Code, he cautioned how it could be misconstrued by someone who is vindictive. Moss has concern about appointing an ethics review committee. 38 Council member Cates feels #3, Conduct of Town Officials, is too vague and would like to see clearer definitions and phrases or words that are not so antagonistic. Cates spoke to #5, Conduct of Public Meetings, stating the Town Council meetings are not the place to air personal laundry. Cates is not in favor of an independent committee to review complaints. Mayor Pro Tem Edstrom referred to her comments in 2006 about this being a slippery slope, saying that the Town is now on that slope. Edstrom thinks it is difficult to policy how and what people can say and would like to focus on how the Town’s volunteer base is treated rather than at self governance. #18, Implementation should be self enforcing, #19, Compliance and Enforcement and #20, Procedure for Enforcement should be removed. Edstrom also suggested removing the signature page and any area that gives the interpretation that people cannot express themselves that removal should be based on true violations and they do not want people to be inhibited. Council member Sterling agrees there is a problem legislating ethics, as ethics come from within and feels sad that the Town has to have one. Sterling is concerned that clearer definitions remove interpretation and may become too restrictive and does not favor a separate ethics committee as there is no way to ensure that these volunteers would be any less biases. Sterling thinks the current policy is good and suggested people talk to those with whom they have a complaint against. All elected and appointed officials are volunteers and all should be held to the same standards, no changes should be made that will impede the Town’s government. Council member Wilson agrees with the unfortunate need for an Ethics Section and that the Statement of Commitment should read Please Consider This a Statement of Commitment. This suggests that everyone have good behavior, if Council determines that someone is not acting in the best interest of the Town, they can be replaced, just like a Council member can be voted out of office. A citizen’s presentation will either negate or give credence to the point they are trying to make. Wilson feels the volunteers are what make the Town work. Mayor Sander challenged the Council to reconsider removing the statement of commitment which is the agreement to uphold the Code of Ethics and Conduct and lists model behavior. The Council reconsidered with the consensus to keep the statement of commitment, suggested changing the language under #3, Conduct of Town Officials to include the bullets under the statement of commitment and to remove #19, Compliance and Enforcement and #20, Procedure for Enforcement. Dave Edstrom, 269 Oak Hill Drive – Earlier this year requested the Council remove #3 as he believes this section penalizes the volunteers. Edstrom feels the Council has had a huge negative impact on the volunteers over the last few years and requested them to move away from this type of policy. 39 Greg Lamont, 15 Avalon Drive – Feels the citizen presentation is a coward’s presentation considering the Council is not allowed to respond. Lamont is in favor of an ethics review committee and feels the Ethics Section should stay in the Handbook. Council member Moss called for a point of clarification, stating the citizen presentation should happen under A.4 not during this item; Wilson seconded the point of clarification. Mayor Sanders counseled Mr. Lamont about addressing the specifics of the item before council. Mayor Sanders requested staff make the suggested revisions, bring back to Council one more time for input and then back at a subsequent meeting for approval. No action taken, input only. B.9 Items for Future Agenda. Item 1 was removed by Council member Cates. 1. Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws. 2. Review of the Property Maintenance Ordinance. 3. Discussion about storm water discharge from pools. 4. Discussion of the drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for the area to create a linear park. 5. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing the Town's Emergency Management System 6. Research grant possibilities regarding phase two street calming/sidewalks. 7. Discuss and take appropriate action regarding using the Trophy Club Times as the Town’s newsletter. 8. Discuss and provide input regarding amendments to Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs. 9. Discuss and take appropriate action regarding the authorization levels on procurement purchases. Mayor Sanders requested the items include the requesting Council member names and date of the request. Mayor Pro Tem Edstrom requested information regarding the Building Standards to be forwarded to the Council. Council requested a report from EDC 4B on the Buxton Group. B.10 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 Manager Emmons gave the Charter Review Committee report under Item B.7. b) Council member Sterling gave the EDC 4B report. c) Town Manager Emmons gave his report. 40 C.1 Discuss and review preliminary FY 2007-08 Budget. Town Manager Emmons explained the two files sent to Council; the first is the responses to issues raised at the last meeting on July 13, 2007 and the second is a “condensed” version of the budget generated from our budget software system, in which a “delta” column that essentially shows any increases/decreases since the July 13, 2007 meeting. This budget update does not include either the anticipated $100K in tax revenue or the addition of the Deputy Fire Chief yet. It does, however, have the HR Coordinator and Financial Analyst in with a January 2008 hire date. Emmons concluded his update with a report on Ad Valorem Taxes and Bonds. D.1 Adjourn. Motion made by Wilson, seconded by Moss to adjourn. Meeting adjourned at 9:47 p.m. ________________________________ ________________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 41 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.C.1 Discuss and take appropriate action regarding a request from Carter & Burgess, Inc. on behalf of 831 Trophy, L.P./Centurion Acquisitions, L.P. to approve both Preliminary and Final Platting of The Highlands at Trophy Club Master Thoroughfare/Infrastructure to be known as a Final Plat of Trophy Club Drive & Trophy Club Park Drive (23.685 acres) (FP-07-010). (REFERRED FROM 7-9-07 COUNCIL MEETING; TABLED AT 7-23-07 COUNCIL MEETING) A. Discuss and take appropriate action regarding the approval of the Subdivider's Agreement for a 23.685 acre tract of land known as Trophy Club Drive and Trophy Club Park Drive. APPLICANT: Carter & Burgess, Inc. 7950 Elmbrook Drive Dallas, TX 75247 OWNER: Mehrdad Moayedi 831 Trophy L.P./Centurion Acquisitions, Inc. 3901 W. Airport Freeway, Suite 200 Bedford, TX 76021 HISTORY: Preliminary plat approval of the Master right-of-way was granted by the Town Council on December 18, 2006. The Master right-of-way was included as part of The Highlands at Trophy Club Neighborhoods 1, 2, 5, 6, and 7. On January 30, 2007, application was made for final platting of the infrastructure/thoroughfare for Trophy Club Drive and Marshall Creek Road East (now named Trophy Club Park Drive). STAFF REVIEW: There was comprehensive staff review for the thoroughfare plats. Bi- monthly meetings also involved the Town of Roanoke, Marshall Creek, Denton County and Northwest ISD to coordinate the alignment of the road to the High School. On the final review of the construction documents by the Town Engineer, the applicant was asked to provide a letter agreement from the golf course for the sewer through the golf course. 42 The applicant states that the golf course has agreed verbally with the location of the sanitary sewer line that crosses their property. Tim Dagg, the golf course director, gave a verbal agreement to the location across the golf course at an on-site walk-thru of the sanitary sewer alignment on February 20, 2007. Easements designating this alignment location were prepared and submitted to the Town Engineer and Town Attorney for review on June 19, 2007. After Town approval, the documents will be forwarded to the applicant who will forward them to ClubCorp for approval. In addition, the Town engineer asked that the sanitary sewer manhole cover be changed from a standard rim to a “hinged” rim and the applicant indicated that the plans will be updated once the detail is received from the Town and before final construction sets are published. The items above are stated for reference and historical purposes only. Town Council action is not needed on these items. SUMMARY: The Town Engineer has reviewed the construction documents for The Highlands Master Improvements and has determined that they are consistent with the Town’s standards and regulations for development and construction. Landscaping and irrigation plans were also reviewed by the staff and the Town Engineer and are consistent with the Town’s standards. Innovative Traffic Solutions (ITS) has reviewed the Traffic Impact Analysis (TIA) report submitted by Carter & Burgess for The Highlands at Trophy Club. ITS’s summary of their review (memo dated June 18, 2007) is enclosed. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission recommended approval on July 2, 2007, by a unanimous vote of 6-0 with the following stipulations: 1) that Street A be designated as Galloway Blvd (Page 2); 2) the 45-ft. right-of-way line on each sheet be designated as “centerline” (Pages 2- 7); 3) delete note 2 on Sheet 2: “Should the entity responsible for maintenance of common held property fail to perform the function, the Town has the authority to provide appropriate maintenance and repair and collect appropriate fees and reimbursements.” The “entity” is the Town; therefore this note is not necessary. 4) indicate as “temporary” the 50-ft. access easement across the common area of the slip road (Page 2); [removed by applicant] 5) label Durango Drive and other streets outside the platted area for reference purposes (Page 2); 6) be consistent with the name of the common area, choosing either “HOA Tract No. 2” or “Common Area” (Pages 2-7); STAFF RECOMMENDATION: The Town Manager will update the Council at the August 6, 2007 Town Council meeting as to whether or not it would be in the Town’s interest to proceed at this time with the master thoroughfare plats. The Town Attorney 43 is in contact with the Attorney General’s office in an effort to obtain a decision regarding the ability to be reimbursed from the PID for these plats and will update the Council on August 6 if a decision has been reached. 44 45 46 47 EXCERPT FROM PLANNING & ZONING COMMISSION MINUTES JULY 2, 2007 C.1 FP-07-010 CONSIDER A REQUEST FROM CARTER & BURGESS, INC. ON BEHALF OF 831 TROPHY, L.P./CENTURION ACQUISITIONS, L.P. TO APPROVE BOTH PRELIMINARY AND FINAL PLATTING OF THE HIGHLANDS AT TROPHY CLUB MASTER THOROUGHFARE/ INFRASTRUCTURE TO BE KNOWN AS A FINAL PLAT OF TROPHY CLUB DRIVE & TROPHY CLUB PARK DRIVE (23.685 ACRES). Jim Wiegert, Carter & Burgess, asked for approval of the Final Plat for Trophy Club Drive and Trophy Club Park Drive which are the master improvements which include road improvements with the associated storm drainage and also a water line. There is sanitary sewer which will serve the neighborhoods of the Highlands of Trophy Club and connect into the existing sewer system just upstream of the treatment plant. A water model has been submitted for the design and construction of the water line improvements. A traffic impact analysis (TIA) was also submitted. Dean Stuller, Innovative Transportation Solutions, Inc. (ITS) reviewed the TIA submitted by Carter & Burgess. ITS is in agreement with the TIA except for signalization at Trophy Club Drive and Trophy Lake Drive. The TIA calls for signalization at the end of Stage 3. ITS recommends signalization of the intersection of Trophy Club Drive and Trophy Lake Drive at the end of Stage 2 construction in The Highlands. Tom Rutledge, Town Engineer, stated that Teague Nall and Perkins have had several reviews of plans submitted by Carter-Burgess and all comments have been addressed. Chairman Hill asked that “Street A” on the Sheet 2 plat be designated as Galloway Blvd. as that is what will go before Town Council next week on the Highlands Neighborhoods 3 & 4 plats. Mr. Wiegert agreed to make that change. Chairman Hill asked if Northwest Parkway was a correct street name on Sheet 4 for the road in the vicinity of the high school. Mr. Rutledge stated that nothing has been formalized but in meetings that have taken place with Carter & Burgess, Town Staff, Roanoke, Marshall Creek, and the School District, comments have been made that Northwest Parkway is an acceptable name. Chairman Hill stated that at that intersection there seems to be a common area which juts out into the traffic lanes. Is that going to be a future traffic problem? Mr. Wiegert explained that it designates where the right-of-way is; it is not an indication of the curb line. There will not be a jut in the pavement. Chairman Hill asked for an explanation of the drainage easements (by separate instrument) shown on Sheets 5, 6, and 7. Mr. Wiegert explained that the ultimate drainage area for the road flows naturally toward the street. It is collected within the 48 subdivisions and taken down with the grade to the south and eventually to the creek. Once those lots are constructed, there will be a drainage swale to keep the drainage from overloading onto the street and at that time the drainage easements will be abandoned. Chairman Hill asked if the temporary turnaround easement and drainage easement on Sheet 7 will be abandoned once the road is elongated. Mr. Wiegert confirmed. Commissioners Ashby, Sanchez, Reed and Vice Chairman Stephen had no questions. Commissioner Sheridan asked for an explanation of the breakdown of the right-of-way on Trophy Club Drive on Sheet 2. It is stated as 45-ft. and 5-ft. Why isn’t it listed as 50- ft.? Mr. Wiegert explained that the right-of-way is required to be 90-ft. and 45-ft. calls out the dimensions of the centerline of the road. Mr. Rutledge added that this plat is unique in that lots are not being platted but rather right-of-way is being platted. He explained that on Sheet 2 the centerline is listed. The road that currently exists is built on an 80-ft. right-of-way and the standards have now changed to 90-ft. The centerline is indicated to reflect current standards. Commissioner Sheridan asked that the 45-ft. line be designated as “centerline” on each sheet so that the meaning is clearer. Commissioner Sheridan asked that Note 2 on Sheet 2 indicate the name of the entity responsible for maintenance of common held property. Mr. Wiegert indicated the entity will be the Town of Trophy Club; staff will either clarify or have the note removed. Commissioner Sheridan asked why there is a 50-ft. access easement across the common area into the slip road. Mr. Wiegert responded that the developer, Hillwood, wanted to have an access point at midway of the slip road as that is where the model homes are to be located. It is temporary and will eventually be removed. Mr. Rutledge recommended that it be stated as “temporary” on the plat. Commissioner Sheridan asked that Durango Drive be labeled on the plat for reference. Commissioner Sheridan asked for an explanation of the difference between Stage 2 and Stage 3. Mr. Wiegert explained that a set number of homes are planned for each stage but those numbers were not readily available. [This information was provided to the Commissioners in an email following the meeting. Stage 1 – 741 homes, Stage 2 will add 485 additional homes for a total of 1,226, and Stage 3 will add 338 additional homes for a total of 1,564.] Commissioner Sheridan asked for clarification that the name “Northwest Parkway” is not a part of this plat and therefore if the name changes this plat will not need to be amended. Mr. Rutledge confirmed. On page 2, for the slip roads, Commissioner Sheridan noted that there is an indication of “common area” and on other sheets such as page 4 in the upper right this area is designated as “HOA Tract No. 2”. He asked if there is a difference. Mr. Wiegert stated 49 that there is not a difference. Commissioner Sheridan asked Mr. Wiegert to pick one and be consistent throughout. As there were no further comments or questions the Chairman called for a motion. Motion: Commissioner Sheridan motioned to approve with the following stipulations: 1) that Street A be designated as Galloway Blvd (Page 2); 2) the 45-ft. right-of-way line on each sheet be designated as “centerline” (Pages 2-7); 3) delete note 2 on Sheet 2: “Should the entity responsible for maintenance of common held property fail to perform the function, the Town has the authority to provide appropriate maintenance and repair and collect appropriate fees and reimbursements.” The “entity” is the Town; therefore this note is not necessary. 4) indicate as “temporary” the 50-ft. access easement across the common area of the slip road (Page 2); 5) label Durango Drive and other streets outside the platted area for reference purposes (Page 2); 6) be consistent with the name of the common area, choosing either “HOA Tract No. 2” or “Common Area” (Pages 2-7); Second: Vice Chairman Stephen Ayes: Hill, Sanchez, Sheridan, Stephens, Reed, Ashby Action: 6-0, Approved Motion carried. 50 51 52 53 54 55 56 57 58 59 60 61 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.C.2 Discuss and take appropriate action regarding the approval of the Subdivider's Agreement for The Highlands at Trophy Club Neighborhood 3, Phase 1A and Neighborhoods 3 & 4, Phase 1B. EXPLANATION: The Town Council approved the Final Plat of The Highlands at Trophy Club Neighborhood 3, Phase 1A and Neighborhoods 3 & 4, Phase 1B on July 9, 2007. There were additional details to be worked out regarding the Subdivider’s Agreement for this project and permission was requested and granted by the Council for staff to bring the agreement back to the Council at a later date. The Subdivider’s Agreement is now complete and staff requests approval. (ceh) Attachments: 1. Subdivider’s Agreement – The Highlands at Trophy Club Neighborhood 3, Phase 1A and Neighborhoods 3 & 4, Phase 1B 62 THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOODS 3 & 4 SUBDIVIDER'S AGREEMENT An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as the "TOWN") and K. Hovnanian Homes-DFW, L.L.C. and Standard Pacific of Texas, L.P., (owners of the Project as that term is defined hereinbelow), each acting jointly and severally by and through its respective duly authorized representative (hereinafter referred to collectively as the "DEVELOPER"), for the installation of public improvements and facilities within the TOWN limits of Trophy Club, Texas, for The Highlands at Trophy Club Neighborhoods 3 & 4, more particularly described as a tract of land consisting of approximately 147.509 acres of land, and for the installation of the public improvements and facilities upon Phase 1A, Neighborhood 3, consisting of approximately 4.885 acres of land, and Phase 1B, Neighborhoods 3 & 4, consisting of approximately 69.753 acres of land, both phases hereinafter being referred to collectively as the "PROJECT," and such public improvements being more particularly described in Section II of this AGREEMENT. It is understood by and between the parties that this AGREEMENT is applicable to the lot(s) contained within the Final Plat and which have been identified as part of the Highlands Neighborhoods 3 & 4, Phase 1A and Phase 1B as presented to TOWN Staff on February 16, 2007 and to the offsite improvements necessary to support the PROJECT, more particularly described in Section II of this AGREEMENT. It is further agreed that this AGREEMENT, when properly signed and executed, shall satisfy the requirements of the TOWN’S Subdivision Regulations. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the DEVELOPER has employed a registered public surveyor licensed to practice in the State of Texas to prepare a final plat of the PROJECT. The Project is planned to be platted for Single Family Residential together with allowed incidental and accessory uses. The Project received preliminary plat approval from the Town on January 22, 2007. B. It is agreed and understood by the parties hereto that the DEVELOPER has employed a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all public improvements and facilities described in Section II and covered by this AGREEMENT. Unless otherwise specified herein, such plans and specifications shall be in accordance with the TOWN’S "Design Standards for Paving, Drainage and Utility Improvements" and the North Central Texas Council of Governments’ (NCTCOG) Standard Specifications for Public Works Construction, as presently adopted. 63 C. The DEVELOPER will award its own construction contract for the construction of all PROJECT street, sanitary sewer, and other drainage public improvements and facilities for the completion of the Project. The DEVELOPER agrees to employ a construction contractor(s) who is approved by the TOWN, said contractor(s) to meet TOWN and statutory requirements for being insured, licensed and bonded to perform work in public rights-of- way and to be qualified in all respects to bid on public streets and public projects of a similar nature. The DEVELOPER agrees to submit contract documents to the TOWN and participate in a pre-construction meeting with the TOWN and all Developer contractors. D. Prior to the execution of this Agreement, the commencement of construction, the filing of the Final Plat, or the issuance of any building permits, the DEVELOPER shall present to the TOWN a performance bond(s), payment bond(s) and maintenance bond(s), meeting the requirements of Chapter 2253 of the Texas Government Code. Each bond shall individually guarantee and agree to pay an amount equal to one hundred percent (100%) of the value of the construction costs (as determined by the TOWN Engineer) for all public improvements and facilities to be constructed by or on behalf of the Developer for the Project. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the TOWN, through the Town Attorney, shall retain the right to reject any surety company as a surety for any work under this or any other SUBDIVIDER’S AGREEMENT regardless of such Company’s authorization to do business in Texas. Approvals by the TOWN shall not be unreasonably withheld or delayed. 3) As an alternative to providing a surety bond for performance and a surety bond for maintenance as specified hereinabove, Developer may provide financial assurances for performance and maintenance in the form of a cash deposit, a certificate of deposit, or irrevocable letter of credit. Provided however, that such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. 4) As an alternative to the Developer providing a performance bond, payment bond, and maintenance bond, as specified above, Developer may provide financial assurances for performance, payment and maintenance from a single general contractor for the Project, provided that such assurances meet all other requirements specified hereinabove and the Town is named as a dual obligee on each such bond. Additionally, such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. 64 E. The performance bond(s) shall be submitted in statutory form guaranteeing the full and faithful completion of the facilities and improvements required under this Agreement for completion of the PROJECT to the TOWN and provide for payment to the TOWN of such amounts up to the total remaining amounts required for the completion of the PROJECT if the work is not completed as required hereunder. F. The payment bond(s) shall be submitted in statutory form guaranteeing payment of all labor and material costs of the Project and shall be furnished solely for the protection of all claimants supplying labor and material in the performance of the work provided for under this AGREEMENT. The maintenance bond(s) shall guarantee the payment of any and all necessary maintenance of the Project for a period of two (2) years following acceptance of the public improvements and facilities by the TOWN, in an amount equal to one hundred (100%) percent of the value of the construction costs of all the public improvements and facilities to be constructed under this Agreement in respect to the Project. G. Any guarantee of performance, maintenance, or payment instrument (e.g., performance bond, payment bond, maintenance bond, letters of credit, and/or cash deposit or the like) (individually a “Guarantee” or collectively the “Guarantees”) submitted by or through the DEVELOPER on a form other than the one which has been previously approved by the TOWN as "acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S expense, and construction of the Project shall not commence until the Town Attorney has approved such Guarantees. Approval by the TOWN (and the Town Attorney) shall not be unreasonably withheld or delayed. All such Guarantees shall be maintained in full force and effect until such time as the DEVELOPER has fully complied with the terms and conditions of this AGREEMENT as agreed to in writing by the TOWN, and failure to keep same in force and effect shall constitute a breach of this AGREEMENT. Failure to maintain performance and payment Guarantees meeting the requirements of this AGREEMENT shall result in a stop work order being issued by the Town. Additionally, all Guarantees furnished hereunder which expire prior to the completion of construction or applicable warranty periods shall be renewed in amounts designated by the TOWN and shall be delivered to the TOWN and approved by the TOWN on or before the tenth (10th) banking day before the date of expiration of any then existing Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN within the time prescribed herein, such failure shall constitute a breach of this AGREEMENT and shall be a basis for the TOWN to draw on all or any portion of any existing Guarantee in addition to any or all other remedies available to the TOWN. The DEVELOPER further agrees to release and forever hold the TOWN harmless from any losses, damages and/or expenses incurred by the DEVELOPER for any delays due to the TOWN'S 65 review of any Guarantee which is in a form other than one which has been previously approved by the TOWN. The TOWN requires the DEVELOPER to have all Guarantee forms approved prior to the commencement of work and construction of improvements. H. It is further agreed and understood by the parties hereto that upon acceptance thereof by the TOWN of all public improvements and facilities as described in Section II of this Agreement, title to all such improvements and facilities shall be vested in the TOWN, and the DEVELOPER hereby relinquishes any right, title, or interest in and to such improvements and facilities or any part thereof. It is further understood and agreed that until the TOWN accepts such improvements and facilities, the TOWN shall have no liability or responsibility with respect thereto. Acceptance of the improvements and facilities shall occur at such time as the TOWN, through its TOWN Engineer, provides the DEVELOPER with a written acknowledgment that all improvements and facilities are complete, have been inspected and approved and are being accepted by the TOWN. I. The DEVELOPER’S Engineer has prepared detailed estimates of $2,397,682.69 and the TOWN Engineer has approved the estimate of $2,397,682.69 for the cost of public improvements and facilities for the Project. The detailed cost estimates are a part of this AGREEMENT and are attached hereto as "Attachment A" (6 pages) and incorporated herein. The TOWN shall not accept any construction improvements outside of the Project and the two (2) year warranty for such improvements shall not commence until all construction activities are completed and accepted by the TOWN. J. Upon TOWN’S approval and acceptance of the final plat and the engineering plans, the final plat will be recorded with the County Clerk of Denton County. No building permits will be issued for any lots on/in the Project until the final plat is filed and the public improvements and facilities specified herein are completed and accepted by the TOWN. K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major subcontractors) and TOWN, as well as any other third party deemed necessary by the Town, shall participate in a pre-construction conference prior to the initiation of any work. At or prior to the pre-construction meeting, Developer shall provide the TOWN with the following documents: 1) Two (2) copies of all executed construction contracts; 2) List of all contractors/subcontractors and their project assignments; 3) Five (5) sets (and additional sets as necessary for any contractors) of approved construction plans and specifications. This list of contractors/ subcontractors shall be updated within seven days of any changes. The DEVELOPER agrees to give the TOWN at least twenty-four (24) hours prior written notice of his/her intent to commence construction of all public improvements and facilities, so that the TOWN, if it so desires, may have its representatives 66 available to inspect the beginning and continuing progress of all work. Developer shall submit all documentation evidencing that each of the Guarantees required under this Agreement have been provided and all required insurance has been obtained prior to the pre-construction meeting. L. The DEVELOPER agrees to notify all contractors and subcontractors working on the PROJECT that all their work is subject to inspection by a TOWN Inspector at any time, and that such inspection may require a certification by the contractors and subcontractors of the type, kind, and quality of materials used on the PROJECT. M. Should any work or construction of improvements or facilities on the PROJECT which has not been contemplated in the current construction documents (plans and specifications), the plat, or this AGREEMENT, become necessary due to site conditions, then the DEVELOPER shall be required to contact in writing (with a copy to the TOWN of Trophy Club), with the TOWN Engineer to determine how such work or construction should progress. The DEVELOPER further agrees to follow all reasonable recommendations and requirements imposed by the TOWN Engineer in such instance. (Addresses for points of contact are as follows:) Town of Trophy Club Teague, Nall & Perkins Mr. Brandon Emmons, Town Manager Mr. Tom Rutledge, Town Engineer 100 Municipal Drive 1100 Macon Street Trophy Club, Texas 76262 Fort Worth, Texas 76102 Phone: 682/831-4600 Phone: 817.336.5773 Fax: 817.490.0705 Fax: 817.336.2813 Email: bemmons@ci.trophyclub.tx.us Email: trutledge@tnp-online.com N. The DEVELOPER agrees to cause all work and construction of improvements and facilities to be stopped upon twenty-four (24) hour notification from the TOWN Engineer of nonconforming improvements, including the materials used and the methods of installation. The DEVELOPER further agrees to correct all nonconformities in accordance with the TOWN Engineer’s instructions. O. The DEVELOPER is encouraged not to convey title of any lots of the PROJECT, until all construction in respect to the PROJECT required in Section II is complete and the TOWN has approved and accepted the work and improvements in respect thereof. The DEVELOPER understands that the TOWN will issue no building permits for improvements on any lot in the Project until all public improvements and facilities in respect to the Project 67 are completed in accordance with this Agreement. Further, DEVELOPER agrees to inform all persons or entities purchasing the lots or any interest in the lots that TOWN will not issue any building permits until all public improvements and facilities are completed in accordance with this Agreement. P. After completion and prior to acceptance of all work, the DEVELOPER must furnish to the TOWN an affidavit of all bills paid. Q. Maintenance Responsibility for Common Areas: Open Space 1, Block A (hereinafter referred to as “Open Space 1”) is currently owned by DEVELOPER. Open Space 1 shall be maintained by DEVELOPER, until such time as Open Space 1 is dedicated to and accepted by or otherwise legally transferred to TOWN. TOWN has advised and DEVELOPER understands that TOWN is not representing that it will accept the dedication of Open Space 1 at any time and that the acceptance of Open Space 1 is a legislative function solely within the discretion of the Trophy Club Town Council upon conditions set forth by and acceptable to the Trophy Club Town Council in authority at the time such dedication or transfer is offered to TOWN. DEVELOPER understands and agrees that the TOWN has no obligation to agree to or accept the dedication or transfer of Open Space 1 to TOWN. Simultaneously with TOWN’S final acceptance of infrastructure for Phase 1B, if Town has not accepted the dedication of Open Space 1, DEVELOPER shall provide such security as reasonably required by TOWN to ensure that Open Space 1 is maintained in accordance with applicable TOWN ordinances in effect at the time and enacted in the future. II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED A. Phase 1A. The following public improvements and facilities to be constructed as Phase 1A of the Project shall be completed in accordance with the stamped approved Construction Plans: 1) Streets 2) Drainage and Storm Sewer 3) Sewer 4) Water Distribution System 5) Retaining Walls 6) Landscaping 7) Fences (other than Retaining Walls) 8) Signs 9) Driveways and Walkways 10) Lights 68 B. Phase 1B. The following public improvements and facilities to be constructed as Phase 1B of the Project shall be completed in accordance with the stamped approved Construction Plans: 1) Streets 2) Drainage and Storm Sewer 3) Sewer 4) Water Distribution System 5) Retaining Walls 6) Landscaping 7) Fences (other than Retaining Walls) 8) Signs 9) Driveways and Walkways 10) Lights C.. Other. 1. Bench marks to be located as shown on the approved plans. 2. Upon completion, three (3) sets of as-builts/record drawings and one (1) set of reproducible (Mylar) drawings shall be submitted to the TOWN within one (1) month following the acceptance of the public improvements and facilities. 3. Testing The Developer shall provide all geotechnical and materials tests required by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost in accordance with Section 7.03 of Article 7, Chapter 12, of the Town’s Code of Ordinances. Such tests shall be conducted by an independent laboratory retained by the Town. 4. Permits The DEVELOPER will pay a Community Facilities inspection fee in the amount of $119,884.13 (5% of $2,397,682.69) to cover the cost of TOWN inspection fees as related to the construction of the Project. The Developers may be obligated to pay other TOWN fees as set forth in the TOWN’S Schedule of Fees, as may be amended from time to time. The DEVELOPER will be responsible for obtaining any other permits which may be required by other federal, state or local authorities. 5. Planned Development District No. 27, The Highlands at Trophy Club. 69 Developer shall construct and maintain all improvements in accordance with the TOWN approved Planned Development District No. 27 and all TOWN approved amendments thereto. III. GENERAL PROVISIONS A. The DEVELOPER agrees to furnish and maintain at all times prior to the TOWN’S final acceptance of the public improvements and community facilities for the Project, an owners protective liability insurance policy naming the TOWN as insured for property damage and bodily injury in the amounts. Coverage shall be on an “occurrence” basis and shall be issued with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. B. Exclusive venue of any action brought hereunder shall be in Denton, Denton County, Texas. C. Approval by the TOWN Engineer of any plans, designs or specifications submitted by the DEVELOPER pursuant to this AGREEMENT shall not constitute or be deemed to be a release of the responsibility and liability of the DEVELOPER, his engineer, employees, officers or agents with respect to the construction of any of the PROJECT’S improvements or facilities, or for the accuracy and competency of the PROJECT’S improvements and facilities design and specifications prepared by the DEVELOPER'S consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that the approval by the TOWN Engineer signifies the TOWN'S approval on only the general design concept of the improvements and facilities to be constructed. The DEVELOPER shall release, indemnify, defend and hold harmless the TOWN, its officers, agents, servants and employees, from any demands, actions, causes of action, obligations, loss, damage, liability or expense, including attorneys fees and expenses, on account of or with respect to damage to property and injuries, including death, to any and all persons which may arise out of or result from any defect, deficiency or negligence in the construction of the PROJECT’S public improvements and facilities or with respect to the DEVELOPER'S Engineer’s designs and specifications incorporated into any improvements and facilities constructed in accordance therewith, and the DEVELOPER shall defend at his own expense any suits or other proceedings brought against the TOWN, its officers, agents, servants or employees, or any of them, on account thereof, and pay all expenses and satisfy all judgments which may be incurred or rendered against them or any of them in connection herewith. All responsibility and liability for drainage to adjacent and downstream properties from development of this PROJECT will accrue to the DEVELOPER. D. INDEMNITY AND LIABILITY FOR CONSTRUCTION. THE DEVELOPER, ITS SUCCESSORS, PERMITTEES, PERMITTED ASSIGNS, VENDORS, 70 GRANTEES AND/OR TRUSTEES DO HEREBY FULLY RELEASE AND AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE TOWN, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ALL LOSSES, DAMAGE LIABILITIES, CLAIMS, OBLIGATIONS, PENALTIES, CHARGES, COSTS OR EXPENSES OF ANY NATURE WHATSOEVER, FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, RESULTING FROM OR IN ANY WAY CONNECTED WITH THIS CONTRACT OR THE CONSTRUCTION OF THE IMPROVEMENTS OR FACILITIES OR THE FAILURE TO SAFEGUARD CONSTRUCTION WORK, OR ANY OTHER ACT OR OMISSION OF THE DEVELOPER OR ITS CONTRACTORS OR SUBCONTRACTORS, THEIR OFFICERS, AGENTS, SERVANTS OR EMPLOYEES RELATED THERETO. DEVELOPER, AS THAT TERM IS USED THROUGHOUT THIS AGREEMENT, REFERS TO K. HOVNANIAN HOMES-DFW, L.L.C. AND STANDARD PACIFIC OF TEXAS, L.P., OWNERS OF THE PROJECT, BOTH JOINTLY AND SEVERALLY. DEVELOPER UNDERSTANDS THAT ITS OBLIGATION UNDER EACH AND EVERY TERM OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE TERMS OF THIS PARAGRAPH SPECIFICALLY, IS BOTH JOINT AND SEVERAL AND HEREBY EXPRESSLY WAIVES ANY AND ALL DEFENSES TO LIABILITY THAT MAY ARISE OUT OF, RELATE TO OR RESULT FROM THE SEPARATE ACTION OR INACTION OF EITHER OF THE INDIVIDUAL OWNERS, COLLECTIVELY REFERRED TO AS DEVELOPER, SO THAT THE FULL INTENT AND MEANING OF JOINT AND SEVERAL LIABILITY ATTACHES UNDER THIS AGREEMENT FOR THE BENEFIT OF THE TOWN. E. Final Acceptance Of Infrastructure – Phase 1A. The TOWN will not issue a Building Permit for any lot in Phase 1(A) until the public facilities and improvements identified in Items 1,2,3,4, and 5 (referred to in this paragraph as “Partial Improvements) are completely constructed for Phase 1A to the satisfaction of the TOWN Engineer or his agent and in accordance with the stamped approved Construction Plans (Final Completion) However, upon Substantial Completion of the Partial Improvements, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Partial Improvements. DEVELOPER shall complete Items 6, 7, 8, 9 and 10 listed in Paragraph II(A) herein, (referred to in this paragraph as “Improvements) within 120 days of the final acceptance of the Partial Improvements. The TOWN will not issue a Letter of Acceptance or any Certificates of Occupancy until both the Partial Improvements and the Improvements are completely constructed for Phase 1A to the satisfaction of the TOWN Engineer or his agent and in accordance with the stamped approved Construction Plans (Final Completion). However, upon Substantial Completion of the Improvements, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) 71 indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Improvements. F. Final Acceptance Of Infrastructure - Phase 1B. The TOWN will not issue a Letter of Acceptance, any building permits or certificates of occupancy for Phase 1B until all public facilities and improvements listed in Paragraph II(B) are completely constructed to the satisfaction of the TOWN Engineer or his agent and in accordance with the stamped approved Construction Plans (Final Completion). However, upon Substantial Completion, a “punch list” of outstanding items shall be presented to the Developer’s contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Improvements for Phase 1B. G. Neither this Agreement nor any part hereof or any interests, rights, or obligations herein, shall not be assigned by the DEVELOPER without the express written consent of the TOWN Council. H. All work performed under this AGREEMENT shall be completed within eighteen months from the date hereof. In the event the work is not completed within the eighteen (18) month period, the TOWN may, at its sole election, draw down or otherwise exercise it rights under or with respect to any Guarantee provided by the DEVELOPER and complete such work at DEVELOPER'S expense; provided, however, that if the construction under this AGREEMENT shall have started within the eighteen (18) month period, the TOWN may agree to renew the AGREEMENT with such renewed AGREEMENT to be in writing and in compliance with the TOWN policies in effect at that time. Notwithstanding the foregoing, in the event that the performance by either party of any of its’ obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of either party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, or sovereign conduct, then upon written notice of such occurrence, such party shall be excused from performance for a period of time as is reasonably necessary after such occurrence to remedy the effects thereof, and each party shall bear the cost of any expense it may incur due to the occurrence. I. This Subdivider's AGREEMENT shall be construed in accordance with the Town of Trophy Club, Texas Subdivision Regulations and all other applicable ordinances. Any conflicts between the provisions of this Subdivider’s AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and State and Federal law, shall be construed in favor of the Town’s ordinance(s) as allowed by law, subject to Chapter 245 of the Local Government Code. To the extent that any such conflict exists, only that portion of the Subdivider’s AGREEMENT which is in conflict shall be severable from the other provisions of the AGREEMENT, and such conflict shall in no manner affect the validity or enforceability of the remaining provisions. 72 J. All rights, remedies and privileges permitted or available to the TOWN under this AGREEMENT or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the Town in the enforcement of any such right, remedy or privilege, shall not constitute a waiver of such right, remedy or privilege by the Town. A default under this Agreement by the TOWN shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by the TOWN. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: K. Hovnanian Homes-DFW, L.L.C. By: Date: By: Project Manager Date: DEVELOPER: Standard Pacific of Texas, L.P. By: Date: By: Project Manager 73 Date: TOWN OF TROPHY CLUB: By: Nick Sanders, Mayor, TOWN of Trophy Club ATTEST: ______________________________ Town Secretary, Town of Trophy Club Date: ______________________ APPROVED AS TO FORM: _____________________________ Town Attorney, Town of Trophy Club 74 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.C.3 Discuss and take appropriate action regarding the use of the Trophy Club Times as the Town's newsletter. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Alliance Distribution Information 2. Alliance Zoning Rates 75 76 77 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.C.4 Present and discuss 2007 Certified Appraisal Records and Effective/Rollback Tax Rate Calculations. EXPLANATION: Municipalities are required to publish their rollback tax rates in the newspaper, along with the effective tax rate and other required schedules. These are currently scheduled to publish on August 10, 2007 in the Trophy Club Times. The rollback tax rate divides the overall property taxes into two categories—maintenance and operations (M&O) taxes and debt service taxes. By law, the rollback rate for taxing units is set at an eight percent (8%) increase in operating taxes. The effective tax rate is generally the property taxes divided by the current year’s taxable value of properties that were on the tax roll in both years. This rate excludes taxes on properties no longer in the taxing unit and also excludes the current taxable value of new properties (growth). The Town of Trophy Club’s effective rate for this year is $._______/$100 (provided prior to meeting) valuation, and the rollback rate is $._______/$100 (provided prior to meeting valuation. RECOMMENDATION: ACTION BY COUNCIL: (smd) Attachments: 1. 2007 Certified Assessment Roll Grand Totals Report 2. 2007 Notice of Effective Tax Rate & Schedules (provided prior to meeting) 3. 2007 Effective Tax Rate Worksheet (provided prior to meeting) 4. 2007 Rollback Tax Rate Worksheet (provided prior to meeting) 78 79 80 81 82 83 84 85 86 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.C.5 Discuss and take appropriate action regarding a Resolution to approve the placement of a proposal to adopt a 2007 Tax Rate on the September 24, 2007 Town Council Public Meeting Agenda as an action item. EXPLANATION: The Property Tax Code specifies that “when a proposed rate exceeds the rollback rate or the effective rate, whichever is lower, the taxing unit’s governing body, other than for a small taxing unit, a water district or a school district, must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item”. The Proposed 2007-08 Budget is funded with a proposed tax rate of $.46264/$100 (O&M .36723, I&S .09541). Although this proposed rate is below the rollback rate, it is above the effective tax rate and requires two separate public hearings. RECOMMENDATION: 08/06/07 Vote to Place Proposal on Future Agenda 08/10/07 Publish Required Notice of Effective Tax Rate & Schedules 08/10/07 Publish Required Notice of Public Hearing On Tax Increase 08/20/07 Hold First Public Hearing 08/24/07 Publish First Required Notice of Vote on Tax Rate 09/10/07 Hold Second Public Hearing 09/14/07 Publish Second Required Notice of Vote on Tax Rate 09/24/07 Adopt Tax Rate ACTION BY COUNCIL: Discuss and take appropriate action regarding a Resolution to approve the placement of a proposal on the September 24, 2007, Town Council Public Meeting Agenda to adopt a 2007 tax rate that will exceed the lower of the rollback rate or the effective tax rate; calling public hearings on a tax increase to be held on August 20, 2007 and September 10, 2007, requiring publication of a Notice of Public Hearing on Tax Increase in accordance with the law; and providing an effective date. Needs to be a recorded vote. (SMD) 87 Attachments: 1. Resolution 88 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2007 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE PLACEMENT OF A PROPOSAL ON THE SEPTEMBER 24, 2007, TOWN COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2007 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR THE EFFECTIVE TAX RATE; CALLING PUBLIC HEARINGS ON A TAX INCREASE TO BE HELD ON AUGUST 20, 2007 AND SEPTEMBER 10, 2007; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON TAX INCREASE IN ACCORDANCE WITH THE LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council desires to consider adoption of a tax rate of $0.46264 per $100 valuation, which will exceed the lower of the rollback rate or the effective tax rate, in accordance with the requirements of the Texas Tax Code Chapter 26 and to schedule public hearings on the proposed tax increase as required by law; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town Council desires to consider adoption a tax rate for the 2007 tax year of $0.46264 per $100 valuation that will exceed the lower of the rollback rate or the effective tax rate. Section 2. The Town Council hereby approves the placement of an item on the September 24, 2007 Town Council public meeting agenda, such meeting being a regular Council meeting, to vote on a proposed tax rate of $0.46264 per $100 valuation that will exceed the lower of the rollback rate or the effective tax rate. Section 3. The Town Council hereby calls public hearings on the proposed tax increase to be held in the Svore Municipal Building located at 100 Municipal Drive, Trophy Club, Texas 76262 on August 20, 2007 and September 10, 2007 at 7:00 p.m., such dates being weekdays which are not public holidays. The first public hearing will not be held until at least seven days after notice of both public hearings have been published in the Trophy Club Times, a newspaper having general circulation within the Town, in the form of the attached Notice of Public Hearing on Tax Increase, which is incorporated into this Resolution for all purposes meeting the size requirements specified Texas Tax Code §26.06. The Town Manager and the Assistant Town Manager are hereby directed to publish such notice in accordance with this Resolution and in accordance with Texas Tax Code §26.06. At both public hearings, the Town Council will afford adequate opportunity for both proponents and opponents of the tax increase to present their views. 89 Section 4. This Resolution shall become effective immediately upon its passage and approval at a regular meeting of the Town Council of the Town of Trophy Club, Texas on this the 6th day of August, 2007, at which meeting a quorum was present and the meeting was held in accordance with the provisions of Texas Government Code §551.001, et seq. The Town Secretary is hereby directed to record this Resolution and the vote on the proposal to place the item for a tax increase on the September 24, 2007 Town Council agenda. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 6th day of August, 2007. __________________________________ 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 90 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.C.6 Discuss and take appropriate action regarding the regularly scheduled Town Council meetings for the month of September. EXPLANATION: Council’s regularly scheduled meeting on September 3rd is a Holiday. Staff would like Council to consider rescheduling this meeting. Due to the 2007-08 FY Budget publications, Council will need to meet on September 24, 2007 which will cause the first meeting in October to be the following week. If we delay the October meetings we will have the same situation in November. Due to the short turn around time for placement of items on the first Agenda in October there may not be a need to have this meeting. Staff would like Council to consider authorizing the Town Manager to review upcoming Agenda requirements and advise Council about the necessity of holding the first meeting in October prior to that meeting date. RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. September and October Calendars 91 92 93 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.C.7 Discuss and take appropriate action to approve financials and variance report dated June 2007. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 94 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.C.8 Discuss and take appropriate action to approve Minutes dated, April 2, 2007. EXPLANATION: Meeting occurred prior to Council members Wilson and Moss being sworn in. Both will need to abstain from voting. RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Minutes dated April 2, 2007 95 MINUTES OF PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, April 2, 2007 AT7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Public Hearing and Regular Session on Monday, April 2, 2007. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Roger Williams Mayor Pro Tem Pam Cates Council Member Susan Edstrom Council Member Philip Sterling Council Member Gregory Lamont Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Lisa Ramsey Town Secretary Patricia Adams Town Attorney Beth Ann Gregory Community Development Director Sakura Moten-Dedrick Finance Director Danny Thomas Fire Chief Shannon DePrater Interim Planning Coordinator Gene Hill Planning and Zoning Chairman Misty Ventura Hughes and Luce Ian Fredicksburg Hughes and Luce Lila Marsh Bond Counsel, Vinson & Elkins Dan Almon Southwest Securities Fran Bugsby Bank of America Keenan Rice MuniCap Jim Wiegert Carter and Burgess Greg Schaecher McCall, Parkhurst and Horton L.L.P. Mehrdad Moayedi Centurion Development Group A.1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present. 96 A.2 Mayor Sanders gave the Invocation. A.3 Council member Cates led the Pledges. 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". Motion made by Edstrom, seconded by Lamont to approve the Proclamation. Mayor Sanders read the Proclamation. Motion passed unanimously without any discussion. A.5 Citizen presentations: Pearl Ford, 2 Spring Creek Court – Commended staff for promoting effective communications via the Newsletter, Website and Marquee. All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Motion made by Edstrom, seconded by Williams to approve the Consent Agenda, Item B.1. Motion passed unanimously without further discussion 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. End of Consent Agenda TOWN COUNCIL CONVENED INTO PUBLIC HEARING PUBLIC HEARING 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"; 97 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 Public Hearing Opened at 7:12 p.m. No one addressed council. Public Hearing Closed at 7:14p.m. TOWN COUNCIL RECONVENED INTO REGULAR SESSION *REGULAR SESSION 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) Motion made by Williams, seconded by Cates to approve. Planning and Zoning Chairman, Gene Hill reported the Commission held a total of three Public Hearings and on March 15th, 2007, made a recommendation to the Town Council to approve the proposed PD-27 with the revisions listed in the packet. The applicant agreed with the Commission’s recommendations and incorporated them into their March 19th, 2007 submittal. Town Manager Emmons said this process started in late December when Centurion approached the Town regarding the PD that was approved in May; specifically in relation to neighborhood 8 which supports an active adult community. Mayor Sanders added that the whole area of Neighborhood 8 is now gated. Chairman Hill said there was considerable discussion regarding neighborhood 8, both the Commission and the developer agreed the six unit structures would be better if broke into three units. Hill added that four architectural items currently required under garages were deleted. 98 Council member Lamont confirmed that there will be no housing within 200 feet of the well heads. Jim Wiegret said the road would stop at the entrance of Neighborhood 6; the flowage easement is only a potential, future road with a right of away. Community Development Director, Beth Ann Gregory said this would be addressed during the platting and construction phase. Council member Cates appreciates that the number of lots in this community was decreased. Cates said some of the Council members may want to take credit for the changes in the lot sizes or the number of lots, but purely that comes from the owners. Cates said she has seen in the paper where Council members have taken credit for these changes, prior to coming up for the vote and reminded them that if they have any financial interest in this property, they should not be voting, or they should be disclosing their financial interest, because truly, the number of lots have come from the owner’s desire to change. Motion passed unanimously without further discussion. 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. Planning and Zoning Chairman, Gene Hill said the Town’s sign code, allows only one (1) development sign, per project/premise. The development currently has one sign located at 515 Clear Vista Drive and the applicant is requesting one additional sign to be located at 322 Eagles Court. On March 15th the Commission unanimously recommended approval of this request. Motion made by Lamont, seconded by Sterling to approve. Mayor Sanders noted the developers of Eagles Ridge were present. Motion passed unanimously without further discussion. 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. Planning and Zoning Chairman, Gene Hill reported the vacancy was created by the resignation of Steven Stamos. Chairman Hill said that Stamos missed three consecutive meetings and when contacted regarding his absences, Stamos submitted his resignation. During the annual appointment process, there was one application that exceeded the number of open seats and according to the Handbook for Appointed and Elected Officials the applicant not appointed during the annual appointment process 99 was considered first. The Town Secretary confirmed Mr. Sanchez’s continued interest and forwarded to Council for consideration of appointment. Alejandro Sanchez told the Council he appreciates the opportunity to serve on this committee. Motion made by Lamont, seconded by Sterling to appoint Alejandro Sanchez to the remainder of the unexpired term expiring in 2007. Mayor Sanders confirmed Mr. Sanchez’s architectural license is not in Texas. Motion passed unanimously without further discussion. D.4 Discuss and take appropriate action regarding The Highlands At Trophy Club Development and Public Improvement District Agreement. Town Manager Emmons referenced the handouts and said that the agreement changes daily. Emmons said that he has discussed the amendments with Town Attorney Adams. Council member Lamont would like to see the cost overrun be 10% per project. Town Manager Emmons and Town Attorney Adams are not comfortable with this language and would like to tighten up this section. Emmons would like the language to be tight enough to provide bonding for the developer’s responsibility for the overruns. Mehrdad Moayedi reassured that any cost overrun built into the PID will be covered by the developer. Ian Fredickson from Vinson and Elkins agreed to revise this section to confirm what Mehrdad said. Town Manager Emmons said #9 Construction Administration/Management of Project List is new. Keenan Rice from MuniCap explained how the percentages in the PID for items on the sheet were determined. Rice added that this is only a draft and is a work in process and that ultimately bond counsel will have the final approval. Council member Cates questioned the retail usage at Village Center as she has heard of the potential use for religious organizations and day care centers. Keenan Rice said he has not assumed 100% of retail, which was based on the traffic report. Mayor Pro Tem Williams requested Council consider what they are approving in #8 Wireless Internet Infrastructure and questioned who would pay for the service once installed. Mayor Sanders said that he added this item as consideration for a cable access fee. The Town has been visited by an AT&T representative and targeted to receive U-Verse fiber and the item has not been removed from the exhibit. Bond Counsel, Lila Marsh said the challenge is to make reasonable classifications and to move forward in good faith based on the information in the file at this time. 100 Fran Bugsby from Bank of America said they rely on MuniCap, Carter and Burgess and Bond Counsel to evaluate the assessment. Jim Wiegert with Carter and Burgess agrees with MuniCap, but has a different approach on some items and will discuss with Keenan Rice later. Town Manager Emmons said the PID Petition and sub-developer’s agreement is tentatively scheduled for the April 16th meeting. Mayor Sanders asked the Council how soon in advance they would need to see the document in order to feel comfortable. Lila Marsh agreed that in terms of allocation this is not the time to approve this and suggested the PID be formed first. Mayor Pro Tem Williams thinks the money listed in item #8 needs to be removed and put back in contingency. Council member Edstrom said once the due diligence is preformed, Williams can come back to the Council with that suggestion. Council member Lamont asked who would be handling the cost over runs in Section 8.2. Town Attorney Adams answered this will be discussed in their meeting and then related to Town Manager Emmons. Mayor Sanders asked that Council be updated once Section 8.2 is dealt with. Mayor Sanders questioned the influx from the PID Document $27 Million figure; however the cost of issuance equals $28 Million. Town Manager Emmons explained a list of projects were added to the PID petition, allowing for up to $28 Million and is a flexible amount of closing costs for the agents and the debt service bonds. The last document had a 15% debt service and about $1 million allocated to the PID. Mayor Pro Tem Williams would like to understand the projects need for issuance of $27 Million in bonds. Mayor Sanders would like to see this list as well. Council member Lamont would like to change the assessments. Town Manager Emmons said the cost was calculated by the developers and based on the contracts. Lila Marsh cautioned that the PID statue is very cumbersome and suggested Council make the petition slightly higher to allow a little wiggle room in the Developer’s Agreement. Jim Wiegret clarified the contingency is roughly 10% of each projected cost. Council asked to see the 10% listed under each item. Lila Marsh’s preference is to have one line item addressing contingency. Southwest Securities, Dan Almon said his responsibility is to monitor the reasonableness of all the comments and said Council needs to have a comprehensive analysis of hard costs with a ball park figure of what the debt services assessment will be. Bank of America representative, Fran Bugsby suggested one line to address contingency in order to allow the greatest flexibility. Town Manager Emmons concluded the Moody improvement rating was upgraded from an A3 to an A2. No action taken. 101 Mayor Sanders called a five minute recess. 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 Town Manager Emmons summarized the discussion from the joint meeting held this past October discussing the users in the Highlands in Trophy Club and their connection into the MUDs utility system. The main concept was for the MUDs to receive an upfront fee to connect into the existing infrastructure in the amount of $545,000 and the flat fee of $2,300.00 until the total amount reached $3.8 million. Emmons said there was a little bit of resistance to the proposals and therefore the group opted to move into more of a retail contract. The water sub committee has met three times and has reviewed the business plan. Since the last meeting the MUDs have now requested that the Town move back to a wholesale agreement, with a set term rate and an extended term of the commodity contract in order to get the buy in. The operation and maintenance rates will be based in a separate agreement and will be discussed at the April 5th, 2007 Master District meeting. Mayor Pro Tem Williams feels the issue identified in the meeting Friday is the need to have agreements. MUD 1 President, Dean Henry confirmed the wholesale entity is the City of Fort Worth not the MUD districts. Mayor Sanders verified the two-year term of agreements with the Master District with a one-year out clause and is concerned with the terms and the rolling two years. Dean Henry responded that MUD 1 would still exist even if the Master District dissolved. Mayor Sanders would like to establish a water rate to bill the PID citizens. Dean Henry said the PID residents will be charged the same rate he is. MUD 1 Director, Jim Hase suggested the Town have their own rate for the PID residents; the MUDs will read the meters, multiply their rate and bill for the Town. Town Manager Emmons said there is usually a set rate for a commodity and the idea was to negotiate this rate, however there is an escalation and the true cost will fluctuate on the amount of water used. Jim Hase responded that the MUDs do not have wholesale water but have a water and waste water-system. Mayor Sanders said the idea is to break the agreement into a more manageable agreement and the goal of getting into a long term contract where the MUDs can be reimbursed their money. The original concept was the Town becoming a partner with the Master District on behalf of the PID residents. Mayor Pro Tem Williams feels the negotiations should not cost the current residents any money. Town Manager Emmons confirmed the potential for operation and administrative oversight and the Town has already paid a portion of the billing software. No action taken. 102 D.6 Discuss and take appropriate action to approve financials and variance report dated February 2007. Motion made by Lamont, seconded by Cates to approve. Council member Williams questioned the annual payments on the P & R vehicle. Finance Director, Sakura Moten-Dedrick will begin noting how many annual payments are left on the next report. Williams likes the explanation included in the report as well. Motion passed unanimously without further discussion. 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. Mayor Sanders said based on Council’s direction given to staff at the last meeting, staff has provided two options for Council’s consideration. The first option is an amendment to the nuisance ordinance which covers more than just swimming pools, but eliminates its applicability to some bodies of water which Council had expressed concern about. The second option is strictly the addition of an abatement section to our existing pool ordinance. This option would not provide staff 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, the final Ordinance will be presented on the April 16th Consent Agenda. Motion made by Williams, seconded by Cates to approve an abatement section to our existing pool Ordinance. Mayor Pro Tem Williams feels there is a major issue related to in-ground swimming pools, fifteen of which occurred last summer. Williams thinks the amendments are better addressed in the pool Ordinance as opposed to approving a whole new Ordinance. Council member Edstrom said that staff identified other issues while working on this recommendation, therefore favored a more comprehensive Ordinance that incorporates all items that need to be addressed. Council member Cates expressed concern about making the Ordinance too broad and not having adequate staff to enforce. Mayor Sanders commented that bird baths were eliminated in option A provided in the packet. Council member Sterling supports option A and feels the staffing issues would be the same under either option. 103 Council member Edstrom believes any issue with current code enforcement needs to be addressed separately, and not taking action on this Ordinance is not the right approach. Motion to approve option number 2, addition of an abatement section to our existing pool ordinance, tied 2:2:1 with Williams and Cates voting for, Edstrom and Sterling against and Lamont abstains. Mayor Sanders called for the vote a second time, motion passed 3:2 with Williams, Cates and Lamont for and Edstrom and Sterling against. Staff was directed to place the ordinance in final form on the April 16th Consent Agenda. 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. Dan Almon explained the proceeding for execution based on the bid opens to the Council and introduced Greg Schaecher from McCall, Parkhurst and Horton L.L.P. Motion made by Lamont, seconded by Cates to award to AG Edwards. Council members questioned how the bonds receive their designation as qualified. Dan Almon explained if the bank designates more the 10 a year, the bonds cannot be designated as bank qualified. Motion passed unanimously without further discussion. 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. Motion made by Cates, seconded by Sterling to approve. Council member Sterling asked the cost of refinance. Town Manager Emmons said this is not refinancing, that SW Securities went out and shopped this note and found it at a lower interest rate and this is the first time Council will issue the debt. Motion passed unanimously without further discussion. 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. 104 Town Manager Emmons explained the adjustment based on the CPI and the options as; do nothing or authorize the increase of 1.7 %. Item died for lack of a motion. D.11 Items for Future Agenda. No items added. 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) EDC 4A Liaison, Council member Edstrom was away on business and did not attend the March 26th meeting. b) Partner's in Mobility Report. c) Town Manager's Report. TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION EXECUTIVE SESSION Town Council convened into Executive Session at 10:25 p.m. Town Council reconvened into Regular Session at 11:00 p.m. Motion made by Sterling, seconded by Williams to extend deliberations past 11:00 p.m. Town Council convened into Executive Session at 11:01 p.m. 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. TOWN COUNCIL RECONVENED INTO REGULAR SESSION 105 *REGULAR SESSION Town Council reconvened into Regular Session at 11:46 P.M. 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. No action taken. F.1 Adjourn. Motion made by Sterling seconded by Williams to adjourn. Meeting adjourned at 11:47p.m. ______________________________ _______________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 106 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.C.9 Discuss and take appropriate action to approve Minutes dated, July 12, 2007. EXPLANATION: Council member Sterling was absent from this meeting and will need to abstain from voting. RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Minutes dated July 12, 2007 (Joint Workshop with Master District.) 107 MINUTES OF JOINT WORKSHOP SESSION BETWEEN TROPHY CLUB MUNICIPAL UTILITY DISTRICT 1, TROPHY CLUB MUNICIPAL UTILITY DISTRICT 2, and TROPHY CLUB TOWN COUNCIL and a REGULAR SESSION of TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 and TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 dba TROPHY CLUB MASTER DISTRICT THURSDAY, JULY 12, 2007 AT 6:00 P.M. The Board of Directors of the Trophy Club Master District and the Town Council of the Town of Trophy Club met in Joint Workshop Session on Thursday, July 12, 2007, at 6:00 p.m. in the Boardroom of the Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. The meeting was held within the boundaries of the Town and was open to the public. Master District Directors Present: James Thomas Vice Chair Jim Hase Secretary/Treasurer Carol Borges Board Member James Budarf Board Member Kevin Carr Board Member Andy Hayes Board Member (Left at 9:00 p.m.) Dean Henry Board Member Neil Twomey Board Member Master District Directors Absent: Gary Cantrell Chairman Connie White Board Member Town Council Members Present: Nick Sanders Mayor Susan Edstrom Mayor Pro Tem Pam Cates Council Member Jim Moss Council Member Kathleen Wilson Council Member Town Council Members Absent: Philip Sterling Council Member Staff and Guests Present: Walter Fitzpatrick District Manager Brandon Emmons Town Manager Sakura Dedrick Finance Director Danny Thomas Fire Chief Mary Moore Recording Secretary 108 Robert Scott Utility Superintendent Mike Pastor Information Systems Manager Renae Gonzales Sr. Accountant Jim Buxton Financial Analyst Bob West Attorney Pam Liston Attorney Steve Lenart Lenart Development Company Betty Ann Henry (Oak Hill Drive) Tom Parker BRW Architects Shirley Hase 209 Inverness Drive Roger Unger Consultant Bob Rader 1 Lee Court A.1 TCMUD 1 to call to order and announce a quorum. President Henry announced a quorum and called the meeting to order at 6:00 p.m. A.2 TCMUD 2 to call to order and announce a quorum. President Budarf announced a quorum and called the meeting to order at 6:00 p.m. Vice Chair Thomas offered to bring the Master District into Session to address agenda items C.1, D.9 and C.2, to allow time for the Council to achieve a quorum. MASTER DISTRICT TO CONVENE INTO REGULAR SESSION – (6:05 p.m.) *REGULAR SESSION C.1 Public Comments or Presentations No public comments. D.9 Discuss and take appropriate action concerning developer's agreement concerning the abandonment of present Lift Station Four and replacing it with a new lift station. District Manager Fitzpatrick explained that there is question as to whether the payment is for a flat amount ($90,000) or for a not-to-exceed and/or percentage amount. Steve Lenart stated he is here representing the developer. Steve addressed the Board regarding the payment options. His understanding after last month’s meeting was it was for a set amount of $90,000, and that any overages are the contractor’s responsibility. He is willing to do this on a percentage basis; however, this project is a small piece of a larger project and it is hard to figure out what amounts are attributable to the lift station. Director Henry feels it is advantageous to accept the $90,000 payment versus going with a percentage amount, as the costs for repair were estimated at $60,000 and the Board agreed to add another $30,000. 109 Director Budarf advised that the motion from the minutes states “not to exceed $90,000” not a fixed amount, as is being proposed here. Steve Lenart stated he is okay with doing it on a percentage basis; however, this creates issues. The agreement they put forward does not apply if they go with a percentage basis/payment. Vice Chair Thomas agreed that the $90,000 payment is beneficial, as the total cost of the new lift station is over $200,000. Director Henry moved to approve the payment of $90,000 towards the developer’s agreement with for a new lift station. Director Twomey seconded the motion. Floor was opened for discussion. Motion carried 5-1-0 with Directors Henry, Hase, Twomey, Borges and Carr voting for and Director Hayes voting against. Voting Directors: Borges, Carr, Hase, Hayes, Henry, and Twomey. Directors not voting pursuant to Master District equal-voting procedure: Budarf and Thomas Directors absent: Cantrell and White. Council members Cates and Edstrom arrived – 6:20 p.m. A.3 Town Council to call to order and announce a quorum. Mayor Sanders announced a quorum and called the meeting to order at 6:20 p.m. Board and Council agreed to hear Agenda Item C.2 next to accommodate BRW Architects C.2 Presentation by BRW Architects concerning proposed additions and renovations to the Fire Station. Fire Chief Thomas advised that the fire station committee, made up of MUD 1 Directors Connie White and Jim Hase; MUD 2 Directors Kevin Carr and Andy Hayes, three fire lieutenants and Lou Opipare, has awarded the RFP for Additions and Renovations to Fire Station to BRW Architects. Tom Parker of BRW Architects made a presentation to the Board regarding their proposed addition and renovations to the Trophy Club Fire Station and addressed the Board’s questions. No action taken. TROPHY CLUB MUD 1(TCMUD 1), TROPHY CLUB MUD 2 (TCMUD 2) AND TOWN COUNCIL TO CONVENE INTO A JOINT WORKSHOP SESSION JOINT WORKSHOP SESSION (7:25 p.m.) 110 B.1 Joint workshop between Trophy Club Municipal Utility District No. 1, Trophy Club Municipal Utility District No. 2, and the Town Council to receive information, have discussion and provide input regarding shared employees. Town Manager Emmons explained the need for a human resources coordinator. Mayor Sanders advised that Lisa Ramsey has been performing two jobs, town secretary and human resources manager, and it is time to separate the two positions. District Manager Fitzpatrick recommends funding this position. Director Henry supports this position and questioned how the new development/PID involvement affects needs for more employees and their salaries. Town Manager Emmons stated that the base salary for the Human Resources Coordinator is $38-44,000. 2nd position is Financial Analyst Town Manager Emmons explained that when Roger Unger was the Finance Director, Sakura Dedrick was a financial analyst and paid 100% by the Town. Sakura’s position has not been filled since she was promoted to Finance Director with Roger Unger’s resignation. He added that it is very hard to differentiate when Town work ends and MUD’s work start. District Manager Fitzpatrick stated he strongly recommends going with this position. Town Manager Emmons stated that many of the Finance employees are working overtime as well as going over and beyond their call to duty. Finance Director Dedrick advised that the MUDs will save on overtime, as she has been having Renae Gonzales, Senior Accountant, working overtime. Council Member Cates added that the additional personnel will allow for more controls and review processes to be realized that personnel simply do not have enough time now to complete. Director Budarf asked how the PID will impact Finance personnel. Mayor Sanders stated it is not possible to know those aspects at this time. 3rd position – Permit Clerk Town Manager Emmons offered that in anticipation of new growth in the community, we are looking at hiring another Permit Clerk. It was understood that the MUDs would contribute 50%, even though it is not budgeted. We have not brought this position on, as we have been able to cover with current personnel. 111 District Manager Fitzpatrick strongly recommends against funding this position. Vice Chair Thomas does not agree with paying half of this position, as the MUDs are already paying for half of a person. Town Manager Emmons stated they need to take in consideration that what the Town and MUD do as an entity benefits the town as a whole. There is a need for this Permit Clerk and it will need to be funded. District Manager Fitzpatrick added that we all impact one another. Director Budarf suggested asking the MUDs for assistance in funding positions rather than trying to qualify the permit clerk as performing MUD duties, requiring reimbursement from the MUDs. Town Manager Emmons stated the total cost to the MUDs for all the positions is an increase of $45,000, which is savings from not having to fund the Community Development Director/Assistant Town Manager position. Director Hase does not see the current Permit Clerk as being anywhere close to 50%, and then to pay half the salary of the a second Permit Clerk is not valid request. Mayor Sanders encouraged this discussion to be held. In the past, discussions often occur in separate groups and not typically together. We’re not trying to do a cost accounting; we’re just asking for more improved communication between the two entities. Director Carr suggested looking at what the total cost increase is to the MUDs administration line versus looking at each individual position. B.2 Joint workshop between Trophy Club Municipal Utility District No. 1, Trophy Club Municipal Utility District No. 2, and the Town Council to receive information, have discussion and provide input regarding the FY07-08 Fire Budget. Mayor Sanders stated that the Town wants a balanced budget with no tax increase; everything else not included in budget goes on a wish list. Mayor Sanders asked what the consensus of the MUDs was to find another way to cut the budget or to raise taxes. Fire Chief Thomas is requesting a Deputy Fire Chief, who would work as his operational assistant, which would be a credentialed position, to replace his position prior to being promoted to Fire Chief at a cost of $69,000, split 49/51. Chief Thomas has been working on Emergency Management, code enforcement, coverage for overtime and absences, as well as fire code review. Finance Director Dedrick stated she needs the MUD’s help in prioritization of the requested positions. She realizes not all may be funded now; however, she does seek the MUDs guidance with prioritization. 112 Mayor Sanders agreed with Sakura Dedrick. Adding that if the position is funded, they will need to adjust the budget or possibly have to raise taxes. Director Henry stated he has reviewed staff’s request and agrees with funding the position. Directors Budarf and Thomas both agreed to fund the position. Director Hase stated he was willing to fund the position; however, he is not sure if the MUDs would be able to fund the position and fund a renovation of the fire station. Fire Chief Thomas stated that currently we are under funded on firefighter salaries in comparison to all of the surrounding cities. Proposes parity with police officers and bring firefighters up to what police officers make. The firefighters are actually getting less in retirement under the current system. There was a consensus between the Board and Council to bring the firefighters’ salaries up to what the police officers’ salaries (parity). B.2A Update regarding water supply and wastewater treatment contracts concerning the Centurion American development. (Patricia Adams) Mayor Sanders advised that the contracts were ready for distribution from the attorneys and this is not for discussion at this time. Attorney Adams provided the Board and Council with drafts of the two contracts. Attorney Adams went over the changes, advising that some of the “whereas clauses” are now incorporated into the body of contract and additional items have been addressed. Mayor Sanders advised that Council Members Wilson and Cates are the Task Force committee members to address these Contracts between the Town and the MUDs. End of Workshop Session (8:50 p.m.) B.3 Town Council to Adjourn Motion made by Edstrom; seconded by Cates to adjourn. Town Council adjourned at 8:50 p.m. _________________________________ ________________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 113 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.C.10 Discuss and provide input regarding the first draft of ballot language for the November Charter amendment Election. EXPLANATION: As discussed at the July 23, 2007 Council meeting, a first draft of ballot language has been prepared for the proposed Charter amendments as selected by Council. This draft provides a starting point for discussion. The change from a two year to a three year term has impacted other Charter provisions. As you review the backup, please keep in mind that as the final ballot language is prepared, other affected sections may be identified and additional changes could be proposed. This draft represents the work that could be done in time for the agenda deadline, and additional review will continue in preparation for a final draft at the August 20 Council meeting. An election calendar has been provided in the event that Council decides to proceed with a November 2007 election on charter amendments. RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. November Election Calendar 2. First draft of proposed Charter amendments 114 Section Date Event 7/9/2007 - 8/28/2007 Recommended period for calling the Election 201.054 7/30/2007 First Day to File an Application for a Place on the Ballot if Special Election 30th day before filing deadline 8/17/2007 Last day to submit changes to DOJ 75th day 8/22/2007 Last Day to Order Special Election to Fill a Vacancy 70th day 8/22/2007 Last Day to File for a Place on the Ballot 201.054(a)(1)8/24/2007 Last day to File for a Place on the Ballot in Special Election to fill a vacancy 67th day 416.0301 8/24/2007 Last day to withdraw as write-in 67th day 8/24/2007 Last day to file as a write-in (all candidates) 67th day 9/7/2007 First Day to Apply for Ballot by Mail 31.122 09/17/2007 - 12/14/2007 Mandatory Office Hours 4.003 10/7/2007 First day to Publish Notice of Election (Oct 7 thru 27) 13.143 10/8/2007 LAST day to submit Voter Registration Application to vote in November Election 30th day 4.003(b)10/17/2007 Last day to post notice of election on bullentin board 10/18/2007 - 10/20/2007 Recommended dates to test voting machines (publish notice 48 hrs prior) Ask Don 10/22/2007 First Day of Early Voting 84.008 10/30/2007 Last Day to Apply for a Mail Ballott 11/1/2007 12 Hour day of Early Voting Denton County 85.001 11/2/2007 Last Day of Early Voting (12 hr day) Denton County 11/6/2007 Election Day 115 116 117 118 119 120 121 122 123 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.C.11 Review and discuss first draft of the Service and Assessment Plan for emergency services to be provided to the PID. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. Draft of the Service and Assessment Plan for public services to be provided to the PID 124 THE HIGHLANDS AT TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT TOWN OF TROPHY CLUB, TEXAS SERVICE AND ASSESSMENT PLAN AUTHORIZED SERVICES 125 JULY 31, 2007 126 THE HIGHLANDS AT TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT TOWN OF TROPHY CLUB, TEXAS SERVICE AND ASSESSMENT PLAN AUTHORIZED SERVICES Table of Contents Section I Plan Description and Defined Terms 1 Section II Property Included in the PID 3 Section III Description of Authorized Services 3 Section IV Service Plan 3 Section V Assessment Plan 5 Section VI Assessment Roll 6 Section VII Miscellaneous Provisions 6 List of Exhibits Exhibit A The PID Map Exhibit B Assessment Roll 127 Section I PLAN DESCRIPTION AND DEFINED TERMS A. Introduction This Service and Assessment Plan is prepared and adopted in conformance with the PID Act and pursuant to the Assessment Ordinance (both as hereinafter defined). On April 16, 2007, the Town of Trophy Club Town Council passed and approved a resolution approving and authorizing the creation of The Highlands at Trophy Club Public Improvement District (the “PID”) to finance certain public improvements and the Authorized Services for the benefit of certain property in the PID, all of which is located within the Town. The PID Act governs the creation of public improvement districts within the State of Texas. Section 372.014 of the PID Act states that “an assessment plan must be included in the annual service plan.” The assessment plan is described in Section V of this Service and Assessment Plan. Section 372.015 of the PID Act states that “the governing body of the municipality or county shall apportion the cost of an improvement to be assessed against property in an improvement district.” The method of assessing the costs of the Authorized Improvements to the property in the PID is included in Section V of this Service and Assessment Plan. Section 372.016 of the PID Act states that “after the total cost of an improvement is determined, the governing body of the municipality or county shall prepare a proposed assessment roll. The roll must state the assessment against each parcel of land in the district, as determined by the method of assessment chosen by the municipality or county under this subchapter.” The Assessment Roll for the PID is included as Exhibit B of this Service and Assessment Plan. The Assessments as shown on the Assessment Roll are based on the method of assessment described in Section V of this Service and Assessment Plan. Capitalized terms used herein shall have the meanings ascribed to them in this section of the Service and Assessment Plan. B. Definitions The terms used herein shall have the following meanings: “Annual Collection Costs” mean the following actual or budgeted costs, as applicable, related to the annual collection costs of outstanding Assessments, including the costs or anticipated costs of: (i) computing, levying, collecting and transmitting the Assessments (whether by the Town or otherwise), (ii) the Town in any way related to the collection of the Assessments, including, without limitation, the administration of the PID, maintaining the record of the Assessments, including, without limitation, any associated legal expenses, the reasonable costs of other consultants and advisors and contingencies and reserves for such costs as deemed appropriate by the Town Council. “Annual Service Plan Update” has the meaning set forth in the first paragraph of Section IV of this Service and Assessment Plan. “Assessed Property” means, for any year, Parcels within the PID other than Non- Benefited Property. 128 “Assessment” means the assessment levied against a Parcel imposed pursuant to the Assessment Ordinance and the provisions herein, as shown on the Assessment Roll. “Assessment Ordinance” means the Assessment Ordinance approved by the Town Council to approve the imposition of the Assessments. “Assessment Rate” means the rate determined by dividing the costs of the Authorized Services for any fiscal year plus the Annual Collection Costs by the assessed value of the Assessed Property in the PID for the same fiscal year. “Assessment Roll” means the document included in this Service and Assessment Plan as Exhibit B, as updated, modified or amended from time to time in accordance with the procedures set forth herein and in the PID Act. “Authorized Services” mean those public services providing a special benefit to the Assessed Property and described in Section III herein and Section 372.003 of the PID Act. “Delinquent Collection Costs” mean interest, penalties and expenses incurred or imposed with respect to any delinquent Assessments in accordance with §372.018(b) of the PID Act and the costs related to pursuing collection of a delinquent Assessment and foreclosing the lien against the assessed property, including attorneys’ fees. “Non-Benefited Property” means Parcels within the boundaries of the PID that accrue no special benefit from the Authorized Services, including Owner Association Property, Public Property and easements that create an exclusive use for a public utility provider. “Owner Association Property” means property within the boundaries of the PID that is owned by or irrevocably offered for dedication to, whether in fee simple or through an exclusive use easement, a property owners’ association. “Parcel” means a parcel identified by either a tax map identification number assigned by the Denton County Central Appraisal District for real property tax purposes. “PID Act” means Texas Local Government Code Chapter 372, Improvement Districts in Municipalities and Counties, Subchapter A, Public Improvement Districts, as amended. “PID” has the meaning set forth in Section I.A of this Service and Assessment Plan. “Public Property” means property within the boundaries of the PID that is owned by or irrevocably offered for dedication to the federal government, the State of Texas, the Town, a school district, a public utility provider or any other public agency, whether in fee simple or through an exclusive use easement. “Service and Assessment Plan” means this Service and Assessment Plan prepared for the PID pursuant to the PID Act. “Town” means the Town of Trophy Club, Texas. “Town Council” means the duly elected governing body of the Town. Section II PROPERTY INCLUDED IN THE PID The Highlands of Trophy Club is located in the Town of Trophy Club, Texas, within Denton County, Texas. A map of the property within the PID is shown on Exhibit A to this Service and Assessment Plan. The property in the PID consists of most of the property within The Highlands of Trophy Club planned development. 129 The Highlands of Trophy Club planned development contains approximately 697 acres, of which approximately 609 acres is within the PID. Approximately 49 acres is within the planned development but outside of the proposed PID boundaries. This property is located within Trophy Club Municipal District No.1 (MUD 1) and Trophy Club Municipal District No. 2 (MUD 2). Approximately 38 acres of commercial uses is also within the planned development but not within the PID. At completion, the PID is expected to consist of approximately 1,474 residential units, two parks, entry monuments, and associated rights-of-way, landscaping, and infrastructure necessary to provide roadways, drainage and utilities to the PID. The estimated number of lots is based upon the Planned Development Ordinance and the Developer’s estimated highest and best use of the property within the PID. Section III DESCRIPTION OF THE AUTHORIZED SERVICES The services that may be provided by a PID include “special supplemental services for improvement and promotion of the district, including services relating to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and cultural enhancement.” After analyzing the Authorized Services authorized by the PID Act, the Town has determined that public safety services (the “Authorized Services) should be undertaken by the Town and will be of special benefit to Assessed Property within the PID. [Need better description of services and costs of services.] Section IV SERVICE PLAN The Act requires a service plan cover a period of at least five years. The plan shall be reviewed and updated annually for the purpose of determining the annual budget for improvements. The annual update to this Service and Assessment Plan is herein referred to as the “Annual Service Plan Update.” Table IV-A shows estimated sources and uses for the provision of the Authorized Services. Table IV-A Sources and Uses of Funds Sources of Funds: Total Assessments $100,000 Total sources of funds $ Uses of Funds: Authorized Services $100,000 130 Annual Collection Costs Total uses of funds [Need information to complete this table.] This sources and uses of funds table is subject to revision and the actual sources and uses of funds for any line item may be different than shown above. The sources and uses of funds for the Authorized Services shown in Table IV-A shall be updated each year in the Annual Service Plan Update to reflect any budget revisions and actual costs. The annual projected costs are shown by the following table (Table IV-B). Debt is not expected to be incurred for the provision of the Authorized Services. Table IV-B Annual Projected Costs Year Annual Projected Costs of Authorized Services Annual Collection Costs Total Costs 2007 $100,000 2008 2009 2010 2011 [Is it possible to provide a five-year estimate?] The annual projected costs are subject to revision and shall be updated in the Annual Service Plan Update to reflect any changes in the costs expected for each year. 131 Section V ASSESSMENT PLAN The Act requires the Town Council to apportion the cost of Authorized Services on the basis of special benefits conferred upon the property from the Authorized Services. The Act provides that the cost of Authorized Services may be assessed: (i) equally per front foot or square foot; (ii) according to the value of the property as determined by the governing body, with or without regard to improvements on the property; or (iii) in any other manner that results in imposing equal shares of the cost on property similarly benefited. The Town Council has determined to apportion the costs of the Authorized Services “according to the value of the property as determined by the governing body.” The costs of the Authorized Services will be assessed according to the certified tax roll each year, excluding only Non-Benefited Property. The costs of the Authorized Services for the 2007-2008 fiscal year are estimated to be $100,000. The Annual Collection Costs are estimated to be $____, resulting in total costs to be collected of $____. The assessed value of the Assessed Property for Table V Calculation of the Assessment Rate Costs of Authorized Services $100,000 Annual Collection Costs Total Assessments $100,000 Assessed value of Assessed Property $1,100,837 Assessment Rate 0.09084 The Assessment Rate shall be applied to each Parcel of Assessed Property to determine the Assessment to be collected for the 2007-2008 fiscal year. The first payment of the Assessments for the Authorized Services shall be due and payable on or before January 31, 2008 and shall continue to be paid each year thereafter as long as the Authorized Services are provided to the Assessed Property. The Assessments shall be paid with Annual Collection Costs, which shall be apportioned to the Assessed Property in the same manner as the Assessments. The Assessments shall be paid in the same manner and at the same time and subject to the same remedies upon the failure to pay, to the extent allowed by law, as regular ad valorem property taxes. Delinquent Assessments shall be subject to Delinquent Collection Costs. The determination by the Town Council of the assessment methodology set forth above is the result of the discretionary exercise by the Town Council of its legislative authority 132 and governmental powers and is conclusive and binding on the current and all future owners of the Assessed Property. Section VI THE ASSESSMENT ROLL The Assessment Roll is attached hereto as Exhibit B. The Assessment shown on each Parcel is equal to the assessed value of the Parcel multiplied by the Assessment Rate. The Assessment Roll shall be updated each year upon the preparation of each Annual Service Plan Update to reflect the current parcels in the PID, the assessed value for each Parcel, and the Assessment and Annual Collection Costs due for that year. Section VIII MISCELLANEOUS PROVISIONS A. Administrative Review An owner of an Assessed Parcel claiming that a calculation error has been made in the Assessment Roll shall send a written notice describing the error to the City not later than thirty (30) days after the date any amount which is alleged to be incorrect is due prior to seeking any other remedy. The City shall promptly review the notice, and if necessary, meet with the Assessed Parcel owner, consider written and oral evidence regarding the alleged error and decide whether, in fact, such a calculation error occurred. If the City determines that a calculation error has been made and the Assessment Roll should be modified or changed in favor of the Assessed Parcel owner, such change or modification shall be presented to the City Council for approval. A cash refund may not be made for any amount previously paid by the Assessed Parcel owner (except for the final year during which the Assessments shall be collected), but an adjustment may be made in the amount of the Assessment to be paid in the following year. B. Amendments The Town Council reserves the right to the extent permitted by the Act to amend this Service and Assessment Plan without notice under the Act and without notice to property owners of Parcels: (i) to correct mistakes and clerical errors; (ii) to clarify ambiguities; and (iii) to provide procedures for the collection and enforcement of Assessments, Collection Costs, and other charges imposed by the Service and Assessment Plan. C. Administration and Interpretation of Provisions The Town Council shall administer the PID, this Service and Assessment Plan, and all Annual Service Plan Updates consistent with the PID Act, and shall make all interpretations and determinations related to the application of this Service and Assessment Plan unless stated otherwise herein or in the Bond Indenture, and as long as there is a rational basis for the determination made by the Town, such determination shall be conclusive. E. Severability If any provision, section, subsection, sentence, clause or phrase of this Service and Assessment Plan, or the application of same to an Assessed Parcel or any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Service and Assessment Plan or the application to other persons or sets of circumstances shall not be affected thereby, it being the 133 intent of the City Council in adopting this Service and Assessment Plan that no part hereof, or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other part hereof, and all provisions of this Service and Assessment Plan are declared to be severable for that purpose. If any provision of this Service and Assessment Plan is determined by a court to be unenforceable, the unenforceable provision shall be deleted from this Service and Assessment Plan and the unenforceable provision shall, to the extent possible, be rewritten to be enforceable and to give effect to the intent of the City. 134 Exhibit A PID MAP 135 Exhibit B ASSESSMENT ROLL 136 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.C.12 Discuss and provide input regarding suggested revisions to the Ethics Section of the Handbook for Elected and Appointed Officials. EXPLANATION: Based on previous discussions by Council regarding the Ethics Section of the Handbook for Elected and Appointed Officials, this item is being presented to Council for input and to allow staff adequate time to revise. The first redlined version reflects the changes suggested by Council at the July 23, 2007 Town Council meeting. It has been suggested that section 19 of the handbook has some value in that it describes the Council's role with these issues. The following is suggested language to that fact. 19. Compliance and Enforcement The Town of Trophy Club Code of Ethics and Conduct expresses standards of ethical conduct expected for Town officials of the Town of Trophy Club Town Council, boards, commissions, committees and advisory groups. Town officials themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of boards, commissions and committees and the Mayor have the additional responsibility to intervene when Town officials’ actions appear to be in violation of the Code of Ethics and Conduct and are brought to their attention. The Town Council may impose sanctions, such as reprimand, formal censure or loss of appointment, on Town officials whose conduct does not comply with the Town’s ethical standards. The Town Council also may act to remove members of boards, commissions and committees from office in accordance with the procedures and subject to the limitations set forth in Section 20 if this policy. The Town Council finds and determines that the ethics and standards of conduct contained in this Handbook are necessary and appropriate in order to serve the legitimate goal of orderly governance, integrity and public confidence in government. Another position is to delete both sections 19 and 20 and therefore provide the following amendments. It has also been suggested that Town Official be redefined to better delineate the Town officials from Town volunteers, such as those that serve on Advisory Groups. 19. Ethics Standards 137 The Town of Trophy Club Code of Ethics and Conduct expresses standards of ethical conduct expected for Town officials ADD IN GREEN (and Town Volunteers) of the Town of Trophy Club Town Council, boards, commissions, committees and advisory groups. Town officials / volunteers themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of boards, commissions and committees and the Mayor have the additional responsibility to intervene when Town officials’ / volunteers' actions appear to be in violation of the Code of Ethics and Conduct and are brought to their attention. The Town Council may impose sanctions, such as reprimand, formal censure or loss of appointment, on Town officials whose conduct does not comply with the Town’s ethical standards. The Town Council also may act to remove members of boards, commissions and committees from office based on Section 2 and _____ of the Handbook. DELETE IN YELLOW in accordance with the procedures and subject to the limitations set forth in Section 20 if this policy. If the Town Council finds and determines that the ethics and standards of conduct contained in this Handbook are necessary and appropriate in order to serve the legitimate goal of orderly governance, integrity and public confidence in government. RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. Draft – Section of July 23, 2007 Minutes B.8 Discuss and receive input regarding suggested revisions to the Ethics Section of the Handbook for Elected and Appointed Officials. 2. Redlined - Ethics Section of the Handbook for Elected and Appointed Officials according to Council’s suggestions from the July 23, 2007 Town Council meeting. 138 B.8 Discuss and receive input regarding suggested revisions to the Ethics Section of the Handbook for Elected and Appointed Officials. Mayor Sanders explained the concept and approval of Resolution 2006 – 29 which established guidelines and procedures for boards, commissions and citizen advisory groups to utilize when conducting meetings and when generally performing their duties. Staff was directed to work on an Ethics Ordinance last November and the Ethics Section was included in the Handbook in December 2006. Sanders said the intent of this section was not to stop freedom of speech. Complaints were received during the last election and although they went through the cursory process, raised questions that Council needs to examine. Mayor Sanders allowed the Council members to delineate sections of the handbook they wanted staff to revise. Council member Moss believes the code of ethics is an honor system of respect among people that can be used for personal agendas and twisted for political purposes. Although he has no objections to the Ethics Code, he cautioned how it could be misconstrued by someone who is vindictive. Moss has concern about appointing an ethics review committee. Council member Cates feels #3, Conduct of Town Officials, is too vague and would like to see clearer definitions and phrases or words that are not so antagonistic. Cates spoke to #5, Conduct of Public Meetings, stating the Town Council meetings are not the place to air personal laundry. Cates is not in favor of an independent committee to review complaints. Mayor Pro Tem Edstrom referred to her comments in 2006 about this being a slippery slope, saying that the Town is now on that slope. Edstrom thinks it is difficult to policy how and what people can say and would like to focus on how the Town’s volunteer base is treated rather than at self governance. #18, Implementation should be self enforcing, #19, Compliance and Enforcement and #20, Procedure for Enforcement should be removed. Edstrom also suggested removing the signature page and any area that gives the interpretation that people cannot express themselves that removal should be based on true violations and they do not want people to be inhibited. Council member Sterling agrees there is a problem legislating ethics, as ethics come from within and feels sad that the Town has to have one. Sterling is concerned that clearer definitions remove interpretation and may become too restrictive and does not favor a separate ethics committee as there is no way to ensure that these volunteers would be any less biased. Sterling thinks the current policy is good and suggested people talk to those whom they have a complaint against. All elected and appointed officials are volunteers and all should be held to the same standards, no changes should be made that will impede the Town’s government. Council member Wilson agrees with the unfortunate need for an Ethics Section and that the Statement of Commitment should read Please Consider This a Statement of Commitment. This suggests that everyone have good behavior, if Council determines that someone is not acting in the best interest of the Town, they can be replaced, just like a Council member can be voted out of office. A citizen’s presentation will either negate or give credence to the point they are trying to make. Wilson feels the volunteers are what make the Town work. Mayor Sanders challenged the Council to reconsider removing the statement of commitment which is the agreement to uphold the Code of Ethics and Conduct and lists model behavior. The Council reconsidered with the consensus to keep the statement of commitment, suggested changing the language under #3, Conduct of Town Officials to include the bullets under the statement of commitment and to remove #19, Compliance and Enforcement and #20, Procedure for Enforcement. Dave Edstrom, 269 Oak Hill Drive – Earlier this year requested the Council remove #3 as he believes this section penalizes the volunteers. Edstrom feels the Council has had a huge negative impact on the volunteers over the last few years and requested them to move away from this type of policy. Greg Lamont, 15 Avalon Drive – Feels the citizen presentation is a coward’s presentation considering the Council is not allowed to respond. Lamont is in favor of an ethics review committee and feels the Ethics Section should stay in the Handbook. 139 Council member Moss called for a point of clarification, stating the citizen presentation should happen under A.4 not during this item; Wilson seconded the point of clarification. Mayor Sanders requested staff make the suggested revisions, bring back to Council one more time for input and then back at a subsequent meeting for approval. No action taken, input only. 140 141 142 143 144 145 146 147 148 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.C.13 Items for Future Agenda. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) List: 1. Review of the Property Maintenance Ordinance. Council member Cates 2. Discussion about storm water discharge from pools. Beth Ann Gregory 3. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. Mayor Sanders - Council member Cates 4. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing the Town's Emergency Management System. Town Manager Emmons – Fire Chief Thomas 5. Research grant possibilities regarding phase two street calming/sidewalks. Mayor Pro Tem Edstrom 6. Discuss and provide input regarding amendments to Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs. Town Council, June 18, 2007 149 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.C.14 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 Manager's Report. Attachments: 1. None 150 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-6-2007 Subject: Agenda Item No.D.1 Adjourn.