Agenda Packet TC 02/19/2007Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, February 19, 2007
6:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Work Session: Discuss and review items posted to the February 19, 2007
Agenda, including but limited to Item D. 13.
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 and indivisible."
A.5 Discuss and take appropriate action regarding a Proclamation of Fair Campaign
Practices for the May 12, 2007 Election.
A.6 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 to approve Minutes dated,
January 22 2007.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
January 29, 2006.(Public Hearing Session)
B.3 Consent Agenda: Discuss and take appropriate action relative to a request for
Plat Amendment for Eagles Ridge, Phase II, located generally to the north of
Clear Vista Drive and Panorama Circle. Applicant: Eagles Ridge Investors Joint
Venture (AP-07-015)
C.1 Public Hearings on Reinvestment Zones:
Public Hearing No. 1 to consider the designation of Reinvestment Zone No. 1
consisting of 9 contiguous parcels being 36.278 acres located generally and
described as 100 Trophy Club Dr. and 100 Indian Creek Dr., Trophy Club, Texas.
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Public Hearing No. 2 to consider the designation of Reinvestment Zone No. 2
being 2.106 acres of land located in the C. Medlin Survey, Abstract No. 823A,
Tract 1A, in the Town of Trophy Club and more generally described as 300
Trophy Club Drive.
Public Hearing No. 3 to consider the designation of Reinvestment Zone No. 3
consisting of 5 contiguous parcels being 20.165 acres located generally at the
northeast corner of Trophy Lake Drive and Trophy Club Drive in Trophy Club,
Texas and Due west of Trophy Lake Dr., Trophy Club, Texas.
Public Hearing No. 4 to consider the designation of Reinvestment Zone No. 4
consisting of 11 contiguous parcels being 16.3296 acres located generally north
of 114 and dissected by Trophy Wood Dr., Trophy Club, Texas.
D.1 EDC 4B call to order and announce a quorum.
D.2 Discuss and provide input regarding the Buxton implementation plan.
D.3 EDC 4B adjourn.
D.4 Discuss and take appropriate action to approve financials and variance report
dated January 2007.
D.5 Discuss and take appropriate action regarding the following Ordinances
designating Reinvestment Zones:
(A) An Ordinance approving the designation of Reinvestment Zone No. 1 of
the Town of Trophy Club, Texas consisting of 9 contiguous parcels being
36.278 acres located generally and described as 100 Trophy Club Dr. and
100 Indian Creek Dr., Trophy Club, Texas.
(B) An Ordinance approving the designation of Reinvestment Zone No. 2 of
the Town of Trophy Club being a 2.106 acres of land located in the C.
Medlin Survey, Abstract No. 823A, Tract 1A, in the Town of Trophy Club
and more generally described as 300 Trophy Club Drive, Trophy Club,
Texas.
(C) An Ordinance approving the designation of Reinvestment Zone No. 3 of
the Town of Trophy Club consisting of 5 contiguous parcels being 20.165
acres located generally at the northeast corner of Trophy Lake Drive and
Trophy Club Drive, Trophy Club, Texas and due west of Trophy Lake
Drive, Trophy Club, Texas.
(D) An Ordinance approving the designation of Reinvestment Zone No. 4 of
the Town of Trophy Club consisting of 11 contiguous parcels being
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16.3296 acres located generally north of 114 and dissected by Trophy
Wood Drive, Trophy Club, Texas.
D.6 Discuss and take appropriate action regarding the approval of Marshall Creek
Park Grant.
D.7 Discuss and take appropriate action to select a new name for Marshall Creek
Park. Upon selection of the name by Council, a Resolution will be submitted for
approval at a subsequent Council meeting.
D.8 Discuss and take appropriate action regarding an Ordinance amending Chapter
1 of the Code of Ordinances of the Town, entitled "Administration", Article VIII,
entitled "Schedule of Fees", regulating Parks and Recreation Use Fees.
D.9 Discuss and take appropriate action regarding an Ordinance annexing
approximately 20.929 acres situated in the Mary Medlin Survey, Abstract Number
832, Denton County, Texas. The property to be annexed is within the Town's
extraterritorial jurisdiction and is generally located along Marshall Creek Road
adjacent to the northeast boundary.
D.10 Discuss and receive input regarding an Ordinance regulating smoking at various
places within the Town of Trophy Club.
D.11 Discuss and receive input relative to potential 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.
D.12 Discuss and take appropriate action to award or reject a proposal for the
Professional Collection Services for delinquent municipal court accounts.
D.13 Update Council and receive input regarding The Highlands At Trophy Club
Development and Public Improvement District Agreement.
D.14 Discuss and take appropriate action appointing a Town Council Water and
Wastewater contracting subcommittee.
D.15 Items for Future Agenda.
D.16 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.
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:
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(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
F.1 Discuss and take appropriate action relative to Executive Session Item Number
E1.
F.2 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.A.2
Work Session: Discuss and review items posted to the February 19, 2007 Agenda,
including but limited to Item D. 13.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.A.3
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
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 and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.A.5
Discuss and take appropriate action regarding a Proclamation of Fair Campaign
Practices for the May 12, 2007 Election.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Proclamation
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION 2007-
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, TO ALL COUNCIL MEMBERS AND
CANDIDATES RUNNING FOR THE MAY 12, 2007 ELECTION,
INFORMING THEM OF TOWN COUNCIL’S INTENT AND DESIRE THAT
EVERY CANDIDATE COMPLY WITH HIS OR HER MORAL
OBLIGATION TO OBSERVE ETHICAL STANDARDS IN
CAMPAIGNING AND TO UPHOLD THOSE STANDARDS, IN ORDER
THAT, AFTER VIGOROUSLY CONTESTED BUT FAIRLY CONDUCTED
CAMPAIGNS, OUR CITIZENS MAY EXERCISE THEIR
CONSTITUTIONAL RIGHTS TO A FREE AND UNTRAMMELED
CHOICE AND THE WILL OF THE PEOPLE MAY BE FULLY AND
CLEARLY EXPRESSED ON THE ISSUES.
WHEREAS, each Council member and Council member candidate (hereinafter
“Candidate”) will conduct the campaign openly and publicly and limit attacks on his/her
opponent to legitimate challenges to his/her opponent’s record and positions on issues;
and
WHEREAS, each Candidate will not use or permit the use of character
defamation, whispering campaigns, libel, slander, or scurrilous attacks on any
Candidate or the Candidate’s personal or family life; and
WHEREAS, each Candidate will not use or permit any appeal to prejudice based
on race, sex, religion, or national origin; and
WHEREAS, each Candidate will not use campaign material of any sort that
misrepresents, distorts, or otherwise falsifies the facts, nor will he/she use malicious or
unfounded accusations that aim at creating or exploiting doubts, without justification, as
to the personal integrity or patriotism of his/her opponent; and
WHEREAS, each Candidate will not undertake or condone any dishonest or
unethical practice that tends to corrupt or undermine our system of free elections or that
hampers or prevents the full and free expression of the will of the voters, including any
activity aimed at intimidating voters or discouraging them from voting; and
WHEREAS, each Candidate will defend and uphold the right of every qualified
voter to full and equal participation in the electoral process, and will not engage in any
activity aimed at intimidating voters or discouraging them from voting; and,
WHEREAS, each Candidate will immediately and publicly repudiate methods
and tactics that may come from others that he/she has pledged not to use or condone.
He/She shall take firm action against any subordinate who violates any provision of this
Proclamation or the laws governing elections.
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NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the foregoing premises are hereby adopted by the Town
Council of the Town of Trophy Club.
Section 2. That each incumbent Council member and Council member
candidate (“Candidate”) hereby voluntarily endorses this Proclamation regarding ethical
campaigning,
Section 2. That each Candidate subscribes to uphold their ethical and moral
obligations as specified in this proclamation and to encourage non-incumbent
candidates to comply with the basic principles outlined herein,
Section 3. That each Candidate solemnly pledges to conduct the campaign in
accordance with the above principles and practices.
Passed and approved by the Town Council of the Town of Trophy Club,
Texas, this 19th day of February, 2007.
________________________________
Mayor,
Town of Trophy Club, Texas
ATTEST:
_______________________________
Town Secretary,
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.A.6
Citizen presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not permitted
to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on
specific agenda items prior to the Council addressing those items.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
January 22 2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Minutes dated, January 22 2007.
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MINUTES OF PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, January 22, 2007
7:00 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, January 22, 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
Scott Kniffen Police Chief
Kerin Fleck Planning Coordinator
Adam Adams Parks and Recreation Director
Mike Pastor IS Manager
Danny Thomas Fire Chief
Sakura Moten-Dedrick Finance Director
A.1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present.
A.2 Mayor Sanders gave the Invocation.
A.3 Mayor Pro Tem Williams led the Pledges.
A.4 Discuss and take appropriate action regarding a Proclamation recognizing Founder's Day in
Trophy Club.
Mayor Sanders read the proclamation and thanked the founders and volunteers for their endeavors
helping make Trophy Club a great place to call home.
Motion made by Edstrom, seconded by Williams to approve the Proclamation.
Motion passed unanimously without further discussion.
Mayor Sanders acknowledged Connie White, resident of 27 years and author of the article featured in the
Jerry Svore dedication, Bob Downey who first moved to Trophy Club in 1980, transferred with
IBM after a few years and then returned in 1985 and Annie Camp, resident of 24 years.
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A.5 Town Council to announce the "Citizen of the Year for 2006" and to present a certificate of
recognition to the recipient.
Mayor Sanders introduced the nominees Sheree Gardner, nominated for her contribution spearheading
the Breast Friends 3-Day walk for Brest Cancer, Barbie Kadow for her invaluable help and assistance
with the 2006 4th of July Celebration, Bernice Smith, for her volunteerism with Meals on Wheels, and Neil
Twomey, for his tireless efforts serving on various committees, boards and advisory groups.
Mayor Sanders announced Steven Kohs as this years Citizen of the Year recipient. Mr. Kohs was
nominated for his contribution to the 4th of July Celebration, volunteering on the Fall Festival, Marshall
Creek Committee, Tree Board, Parks and Recreation Board and served as the Civilian Chairman of
Trophy Clubs Explorer Post 953. Mr. Kohs additionally founded the ASA charity, belongs to the Trophy
Club Bikers and serves as the Official North Texas Ride Captain of the Patriot Guard Riders, who escorts
many soldiers killed in action to their hometowns. This club has ridden over 20,000 miles honoring our
military hero’s.
A.6 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.
Denton County Commissioner Andy Eads congratulated the Town on their volunteerism and presented a
Proclamation from the Denton County Commissioners Court.
Mayor Sanders congratulated Mr. Eads on his new term as Denton County Commissioner.
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.
Mayor Sanders removed Item B.3.
Motion made by Edstrom, seconded by Lamont to approve the Consent Agenda, Items B.1 and B.2.
Motion passed unanimously without any discussion.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, December 18,
2006.
B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 8,
2007.
B.3 Consent Agenda: Discuss and take appropriate action regarding an Interlocal Agreement
between the Town and Denton County for the rental of Election equipment for the May 12, 2007
Election.
Mayor Sanders explained the 1,000 paper ballots mentioned in the explanation, should be 2,000, as we
are required to provide a number of ballots equal to at least the percentage of voters who voted in the
most recent corresponding election plus 25%. This total is 1,380 ballots. The ballots can only be
delivered in increments of 1,000. Therefore, the Town will need to order 2,000.
Motion made by Williams, seconded by Lamont to approve with changes.
Motion passes unanimously without further discussion.
End of Consent Agenda
TOWN COUNCIL CONVENED INTO PUBLIC HEARING
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PUBLIC HEARING
C.1 Public Hearing: Hold the first public hearing to consider the involuntary annexation and service
plan for approximately 21.1346 acres in the M. Medlin Survey, A-832. The property to be
annexed is within the Town's extraterritorial jurisdiction and is generally located along Marshall
Creek Road adjacent to the northeast boundary.
Public Hearing Opened at 7:23 p.m.
Town Manager Emmons explained the requirements for annexation is two Public Hearings and the Town
is required to notify the other taxing entities this will affect. Also as required the service plan was included
and reflects any costs associated with this annexation. The second Public Hearing is scheduled for
January 29th
No one addressed council.
Public Hearing Closed at 7:24 p.m.
Mayor Sanders requested to move up Item D.6. Financials and noted no objections from the Council.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action on a request for Preliminary Plat approval for an approximate
147.509 acre tract of land generally described as R. Allen Survey, Abstract No.5; R. Allen Survey,
Abstract No. 17; J. Eads Survey, Abstract No. 392; J Henry Survey, Abstract No. 529; W Medlin
Survey, Abstract No. 829, and J. Michael Survey, Abstract No. 820, known as The Highlands at
Trophy Club, Neighborhoods 3 & 4. Applicant: Carter & Burgess, Inc., authorized agent of K.
Hovnanian Companies and Standard Pacific Homes. (PP-06-012)
David Vanderslice from K. Hovananian Companies, Bill Conger from Standard Pacific Homes and Brian
Carlock from Hillwood introduced themselves to Council.
Motion made by Edstrom, seconded by Cates to approve.
Brian Carlock complimented the staff for their professionalism and diligence in representing the Town
over the last eight weeks. Carlock added that Hillwood is committed to quality development in all of North
Texas and is proud to be a part of the continued growth. The Highlands at Trophy Club was a large plan
that broke into smaller neighborhoods, Hillwood is branding Neighborhoods 3 & 4 as Turnberry and
provided the history on this name. Carlock presented a residential overview, their commitment to quality
and details and their familiarity in developing around golf course communities.
Bill Conger said as a 50% owner of this beautiful property he is pleased to be a part of development in
such a dynamic community with Trophy Club being their largest capital commitments in the metroplex.
Conger gave a brief presentation on the history of Standard Pacific Homes.
David Vanderslice from K. Hovananian Companies, also known as Goodman Homes, is the sixth largest
builder in the country. Vanderslice added K. Hovananian Companies strives to take care of their
customer and produce a quality product. Vanderslice presented photos of homes that would be built in
Trophy Club and presented entry and landscape concept plans.
Council member Edstrom asked that the presentation, along with details and timeframes be added to the
Town’s website. The builders will provide a site plan.
Mayor Sanders thanked the representatives for their presentation.
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Planning and Zoning Chairman, Gene Hill reported on January 4, 2007, the Planning and Zoning
Commission received a presentation on the proposed Preliminary Plat, similar to the one presented
tonight. Following the applicant’s satisfactory response to staff’s comments and minor items, the
Commission noted with favor, the proposed increase in the size of some lots and a minor reduction in the
total number of lots in Neighborhoods 3 & 4. By unanimous vote of 7:0, the Commission recommends
the Town Council approve the proposed Preliminary Plat for Neighborhoods 3 & 4.
Mayor Pro Tem Williams asked if some of the Ordinances are being reviewed to allow development to
begin in March. Chairman Hill responded staff and engineers are looking into how it can be incorporated
without having to go through the whole process of the Developer’s Agreement prior to dirt removal.
Town Manager Emmons advised staff has looked at other cities that authorize early grading permits,
primarily the city of Dallas and Fort Worth. Staff’s recommendation to change the process would require
engineer approval in order to ensure that we get the product that we deserve.
Applicant, Jim Wingret from Carter and Burgess and Town Engineer, Tom Rutledge from Teague, Nall
and Perkins were also in attendance for questions.
Council member Edstrom highlighted the number of lots is down and lot sizes are up and hopes the
residents are more comfortable with the process and procedure.
Council member Lamont is truly pleased that Hillwood is involved and believes the original plan submitted
was far less than the Town deserves. Lamont is thankful the golf course designed by Hogan is being
respected as it is a major asset of the Town and that the values of the homes are higher.
Council member Cates believes Lamont’s statement was unfair and inaccurate as it does not reflect the
time invested by this Council ensuring that the Town had a great product as originally submitted and the
plans for what will be built are very similar to what was presented in the first go around.
Mayor Sanders called Council’s attention back to the action of the motion.
Motion passed unanimously without further discussion.
D.2 Discuss and take appropriate action on a request for Preliminary Plat approval for an approximate
19.231 acre tract of land legally described as J. Henry Survey, Abstract No. 529, known as The
Highlands at Trophy Club, Neighborhood 9. Applicant: Carter & Burgess, Inc., authorized agent
of 831 Trophy L.P. (PP-06-014)
Motion made by Edstrom, seconded by Williams to approve.
Planning and Zoning Chairman, Gene Hill reported proposed Preliminary Plat came before the
Commission on January 4, 2007. Staff’s comment for the submission indicated compliance with the
checklist of comments received by the applicant’s engineering representative. By unanimous vote, the
Commission recommends the Council’s approval for the proposed Preliminary Plat for Neighborhood 9.
Council member Cates asked if the ditch was addressed. Chairman Hill said this ditch does not run
through it.
Mayor Sanders referenced exhibit DEX and asked if the flowage ditch that is north of this property will
flow onto Trophy Club Drive. Jim Wingert from Carter and Burgess explained between Lots 11 and 10
and the inlet on the junction box between Lots 6 and 7 are the low points. There are inlets between Lots
1 and 2 and between 5 and 6, the arrow below Lillyfield Drive is going the wrong way, the water will not
dump onto Trophy Club Drive but will go to the existing ditch. Wingret estimated worst-case scenario for
water to drop in the open area is 46.9 cfs / 25-year period; the ditch will handle more than 900 cfs. Mayor
Sanders clarified his concern is for the drainage to be adequately addressed, therefore not creating any
drainage issues.
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Council member Cates is very concerned about drainage ditches and asked if they have researched the
effect of water dumping into the ditches. Town Engineer, Tom Rutledge responded this is not addressed
at the preliminary stage but will have the opportunity to address the details at the final plat stage. During
the final plat state the calculations to support the size of the storm drain and discharge velocity will be
reviewed in order to determine what will work best.
Town Manager Emmons advised staff met today with Jim Wingret to identify options for underground
drainage between the swim facility and the new park area. Staff’s suggestions and recommendations will
be brought back to Council at a later time.
Motion passed unanimously without further discussion.
D.3 Discuss and provide input relative to an amendment to Chapter 1 of the Code of Ordinances of
the Town, entitled "Administration", Article VIII, entitled "Schedule of Fees", regulating Parks and
Recreation Use Fees.
Mayor Sanders spoke about the discussions that took place during the budget process regarding the
costs associated with running the Parks; explaining that the largest expense items are labor, electricity
and water. Mayor Sanders also stated that the maintenance issues concerning the pool over the last
several years have been expensive. Marshall Creek Park’s operational cost had also been previously
discussed as a budget that needed to be addressed. Per the Mayor’s direction, Town Manager Emmons
was instructed to have staff take several proposed fee changes to the Parks and Recreation Board for
review, and present the recommendations of the Board to the Council. Sanders added this item was
posted for input only.
Sam Hightower, 14 Crestwood – Spoke against sports association user fees, requesting the Council
focus on the economic development in the front of the Town and the field development in order to allow 3-
day tournaments which will generate revenue for hotel lodging and restaurants.
Mayor Sanders reminded the citizens of Town Council and EDC’s recent approval of the $400,000
improvements to Harmony Park for shading and restroom facilities.
Town Manager Emmons explained that Parks and Recreation Director, Adam Adams and Recreation
Supervisor, Mindy Herring surveyed user fees in surrounding cities. Emmons hoped Council would
consider and determine at what level the Town would operate the facilities and if it is acceptable to
expend 100% of funds on the operations without any additional revenue being established. The
operational costs of the swimming pool have been off set by the EDC’s the last few years, with this year
being the last one for such operations. Emmons said one of the issues with the facilities is that they need
to be improved, and that the Town spends the money budgeted on the status quo without raising
revenues either through taxation or user fees. The Council will need to decide where the money will be
cut from the existing budget. Emmons asked the Council to look seriously at the priorities and what areas
need to be funded.
Parks and Recreation Director, Adam Adams explained the different types of fees enclosed in the packet.
The fees on page 67 are the current fees. Adams said that staff was recommending sessions at one-
hour increments. Beck Park was reserved at least two dozen times last year with the Sports Association
being immune from reservation fees.
Mayor Pro Tem Williams asked if an out-of-Town team is charged to play in a tournament in the Town,
and if the Sports Association pays an entry fee. Adams responded there is not a tournament fee charged
when the teams play under the Sports Association umbrella.
Wade Mullis, President of the Trophy Club/Roanoke Baseball Association explained various people run
the tournaments and the teams pay an entry fee to the Association hosting the tournament. The fees
profited by these tournaments are minimal and are reinvested back into the fields for screening, green
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screen mesh, field maintenance, batting cages and stations. Mullis added they would be investing $4,000
worth of improvements at Independence Park this season.
Council member Edstrom commented the Sports Associations pay for trophies, the umpires and chalk.
The concession stand has not been fixed yet and it is not likely that insurance will cover the cost to repair.
Council member Lamont thinks the non-resident fees for Beck Park should be higher.
Mayor Pro Tem confirmed the State does not have a problem with the Town charging fees to non-
residents at the State Parks.
Council member Edstrom supports the Parks and Recreation Board recommendation for the fees at Beck
Park.
Council member Cates also supports the Parks and Recreation Board recommendation and feels the
non-resident fees should be raised $5.00.
Mayor Sanders moved to the fees under Independence Park
Council member Sterling is concerned that we are very loose with the keys to the lights. Mayor Sanders
confirmed there is no deposit required for reserving the parks. Adams advised that they would be
approaching the EDCs with a package called Sky Lighting to program the lights.
Council member Lamont questioned if the Sky Lighting is budgeted. Council member Cates questioned
the cost of the proposal of the programming package to control the lights.
Mayor Sanders refocused the discussion back to fees.
Mayor Pro Tem Williams suggested an agreement with the Sports Association where would be charged a
fee if they left the lights on.
Council member Edstrom redirected the discussion to the fee issue.
Mayor Sanders summarized the Council’s consensus to raise the non-resident fees and directed
discussion to Marshall Creek.
Adams explained that currently fees are charged for both the entry vehicle and the vehicle being towed.
Staff recommended the fees only be charged to the vehicle based on the activity of the user.
Although hard to project, Adams does not foresee a decline in usage as questioned by Council member
Sterling.
Council member Cates stated a group in Farmers Branch that uses Marshall Creek Park for ATV
purposes felt the recommended fees were appropriate.
Council member Lamont questioned enforcement of the lockbox. Adams said they were trying to be fair
to the user groups and enforcement would be harder to address. Adams said the revenue during the
week rarely exceeds the cost of manning the gate. The user will now have a sticker to place on their car
with the other half of the sticker being deposited with the money into the lockbox. The park will be
manned on Saturday and Sunday, as they are the heaviest usage days. Adams continued they are trying
to decrease the police involvement now that the Parks and Recreation Department is fully staffed. The
Department’s staff can patrol the park and call the police if necessary.
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Council member Cates questioned if the Parks and Recreation Board considered fees for horse back
riding. Adams responded the fees are based on motorized vehicles and therefore no fee would be
charged for the horse or the trailer. Adams added the COE has already designated Walnut Grove Trail
and would probably receive negative feedback by charging a fee.
Council members Edstrom, Cates and Sterling agreed with the Park Board recommendation. Mayor Pro
Tem Williams is in favor of raising the vehicle fee by $5.00 and Council member Lamont feels there
should be a fee of $5.00 to walk or run in the Park.
Adams said Trophy Club residents comprised the highest percentage of people that completed the
survey.
In respect to Pool fees, Council member Edstrom said the Town previously told residents that they could
own and operate the pool less expensively than the CIA, and that although the EDC involvement is
decreasing, Edstrom disagrees and is opposed to charging or taxing families for using the swimming
pool. Just as the Sports Associations do not want the Town to tax the kids for playing ball the Town
should not tax the kids for using the swimming pool. The Swim Team pays the fees for their coach and
the swim meet brings revenue to the Town. She would oppose anything other than a non-resident fee.
Mayor Sanders clarified the recommendation is only for fees to resident, non-resident for after hours use.
Mayor Pro Tem Williams stated that the Town should charge pool fees as other communities do. Over 1
million dollars is budgeted to the Parks and Recreation Department budget and that budget does not
include any other departments that support the parks and the costs will only increase.
Mayor Sanders asked Council to keep their remarks on the fees provided on the proposed schedule.
Council members Lamont and Sterling stated that the fees are reasonable. Sterling asked that staff
rephrase *All pool rental fees are based on a minimum of 2 hours, to a per hour rate at a minimum of two
hours.
Council member Edstrom agrees with fees recommended for resident/non-resident.
Mayor Sanders asked the Council to provide direction regarding fee structure to the staff.
Council member Cates confirmed this would be revisited with the addition of a new pool provided by the
new development. As a long-time resident, Cates said she first paid CIA dues annually for upkeep of the
pool and was not charged any additional user fees. Cates was against user fees for the pool and for the
Sports Association as the kids need an outlet and the fees are taken care of through taxes.
Council member Sterling commented the user fees in question are not significant fees and the residents
are incurring an expense to belong to the Sports Associations in order to play ball. The cost of chemicals
increases with the increase of people using the pool. Sterling supported a modest entrance fee.
Council member Lamont said the difference between the pool and the Sports Associations was that in the
case of the pool the Town employed paid staff. Out of 23 cities surveyed 17 charge fees. Lamont
recommended kids under 6 be admitted free, residents be charged $3.00 and non-residents $5.00.
Mayor Pro Tem Williams was in favor of fees, stating that the kids pay a fee to join the Sports Association
to pay for the umpires and the upkeep of those facilities. Williams suggested a season pass of $50.00
and feels the kids will still go swimming as they do in other cities.
Council member Edstrom commented the Swim Team pays for the organized portion for the use of the
pool just as the Sports Associations pay for use of the fields. Edstrom suggested Park improvements in
the way of bonds.
21
Kathleen Wilson, 34 Meadowbrook Lane – Spoke against resident user fees at the pool and commented
the impression that Roanoke charges residents fee at the pool are erroneous. Wilson said when the CIA
dissolved, residents were told in good faith the money would go towards supporting the pool and
requested Council look at non-resident fees.
Adams confirmed Roanoke’s website show resident fees and has no way of knowing if these fees are
enforced.
Mayor Sanders responded it would be inappropriate for a Council to take action that would bind another
Council in such a manner as to say that fees would never be charged.
Adams advised the Parks and Recreation Board is against charging the Sports Association a fee.
Mayor Sanders instructed Town Manager Emmons to bring back user fees for the pool after staff has the
opportunity to confirm with Roanoke what fees they are enforcing.
The Council agrees that the Sports Associations should not be charged. Williams asked Adams to work
with the Association regarding the lighting situation.
Adams explained the Swim Team is being absorbed by the Town and will operate differently.
Steve List, 101 Lakeside Drive – Thanked the Council for the debate and spoke against user fees List
believes the Council is misinformed, as community pools are free and requested the Council not tax the
kids for use of parks and pools but focus more of their efforts on economic development.
Annie Camp, 42 Cimarron Drive - Spoke against user fees asking the Council to keep in mind the type of
pool other cities have compared to the Towns.
Chris Perryman, 121 Trophy Club Drive - Spoke against user fees urging the Council to consider the
volunteers should they impose user fees on the Sports Association. Perryman does not feel Trophy Club
can compete with the other city pools if they charge a fee.
Mayor Sanders commented a PID might have paid for some of the other community pools.
David Jahn, 1 Gentry Court - Spoke against user fees regardless of the activity, as they are the largest
unifying organization in the community. Jahn requested Council charge for the services in Marshall
Creek as it is one of five parks in the area.
Mark Venator, 23 Creekside Drive - Spoke against user fees, as they are a determent to the community.
Terry Flickinger, 24 Hillcrest – Spoke against user fees requesting the Council focus on revenue rather
user fees.
Council member Sterling responded the Town is actively pursuing business and considering paying
$60,000 for a psychographics study. Mayor Sanders stopped Sterling advising the discussion is not on
economic incentives.
Pauline Twomey, 203 Oakmont Drive – Spoke against user fees suggesting we keep our kids busy with
activities that attract families to buy into Trophy Club.
Town Manager Emmons stated that he would like to address this issue and move forward in the budget
preparation, suggesting it would be better to consider implementation of pool user fees next year after the
EDCs are no longer funding the operation of the pool and when the Parks and Recreation equipment line
will be larger due to the maintenance of the pool. Emmons equated the lifeguards to the umpires and
referees that the Sports Association pays for; stating the operation of the pool comes directly out of the
22
budget in the amount of approximately $180,000 excluding capital expenses. Emmons appreciates the
Councils input and would like to bring it back during the budget process.
Mayor Pro Tem Williams commented over the next 2-3 years the Town will be adding 3,000 plus
residents and will need another pool; however a bond will result in a tax increase. Williams questioned
what is more important, spending more on Parks and Recreation and less on street improvements.
Mayor Sanders clarified Council’s direction to bring back an Ordinance with the suggestions provided for
the Parks fees, exclusive of the swimming pool, which will be considered in the next budget session.
Emmons responded this year’s fees are budgeted for operations; staff can bring back a proposal to
become effective next fiscal year.
Council member Edstrom commented Marshall Creek and non-resident fees need to be brought back
now. Emmons stated staff will bring back all fees.
Mayor Sanders confirmed all fees will be brought back to the Council, with some fees being considered
for the next fiscal year. Sanders thanked the residents for their input.
D.4 Discuss and take appropriate action regarding the calling of a potential Charter Amendment
Election in May 2007 and Charter amendments to be submitted to the voters.
Town Manager Emmons advised if Council approved a Charter Election the ballot language would need
to be ready by the February 5th meeting when the Council calls the election. Town Manager Emmons,
Town Attorney, Patricia Adams, Mayor Pro Tem Williams and Council member Lamont met and
discussed suggested amendments provided by some members of Council and residents. The list
includes some of the points but is not all inclusive. Emmons asked Council if they wanted to move
forward on a Charter Amendment election in May and for guidance with the ballot language.
Council member Cates thinks this is rushed and does not feel that there has been a lot of citizen input.
Cates is concerned as the original issue of a non-binding referendum which sparked the creation of this
committee is not on the list. Cates views this as political flavor that is not the democratic process. This
has the appearance of moving in more of a political direction rather than addressing the issues that need
to be address. Cates is in favor of holding the election in November so that it can be done right.
Mayor Pro Tem Williams disagrees with moving it to November, as the May election will have a larger
voter turnout. Williams is concerned with the item suggesting the Mayor be allowed to vote as it could
result in a lot of tie votes and feels the Council needs to understand districts before they create them.
Council member Edstrom is opposed to holding the election in May and does not feel there has been
enough input between staff or council regarding these items. The items listed are more than
housekeeping and require significant resident debate considering it is changing how the form of the
Town’s government.
Council member Lamont explained the creation of districts was a citizen’s suggestion as various other
items listed. Under the three-year term a vacancy could be filled by an election rather than waiting the
rest of the year to fill.
Council member Sterling feels the public debate is at the election when they vote on the issue.
Mayor Pro Tem Williams said information requesting recommendations were posted on the website and
in the listserve for several months and yet they only received three recommendations from citizens.
Mayor Sanders had hoped there would be time to have a public forum and debate. The decision tonight
is whether to include on the next agenda when the election is called. Sanders asked council to
use their wisdom and address some of the issues on the list that could be easily drafted and
23
debated in May, assuming the Council wanted to move forward, every item would be voted on.
Town Attorney, Patricia Adams cautioned the change could possibly affect another area.
Council member Cates voiced concern as the list was just provided to them and they have not had
enough time to review or consider public debate.
Mayor Pro Tem Williams commented the Council received the first list in December and the public debate
is in the election.
Council member Lamont clarified that a Charter Amendment election can only occur once every two
years and would prefer to do it all at once, rather than only making minor changes.
Council member Sterling agrees with Williams that most items are cut and dry and easy to word and is in
favor of proceeding.
Neil Twomey, 203 Oakmont Drive – Spoke against a Charter Election in May and would like to see pros
and cons on all items as well as more public input.
Mayor Sanders questioned the workload of Town Manager Emmons and Town Attorney Adams over the
next two weeks. Town Manager Emmons replied Town Attorney Adams is working diligently on
the PID and continually meeting with several others.
Mayor Pro Tem Williams believes the PID is more important than a referendum.
Mayor Sanders summarized the Council’s consensus not to take action at the next meeting. Sanders
requested staff put together a timeline for the Election in November.
D.5 Items for Future Agenda.
Council member Edstrom would like phase two of the striping of the sidewalk on the radar in order to take
advantage of the bond process, which was missed in this years grant process for sidewalks. Town
Manager Emmons commented the TXDOT programs for this were suspended for this year and the staff
will put it on their radar.
Council member Cates said since the PID is the most important numbers 1 and 2 could be dealt at a later
date.
Mayor Sanders asked Town Manager Emmons to look at the dates listed and reassign if necessary.
1. Discuss and receive input relative to an Ordinance amending Article IV, "Sign Regulations", Chapter
5 of the Code of Ordinances, entitled "General Land Use", by amending Sections 4.05. (relative to
political signs and quantity per commercial lot.) (2/5)
2. Discuss and take appropriate action relative to an Ordinance amending Chapter 8 of the Code of
Ordinances of the Town, entitled "Nuisances", to address standing or stagnant water. (2/5)
3. Ordinance to designate The Town of Trophy Club a "Smoke Free" Town. (2/5)
4. Discuss and take appropriate action regarding an Investment Banking Agreement with Banc of
America Securities to provide underwriting and related banking services for the Public Improvement
District Bonds related to the Highlands at Trophy Club.
5. Discuss and take appropriate action regarding the PID Agreement.
6. Ordinance to remove uninsured vehicles from the streets of Trophy Club by impounding the vehicle
until the vehicle is properly insured and inspected. (2/19)
7. Ordinance to impound any vehicle that is being driven on the streets of Trophy Club when the driver
does not have a current or valid Drivers License. (2/19)
8. Discuss and take appropriate action relative to an Ordinance amending Chapter 8 of the Code of
Ordinances of the Town, entitled "Nuisances", Article III, entitled "Weeds", amending Section 3.01,
entitled "Unlawful to Permit Weeds, Grass or any other Plant to Grow Higher than Twelve Inches."
9. Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws.
24
10. Review of the Property Maintenance Ordinance.
11. Discuss and take appropriate action regarding an Ordinance amending Chapter 14 entitled "Design
Standards", Figures 1-7, 1-8 and 1-9 of Section 1 entitled "Roadway Design" of the Code of
Ordinances of the Town.
12. Discussion about storm water discharge from pools.
13. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration
of improvements for an area to create a linear park.
14. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance
establishing the Town's Emergency Management System.
D.6 Discuss and take appropriate action to approve the financials and variance report dated
December 2006.
Motion made by Williams, seconded by Edstrom to approve with changes.
Mayor Pro Tem Williams questioned why the sales tax was lower than projected. Finance Director,
Sakura Moten-Dedrick explained certain numbers increase with quarterly payers. Dedrick added this is
currently running at 7% more than last year and does not see a problem with meeting the $425,000
budgeted.
Mayor Pro Tem Williams commented on the billing issues and low EMS runs. Both Dedrick and Fire
Chief Thomas explained the old billing company owes the Town money and payment is expected next
month.
Williams asked about the gas well revenue. Town Manager Emmons said as a result of the unionization,
they paid more than they should have in the previous year so the Town is ahead of scheduled.
Williams clarified the longevity pay is expensed annually in December.
Motion passed unanimously without further discussion.
D.7 Reports. There will be no action taken regarding any individual project posted under this item
and discussion will be limited. If extensive discussion is required, the item may be placed on a
future agenda.
(a) Town Council report from EDC 4B Liaison, Council member Sterling.
(b) Town Manager's Report.
E.1 Adjourn.
Motion made by Edstrom, seconded by Williams to adjourn.
Meeting adjourned at 10:35 p.m.
___________________________________ _____________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
25
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
January 29, 2006.(Public Hearing Session)
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1.Minutes Dated January 29, 2006
26
MINUTES OF SPECIAL SESSION/PUBLIC HEARING TOWN
COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, January 29, 2007
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Special Session/Public Hearing on
Monday, January 29, 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
A.1 Mayor Sanders called the Special Session to order at 7:09 p.m. noting a quorum was present.
A.2 Mayor Sanders gave the Invocation.
A.3 Mayor Pro Tem Williams led the Pledges.
TOWN COUNCIL CONVENED INTO PUBLIC HEARING
PUBLIC HEARING
Public Hearing Opened at 7:11 p.m.
B.1 Public Hearing: Hold the first public hearing to consider the involuntary annexation and service
plan for approximately 21.1346 acres in the M. Medlin Survey, A-832. The property to be
annexed is within the Town's extraterritorial jurisdiction and is generally located along Marshall
Creek Road adjacent to the northeast boundary.
Town Manager Emmons explained although this is actually the second Public Hearing, it is posted as the
first in order to satisfy the statute notification requirements to each public entity; the schools, county and
MUDs. Emmons feels the staff has covered all bases by having one more public hearing than was
needed.
Mayor Sanders confirmed the notices went out certified but not return receipt.
Town Attorney, Patricia Adams confirmed staff did everything over and above what was required by law.
No one addressed council.
27
B.2 Public Hearing: Hold the second public hearing to consider the involuntary annexation and
service plan for approximately 21.1346 acres in the M. Medlin Survey, A-832. The property to be
annexed is within the Town's extraterritorial jurisdiction and is generally located along Marshall
Creek Road adjacent to the northeast boundary.
No one addressed council.
C.1 Adjourn.
Motion made by Edstrom, seconded by Lamont to adjourn.
Meeting adjourned at 7:15 p.m.
_____________________________________ ____________________________________
Lisa Ramsey, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
28
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.B.3
Consent Agenda: Discuss and take appropriate action relative to a request for Plat
Amendment for Eagles Ridge, Phase II, located generally to the north of Clear Vista
Drive and Panorama Circle. Applicant: Eagles Ridge Investors Joint Venture (AP-
07-015)
EXPLANATION:
This plat amendment contains standard revisions to the Final Plat for Eagles Ridge, Phase II.
TXU had to locate some of their lines in areas where there were not easements. Several of the
changes create easements for those lines, while Note No. 8 corrects distance measurements for 6
lots. The Planning and Zoning Commission unanimously approved the Plat Amendment at their
1 February 2007 meeting.
(kcf)
29
30
31
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.C.1
Public Hearings on Reinvestment Zones:
Public Hearing No. 1 to consider the designation of Reinvestment Zone No. 1
consisting of 9 contiguous parcels being 36.278 acres located generally and described
as 100 Trophy Club Dr. and 100 Indian Creek Dr., Trophy Club, Texas.
Public Hearing No. 2 to consider the designation of Reinvestment Zone No. 2 being
2.106 acres of land located in the C. Medlin Survey, Abstract No. 823A, Tract 1A, in
the Town of Trophy Club and more generally described as 300 Trophy Club Drive.
Public Hearing No. 3 to consider the designation of Reinvestment Zone No. 3
consisting of 5 contiguous parcels being 20.165 acres located generally at the
northeast corner of Trophy Lake Drive and Trophy Club Drive in Trophy Club,
Texas and Due west of Trophy Lake Dr., Trophy Club, Texas.
Public Hearing No. 4 to consider the designation of Reinvestment Zone No. 4
consisting of 11 contiguous parcels being 16.3296 acres located generally north of
114 and dissected by Trophy Wood Dr., Trophy Club, Texas.
32
REINVESTMENT ZONE 1
The proposed Reinvestment Zone 1 is comprised of 9 contiguous parcels
described as follows:
1. Generally described as The Village at Trophy Club, Lot 1, being 3.79 acres in the C.
Medlin Survey, Abstract No. 823, in the Town of Trophy Club, Denton County, Texas
and further described as 2001 – 2003 SH 114, Trophy Club, Texas.
2. Generally described as The Village at Trophy Club, Lot 2, being 1.8 acres in the C.
Medlin Survey, Abstract No. 832, in the Town of Trophy Club, Denton County, Texas
and further described as 2101 SH 114, Trophy Club, Texas.
3. Generally described as The Village at Trophy Club, Lot 3, being 1.601 acres in the C.
Medlin Survey, Abstract No. 832, in the Town of Trophy Club, Denton County, Texas
and further described as 93 Trophy Club Dr., Trophy Club, Texas.
4. Generally described as The Village at Trophy Club, Lot 4, being 1.0 acres in the C.
Medlin Survey, Abstract No. 832, in the Town of Trophy Club, Denton County, Texas
and further described as 95 Trophy Club Dr., Trophy Club, Texas.
5. Generally described as The Village at Trophy Club, Lot 5, being 1.75 acres in the C.
Medlin Survey, Abstract No. 832, in the Town of Trophy Club, Denton County, Texas
and further described as 99 Trophy Club Dr., Trophy Club, Texas.
6. Generally described as being 3.4096 acres in the C. Medlin Survey, Abstract No. 823A,
Tract 19, Old DCAD Tr #3B, in the Town of Trophy Club, Denton County, Texas and
further described as being located generally at the southeast corner of SH 114 and
Trophy Club Dr. in Trophy Club, Texas.
7. Generally described as being 13.055 acres in the C. Medlin Survey, Abstract No. 823A,
Tract 22, Old DCAD Tr #4B, in the Town of Trophy Club, Denton County, Texas and
further described as being located generally north of SH 114 and southeast of Trophy
Club Dr. in Trophy Club, Texas.
8. Generally described as being 5.612 acres in the C. Medlin Survey, Abstract No. 823A,
Tract 21A, in the Town of Trophy Club, Denton County, Texas and further described as
being located generally north of SH 114 and southeast of Trophy Club Dr. in Trophy
Club, Texas.
9. Generally described as being 4.2614 acres in the C. Medlin Survey, Abstract No. 823A,
Tract 21, in the Town of Trophy Club, Denton County, Texas, and further described as
100 Trophy Club Dr. and 100 Indian Creek Dr., Trophy Club, Texas.
33
*Boundaries of zone are highlighted in yellow
Property ID Legal Description Acres
R185199 THE VILLAGE AT TROPHY CLUB, LOT 1
R185200 THE VILLAGE AT TROPHY CLUB, LOT 2
R185201 THE VILLAGE AT TROPHY CLUB, LOT 3
R185202 THE VILLAGE AT TROPHY CLUB, LOT 4
R185203 THE VILLAGE AT TROPHY CLUB, LOT 5 9.947
R68347 A0823A C. MEDLIN, TRACT 19, ACRES 3.4096, OLD DCAD TR #3B 3.4096
R151108 A0823A C. MEDLIN, TRACT 22, ACRES 13.055, OLD DCAD TR #4B 13.055
R171494 A0823A C. MEDLIN, TRACT 21A, ACRES 5.6120 5.612
R171495 A0823A C. MEDLIN, TRACT 21, ACRES 4.2614 4.2614
34
REINVESTMENT ZONE 2
The proposed Reinvestment Zone 2 is generally described as 300 Trophy Club
Drive, Trophy Club, Texas, and is described as:
1. Described as being 2.106 acres of land located in the C. Medlin Survey, Abstract No.
823A, Tract 1A, as recorded in Volume Deed Records of Denton County, in the Town of
Trophy Club, Texas, and more generally described as 300 Trophy Club Drive, Trophy
Club, Texas.
*Boundaries of zone are highlighted in yellow
Property ID Legal Description Acres
R171493 A0823A C. MEDLIN, TRACT 1A, ACRES 2.106 2.106
35
REINVESTMENT ZONE 3
The proposed Reinvestment Zone 3 is comprised of 5 contiguous parcels
described as follows:
1. Generally described as Trophy Club Plaza, Block A, Lot 2, being 1.85 acres situated in
the J. Eads Survey, Abstract No. 392, and the J. Sutton Survey, Abstract No. 1154, in
the Town of Trophy Club, Denton County, Texas and further described as 541 Trophy
Lake Dr, Trophy Club, Texas.
2. Generally described as Trophy Club Plaza, Block A, Lot 3, being 1.16 acres situated in
the J. Eads Survey, Abstract No. 392, and the J. Sutton Survey, Abstract No. 1154, in
the Town of Trophy Club, Denton County, Texas and further described as 353 Trophy
Lake Dr, Trophy Club, Texas.
3. Generally described as Trophy Club Plaza, Block A, Lot 1, being 10.95 acres situated in
the J. Eads Survey, Abstract No. 392, and the J. Sutton Survey, Abstract No. 1154, in
the Town of Trophy Club, Denton County, Texas and further described as 101, 301 and
501 Trophy Lake Dr, Trophy Club, Texas.
4. Generally described as being 2.705 acres in the J. Sutton Survey, Abstract No. 1154A,
Tract 6, Old DCAD Tr #1A(2), in the Town of Trophy Club, Denton County, Texas, and
further described as being located generally northeast of the intersection of Trophy Club
Dr. and Trophy Lake Dr. in Trophy Club, Texas.
5. Generally described as being 3.50 acres in the Jessie Eads Survey, Abstract No. 392A,
Tract 21, Old DCAD Tr #2E, in the Town of Trophy Club, Denton County, Texas, and
further described as being located generally at the northeast corner of Trophy Club Lake
Dr and Trophy Club Dr. in Trophy Club, Texas.
36
*Boundaries of zone are highlighted in yellow
Property ID Legal Description Acres
R216467 TROPHY CLUB PLAZA, BLOCK A, LOT 2
R21468 TROPHY CLUB PLAZA, BLOCK A, LOT 3
R216466 TROPHY CLUB PLAZA, BLOCK A, LOT 1 13.96
R133129 A1154A J. SUTTON, TRACT 6, ACRES 2.705, OLD DCAD TR #1A(2) 2.705
R133149 A0392A JESSIE EADS, TRACT 21, ACRES 3.50, OLD DCAD TR 2E 3.5
37
REINVESTMENT ZONE 4
The proposed Reinvestment Zone 4 is comprised of 11 contiguous parcels
described as follows:
1. Generally described as Trophy Club Medical Plaza, Block 1, Lot 1, being 7.9384 acres
situated in the John Henry Survey, Abstract No. 528 and the W.H. Pea Survey, Abstract
No.1045, in the Town of Trophy Club, Denton County, Texas, and further described as
2800 and 2850 SH 114, Trophy Club, Texas.
2. Generally described as being 8.3912 acres in the J. Henry Survey, Abstract No. 528A,
Old DCAD Tr 3B, in the Town of Trophy Club, Denton County, Texas, and further
described as being located generally to the north of SH 114 and to the west of Trophy
Wood Dr., Trophy Club, Texas.
3. Generally described as Trophy Wood Business Center, Block A, Lot 2, being 1.05 acres
situated in the J. Henry Survey, Abstract No. 528 (Denton County) and Abstract No. 742
(Tarrant County) and the W. Medlin Survey, Abstract No. 1588 (Denton Co.) and
Abstract No. 1958 (Tarrant Co.), in the Town of Trophy Club, Denton and Tarrant
County, Texas and further described as being located generally to the north of SH 114
and to the west of Trophy Wood Dr., Trophy Club, Texas.
4. Generally described as Trophy Wood Business Center, Block A, Lot 1, being 0.88 acres
situated in the J. Henry Survey, Abstract No. 528 (Denton County) and Abstract No. 742
(Tarrant County) and the W. Medlin Survey, Abstract No. 1588 (Denton Co.) and
Abstract No. 1958 (Tarrant Co.), in the Town of Trophy Club, Denton and Tarrant
County, Texas and further described as being located generally being located at the
northwest corner of SH 114 and Trophy Wood Dr., Trophy Club, Texas.
5. Generally described as Trophy Wood Business Center, Block A, Lot 3, being 2.61 acres
situated in the J. Henry Survey, Abstract No. 528 (Denton County) and Abstract No. 742
(Tarrant County) and the W. Medlin Survey, Abstract No. 1588 (Denton Co.) and
Abstract No. 1958 (Tarrant Co.), in the Town of Trophy Club, Denton and Tarrant
County, Texas and further described as being located generally to the north of SH 114
and to the west of Trophy Wood Dr. in Trophy Club, Texas.
6. Generally described as Trophy Wood Business Center, Block B, Lot 2 (Denton Co.
portion), being 1.75 acres situated in the J. Henry Survey, Abstract No. 528 (Denton Co.)
and Abstract No. 742 (Tarrant County) and the W. Medlin Survey, Abstract No. 1588
(Denton Co.) and Abstract No. 1958 (Tarrant Co.), in the Town of Trophy Club, Denton
and Tarrant County, Texas and further described as being generally located at the
northeast corner of Trophy Wood Dr. and SH 114 in Trophy Club, Texas.
7. Generally described as Trophy Wood Business Center, Block B, Lot 2 (MUD 1 portion),
being 1.08 acres situated in the J. Henry Survey, Abstract No. 528 (Denton Co.) and
Abstract No. 742 (Tarrant County) and the W. Medlin Survey, Abstract No. 1588 (Denton
Co.) and Abstract No. 1958 (Tarrant Co.), in the Town of Trophy Club, Denton and
38
Tarrant County, Texas and further described as being generally located at the southwest
corner of SH 114 and Plaza Dr. in Trophy Club, Texas.
8. Generally described as Trophy Wood Business Center, Block B, Lot 1 (MUD 1 portion),
being 1.219 acres situated in the J. Henry Survey, Abstract No. 528 (Denton County)
and Abstract No. 742 (Tarrant County) and the W. Medlin Survey, Abstract No. 1588
(Denton Co.) and Abstract No. 1958 (Tarrant Co.), in the Town of Trophy Club, Denton
and Tarrant County, Texas and further described as being generally located to the north
of SH 114 and east of Trophy Branch in Trophy Club, Texas.
9. Generally described as Trophy Wood Business Center, Block B, Lot 1 (Denton Co.
portion), being 0.9 acres situated in the J. Henry Survey, Abstract No. 528 (Denton
County) and Abstract No. 742 (Tarrant County) and the W. Medlin Survey, Abstract No.
1588 (Denton Co.) and Abstract No. 1958 (Tarrant Co.), in the Town of Trophy Club,
Denton and Tarrant County, Texas and further described as being generally located at
the southeast corner of Plaza Dr. and Trophy Branch, and to the north of SH114 in
Trophy Club, Texas.
10. Generally described as Trophy Wood Business Center, Block B, Lot 3, being 3.38 acres
situated in the J. Henry Survey, Abstract No. 528 (Denton County) and Abstract No. 742
(Tarrant County) and the W. Medlin Survey, Abstract No. 1588 (Denton Co.) and
Abstract No. 1958 (Tarrant Co.), in the Town of Trophy Club, Denton and Tarrant
County, Texas and further described as being generally located to the west of T.W. King
Dr., east of Trophy Wood Dr. and north of Plaza Dr., Trophy Club, Texas.
11. Generally described as Trophy Wood Business Center, Block B, Lot 4, being 5.819
acres situated in the J. Henry Survey, Abstract No. 528 (Denton County) and Abstract
No. 742 (Tarrant County) and the W. Medlin Survey, Abstract No. 1588 (Denton Co.)
and Abstract No. 1958 (Tarrant Co.), in the Town of Trophy Club, Denton and Tarrant
County, Texas and further described as being generally located to the west of T.W. King
Dr., east of Trophy Wood Dr. and north of Plaza Dr., Trophy Club, Texas.
*Boundaries of zone are highlighted in yellow
Property ID Legal Description Acres
R272967 TROPHY CLUB MEDICAL PLAZA, BLOCK 1, LOT 1 (IMP ONLY)
R109926 TROPHY CLUB MEDICAL PLAZA, BLOCK 1, LOT 1, ACRES 7.9384 7.9384
R98627 A0528A J. HENRY, TRACT 13, ACRES 8.3912, OLD DCAD TR 3B 8.3912
R263258 TROPHY WOOD BUSINESS CENTER, BLOCK A, LOT 2
R263257 TROPHY WOOD BUSINESS CENTER, BLOCK A, LOT 1
R263259 TROPHY WOOD BUSINESS CENTER, BLOCK A, LOT 3
R263255
TROPHY WOOD BUSINESS CENTER, BLOCK B, LOT 2(DENTON CO
PORTION)
R263256 TROPHY WOOD BUSINESS CENTER, BLOCK B, Lot 2, (MUD #1)
R263254 TROPHY WOOD BUSINESS CENTER, BLOCK B, Lot 1, ( MUD #1)
R263253
TROPHY WOOD BUSINESS CENTER, BLOCK B, LOT 1(DENTON CO
PORTION)
R263260 TROPHY WOOD BUSINESS CENTER, BLOCK B, LOT 3
R263261 TROPHY WOOD BUSINESS CENTER, BLOCK B, LOT 4 22.417
39
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.D.1
EDC 4B call to order and announce a quorum.
40
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.D.2
Discuss and provide input regarding the Buxton implementation plan.
EXPLANATION:
Town staff and EDC4B have been working on an implementation plan not only for the
Buxton study, but the Town’s economic development initiatives as a whole. The plan is
a work in progress, but is being presented to council for feedback. It should be noted
the plan includes a mission, objectives and tasks that are not specific to EDC4B, but
instead to the Town as a whole and will be supported by staff as well as EDC4B
members.
Based on the nature of such an undertaking it was determined that having staff
involvement would be critical, and you will see that staff will have responsibility for many
of the day to day tasks. In order to make staff time available for economic development
initiatives, there will need to be some reassignment of duties that the Town Manager will
address.
In addition to an Economic Development Plan, EDC4B is also proposing that their
budget be amended to reallocate funds from their large project line to fund a larger
portion of administrative salaries, additional training, advertising and other economic
development related expenses to support the implementation of economic development
initiatives. EDC4B Public hearings will need to be held with regard to these changes.
41
Town of Trophy Club
Economic Development
100 Municipal Drive
Trophy Club, Texas 76262
Phone: 682.831.4606
E-mail: economicdevelopment@trophyclub.org
Website: www.trophyclub.org
Come grow with us! Come gro
Mission
The mission of the Trophy Club Economic Development Department is to achieve and
maintain a robust business climate in Trophy Club by actively pursuing all avenues of growth
for new and existing businesses in our community, with the goal of providing enhanced tax
revenue and greater access to desirable goods and services for the citizens.
Objectives
♦ Identify and provide desirable services and businesses for residents of the Town.
♦ Develop and implement programs to retain and support existing businesses.
♦ Develop and implement programs to attract desired businesses.
♦ Develop and implement programs marketing the Town.
♦ Develop and maintain accurate data and resources necessary to attract and support
businesses and for utilization by Town departments.
♦ Encourage, develop and nurture an environment receptive to appropriate business
development.
♦ Increase staff expertise in order to capitalize on all available opportunities.
Challenges
♦ Retail competition in surrounding communities
♦ Perception in the development community that Trophy Club does not want development
♦ Limited nighttime population
♦ Limited commercial property
♦ Limited market knowledge
Potential Tools
♦ Chamber of Commerce
♦ Texas Economic Development Council, Greater Dallas Area Chamber, Northwest
Metroport Chamber, Northeast Leadership Foundation Economic Development
Coalition, International Council of Shopping Centers and other communities.
♦ Abatements – property & sales tax
♦ Website
♦ Advertisement in development publications
♦ Assistance with infrastructure
♦ Tax Increment Financing (TIF)
Overall Economic Development Tasks
♦ Develop the ED website to provide detailed information about undeveloped commercial
property and retail space available, including zoning, contact and other relevant
information for those sites. (Shelly & Beth Ann)
42
♦ Develop and conduct an online survey to determine, and publish online, the type of
commercial development the citizen’s support. (EDC4B Sub-committee, Beth Ann &
Mike)
♦ Direct interaction with existing and potential business community. (Beth Ann\EDC4B)
♦ Work with the Chamber to actively market the September Economic Development
Summit to retail developers and participate with a booth and marketing materials. (Beth
Ann)
♦ Seek the support of other taxing entities in abatements. (EDC4B/Council)
♦ Remove barriers to entry for development and act as an advocate for prospective
businesses. (Council/P&Z).
√ Streamline rules and regulations to reduce a business’ time to market.
√ Identify and work to revise ordinances and procedures that impede development in
order to make Trophy Club more attractive to business.
♦ Provide monthly reports to EDC4B and quarterly reports to the Town Council on the
progress. (Beth Ann)
♦ Develop internal expertise and relationships in local commercial development.
9 Annually maintain membership with the International Council of Shopping Centers
(ICSC) - $100 annually. (Beth Ann)
9 Annually actively pursue leads at the ICSC Texas Conference in San Antonio, TX
Oct 10-12, 2007. (Beth Ann/EDC4B)
9 Attend TEDC Training – April in Austin. (Beth Ann)
9 Develop a network and database of ED contacts – other communities, developers
and prospective businesses. (Beth Ann\Brandon\EDC4B)
♦ Become active in local ED groups. – NELF, Greater Dallas Chamber. (Beth Ann)
♦ Determine and develop incentive plans – will we offer help with infrastructure, would we
consider a TIF and would we offer sales tax rebates? Need to make those decisions
prior to entering into negotiations. (Council/Brandon/EDC4B)
Buxton Specific Tasks
♦ Perform traffic counts to provide along with marketing materials such as logos and
images to Buxton. (Beth Ann)
♦ Once the Buxton study is complete, carefully study the match report and recommend
targeting specific retailers. (Brandon\Mayor)
♦ Once the data has been comprised and the marketing materials put together, the Buxton
group will make an initial contact. Follow up contact must be made both in writing and
by phone with follow up at specified intervals. (Beth Ann\EDC4B)
♦ Add the completed Buxton study the ED website. (Shelly)
♦ Disseminate written information to Chamber of Commerce. (Beth Ann)
♦ Disseminate written information to businesses. (Beth Ann)
♦ Discuss the information in the community and to local community groups. (All)
♦ Direct interaction with potential business community. (Beth Ann\EDC4B)
♦ Use the completed study to determine the type of development that will be successful
and develop a plan to best market to those retailers. That may include recruiting
developers to purchase existing tracts of land, working with the current land owners or
even consider the town purchasing with a TIF to develop. (Brandon/Beth Ann/EDC4B)
43
Buxton Project Timeline*
*Hard copies will be provided at the Council Meeting for easier review.
44
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.D.3
EDC 4B adjourn.
45
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.D.4
Discuss and take appropriate action to approve financials and variance report dated
January 2007.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
46
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.D.5
Discuss and take appropriate action regarding the following Ordinances designating
Reinvestment Zones:
(A) An Ordinance approving the designation of Reinvestment Zone No. 1 of the
Town of Trophy Club, Texas consisting of 9 contiguous parcels being 36.278 acres
located generally and described as 100 Trophy Club Dr. and 100 Indian Creek Dr.,
Trophy Club, Texas.
(B) An Ordinance approving the designation of Reinvestment Zone No. 2 of the
Town of Trophy Club being a 2.106 acres of land located in the C. Medlin Survey,
Abstract No. 823A, Tract 1A, in the Town of Trophy Club and more generally
described as 300 Trophy Club Drive, Trophy Club, Texas.
(C) An Ordinance approving the designation of Reinvestment Zone No. 3 of the
Town of Trophy Club consisting of 5 contiguous parcels being 20.165 acres located
generally at the northeast corner of Trophy Lake Drive and Trophy Club Drive,
Trophy Club, Texas and due west of Trophy Lake Drive, Trophy Club, Texas.
(D) An Ordinance approving the designation of Reinvestment Zone No. 4 of the
Town of Trophy Club consisting of 11 contiguous parcels being 16.3296 acres
located generally north of 114 and dissected by Trophy Wood Drive, Trophy Club,
Texas.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(be)
Attachments: 1. Information Memorandum
2. Ordinance
3. Maps
47
ITEM D.5. (A)
TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2007-
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS DESIGNATING A
CERTAIN AREA WITHIN THE TOWN OF TROPHY CLUB
AS REINVESTMENT ZONE NO. 1; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING
FINDINGS AND DETERMINATIONS RELATIVE TO THE
BOUNDARIES AND CRITERIA FOR ESTABLISHMENT
OF ZONE NO. 1; ESTABLISHING AND DESIGNATING
THE AREA AS REINVESTMENT ZONE NO. 1 OF THE
TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR AN
EFFECTIVE DATE AND EXPIRATION DATE FOR ZONE
NO. 1; ESTABLISHING ELIGIBILITY FOR ABATEMENT;
PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) desires
to promote the development of a certain contiguous geographic area within its jurisdiction by the
creation of a reinvestment zone eligible for tax abatement, as authorized by the Texas Tax Code,
Chapter 312 (referred to as the “Property Redevelopment and Tax Abatement Act” or the “Act”);
and,
WHEREAS, a public hearing before the Town Council was held at 7:00 p.m. on the 19th
day of February, 2007, such date being at least seven (7) days after the date of publication of the
notice of such public hearing; and,
WHEREAS, the Town held such public hearing after giving written notice of the hearing
to all taxing units overlapping the territory inside the proposed reinvestment zone; and,
WHEREAS, the Town at such hearing invited any interested person or his representative
to appear for or against the creation of the Reinvestment Zone No. 1 the boundaries of the
proposed reinvestment zone, whether all or part of the territory described in the notice calling
such public hearing should be included in such proposed reinvestment zone, and the concept of
tax abatement within the proposed zone; and,
WHEREAS, both the proponents and the opponents of the reinvestment zone were
afforded an opportunity to offer evidence, both oral and documentary, in favor of or opposed to
any and all matters relating to the creation of the reinvestment zone at a regularly scheduled open
public meeting of the Trophy Club Town Council.
48
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein and made
a part hereof for all purposes.
SECTION 2.
FINDINGS AND DETERMINATIONS
The Town, after conducting the above-mentioned hearing and having heard such evidence and
testimony, has made the following findings and determinations based on the testimony presented
to it:
A. That a public hearing on the adoption of the reinvestment zone has been properly
called, held and conducted and that notices of such hearing have been published
and given as required by law; and,
B. That the boundaries of Reinvestment Zone No. 1 shall be the area as described in
the description attached hereto and incorporated herein as Exhibit “A” and shall
be eligible for commercial-industrial tax abatement; and,
C. That creation of the reinvestment zone for a tax abatement with boundaries as
described in Exhibit “A” will result in benefits to the Town and to the land
included in the zone after the expiration of a tax abatement agreement entered into
under Chapter 312 of the Act, and the improvements sought are feasible and
practical; and,
D. That the reinvestment zone as defined in Exhibit “A” meets the criteria for the
creation of a reinvestment zone as set forth in Section 312.202 of the Act in that it
is “reasonably likely as a result of the designation to contribute to the retention or
expansion of primary employment or to attract major investment in the zone that
would be a benefit to the property and that would contribute to the economic
development of the Town”; and,
E. That the reinvestment zone as defined in Exhibit “A” is consistent with the Town
of Trophy Club, Texas Policy Statement for Tax Abatement.
The foregoing findings having been approved by the Town Council at its regularly scheduled
open meeting shall be noted in the minutes for that meeting as required by the Town of Trophy
Club, Texas Policy Statement for Tax Abatement.
SECTION 3.
ZONE ESTABLISHED AND DESIGNATED AS REINVESTMENT ZONE NO. 1
Pursuant to Section 312.201 of the Act, the Town hereby creates a reinvestment zone for a tax
abatement encompassing only the area described by in Exhibit “A” and such reinvestment zone
49
is hereby designated and shall hereafter be designated as Reinvestment Zone No. 1 of the Town
of Trophy Club, Texas.
SECTION 4.
EFFECTIVE DATE AND EXPIRATION DATE FOR ZONE NO. 1
The Reinvestment Zone No. 1 shall take effect on February 26, 2007, and shall remain
designated as a reinvestment zone until expiration on February 26, 2012; provided, however, the
Town my exercise its authority under Section 312.203 of the Act regarding renewal for periods
not to exceed five (5) years.
SECTION 5.
ELIGIBILITY FOR ABATEMENT
A project located within Reinvestment Zone No. 1 may be eligible for tax abatement. Creation of
this Reinvestment Zone shall not be construed as consent for or entitlement to any type of
abatement. In order to be eligible for a tax abatement, a project within the Reinvestment Zone
No. 1 created by this Ordinance must meet the General Purpose and Objectives and other criteria
specified in Town of Trophy Club, Texas Policy Statement for Tax Abatement as determined by
the Town Council after proper notice and consideration at an open regularly scheduled meeting
of the Town Council. Additionally, any written tax abatement agreements authorized in
Reinvestment Zone No. 1 shall meet the criteria specified in the Town of Trophy Club, Texas
Policy Statement for Tax Abatement.
SECTION 6.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the
designation of Reinvestment Zones and/or Reinvestment Zone No. 1 and shall not repeal any of
the provisions of such Ordinances except as specifically provided herein and in those instances
where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance;
whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances
of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect.
SECTION 7.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
the Ordinance, and the Town Council hereby declares it would have passed such remaining of
the Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
50
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town
Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the
Town and by amending the Code of Ordinances to reflect the changes adopted herein by
Council.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with law, and it
is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the
19th day of February, 2007.
_______________________________
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
51
EXHIBIT A
BOUNDARY DESCRIPTION
Reinvestment Zone No. 1
Reinvestment Zone No. 1 is comprised of 9 contiguous parcels described as follows:
1. Generally described as The Village at Trophy Club, Lot 1, being 3.79 acres in the C.
Medlin Survey, Abstract No. 823, in the Town of Trophy Club, Denton County, Texas
and further described as 2001 – 2003 SH 114, Trophy Club, Texas.
2. Generally described as The Village at Trophy Club, Lot 2, being 1.8 acres in the C.
Medlin Survey, Abstract No. 832, in the Town of Trophy Club, Denton County, Texas
and further described as 2101 SH 114, Trophy Club, Texas.
3. Generally described as The Village at Trophy Club, Lot 3, being 1.601 acres in the C.
Medlin Survey, Abstract No. 832, in the Town of Trophy Club, Denton County, Texas
and further described as 93 Trophy Club Dr., Trophy Club, Texas.
4. Generally described as The Village at Trophy Club, Lot 4, being 1.0 acres in the C.
Medlin Survey, Abstract No. 832, in the Town of Trophy Club, Denton County, Texas
and further described as 95 Trophy Club Dr., Trophy Club, Texas.
5. Generally described as The Village at Trophy Club, Lot 5, being 1.75 acres in the C.
Medlin Survey, Abstract No. 832, in the Town of Trophy Club, Denton County, Texas
and further described as 99 Trophy Club Dr., Trophy Club, Texas.
6. Generally described as being 3.4096 acres in the C. Medlin Survey, Abstract No. 823A,
Tract 19, Old DCAD Tr #3B, in the Town of Trophy Club, Denton County, Texas and
further described as being located generally at the southeast corner of SH 114 and
Trophy Club Dr. in Trophy Club, Texas.
7. Generally described as being 13.055 acres in the C. Medlin Survey, Abstract No. 823A,
Tract 22, Old DCAD Tr #4B, in the Town of Trophy Club, Denton County, Texas and
further described as being located generally north of SH 114 and southeast of Trophy
Club Dr. in Trophy Club, Texas.
8. Generally described as being 5.612 acres in the C. Medlin Survey, Abstract No. 823A,
Tract 21A, in the Town of Trophy Club, Denton County, Texas and further described as
being located generally north of SH 114 and southeast of Trophy Club Dr. in Trophy
Club, Texas.
9. Generally described as being 4.2614 acres in the C. Medlin Survey, Abstract No. 823A,
Tract 21, in the Town of Trophy Club, Denton County, Texas, and further described as
100 Trophy Club Dr. and 100 Indian Creek Dr., Trophy Club, Texas.
52
ITEM D.5. (B)
TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2007-
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS DESIGNATING A
CERTAIN AREA WITHIN THE TOWN OF TROPHY CLUB
AS REINVESTMENT ZONE NO. 2; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING
FINDINGS AND DETERMINATIONS RELATIVE TO THE
BOUNDARIES AND CRITERIA FOR ESTABLISHMENT
OF ZONE NO. 2; ESTABLISHING AND DESIGNATING
THE AREA AS REINVESTMENT ZONE NO. 2 OF THE
TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR AN
EFFECTIVE DATE AND EXPIRATION DATE FOR ZONE
NO. 2; ESTABLISHING ELIGIBILITY FOR ABATEMENT;
PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) desires
to promote the development of a certain contiguous geographic area within its jurisdiction by the
creation of a reinvestment zone eligible for tax abatement, as authorized by the Texas Tax Code,
Chapter 312 (referred to as the “Property Redevelopment and Tax Abatement Act” or the “Act”);
and,
WHEREAS, a public hearing before the Town Council was held at 7:00 p.m. on the 19th
day of February, 2007, such date being at least seven (7) days after the date of publication of the
notice of such public hearing; and,
WHEREAS, the Town held such public hearing after giving written notice of the hearing
to all taxing units overlapping the territory inside the proposed reinvestment zone; and,
WHEREAS, the Town at such hearing invited any interested person or his representative
to appear for or against the creation of the Reinvestment Zone No. 2, the boundaries of the
proposed reinvestment zone, whether all or part of the territory described in the notice calling
such public hearing should be included in such proposed reinvestment zone, and the concept of
tax abatement within the proposed zone; and,
WHEREAS, both the proponents and the opponents of the reinvestment zone were
afforded an opportunity to offer evidence, both oral and documentary, in favor of or opposed to
any and all matters relating to the creation of the reinvestment zone at a regularly scheduled open
public meeting of the Trophy Club Town Council.
53
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein and made
a part hereof for all purposes.
SECTION 2.
FINDINGS AND DETERMINATIONS
The Town, after conducting the above-mentioned hearing and having heard such evidence and
testimony, has made the following findings and determinations based on the testimony presented
to it:
A. That a public hearing on the adoption of the reinvestment zone has been properly
called, held and conducted and that notices of such hearing have been published
and given as required by law; and,
B. That the boundaries of Reinvestment Zone No. 2 shall be the area as described in
the description attached hereto and incorporated herein as Exhibit “A” and shall
be eligible for commercial-industrial tax abatement; and,
C. That creation of the reinvestment zone for a tax abatement with boundaries as
described in Exhibit “A” will result in benefits to the Town and to the land
included in the zone after the expiration of a tax abatement agreement entered into
under Chapter 312 of the Act, and the improvements sought are feasible and
practical; and,
D. That the reinvestment zone as defined in Exhibit “A” meets the criteria for the
creation of a reinvestment zone as set forth in Section 312.202 of the Act in that it
is “reasonably likely as a result of the designation to contribute to the retention or
expansion of primary employment or to attract major investment in the zone that
would be a benefit to the property and that would contribute to the economic
development of the Town”; and,
E. That the reinvestment zone as defined in Exhibit “A” is consistent with the Town
of Trophy Club, Texas Policy Statement for Tax Abatement.
The foregoing findings having been approved by the Town Council at its regularly scheduled
open meeting shall be noted in the minutes for that meeting as required by the Town of Trophy
Club, Texas Policy Statement for Tax Abatement.
SECTION 3.
ZONE ESTABLISHED AND DESIGNATED AS REINVESTMENT ZONE NO. 2
Pursuant to Section 312.201 of the Act, the Town hereby creates a reinvestment zone for a tax
abatement encompassing only the area described by in Exhibit “A” and such reinvestment zone
54
is hereby designated and shall hereafter be designated as Reinvestment Zone No. 2 of the Town
of Trophy Club, Texas.
SECTION 4.
EFFECTIVE DATE AND EXPIRATION DATE FOR ZONE NO. 2
The Reinvestment Zone No. 2 shall take effect on February 26, 2007, and shall remain
designated as a reinvestment zone until expiration on February 26, 2012; provided, however, the
Town my exercise its authority under Section 312.203 of the Act regarding renewal for periods
not to exceed five (5) years.
SECTION 5.
ELIGIBILITY FOR ABATEMENT
A project located within Reinvestment Zone No. 2 may be eligible for tax abatement. Creation
of this Reinvestment Zone shall not be construed as consent for or entitlement to any type of
abatement. In order to be eligible for a tax abatement, a project within the Reinvestment Zone
No. 2 created by this Ordinance must meet the General Purpose and Objectives and other criteria
specified in Town of Trophy Club, Texas Policy Statement for Tax Abatement as determined by
the Town Council after proper notice and consideration at an open regularly scheduled meeting
of the Town Council. Additionally, any written tax abatement agreements authorized in
Reinvestment Zone No. 2 shall meet the criteria specified in the Town of Trophy Club, Texas
Policy Statement for Tax Abatement.
SECTION 6.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the
designation of Reinvestment Zones and/or Reinvestment Zone No. 2 and shall not repeal any of
the provisions of such Ordinances except as specifically provided herein and in those instances
where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance;
whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances
of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect.
SECTION 7.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
the Ordinance, and the Town Council hereby declares it would have passed such remaining of
the Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
55
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town
Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the
Town and by amending the Code of Ordinances to reflect the changes adopted herein by
Council.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with law, and it
is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the
19th day of February, 2007.
_______________________________
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
56
EXHIBIT A
BOUNDARY DESCRIPTION
Reinvestment Zone No. 2
Reinvestment Zone No. 2 is described as being 2.106 acres of land located in
the C. Medlin Survey, Abstract No. 823A, Tract 1A, as recorded in Volume Deed
Records of Denton County, in the Town of Trophy Club, Texas, and more generally
described as 300 Trophy Club Drive, Trophy Club, Texas.
57
ITEM D.5. (C)
TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2007-
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS DESIGNATING A
CERTAIN AREA WITHIN THE TOWN OF TROPHY CLUB
AS REINVESTMENT ZONE NO. 3; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING
FINDINGS AND DETERMINATIONS RELATIVE TO THE
BOUNDARIES AND CRITERIA FOR ESTABLISHMENT
OF ZONE NO. 3; ESTABLISHING AND DESIGNATING
THE AREA AS REINVESTMENT ZONE NO. 3 OF THE
TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR AN
EFFECTIVE DATE AND EXPIRATION DATE FOR ZONE
NO. 3; ESTABLISHING ELIGIBILITY FOR ABATEMENT;
PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) desires
to promote the development of a certain contiguous geographic area within its jurisdiction by the
creation of a reinvestment zone eligible for tax abatement, as authorized by the Texas Tax Code,
Chapter 312 (referred to as the “Property Redevelopment and Tax Abatement Act” or the “Act”);
and,
WHEREAS, a public hearing before the Town Council was held at 7:00 p.m. on the 19th
day of February, 2007, such date being at least seven (7) days after the date of publication of the
notice of such public hearing; and,
WHEREAS, the Town held such public hearing after giving written notice of the hearing
to all taxing units overlapping the territory inside the proposed reinvestment zone; and,
WHEREAS, the Town at such hearing invited any interested person or his representative
to appear for or against the creation of the Reinvestment Zone No. 3, the boundaries of the
proposed reinvestment zone, whether all or part of the territory described in the notice calling
such public hearing should be included in such proposed reinvestment zone, and the concept of
tax abatement within the proposed zone; and,
WHEREAS, both the proponents and the opponents of the reinvestment zone were
afforded an opportunity to offer evidence, both oral and documentary, in favor of or opposed to
any and all matters relating to the creation of the reinvestment zone at a regularly scheduled open
public meeting of the Trophy Club Town Council.
58
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein and made
a part hereof for all purposes.
SECTION 2.
FINDINGS AND DETERMINATIONS
The Town, after conducting the above-mentioned hearing and having heard such evidence and
testimony, has made the following findings and determinations based on the testimony presented
to it:
A. That a public hearing on the adoption of the reinvestment zone has been properly
called, held and conducted and that notices of such hearing have been published
and given as required by law; and,
B. That the boundaries of Reinvestment Zone No. 3 shall be the area as described in
the description attached hereto and incorporated herein as Exhibit “A” and shall
be eligible for commercial-industrial tax abatement; and,
C. That creation of the reinvestment zone for a tax abatement with boundaries as
described in Exhibit “A” will result in benefits to the Town and to the land
included in the zone after the expiration of a tax abatement agreement entered into
under Chapter 312 of the Act, and the improvements sought are feasible and
practical; and,
D. That the reinvestment zone as defined in Exhibit “A” meets the criteria for the
creation of a reinvestment zone as set forth in Section 312.202 of the Act in that it
is “reasonably likely as a result of the designation to contribute to the retention or
expansion of primary employment or to attract major investment in the zone that
would be a benefit to the property and that would contribute to the economic
development of the Town”; and,
E. That the reinvestment zone as defined in Exhibit “A” is consistent with the Town
of Trophy Club, Texas Policy Statement for Tax Abatement.
The foregoing findings having been approved by the Town Council at its regularly scheduled
open meeting shall be noted in the minutes for that meeting as required by the Town of Trophy
Club, Texas Policy Statement for Tax Abatement.
SECTION 3.
ZONE ESTABLISHED AND DESIGNATED AS REINVESTMENT ZONE NO. 3
Pursuant to Section 312.201 of the Act, the Town hereby creates a reinvestment zone for a tax
abatement encompassing only the area described by in Exhibit “A” and such reinvestment zone
is hereby designated and shall hereafter be designated as Reinvestment Zone No. 3 of the Town
of Trophy Club, Texas.
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SECTION 4.
EFFECTIVE DATE AND EXPIRATION DATE FOR ZONE NO. 3
The Reinvestment Zone No. 3 shall take effect on February 26, 2007, and shall remain
designated as a reinvestment zone until expiration on February 26, 2012; provided, however, the
Town my exercise its authority under Section 312.203 of the Act regarding renewal for periods
not to exceed five (5) years.
SECTION 5.
ELIGIBILITY FOR ABATEMENT
A project located within Reinvestment Zone No. 3 may be eligible for tax abatement. Creation
of this Reinvestment Zone shall not be construed as consent for or entitlement to any type of
abatement. In order to be eligible for a tax abatement, a project within the Reinvestment Zone
No. 3 created by this Ordinance must meet the General Purpose and Objectives and other criteria
specified in Town of Trophy Club, Texas Policy Statement for Tax Abatement as determined by
the Town Council after proper notice and consideration at an open regularly scheduled meeting
of the Town Council. Additionally, any written tax abatement agreements authorized in
Reinvestment Zone No. 3 shall meet the criteria specified in the Town of Trophy Club, Texas
Policy Statement for Tax Abatement.
SECTION 6.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the
designation of Reinvestment Zones and/or Reinvestment Zone No. 3 and shall not repeal any of
the provisions of such Ordinances except as specifically provided herein and in those instances
where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance;
whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances
of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect.
SECTION 7.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
the Ordinance, and the Town Council hereby declares it would have passed such remaining of
the Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town
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Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the
Town and by amending the Code of Ordinances to reflect the changes adopted herein by
Council.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with law, and it
is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the
19th day of February, 2007.
_______________________________
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
61
EXHIBIT A
BOUNDARY DESCRIPTION
Reinvestment Zone No. 3
Reinvestment Zone No. 3 is comprised of 5 contiguous parcels described as
follows:
1. Generally described as Trophy Club Plaza, Block A, Lot 2, being 1.85 acres situated in
the J. Eads Survey, Abstract No. 392, and the J. Sutton Survey, Abstract No. 1154, in
the Town of Trophy Club, Denton County, Texas and further described as 541 Trophy
Lake Dr, Trophy Club, Texas.
2. Generally described as Trophy Club Plaza, Block A, Lot 3, being 1.16 acres situated in
the J. Eads Survey, Abstract No. 392, and the J. Sutton Survey, Abstract No. 1154, in
the Town of Trophy Club, Denton County, Texas and further described as 353 Trophy
Lake Dr, Trophy Club, Texas.
3. Generally described as Trophy Club Plaza, Block A, Lot 1, being 10.95 acres situated in
the J. Eads Survey, Abstract No. 392, and the J. Sutton Survey, Abstract No. 1154, in
the Town of Trophy Club, Denton County, Texas and further described as 101, 301 and
501 Trophy Lake Dr, Trophy Club, Texas.
4. Generally described as being 2.705 acres in the J. Sutton Survey, Abstract No. 1154A,
Tract 6, Old DCAD Tr #1A(2), in the Town of Trophy Club, Denton County, Texas, and
further described as being located generally northeast of the intersection of Trophy Club
Dr. and Trophy Lake Dr. in Trophy Club, Texas.
5. Generally described as being 3.50 acres in the Jessie Eads Survey, Abstract No. 392A,
Tract 21, Old DCAD Tr #2E, in the Town of Trophy Club, Denton County, Texas, and
further described as being located generally at the northeast corner of Trophy Club Lake
Dr and Trophy Club Dr. in Trophy Club, Texas.
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ITEM D.5. (D)
TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2007-
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS DESIGNATING A
CERTAIN AREA WITHIN THE TOWN OF TROPHY CLUB
AS REINVESTMENT ZONE NO. 4; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING
FINDINGS AND DETERMINATIONS RELATIVE TO THE
BOUNDARIES AND CRITERIA FOR ESTABLISHMENT
OF ZONE NO. 4; ESTABLISHING AND DESIGNATING
THE AREA AS REINVESTMENT ZONE NO. 4 OF THE
TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR AN
EFFECTIVE DATE AND EXPIRATION DATE FOR ZONE
NO. 4; ESTABLISHING ELIGIBILITY FOR ABATEMENT;
PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) desires
to promote the development of a certain contiguous geographic area within its jurisdiction by the
creation of a reinvestment zone eligible for tax abatement, as authorized by the Texas Tax Code,
Chapter 312 (referred to as the “Property Redevelopment and Tax Abatement Act” or the “Act”);
and,
WHEREAS, a public hearing before the Town Council was held at 7:00 p.m. on the 19th
day of February, 2007, such date being at least seven (7) days after the date of publication of the
notice of such public hearing; and,
WHEREAS, the Town held such public hearing after giving written notice of the hearing
to all taxing units overlapping the territory inside the proposed reinvestment zone; and,
WHEREAS, the Town at such hearing invited any interested person or his representative
to appear for or against the creation of the Reinvestment Zone No. 4, the boundaries of the
proposed reinvestment zone, whether all or part of the territory described in the notice calling
such public hearing should be included in such proposed reinvestment zone, and the concept of
tax abatement within the proposed zone; and,
WHEREAS, both the proponents and the opponents of the reinvestment zone were
afforded an opportunity to offer evidence, both oral and documentary, in favor of or opposed to
any and all matters relating to the creation of the reinvestment zone at a regularly scheduled open
public meeting of the Trophy Club Town Council.
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein and made
a part hereof for all purposes.
SECTION 2.
FINDINGS AND DETERMINATIONS
The Town, after conducting the above-mentioned hearing and having heard such evidence and
testimony, has made the following findings and determinations based on the testimony presented
to it:
A. That a public hearing on the adoption of the reinvestment zone has been properly
called, held and conducted and that notices of such hearing have been published
and given as required by law; and,
B. That the boundaries of Reinvestment Zone No. 4 shall be the area as described in
the description attached hereto and incorporated herein as Exhibit “A” and shall
be eligible for commercial-industrial tax abatement; and,
C. That creation of the reinvestment zone for a tax abatement with boundaries as
described in Exhibit “A” will result in benefits to the Town and to the land
included in the zone after the expiration of a tax abatement agreement entered into
under Chapter 312 of the Act, and the improvements sought are feasible and
practical; and,
D. That the reinvestment zone as defined in Exhibit “A” meets the criteria for the
creation of a reinvestment zone as set forth in Section 312.202 of the Act in that it
is “reasonably likely as a result of the designation to contribute to the retention or
expansion of primary employment or to attract major investment in the zone that
would be a benefit to the property and that would contribute to the economic
development of the Town”; and,
E. That the reinvestment zone as defined in Exhibit “A” is consistent with the Town
of Trophy Club, Texas Policy Statement for Tax Abatement.
The foregoing findings having been approved by the Town Council at its regularly scheduled
open meeting shall be noted in the minutes for that meeting as required by the Town of Trophy
Club, Texas Policy Statement for Tax Abatement.
SECTION 3.
ZONE ESTABLISHED AND DESIGNATED AS REINVESTMENT ZONE NO. 4
Pursuant to Section 312.201 of the Act, the Town hereby creates a reinvestment zone for a tax
abatement encompassing only the area described by in Exhibit “A” and such reinvestment zone
is hereby designated and shall hereafter be designated as Reinvestment Zone No. 4 of the Town
of Trophy Club, Texas.
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SECTION 4.
EFFECTIVE DATE AND EXPIRATION DATE FOR ZONE NO. 4
The Reinvestment Zone No. 4 shall take effect on February 26, 2007, and shall remain
designated as a reinvestment zone until expiration on February 26, 2012; provided, however, the
Town my exercise its authority under Section 312.203 of the Act regarding renewal for periods
not to exceed five (5) years.
SECTION 5.
ELIGIBILITY FOR ABATEMENT
A project located within Reinvestment Zone No. 4 may be eligible for tax abatement. Creation
of this Reinvestment Zone shall not be construed as consent for or entitlement to any type of
abatement. In order to be eligible for a tax abatement, a project within the Reinvestment Zone
No. 4 created by this Ordinance must meet the General Purpose and Objectives and other criteria
specified in Town of Trophy Club, Texas Policy Statement for Tax Abatement as determined by
the Town Council after proper notice and consideration at an open regularly scheduled meeting
of the Town Council. Additionally, any written tax abatement agreements authorized in
Reinvestment Zone No. 4 shall meet the criteria specified in the Town of Trophy Club, Texas
Policy Statement for Tax Abatement.
SECTION 6.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the
designation of Reinvestment Zones and/or Reinvestment Zone No. 4 and shall not repeal any of
the provisions of such Ordinances except as specifically provided herein and in those instances
where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance;
whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances
of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect.
SECTION 7.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
the Ordinance, and the Town Council hereby declares it would have passed such remaining of
the Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town
65
Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the
Town and by amending the Code of Ordinances to reflect the changes adopted herein by
Council.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with law, and it
is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the
19th day of February, 2007.
_______________________________
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
66
EXHIBIT A
BOUNDARY DESCRIPTION
Reinvestment Zone No. 4
Reinvestment Zone No. 4 is comprised of 11 contiguous parcels described as
follows:
1. Generally described as Trophy Club Medical Plaza, Block 1, Lot 1, being 7.9384
acres situated in the John Henry Survey, Abstract No. 528 and the W.H. Pea
Survey, Abstract No.1045, in the Town of Trophy Club, Denton County, Texas,
and further described as 2800 and 2850 SH 114, Trophy Club, Texas.
2. Generally described as being 8.3912 acres in the J. Henry Survey, Abstract No.
528A, Old DCAD Tr 3B, in the Town of Trophy Club, Denton County, Texas, and
further described as being located generally to the north of SH 114 and to the
west of Trophy Wood Dr., Trophy Club, Texas.
3. Generally described as Trophy Wood Business Center, Block A, Lot 2, being
1.05 acres situated in the J. Henry Survey, Abstract No. 528 (Denton County)
and Abstract No. 742 (Tarrant County) and the W. Medlin Survey, Abstract No.
1588 (Denton Co.) and Abstract No. 1958 (Tarrant Co.), in the Town of Trophy
Club, Denton and Tarrant County, Texas and further described as being located
generally to the north of SH 114 and to the west of Trophy Wood Dr., Trophy
Club, Texas.
4. Generally described as Trophy Wood Business Center, Block A, Lot 1, being
0.88 acres situated in the J. Henry Survey, Abstract No. 528 (Denton County)
and Abstract No. 742 (Tarrant County) and the W. Medlin Survey, Abstract No.
1588 (Denton Co.) and Abstract No. 1958 (Tarrant Co.), in the Town of Trophy
Club, Denton and Tarrant County, Texas and further described as being located
generally being located at the northwest corner of SH 114 and Trophy Wood Dr.,
Trophy Club, Texas.
5. Generally described as Trophy Wood Business Center, Block A, Lot 3, being
2.61 acres situated in the J. Henry Survey, Abstract No. 528 (Denton County)
and Abstract No. 742 (Tarrant County) and the W. Medlin Survey, Abstract No.
1588 (Denton Co.) and Abstract No. 1958 (Tarrant Co.), in the Town of Trophy
Club, Denton and Tarrant County, Texas and further described as being located
generally to the north of SH 114 and to the west of Trophy Wood Dr. in Trophy
Club, Texas.
6. Generally described as Trophy Wood Business Center, Block B, Lot 2 (Denton
Co. portion), being 1.75 acres situated in the J. Henry Survey, Abstract No. 528
(Denton Co.) and Abstract No. 742 (Tarrant County) and the W. Medlin Survey,
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Abstract No. 1588 (Denton Co.) and Abstract No. 1958 (Tarrant Co.), in the Town
of Trophy Club, Denton and Tarrant County, Texas and further described as
being generally located at the northeast corner of Trophy Wood Dr. and SH 114
in Trophy Club, Texas.
7. Generally described as Trophy Wood Business Center, Block B, Lot 2 (MUD 1
portion), being 1.08 acres situated in the J. Henry Survey, Abstract No. 528
(Denton Co.) and Abstract No. 742 (Tarrant County) and the W. Medlin Survey,
Abstract No. 1588 (Denton Co.) and Abstract No. 1958 (Tarrant Co.), in the Town
of Trophy Club, Denton and Tarrant County, Texas and further described as
being generally located at the southwest corner of SH 114 and Plaza Dr. in
Trophy Club, Texas.
8. Generally described as Trophy Wood Business Center, Block B, Lot 1 (MUD 1
portion), being 1.219 acres situated in the J. Henry Survey, Abstract No. 528
(Denton County) and Abstract No. 742 (Tarrant County) and the W. Medlin
Survey, Abstract No. 1588 (Denton Co.) and Abstract No. 1958 (Tarrant Co.), in
the Town of Trophy Club, Denton and Tarrant County, Texas and further
described as being generally located to the north of SH 114 and east of Trophy
Branch in Trophy Club, Texas.
9. Generally described as Trophy Wood Business Center, Block B, Lot 1 (Denton
Co. portion), being 0.9 acres situated in the J. Henry Survey, Abstract No. 528
(Denton County) and Abstract No. 742 (Tarrant County) and the W. Medlin
Survey, Abstract No. 1588 (Denton Co.) and Abstract No. 1958 (Tarrant Co.), in
the Town of Trophy Club, Denton and Tarrant County, Texas and further
described as being generally located at the southeast corner of Plaza Dr. and
Trophy Branch, and to the north of SH114 in Trophy Club, Texas.
10. Generally described as Trophy Wood Business Center, Block B, Lot 3, being
3.38 acres situated in the J. Henry Survey, Abstract No. 528 (Denton County)
and Abstract No. 742 (Tarrant County) and the W. Medlin Survey, Abstract No.
1588 (Denton Co.) and Abstract No. 1958 (Tarrant Co.), in the Town of Trophy
Club, Denton and Tarrant County, Texas and further described as being
generally located to the west of T.W. King Dr., east of Trophy Wood Dr. and
north of Plaza Dr., Trophy Club, Texas.
11. Generally described as Trophy Wood Business Center, Block B, Lot 4, being
5.819 acres situated in the J. Henry Survey, Abstract No. 528 (Denton County)
and Abstract No. 742 (Tarrant County) and the W. Medlin Survey, Abstract No.
1588 (Denton Co.) and Abstract No. 1958 (Tarrant Co.), in the Town of Trophy
Club, Denton and Tarrant County, Texas and further described as being
generally located to the west of T.W. King Dr., east of Trophy Wood Dr. and
north of Plaza Dr., Trophy Club, Texas.
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Reinvestment Zone No. 1
Property ID Legal Description Acres
R185199 THE VILLAGE AT TROPHY CLUB, LOT 1
R185200 THE VILLAGE AT TROPHY CLUB, LOT 2
R185201 THE VILLAGE AT TROPHY CLUB, LOT 3
R185202 THE VILLAGE AT TROPHY CLUB, LOT 4
R185203 THE VILLAGE AT TROPHY CLUB, LOT 5 9.947
R68347 A0823A C. MEDLIN, TRACT 19, ACRES 3.4096, OLD DCAD TR #3B 3.4096
R151108 A0823A C. MEDLIN, TRACT 22, ACRES 13.055, OLD DCAD TR #4B 13.055
R171494 A0823A C. MEDLIN, TRACT 21A, ACRES 5.6120 5.612
R171495 A0823A C. MEDLIN, TRACT 21, ACRES 4.2614 4.2614
*Boundaries of Zone are highlighted in yellow.
69
Reinvestment Zone No. 2
Property ID Legal Description Acres
R171493 A0823A C. MEDLIN, TRACT 1A, ACRES 2.106 2.106
*Boundaries of Zone are highlighted in yellow.
70
Reinvestment Zone No. 3
Property ID Legal Description Acres
R216467 TROPHY CLUB PLAZA, BLOCK A, LOT 2
R21468 TROPHY CLUB PLAZA, BLOCK A, LOT 3
R216466 TROPHY CLUB PLAZA, BLOCK A, LOT 1 13.96
R133129 A1154A J. SUTTON, TRACT 6, ACRES 2.705, OLD DCAD TR #1A(2) 2.705
R133149 A0392A JESSIE EADS, TRACT 21, ACRES 3.50, OLD DCAD TR 2E 3.5
*Boundaries of Zone are highlighted in yellow.
71
Property ID Legal Description Acres
R272967 TROPHY CLUB MEDICAL PLAZA, BLOCK 1, LOT 1 (IMP ONLY)
R109926 TROPHY CLUB MEDICAL PLAZA, BLOCK 1, LOT 1, ACRES 7.9384 7.9384
R98627 A0528A J. HENRY, TRACT 13, ACRES 8.3912, OLD DCAD TR 3B 8.3912
R263258 TROPHY WOOD BUSINESS CENTER, BLOCK A, LOT 2
R263257 TROPHY WOOD BUSINESS CENTER, BLOCK A, LOT 1
R263259 TROPHY WOOD BUSINESS CENTER, BLOCK A, LOT 3
R263255
TROPHY WOOD BUSINESS CENTER, BLOCK B, LOT 2(DENTON CO
PORTION)
R263256 TROPHY WOOD BUSINESS CENTER, BLOCK B, Lot 2, (MUD #1)
R263254 TROPHY WOOD BUSINESS CENTER, BLOCK B, Lot 1, ( MUD #1)
R263253
TROPHY WOOD BUSINESS CENTER, BLOCK B, LOT 1(DENTON CO
PORTION)
R263260 TROPHY WOOD BUSINESS CENTER, BLOCK B, LOT 3
R263261 TROPHY WOOD BUSINESS CENTER, BLOCK B, LOT 4 22.417
*Boundaries of Zone are highlighted in yellow.
72
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.D.6
Discuss and take appropriate action regarding the approval of Marshall Creek Park
Grant.
EXPLANATION: The T.P.W.D grant for Marshall Creek Park in the amount of $210,000.00
requires approval from Town Council. The grant will allow us to improve the existing motorized
trail system and expand the operational and revenue generating capacity of the park.
RECOMMENDATION: Staff recommends the approval of the grant.
ACTION BY COUNCIL:
(aa)
Attachments: 1. Funding Requirements
The amount of the grant was raised by T.P.W.D back to the originally requested amount of
$210,000.00, requiring an additional $12,000.00 from the Town. Staff will determine during the
implementation process whether in-kind contributions will be sufficient to cover this, or if
additional funds will be sought from EDC4A pending Council approval.
2. Grant Documents
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.D.7
Discuss and take appropriate action to select a new name for Marshall Creek Park.
Upon selection of the name by Council, a Resolution will be submitted for approval
at a subsequent Council meeting.
EXPLANATION:
At the February 13, 2007 Parks and Recreation Board meeting, it was decided that the following
top three names submitted would go before Town Council as their recommendation to rename
the park:
1. Trophy Park at Grapevine Lake
2. Trophy Park
3. Freedom Park
This recommendation is being submitted for Council consideration. In order to formally name
the Park a resolution will need to be approved at a subsequent meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
(mh)
84
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.D.8
Discuss and take appropriate action regarding an Ordinance amending Chapter 1
of the Code of Ordinances of the Town, entitled "Administration", Article VIII,
entitled "Schedule of Fees", regulating Parks and Recreation Use Fees.
EXPLANATION:
Staff is bringing back the various park fees with the changes requested by Council. Resident user
fees for the pool have been removed and staff is requesting that the new fees for Marshall Creek
Park be implemented May 1st 2007, allowing time for initial improvements to the park to be
made prior to the increase in the fees.
RECOMMENDATION:
ACTION BY COUNCIL:
(aa)
Attachments: 1. Ordinance
85
TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2007-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING CHAPTER 1 OF THE CODE OF
ORDINANCES, ENTITLED “ADMINISTRATION”, ARTICLE
VIII, ENTITLED “SCHEDULE OF FEES”, BY AMENDING
SECTION “8.15” “PARKS AND RECREATION;”
PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENT; PROVIDING A SAVINGS
AND REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2006-37 was adopted on September 18, 2006 and
provided for the adoption of a new schedule of fees for the Town of Trophy Club
(hereinafter referred to as “Town”); and
WHEREAS, due to changes in costs incurred by the Town which require an
amendment to various fees, the Town now finds it necessary and proper to amend
Ordinance No. 2006-37 by revising the fees associated with Parks and Recreation user
fees for Marshall Creek Park, sports facilities and the community swimming pool; and
WHEREAS, the fees adopted hereby are reasonable and reflect reimbursement
for administrative and operational costs incurred by the Town in providing various
services to the public; and
WHEREAS, the Town is authorized to require the payment of reasonable fees for
services provided; and
WHEREAS, the Town Council hereby finds that the amendment of Section 8.15
of Article VIII, Chapter 1, of the Code of Ordinances as further specified herein serves
the best interests of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
86
SECTION 2.
AMENDMENT
2.01 Article VIII entitled “Schedule of Fees” of Chapter 1, entitled “Administration” of
the Code of Ordinances of the Town is hereby amended to revise Section 8.15, entitled
“Parks & Recreation” so that 8.15 is hereby revised as follows:
All fees are to be paid at the time of reservation and are based on availability.
Amounts shown are for each separate use/session. A session is based on 2-
hour minimum.
Fees are not applicable to members of the Trophy Club youth sports associations when they are participating in
Trophy Club youth sports association sponsored activities.
A. Reservations (Effective March 1,
2007)
Resident Non-Resident
1. Beck Baseball Field – Lighted $40.00 $60.00
2. Beck Baseball Field - Unlighted $20.00 $40.00
3. Harmony Soccer Field - Lighted $50.00 $80.00
4. Harmony Soccer Field – Unlighted $30.00 $60.00
5. Harmony Softball Field - Unlighted $20.00 $30.00
6. Independence Baseball Field -
Lighted
$50.00 $80.00
7. Independence Baseball Field -
Unlighted
$30.00 $60.00
Sport field rentals are based on a 2-hr
minimum. Additional hour is ½ the rate.
8. Pavilion Rental $20.00 $45.00
Pavilion rental based on a 3 hour
minimum. $10 each additional hour.
B. Pool After Hours Rental (Effective
March 1, 2007)
Resident Non-Resident
1. Small Pool (1-25 people) $100.00 $125.00
2. Large Pool (1-50) $150.00 $175.00
3. Large Pool (51-100) $200.00 $225.00
4. Large Pool (101+) $250.00 $275.00
5. Both Pools (1-50) $200.00 $225.00
6. Both Pools (51-100) $250.00 $275.00
7. Both Pools (101+) $300.00 $325.00
8. Pool Dep. (1-50) $100.00 $100.00
9. Pool Dep. (51-100+) $250.00 $250.00
Pool rentals are based on a 2 hour
minimum.
C. Pool Daily Use Fees (Effective March
1, 2007)
Resident Non-Resident
1. Daily Pool Fee (Age 3 & Under Free) $.00 $4.00
2. Individual Season Pass $.00 $75.00
3. Family Season Pass $.00 $150.00
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D. Marshall Creek Park (Effective May 1,
2007)
Resident Non-Resident
1. Vehicle Entry $3.00 $3.00
2. ATV/Motorcycle $12/$10 $12/$10
3. Boat Entry $5.00 $5.00
4. Vehicle Entry Season Pass $20 $50
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Schedule of Fees and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance; whether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
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Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 19th day of February, 2007.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
_______________________________
Town Attorney
Town of Trophy Club, Texas
89
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.D.9
Discuss and take appropriate action regarding an Ordinance annexing
approximately 20.929 acres situated in the Mary Medlin Survey, Abstract Number
832, Denton County, Texas. The property to be annexed is within the Town's
extraterritorial jurisdiction and is generally located along Marshall Creek Road
adjacent to the northeast boundary.
EXPLANATION:
Public Hearing Notices were published in the newspaper on 1/5 and 1/12/07 and on the internet
on January 16, 2007. Written notice was also provided to Northwest ISD, Denton County, and
Trophy Club MUD. Town Council held a Public Hearing on 1/22/07 and the second Public
Hearing during a Special Session on 1/29/07.
The proposed Ordinance approves the annexation of the Property and the associated Service Plan
for the Property.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Service Plan
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
ANNEXING APPROXIMATELY 20.929 ACRES SITUATED IN THE
MARY MEDLIN SURVEY, ABSTRACT NUMBER 832, DENTON
COUNTY, TEXAS AS MORE FULLY DESCRIBED IN EXHIBIT “A”
ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING
FOR THE INCORPORATION OF PREMISES; PROVIDING FOR
ANNEXATION AND BOUNDARY MAP AMENDMENT; APPROVING A
SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A
SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 43 of the Texas Local Government Code and the
Trophy Club Home Rule Charter, the Town is authorized to annex territory into its corporate
boundaries; and
WHEREAS, the procedures prescribed by Chapter 43 of the Texas Local Government Code,
including without limitation, notices, publications and public hearings have been duly followed
and all other legal requirements have been met to properly annex an approximate 20.929 Acres
situated in the Mary Medlin Survey, Abstract Number 832, Denton County, (the “Property”) as
more fully described in Exhibit “A”, a copy of which is attached hereto and incorporated herein;
and
WHEREAS, the Town Council finds that the Property described in Exhibit “A” contains
fewer than 100 separate tracts of land on which one or more residential dwellings are located on
each tract; and
WHEREAS, this annexation is made pursuant to Subchapter C-1 of Chapter 43 of the
Texas Local Government Code; and
WHEREAS, the Town Council has reviewed the Service Plan, a copy of which is
attached hereto and incorporated herein as Exhibit B, and such Service Plan was timely provided
at the public hearing; and
WHEREAS, the Town Council finds and determines that the Service Plan is appropriate
for the Property; and
WHEREAS, annexation proceedings were instituted for the Property described in
Exhibit “A” by the introduction of this Ordinance at the February 19, 2007 Town Council
meeting; and
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing findings and premises set forth above are true and correct
and are incorporated herein and made a part hereof for all purposes.
SECTION 2.
ANNEXATION / BOUNDARY MAP AMENDMENT
2.01 Annexation. The Property described in Exhibit “A” is hereby annexed to the Town of
Trophy Club, Denton County, Texas, and that the boundary limits of the Town of Trophy Club,
Texas be and the same are hereby extended to include the above described territory within the
Town limits of the Town of Trophy Club and the same shall hereafter be included within the
territorial limits of Trophy Club, an the inhabitants thereof shall hereafter be entitled to all the
rights and privileges of other citizens of the Town of Trophy Club and they shall be bound by the
acts, ordinances, resolutions, and regulations of the Town of Trophy Club.
2.02 Map Amendment. The Town Manager or his designee is hereby authorized and directed
to amend the official boundary map of the Town of Trophy Club to include the newly annexed
Property described in Exhibit “A” and to reflect associated changes to the extraterritorial
boundaries of the Town.
SECTION 3.
SERVICE PLAN
The service plan, a copy of which is attached hereto and incorporated herein as Exhibit
“B” (the “Service Plan”), and which provides for the extension of municipal services to the
Property described in Exhibit “A”, is approved as part of this Ordinance. The Service Plan was
made available for public inspection and explanation to the inhabitants of the area being annexed
at the public hearings for this annexation.
SECTION 4.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the
Town’s corporate boundaries and extraterritorial jurisdiction and shall not repeal any of the
provisions of such Ordinances except in those instances where provisions of those Ordinances
are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified
or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified
or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and
effect.
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SECTION 5.
SEVERABILITY
Should any part of this Ordinance be held illegal for any reason, the holding shall not
affect the remaining portion of this Ordinance and the Town Council hereby declares it to be its
purpose to annex to the town of Trophy Club all portions of the Property lawfully annexed
regardless of whether any other part of the Property described in Exhibit “A” is declared not to
be lawfully annexed into the Town. If any part of the Property is already included within the
Town limits of the Town of Trophy Club or within the limits of any other city, town or village,
or is not within the Town of Trophy Club’s jurisdiction to annex, the same is hereby excluded
form the territory annexed as fully as if the excluded area were expressly described in this
Ordinance.
SECTION 6.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the
Town Council of the Town of Trophy Club, by filing this Ordinance in the Ordinance records of
the Town, and performing all other necessary actions to give effect to this Ordinance.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this the 19th day of February, 2007.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
93
Approved as to Form:
_______________________
Town Attorney
Town of Trophy Club, Texas
EXHIBIT “A”
PROPERTY DESCRIPTION
94
95
EXHIBIT “B”
SERVICE PLAN
Town of Trophy Club Municipal Service Plan
FIRE
Existing Services: None
Services to be Provided: Fire suppression will be available to the area upon annexation.
Primary fire response will be provided by an existing Fire Station located at 100 Municipal
Drive. Adequate fire suppression activities can be afforded to the annexed area within current
budget appropriation. Fire prevention activities will be provided by the Fire Marshall’s office, as
needed.
POLICE
Existing Services: None
Services to be Provided: Currently, the area is under the jurisdiction of the Denton County
Sheriff’s Office. However, upon annexation, the Town of Trophy Club Police Department will
extend regular and routine patrols to the area. It is anticipated that the implementation of police
patrol activities can be effectively accommodated within the current budget and staff
appropriation.
BUILDING INSPECTION
Existing Services: None
Services to be Provided: The Building Inspection Department will provide Code
Enforcement Services upon annexation. This includes but is not limited to issuing building,
electrical, mechanical and plumbing permits for any new construction and remodeling, and
enforcing all other applicable codes which regulate building construction within the Town of
Trophy Club.
PLANNING & ZONING
Existing Services: None
Services to be Provided: The Planning & Zoning Department’s responsibility for regulating
development and land use through the administration of the Town of Trophy Club’s Zoning
Code will extend to this area on the effective date of the annexation. The property will also
continue to be regulated under the requirements of the Town of Trophy Club’s Subdivision
Regulation Code. These services can be provided within the department’s current budget.
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HEALTH DEPARTMENT – HEALTH CODE ENFORCEMENT SERVICE
Existing Services: None
Services to be Provided: The Town of Trophy Club will implement the enforcement of the
Town’s health code ordinances and regulations on the affective date of annexation. Such
services can be provided with current Community Development Department Personnel and
within the current budget appropriation. In addition, animal control services will be provided to
the area as needed.
STREETS
Existing Services: None
Services to be Provided: Maintenance to the street facilities will be provided by the Town
upon the effective date of the annexation. The service can be provided within the current budget
appropriation.
STORM WATER MANAGEMENT
Existing Services: None
Services to be Provided: Developers will provide storm water drainage at their own expense
and will be inspected by the Town at the time of completion. The Town will then maintain the
drainage upon approval.
STREET LIGHTING
Existing Services: None
Services to be Provided: The Town of Trophy Club will coordinate any request for
improved street lighting with the local electric provided in accordance with standard policy.
TRAFFIC ENGINEERING
Existing Services: None
Services to be Provided: The Town of Trophy Club will be able to provide, after the
effective date of annexation, any additional traffic control devices
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WATER SERVICES
Existing Services: None
Water service to the area of proposed annexation will be provided in accordance with applicable
statutes, codes and department policy. When property develops in the adjacent areas, water
service shall be provided in accordance with the present extension ordinance. Extension of
service shall comply with applicable codes and ordinances. Water will be provided by
annexation into the Municipal Utility District or paying the applicable rates for non-annexed
areas.
SANITARY SEWER SERVICE
Existing Services: None
Services to be Provided: Sanitary sewer service to the area of proposed annexation will be
provided in accordance with applicable statutes, codes, and department policy. When property
develops in the adjacent areas, sanitary sewer service shall be provided in accordance with the
present extension ordinance. Extension of service shall comply with applicable codes and
ordinances. Sanitary sewer service will be provided by annexation into the Municipal Utility
District or paying the applicable rates for non-annexed areas.
SOLID WASTE SERVICES
Existing Services: None
Services to be Provided: Solid waste collection shall be provided to the area of annexation
in accordance with the present ordinance. Service shall comply with existing Town policies,
beginning with occupancy of structures.
MISCELLANEOUS
All other applicable municipal services will be provided to the area in accordance with the Town
of Trophy Club’s established policies governing extension of municipal services to newly
annexed areas.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.D.10
Discuss and receive input regarding an Ordinance regulating smoking at various
places within the Town of Trophy Club.
EXPLANATION:
The draft ordinance presented for discussion by Council provides a regulatory scheme that
prohibits smoking based upon the Town’s police power authority to protect general health, safety
and welfare. The Town’s exercise of its police power with this type of regulation represents an
undertaking to promote the general welfare of citizens; however, it does not impose any duty or
obligation for failure to enforce smoking regulations nor does it make the Town liabile for any
breach of its prohibitions, nor does it mean that the Town assumes a duty to protect individuals
from harm or injury. Because the Town’s authority is premised on public health and welfare,
the smoking prohibitions are directed at smoking that occurs in public places. In the current
draft ordinance, smoking would be prohibited in educational facilities, government facilities,
private clubs (those licensed through TABC), health care facilities, public parks (within 20 feet
of bleachers and dugouts) and retail or service establishments and 20 linear feet from the outside
of those types of establishments.
The draft ordinance does allow a business owner to designate a nonsmoking area provided that
conditions are met, including the use of a ventilation system, air barrier system or air purification
system that meets the requirements of the ordinance.
OTHER CITIES:
Dallas:
City of Dallas Ordinance generally prohibits smoking in retail or service establishments, and it
excludes from the smoking prohibition: 1) private residences, except where the residence is used
as a day care; (2) an administrative area or office that is physically separated from the areas of
the establishment where smoking is prohbitied; (3) a bar that does not open into any other
establishment in which smoking is prohibited unless the bar opens into a hotel or motel, if any
part of the bar is generally accessible by a minor or the location was posted as a nonsmoking area
by the owner or person in control of the bar; (4) a retail or service establishment that derives 90
percent or more of its gross revenue on a quarterly basis from the sale of tobacco or related
products if it does not open into another establishment in which smoking is prohibited; (5) an
unenclosed outdoor seating area of an eating establishment unless the outdoor seating area is
adjacent to a playground or play area for children or the location was posted as nonsmoking by
the owner or person in control (6) a private rented guest room in a hotel or motel that has been
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designated as a smoking room; (7) a billiard hall that does not open into any other establishment
in which smoking is prohibited unless any part of the billiard hall is generally accessible by a
minor or the location was posted as a nonsmoking area by the owner or person in control of the
billiard hall.
The Dallas Ordinance does not address ventilation systems.
Southlake:
The Southlake ordinance generally prohibits smoking, but it allows a person to designate an area
within an establishment as a smoking area as long as certain criteria are met. The area may not
include the entire establishment, cashier areas or over the counter sales area; the viewing area of
any theater or movie theater; the entire lobby; the area where smoking is permitted utilizes
ventilation systems as specified in the Ordinance; and the area is posted with appropriate signs
designating the area as a smoking area. Southlake requires a food products establishment that
has indoor or enclosed dining areas to provide separate indoor or enclosed dining areas for
nonsmoking patrons and a separate outdoor dining area for nonsmoking patrons.
The Southlake ordinance does provide for a ventilation system.
Arlington:
City of Arlington ordinance prohibits smoking in public places similar to Dallas and Southlake.
Arlington’s ordinance allows an area to be designated as a smoking area provided that it is
located so as to prevent the exposure to customers of the establishment to secondhand smoke. It
requires designated smoking room and areas to be equipped with ventilation systems or an
approved alternate system that does not meet the standard exhaust requirements. The Arlington
ordinance regulates workplaces by requiring employers to designate common areas of the
workplace such as conference rooms, break areas, rest rooms and dining areas as nonsmoking
except where separate areas that meet the ordinance requirements are provided, designate as
nonsmoking areas of shared office space except where separate areas are provided as required in
the ordinance. Arlington also mandates that multiple employers sharing common ventilation /
air handling systems to be designated as nonsmoking. Arlington allows an employer to
designate the entire workplace as nonsmoking or to have more stringent requirements that the
requirements of the ordinance, to allow smoking in a physically separate section if all employees
in that area are smokers and the air handling / ventilation system serving such section does not
serve any other area of the workplace or no return air is permitted to a common air
handling/ventilation system.
Plano:
City of Plano ordinance prohibits smoking in areas similar to the others; however, it expressly
excludes from private club those premises operated by an organization not customarily used by
the general public and where entry and privileges are established by regulations of that
organization distinct from a TABC private club membership. Plano prohibits smoking in public
areas; however, it allows smoking in designated areas of food products, retail or service
100
establishments equipped with a functional air purification system / ventilation system meeting
the requirements of the ordinance.
Abilene:
The City of Abilene has recently enacted an ordinance that includes private clubs in the list of
establishments in which smoking is prohibited in accordance with the ordinance. This restriction
applies to recreational, fraternal, social clubs, etc. that are not operated for pecuniary gain, that
only sell alcoholic beverages incidental to their operations, and that have been granted an
exemption from federal taxes under Section 501. The ordinance exempts private clubs from the
smoking regulations if they have no employees.
Abilene does not address ventilation systems.
Frisco:
The City of Frisco is currently discussing the implementation of an amortization process for
ventilation systems allowed by their smoking ordinance when it was adopted five years ago.
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Information Memorandum
2. Ordinance
101
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for
all purposes.
SECTION 2.
ADOPTION OF ARTICLE III OF CHAPTER 6
2.01 Chapter 6, entitled “Health and Sanitation”, of the Code of Ordinances of the Town of Trophy Club is
hereby amended by the adoption of Article III, entitled “Public Smoking”, which shall read in its entirety as follows:
Article III
Public Smoking
Section 3.01 Definitions
When used in this Ordinance, the following words and phrases shall have the respective
meaning ascribed to them:
Administrative Area means that part of any place or establishment not generally accessible to the public, including
but not limited to individual offices, stock rooms, meeting rooms and employee lounges.
Air Barrier System means a system that creates an air curtain to prevent drift or penetration of tobacco smoke from
a smoking area to a nonsmoking area not allowing drift or penetration from the ceiling down to twenty-four (24)
inches above the floor.
Air Purification System means an electrically powered hospital grade, hepa media filter that will clean all of the air
in the designated smoking area every fifteen (15) minutes as follows: not less than ninety-five (95) percent of three-
tenths (0.3) micron particulates efficiency including dust, smoke, pollen, mold spores, bacteria, tobacco smoke,
viruses and allergens and not less than ninety-five (95) percent removal of gases, vapors, volatile organic
compounds (V.O.C.) and odors.
Designated Non Smoking Area means an area which has been properly designated by the Owner, operator,
manager, employer or other person having control of any building or area as a “nonsmoking area” and where signs
as required by this Chapter are properly posted in accordance with this Chapter to notify persons that smoking is
prohibited.
Designated Smoking Area means an area which shall not exceed fifty (50) percent of the net floor area and is
equipped with an Air Purification System or a Separate Ventilation System and having a Physical Barrier or Air
Barrier System between it and the nonsmoking area.
Director means the Director of the Community Development Department of the Town of Trophy Club authorized
by the Town Manager to enforce and administer this Chapter or the Director’s designated representative.
Educational Facility means any day care center, nursery school, elementary school, middle school, junior high
school, senior high school, vocational school, special education center or other center designated for learning or
vocational purposes, including both public and private.
Employee means any person, excluding a domestic household servant, who is employed in consideration of direct
or indirect monetary wages, commission or profits and including without limitation any contract employee.
Employer means any person who employs the services of one or more employees or any person who controls,
owns, possesses or manages a Workplace.
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Enclosed means closed in by a roof and walls with appropriate openings for ingress and egress
Enclosed Areas means all space between a floor and ceiling that is enclosed on all sides by smoke-impermeable
walls or windows (exclusive of door ways)that extend from that floor to the ceiling. An enclosed area may be a
portion of a larger enclosed area.
Food Products Establishment means any restaurant, coffee shop, cafeteria, luncheonette, tavern, sandwich or other
food stand, soda fountain, private and public school cafeteria or eating establishment, and any other eating
establishment, organization, boardinghouse, or guesthouse, which gives or offers for sale food to the public, guests,
patrons or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, include
catering facilities. Other food product establishments include grocery stores and food markets, not including those
located outdoors.
Government Facility means any building or area owned, controlled or managed by, leased or rented
to or by the Town of Trophy Club, Texas, including without limitation indoor and outdoor facilities
such as parks, playgrounds, ball fields, recreational facilities or areas, or scenic areas; provided
however, that this term does not include right of way or easements.
Net Floor Area means the floor area of the interior of the establishment normally utilized and accessible by patrons
and/or the general public, and as determined by the Town Building Official pursuant to the building code adopted by
the Town.
Person means any individual, partnership, cooperative, association, corporation or venture, or
other legal entity.
Physical Barrier means a barrier that will form an effective membrane continuous from outside wall to outside
wall, from a smoke barrier to a smoke barrier, from floor to floor or roof above, or a combination thereof, including
continuity through all concealed spaces, such as above suspended ceilings, interstitial structural and mechanical
spaces. Transfer grilles, louvers and similar openings shall not be used in these partitions. Self closing, tight fitting
doors are permitted in such barriers.
Private Club means any building, premise or portion thereof which is permitted by the state and allowed by special
use permit by the Town as a private club for the storing, possession, and dispensing for on-premises consumption of
alcoholic beverages. Private Club does NOT include a premises operated by an organization which is not available
to and not customarily used by the general public and entry and privileges thereto are established by regulations of
that organization distinct from a Texas Alcohol and Beverage private club membership.
Public Place means any enclosed area to which the public is invited or in which the public is permitted, and
includes but is not limited to: Food Products Establishments, Retail or Service Establishments, retail stores, grocery
stores, offices, professional, commercial or financial establishments, restaurants, Educational Facilities, Government
Facilities, including without limitation any portion thereof, but does not include Administrative Areas as defined
herein.
Retail Or Service Establishment means any establishment which sells goods or services to the general public.
Retail Tobacco Store means a Retail Establishment utilized primarily for the sale of tobacco products and
accessories and in which the sale of other products are merely incidental.
Service Line means an indoor line or area where persons await service of any kind, regardless of whether or not
such service involves exchange of money. Such service shall include, but is not limited to, sales, giving of
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information, direction or advice, and transfers of money or goods.
Smoke, Smokes or Smoking means and includes the possession, carrying or holding of a pipe, cigar, cigarette,
tobacco, weed, or any other plant product of any kind which is burning, or the igniting or inhaling of a pipe, cigar,
cigarette, tobacco, weed, or any other plant product of any kind which is burning.
Town means the Town of Trophy Club, Texas.
Ventilation System means a HVAC system designed by a licensed professional engineer to meet the requirements
of Section 3.06 (G) and meeting all other requirements of the Town’s Mechanical Code and amendments thereto.
Workplace means any Enclosed Area under the control of a public or private employer which employees normally
frequent during the course of employment. A private residence is not a place of employment.
Section 3.02 Purpose.
A. Intent. It is the intent of this Chapter to define distinct and separate areas for smoking and
nonsmoking use to assure a smoke-free atmosphere in nonsmoking areas and to prohibit the
commingling of air between such areas in all Public Places and other designated areas as set
forth in this Chapter. All Air Purification Systems, Air Barrier Systems, and Separate
Ventilation Systems shall be tested and such test shall be observed by the Town at the time of
installation and at least every six (6) months thereafter to insure compliance with this Chapter.
B. Expense for Compliance. Nothing in this Chapter shall require the owner, operator, manager,
employer, or other person having control of any building, facility, room, establishment, or
structure to incur any expense to make structural or other physical modifications to comply
with the terms and conditions of this Chapter. The posting of signs or the equipping of any
area with facilities for the extinguishment of smoking materials shall not be construed to
require infeasible structural changes.
C. Minimum Prohibition Prescribed. Nothing in this Article shall be construed to preclude any
owner or other person having authority to manage and control any Public Place or Workplace
from prohibiting smoking to a greater extent than is provided by this Chapter or from declaring
an entire establishment of facility to be a nonsmoking facility.
Section 3.03 Smoking Prohibited in Certain Public Areas.
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A. Indoor or Enclosed Areas. A person commits an offense if he/she smokes in any of the
following indoor or Enclosed Areas:
(i) An Educational Facility, including without limitation a public or private
preschool, primary or secondary school; or
(ii) Elevators, museums, libraries, public transportation facilities open to the public
and Service Lines of establishments doing business with the general public; or
(iii) Hearing rooms, conference rooms, meeting rooms, sports, recreational or
athletic facilities or any public service area of any Government Facility in
which business is conducted when the public business requires or provides an
opportunity for direct participation or observation by the general public; or
(iv) Any building which is used for or designated for the purpose of exhibiting any
motion picture, stage drama, lecture, musical recital, athletic event, sporting
event or any other event whenever open to the public, except for smoking
which is part of a stage performance, including all restrooms, and any area
commonly referred to as a lobby; or
(v) Any Retail or Service Establishment servicing the general public, including but
not limited to any Food Products Establishment, department store, restaurant,
hair styling salon, grocery store, Private Club, bingo parlor, bowling center,
drug store, shopping mall, including Service Lines; or
(vi) All restrooms open for public use; or
(vii) All areas in a laundromat open to and available to use by the public or in a
laundry room, building, or facility open only to persons residing in an apartment
complex or other multi-family dwelling units; or
(vii) Within all areas available to and customarily used by the general public in all
businesses and nonprofit entities patronized by the public, including, but not
limited to commercial, financial and professional offices including banks, hotel
and motel lobbies and Retail or Service Establishments located within a hotel or
motel; or
(viii) Designated Non Smoking Areas in accordance with Section 3.02(C) of this
Chapter and meeting the requirements of this Chapter relative to signage and
notice.
(ix) In any public area of a health care facility or hospital, including, but not limited
to clinics and short term care facilities, physical therapy facilities, doctor’s
offices, nursing and convalescent homes, residential treatment centers/homes,
and dentists offices. In bed space areas of health facilities, smoking shall be
prohibited unless all parties within the room are smokers and such smoking is
ordered on the health care facility’s admission form by an attending physician,
in keeping with the guidelines established by the facility. Separate ventilation
exhaust may be required by the Director to accommodate such orders.
B. Outdoor Areas. A person commits an offense if he/she Smokes in any of the following
outdoor areas:
(i) Within twenty (20) linear feet of any entrance of any facility where
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Smoking is prohibited; or
(ii) In all outdoor parks, sports fields, recreational facilities, playgrounds,
recreational areas, stadiums, and at all outdoor Town sponsored, controlled,
or assisted public events, except in Designated Smoking Areas, which may
be established only in perimeter areas at least twenty (20) linear feet from
all seating areas, concession stands, and event or vendors’ booths. Smoking
shall also be prohibited within twenty (20) linear feet of bleachers and
grandstands for use by spectators or of dugouts, benches or other areas
designated for participants at sporting and other public events, unless such
area is specifically designated as a smoking section.
3.04 SIGNS.
A. Required Signage.
A Person who is an Employer at an area, establishment or facility where smoking is prohibited
shall post signage, as provided herein, in sufficient numbers and at such conspicuous locations,
including entrances thereto, so as to be readily observable by a reasonable person and shall
provide receptacles for the extinguishment of smoking materials within twenty (20) feet of the
entrance to such area where smoking is to be prohibited as provided by this Chapter. A sign
prohibiting smoking shall be sufficient if it contains the words "No Smoking, Town of Trophy
Club Ordinance," the universal symbol for no smoking, or other language that clearly prohibits
smoking. Notice shall be deemed sufficient if each entrance to a building is posted with a sign
containing the words "Smoking Permitted In Designated Areas Only."
D. Defense – Improper Signage. It shall be a defense to prosecution under this section that the
place in which the offense occurred does not have prominently displayed a conspicuous
notice(s) that smoking is prohibited and meeting the requirements of this Ordinance.
3.05 Designated Smoking Areas.
A Limitations for Designated Smoking Areas. Notwithstanding anything in Section 3.03 to the contrary, the Person
who is an Employer at an establishment, facility, or area described in Section 3.03 may designate an area within
the establishment as a smoking area provided that:
1. The area may not include the entire establishment; or
2. The area may not include cashier areas or over the counter sales areas; or
3. The area may not include the viewing area of any theater or movie theater; or
4. The area may not include the entire lobby; or
5. The area in which smoking is permitted utilizes ventilation systems designed by a professional engineer as
provided in section 3.06 (G) hereinbelow; and
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6. The area is posted with appropriate signs designating the area as a smoking area.
D. Defense. It is a defense to prosecution under this section if the person was smoking in an area that was:
1. A designated smoking area of a facility or establishment described in subsection3.03 of this chapter which is posted
as a smoking area with appropriate signs; or
2. An Administrative Area or private office of an establishment described in Section 3.03 hereinabove unless
such Administrative Area or private office is posted as a nonsmoking area in accordance with subsection
(A) hereinabove;
3. A Retail or Service Establishment which is primarily engaged in the sale of tobacco products or smoking
implements; or
4. Not posted as a nonsmoking area as required by this Chapter.
Section 3.06 Smoking Allowed
Notwithstanding any other provision of this Article to the contrary, smoking is not prohibited in the
following areas:
A. Private residences, except when used as a licensed child care or health care facility; or
B. Hotel and motel rooms rented to guests; or
C. Retail Tobacco Stores that have an enclosed, separately ventilated smoking room that exhausts directly to the
outside environment; or
D. Any area exterior to the building in which the establishment or facility is located, except
within twenty (20) linear feet as otherwise regulated under Section 3.03 (B) (i.)
E. Any enclosed rooms in an establishment or facility which are being used entirely for private parties, events or
other social functions; or
F. Enclosed areas of an employer that are Administrative Areas as defined in this Chapter; or
G. In the Designated Smoking Areas of any Public Place, Food Products, Retail Or Service Establishment serving
the general public which has provided a designated smoking area equipped with a functional air purification
system or functional separate ventilation system. Such systems shall have a negative pressure on the area
designated for smoking to prevent air from a smoking area to be drawn across or into the nonsmoking area. All
ventilation systems shall provide a total air exchange every fifteen (15) minutes and shall exhaust that air to the
exterior of the building. A sign must be posted on the premises in a conspicuous place to advise the public that
smoking is permitted in the designated smoking area. Designated smoking areas shall not include restrooms,
Service Lines, public telephone areas, and other areas commonly used by all patrons, including access thereto
(called “common areas”) in new establishments making application for a building permit for new construction
after the effective date of this Article/Chapter. Establishments existing or with building permits pending on the
effective date of this Article/Chapter shall comply with these common areas requirements to the extend
structurally feasible as is reasonably determined by the proprietor of the establishment.
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Section 3.07 Compliance
A. Copy Provided. The building Official of the Town shall provide each applicant for a
certificate of occupancy with a copy of this article.
.
B. Persons Responsible for Compliance. The owner, operator, or manager of any facility,
business or agency within the purview of this Chapter shall comply with the provisions of this
Chapter.
C. Remedies. The Director may enforce the provisions of this Chapter by any one or more of the following actions:
1. Serving written notice requiring the correction of any violation of those sections; or
2. Requesting the Town attorney to maintain an action for Injunction to enforce the provisions of this
Chapter; or
3. Issuance of one or more municipal court citations.
D. Remedies Cumulative. The remedies contained herein are cumulative of and in addition to any other remedies
that are available at law or equity.
E. Enforcement. In undertaking the enforcement of this Chapter, the Town is assuming an undertaking only to
promote the general welfare of its citizens. It is not assuming any duty or obligation to enforce or for failure to
enforce, nor is it imposing any duty or obligation on its officers and employees, nor is it liable in money damages
or otherwise to any person who claims that (1) the Town or any of its officers or employees breached any such
obligation, and (2) the breach proximately caused injury.
Section 3.08 Penalty
Any person who violates this article shall be guilty of a health and sanitation misdemeanor violation and subject
to a fine of not more than $2,000.00. Each day that a violation is permitted to exist shall constitute a separate
offense.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.D.11
Discuss and receive input relative to potential 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.
EXPLANATION:
A concern was previously raised about the Town’s sign ordinance regulations governing the placement of
signs on commercial property. The following is the current regulation contained in Article IV, Chapter 5,
Section 4.05(B)(2):
RECOMMENDATION:
Staff suggests deleting the highlighted language and adding the underlined.
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Ordinance
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TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2007-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING CHAPTER 5 OF THE CODE OF
ORDINANCES, ENTITLED “GENERAL LAND USE”,
ARTICLE IV, ENTITLED “SIGN REGULATIONS”, BY
AMENDING SECTION “SECTION 4.05(B)(2)”
“TEMPORARY SIGNS;” PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENT; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS OR CONTINUES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2006-37 was adopted on September 18, 2006 and
provided for the adoption of a new schedule of fees for the Town of Trophy Club
(hereinafter referred to as “Town”); and
WHEREAS, the Town Council has determined that revising the Number, Size
and Placement for political signs located on non-residential or unplatted property would
be a benefit to the Town by promoting an aesthetically refined community for the
citizens of Trophy Club and by protecting the integrity and character of neighborhoods;
and
WHEREAS, the Town Council hereby finds that the amendment of Section
4.05(B)(2) of Article IV, Chapter 5, of the Code of Ordinances as further specified herein
serves the best interests of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article IV entitled “Sign Regulations” of Chapter 5, entitled “General Land Use”
of the Code of Ordinances of the Town is hereby amended to revise Section 4.05(B)(2),
entitled “Temporary Signs ” so that 4.05(B)(2) is hereby revised as follows:
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2. Number, Size and Placement:
A political sign shall not exceed thirty-six (36) square feet in area nor exceed
eight feet (8’) in height, as measured from the ground. A political sign may not
be illuminated or have any moving elements. No more than one (1) of such
signs for each political candidate or issue on the election ballot shall be
erected on any zoning lot residential zoned or other platted parcel of land.
The front and back surface of a political sign shall constitute one sign. For
signs with three or more surfaces, each surface shall constitute a separate
sign. For signs located on non-residential or unplatted property, the minimum
distance between identical signs for each political candidate shall be twenty-
five feet (25’) (100’.)
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Schedule of Fees and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance; whether such Ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
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SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 19th day of February, 2007.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
_______________________________
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.D.12
Discuss and take appropriate action to award or reject a proposal for the
Professional Collection Services for delinquent municipal court accounts.
EXPLANATION:
The Entities of Trophy Club released a Requests For Proposals (RFP) for the furnishing of
Professional Delinquent Account Collections. While the RFP covered both Utility Billing and
Municipal Court accounts, the information provided below pertains only to the latter. As of the
January 29, 2007 submission deadline, the Entities of Trophy Club received a total of four (4)
proposals. The Selection Team met, reviewed and ranked all proposals on February 7, 2007 and
then received an oral presentation from its top ranked firm, American Municipal Services, on
February 12, 2007. It is the goal of the Selection Team to have a delinquent collections program
in place by March 1, 2007.
RECOMMENDATION:
The Selection Team recommends that Town Council award a proposal and enter into an
agreement for the Professional Collection Services for delinquent municipal court accounts with
American Municipal Services.
ACTION BY COUNCIL:
(smd)
Attachments: 1. Matrix Summary
2. Reference Summary
3. American Municipal Services Proposal
4. Collection & Indemnification Agreement
5. Original RFP
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.D.13
Update Council and receive input regarding The Highlands At Trophy Club
Development and Public Improvement District Agreement.
EXPLANATION:
The following document is the latest revision to the Development and Public Improvement
District. The purpose of this agreement is to set forth the business points in creating the District
and direct the use of funds.
One of the more significant changes from the earlier drafts is the inclusion of certain provisions
that will tie this agreement back to other obligations of the developer. These provisions will be
found in Article 4, Section 4.1-4.4. Additionally, there is also an updated Schedule B that reflects
changes suggested by Bond Counsel to prevent potential financing issues.
This document is a working document and will continue to be changed in the upcoming weeks.
The discussion and input from the Council will allow staff to make the necessary revisions while
working toward a finished document to be presented at a late date.
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Draft Agreement
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THE HIGHLANDS AT TROPHY CLUB
DEVELOPMENT AND PUBLIC IMPROVEMENT DISTRICT AGREEMENT
THIS TROPHY CLUB DEVELOPMENT AND PUBLIC IMPROVEMENT DISTRICT
AGREEMENT (this "Agreement") is executed by and between Trophy 831, L.P., a Texas
limited partnership ("Owner"), and the Town of Trophy Club, a home rule municipality located
in Denton and Tarrant County, Texas (the "Town") to be effective ________________ (the
"Effective Date"). Owner and the Town are sometimes individually referred to as a "Party" and
collectively as the "Parties"
ARTICLE I
RECITALS
WHEREAS, all capitalized terms used herein are defined in Article II; and
WHEREAS, Owner is a Texas limited partnership; and
WHEREAS, the Town is a home rule municipality located in Denton and Tarrant County,
Texas; and
WHEREAS, Owner is the owner of the Property; and
WHEREAS, the Property is located entirely within the Town limits but outside MUD 1 and
MUD-2 which are governed by individual boards and, pursuant to an interlocal agreement, are
governed jointly by; and
WHEREAS, Owner intends to construct certain improvements necessary to serve The
Highlands at Trophy Club, a master-planned residential community comprised of approximately
1,486 residential units located within the Property, which Property is zoned to permit such use
pursuant to the PD Zoning; and
WHEREAS, the Parties intend for the Town to be the retail provider of water and wastewater
services to the Property; and
WHEREAS, the Parties acknowledge that the Town must first acquire water supply capacity
and wastewater treatment capacity before the Town can provide retail water and wastewater
services to the Property; and
WHEREAS, Owner intends to work with the Town and other jurisdictions to acquire water
supply capacity and wastewater treatment capacity; and
WHEREAS, the Town intends to rebate to owner up to $224,500 of its costs of acquiring water
supply capacity and wastewater treatment capacity from funds collected by the Town for utility
connection fees; and
WHEREAS, the Parties acknowledge that the Town, including the Property, would benefit from
the Connector Road; and
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WHEREAS, the Parties understand that Denton County and Northwest Independent School
District may participate in the construction of the Connector Road; and
WHEREAS, Owner intends to work with the Town and other jurisdictions to construct the
Connector Road; and
WHEREAS, the Parties agree to establish certain restrictions and expectations regarding the
development of the Property and the construction and funding of the Public Improvements that
provide a special benefit to the Property; and
WHEREAS, Owner and Town estimate that the cost of the Public Improvements shall be an
amount not to exceed $21,675,000.00 [this amount will need to equal the proceeds from the PID
Bond]; and
WHEREAS, the Subdividers Agreement requires the Owner to pay 100% of the costs of the
Public Improvements, including the costs, if any, of any additional and necessary public rights of
way and easements, and the Town has agreed to exercise its powers under the PID Act, and to
provide alternative financing arrangements that will enable the Owner to be reimbursed for a
specified portion of such costs from the proceeds of PID Bonds that are payable solely and
exclusively from the receipts collected from the Bond Security, all in accordance with the
procedures and requirements of the PID Act; and
WHEREAS, upon receipt of a legally compliant petition signed by the Owner(s) of 100% of the
Property affected thereby, the Town, subject to the consent and approval of the Town Council,
and in accordance with the terms of this Agreement and all legal requirements, intends to:
(i) consider and act upon the creation of the PID encompassing the Property, in accordance with
the PID Act; (ii) adopt the Service and Assessment Plan (iii) adopt the Infrastructure Assessment
Ordinance (to pay for the estimated cost of the Public Improvements shown on Exhibit B and
the costs associated with the administration of the PID and the issuance of the PID Bonds, not to
exceed the Infrastructure Assessment; (iv) adopt the Services Assessment Ordinance and
(v) issue, in one series, up to $25,000,000 principal amount of PID Bonds for the purpose of
reimbursing Owner for the cost of the Public Improvements and paying associated costs as
described herein; and
WHEREAS, subject to the appropriate Town Council approval, the Parties anticipate that the
Town will issue up to $25,000,000 principal amount of PID Bonds to finance the Public
Improvements; and
WHEREAS, it is the intent of this Agreement to establish certain restrictions and impose certain
commitments in connection with the development of the Property and the Parties hereto are
proceeding in reliance on the enforceability of this Agreement; and
NOW, THEREFORE, for and in consideration of the mutual obligations of the Parties set forth
in this Agreement, and for other good and valuable consideration, the receipt and adequacy of
which are acknowledged, the Parties agree as follows:
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DEFINITIONS
Unless the context requires otherwise, the following terms shall have the meanings hereinafter
set forth:
Administrative Costs shall include, without limitation, expenses incurred in the establishment,
administration, and operation of the PID.
Assessment Company means MuniCap, Inc. or another firm mutually acceptable to the Town
and the Owner.
Assessments mean the Infrastructure Assessment and the Services Assessment.
Bond Indenture means the indenture under which the PID Bonds were issued.
Bond Ordinance means and refers to an ordinance of the Town Council that will authorize and
approve the issuance and sale, either to Owner or to a financial institution approved by the Town
and Owner, of Bonds or Refunding Bonds and provides for their security and payment, either
under the terms of said ordinance or a trust indenture approved therewith.
Bond Security means assessments levied against the Property by the Town.
Connector Road means a connector road from the Property to U.S. 377.
Construction Fund means the interest bearing construction fund account created under the Bond
Indenture.
End-Buyer means any owner, developer, tenant, user, or occupant of a Fully Developed and
Improved Lot.
Fully Developed and Improved Lot means any lot, regardless of proposed use, which is served
by Public Improvements and for which a final plat has been approved by the Town and recorded
in the Real Property Records of Denton County.
Services Assessment means that assessment levied annual by the Town Council for Emergency
Services and Administrative Costs.
Services Assessment Ordinance means each Ordinance approved by the Town Council levying,
on an annual basis, the Services Assessment.
Emergency Services shall include, without limitation, fire suppression and control, inspection
services, arson investigations, hazardous material response, search and rescue, emergency
recovery and extraction, the pre-hospital medical stabilization or transportation of persons who
are sick, injured, wounded, or otherwise incapacitated or helpless including basic life support
ambulance services, advanced life support ambulance services, air ambulance services, and
quick-response unit services provided by the Town.
Estoppel Fees means the $200 fee paid to the Town for a written estoppel certificate.
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Infrastructure Assessment means that assessment levied by the Town Council pursuant to the
Infrastructure Assessment Ordinance which amounts are estimated on Exhibit C.
Infrastructure Assessment Ordinance means the infrastructure assessment Ordinance levying
assessments on the Property adopted by the Town Council.
Infrastructure Assessment Ordinance means the ordinance approved by the Trophy Club Town
Council which levies assessments on the Property to pay for the estimated cost of the Public
Improvements approved and specified in Exhibit B to this Agreement. as well as the costs
associated with the administration of the PID and the issuance of the PID Bonds.
Inspection Fees means the Town's duly adopted Schedule of Fees Ordinance, as amended from
time to time.
Master District means the Trophy Club Master District.
MUD 1 means the Trophy Club Municipal Utility District No. 1.
MUD 2 means the Trophy Club Municipal Utility District No. 2.
Notice means the notice required or contemplated by this Agreement (or otherwise given in
connection with this Agreement).
PD Zoning means Town Ordinance No. 2006-11 approved on May 8, 2006, as amended by
Town Ordinance No. 2007-11 [Owner made application for a zoning change on January 23,
2007; this zoning change application is be considered by P&Z February 15, 2007; and
considered by the Town Council on February 19 or March 5, 2007].
PID Act means Chapter 372, Texas Local Government Code, as amended.
PID Bonds means the revenue bonds secured solely by the Infrastructure Assessments.
PID means the Trophy Club Public Improvement District No. 1.
Property means the real property described and depicted in Exhibit A.
Public Improvement Costs means the costs of the Public Improvements.
Public Improvement means each those improvements allowed by the PID Act and specifically
identified in Exhibit B, a copy of which is attached hereto and incorporated herein. All or a
collection of more than one Public Improvement is sometimes referred to as the Public
Improvements.
Service and Assessment Plan means the service and Assessment plan adopted by the Town
Council.
Service and Assessment Plan means the Trophy Club Public Improvement District No. 1 Service
and Assessment Plan, to be adopted by the Town Council for the purpose of assessing allocated
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costs against property located within the boundaries of the PID having terms, provisions and
findings approved and agreed to by Owner and the Town, as required by this Agreement.
Shared Cost Public Improvement means a public improvement in which the PID shall participate
in the funding, acquisition, and construction of the public improvement, but only to the extent
that the Property benefits from the Shared Cost Public Improvement as determined in the Service
and Assessment Plan.
Subdividers Agreement means the subdividers agreement required by the Subdivision
Regulations of the Town.
Town means the Town of Trophy Club, a home rule municipality located in Denton and Tarrant
County, Texas.
Town Council means the City Council of the Town.
Trophy Club Public Improvement District No. 1 (hereinafter the "PID") means the public
improvement district containing the Property and to be created by the Town pursuant to the PID
Act and this Agreement.
Water Tower Costs means the costs of construction of the Water Tower.
Water Tower means the 500,000 gallon elevated water storage tower to be constructed on or near
the Property.
ARTICLE II
DEVELOPMENT STANDARDS
2.1 Planned Development District and Concept Plan. Owner shall develop the Property in
compliance with the PD Zoning and the attached Concept Plan in effect on the Effective Date
and in compliance with subsequent amendments to the PD Zoning and Concept Plan approved
by the Town pursuant to the customary Town approval process for zoning and concept plans.
Additionally, upon the Town's issuance of applicable permits and approvals, the Owner agrees to
proceed diligently with the construction and development of the Public Improvements under and
in accordance with the terms, provisions, and conditions stated in the applicable Subdividers
Agreement.
2.2 Phasing. The Parties acknowledge that the Property will be developed in phases, which
phases shall be determined by Owner. Owner may submit plats for all or any portion of the
Property in any sequence, at its option.
2.3 Preliminary Plats. Preliminary plats for all or a portion of the Property shall be in
conformance with the Concept Plan. Street and lot layout may vary from the Concept Plan
without the requirement of the submittal of a new Concept Plan, as provided in this Agreement.
2.4 Vested Rights. This Agreement shall constitute a "permit" (as defined in Chapter 245 of
the Texas Local Government Code) that is deemed filed with the Town on the Effective Date.
Such "permit" vests Owner with the right to develop the property in accordance with this
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Agreement, the PD Zoning and the Concept Plan, subject to the requirements of the Subdividers
Agreement. Owner does not, by entering into this Agreement, waive any rights or obligations
arising under Chapter 245 of the Texas Local Government Code or under any provision of law.
Similarly, the Town does not waive (a) any defenses it may have to such rights and claims by
Owner, or (b) any rights and claims existing under Chapter 245 of the Texas Local Government
Code or under any other provision of law.
ARTICLE III
DEVELOPMENT CHARGES
3.1 Plat Review Fees. Development of any portion of the Property shall be subject to
payment to the Town of the according to the Town's ordinances, including without limitation the
Schedule of Fees Ordinance adopted or amended from time to time by the Town Council and in
effect on the date of submittal of each plat application.
3.2 Inspection Fees. All improvements, whether Public Improvements defined herein or not,
are subject to payment to the Town of reasonable inspection fees and charges in accordance with
this Agreement, the Subdividers Agreement, and all applicable Town Ordinances, including
without limitation, the Inspection Fees.
3.3 Utility Fees. Within 90 days of the Town’s request for such payment, Owner shall pay
$540,000 to the Town to purchase water supply capacity and wastewater treatment capacity and
which the Town intends to acquire and operate for the benefit of the Property. The Town shall
charge each applicant for a residential builder permit in need of a 5/8” meter a fee of $2,300 for
such water and wastewater capacity.
3.4 Impact Fees. The Town will not levy any impact fees or other capital recovery fees other
than the Infrastructure Assessments levied pursuant to this Agreement and the Service and
Assessment Plan.
ARTICLE IV
DEVELOPMENT CONDITIONS
4.1 Subdividers Agreement. None of the terms and provisions of this Agreement shall be
construed or applied to limit, revise, or modify any of the obligations of the Owner under the
Subdividers Agreement.
4.2 Water and Wastewater Capacity. Before the Town levies the Assessments, the Town
shall enter into an agreement to secure water and wastewater capacity for development of the
Property. The Town shall use its best efforts to complete this agreement no later than May 2007.
4.3 Water Tower. Owner's engineers shall prepare and provide all contract specifications and
necessary related documents for construction of the Water Tower within 30 days after the
amount collect from the PID Bonds is deposited in the Construction Fund. After deposit of the
monies collected from the PID Bonds and within 30 days of the award of a contract for the
construction of the Water Tower, Owner shall deposit an amount equal to the contract price less
the amount collected from the PID Bonds for construction of the Water Tower. Assuming the
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Property will require 300,000 gallons of capacity, the Water Tower will be constructed with a
capacity of 500,000 gallons and an estimated construction cost of $950,000, the Parties would
expect the amount collect from the PID Bonds for construction of the Water Tower to be
$570,000, or 60% of the Water Tower Costs and Owner’s deposit into the Construction Fund for
the Water Tower to be $380,000 [$950,000 - $570,000 = $380,000]. Owner shall not be
responsible for cost overruns if the Town elects to construct the Water Tower with a capacity in
excess of 500,000 gallons.
4.4 Connector Road. Owner's engineers shall prepare and provide all contract specifications
and necessary related documents for construction of the Connector Road within 30 days after the
amount collect from the PID Bonds is deposited in the Construction Fund. After deposit of the
monies collected from the PID Bonds and within 30 days of the award of a contract for the
construction of the Connector Road, Owner shall deposit into the Construction Fund an amount
equal to the contract price less the amount collected from the PID Bonds less Denton County’s
contribution of $900,000 less Northwest Independent School District’s contribution of $900,000.
Owner is not obligated to construct that portion of the Connector Road that requires the
acquisition of land, rights-of-way or easements outside the Property until the Town and other
controlling jurisdictions acquire the needed rights-of-way.
ARTICLE V
PUBLIC IMPROVEMENT DISTRICT
5.1 Creation / New Owners. The creation, establishment, and continued operation of the
PID by the Town in accordance with this Agreement is a condition to Owner's continuing
obligations as set forth in this Agreement. Following execution of this Agreement, Owner shall
petition the Town, as provided for in the PID Act and this Agreement, for the creation of the PID
and the levy of an Infrastructure Assessment and a separate Services Assessment. If there are any
sales of the Property subsequent to the submission of the petition for the creation of the PID but
prior to the PIDs creation, such new owners must sign an additional petition requesting the
creation of the PID.
5.2 Levy of Assessments. Subject to and after Town Council approval of the creation of the
PID, the Owner, the Town and the Assessment Company, will work together to prepare the
Service and Assessment Plan providing for the levy of the Infrastructure Assessment and the
Services Assessment on the Property. The Service and Assessment Plan will provide that the
Town will levy and collect the Services Assessment on an annual basis. The Town agrees that
the cost of the Services Assessment levied against the Property will be equitably allocated such
that the owners or residents of the Property are not bearing a disproportionate burden of the costs
of such services. Promptly following completion of a Service and Assessment Plan acceptable to
Owner and Town and subject to Town Council making findings that the Public Improvements
and the Emergency Services confer a special benefit on the Property, the Town Council shall
consider an Infrastructure Assessment Ordinance, a Services Assessment Ordinance. The
Town shall use best efforts to initiate and approve all necessary documents and ordinances
required to effectuate this Agreement, to create the PID and to levy the assessments. The Owner
and the Assessment Company shall prepare the Service and Assessment Plan and develop the
Property consistent with the terms of this Agreement. Nothing contained in this Agreement shall
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be construed as creating a contractual obligation that controls, waives, or supplants the Town
Council's legislative discretion
5.3 Acceptance of Assessments and Recordation of Covenants Running with the Land.
Concurrently with the levy of the Infrastructure Assessment and the Services Assessment, the
Owner (and each other owner of any of the Property at the time of such levy) shall approve and
accept the levy of the Infrastructure Assessment and the Services Assessment in writing and shall
cause to be recorded against all of the Property, covenants running with the land that will bind
any and all current and successor owners of the Property to pay the Infrastructure Assessment
and the Services Assessment, with applicable interest thereon, as and when due and payable
thereunder and that the purchasers of such land take their title subject to and expressly assume
the terms and provisions of such assessments and the liens created thereby.
ARTICLE VI
PUBLIC IMPROVEMENTS
6.1 Public Improvements. The Public Improvements listed on Exhibit B, including any
Shared Cost Public Improvements, shall be updated by Owner consistent with the Service and
Assessment Plan and the PID Act and shall reflect those public improvements on each approved
final plat(s) for the Property as each final plat for each phase of the Property is approved by
Town Council. Owner shall include an updated Exhibit B with each final plat application
which shall be submitted to Town Council for consideration and approval concurrently with the
submission of each final plat. Upon approval by Town Council of an updated Exhibit B this
Agreement shall be deemed amended by such approved updated Exhibit B. The Public
Improvement Costs and the timetable for installation of the Public Improvements, will be
reviewed annually by the Parties in an annual update of the Service and Assessment Plan
adopted and approved by the Town.
6.2 Shared Cost Public Improvements/the Water Tower. Shared Cost Public Improvements
include, but are not limited to, the Water Tower. Upon full development of the Highlands at
Trophy Club residential community, the Property will require 300,000 gallons of water per day,
on average. The Town intends to construct the Water Tower on or near the Property for the
express purpose of storing water to supply to the Property and for surrounding properties within
the Town. The Water Tower shall be constructed with a minimum 500,000 gallons of capacity.
Because the Property will only benefit from a portion of the Water Tower capacity, the PID shall
fund only a percentage of the costs of acquisition and construction of the Water Tower in an
amount not to exceed that portion.
6.2 Construction, Ownership, and Transfer of Public Improvements.
(a) Construction Plans. Owner expects to complete construction of all Public
Improvements within three years of the issuance of the PID Bonds. Owner shall prepare
plans and specifications for each of the Public Improvements and submit them to the
Town for approval. The Town shall have 30 business days from its receipt of
construction and/or engineering plans, or any amendment to previously approved plans,
to approve or deny the plans; otherwise the plans are deemed approved.
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(b) Contract Award. The contracts for construction of Public Improvements shall be
let in the name of the Town. Owner's engineers shall prepare and provide all contract
specifications and necessary related documents. The costs of construction shall be paid
from PID bond funds in accordance with Exhibit B and the bond indenture.
(c) Construction Standards and Inspection. The Public Improvements shall be
constructed and inspected in accordance with applicable state law, Town ordinances,
building codes, the Bond Ordinance and other development requirements, including
those imposed by any other governing body or entity with jurisdiction over the Public
Improvements. At the Town's election, inspection of the Public Improvements to
confirm compliance with applicable requirements will be either by a third-party inspector
or in-house inspector selected by the Town. Such inspector shall be paid by the Town
from Inspection Fees collected by the Town.
(d) Competitive Bidding. This Agreement and construction of the Public
Improvements are anticipated to be exempt from competitive bidding pursuant to Texas
Local Government Code Section 252.022(a)(9) and 252.022(a)(11) based upon current
cost estimates. However, in the event that the actual costs for the Public Improvements
do not meet the parameters for exemption from the competitive bid requirement, then
either competitive bid or alternative delivery methods may be utilized by Town as
allowed by law.
(e) Ownership. All of the Public Improvements shall be owned by the Town. Owner
agrees to take any action reasonably required by the Town to transfer or otherwise
dedicate easements for the Public Improvements to the Town and the public. The Town
shall operate and maintain the Public Improvements.
ARTICLE VII
PID BONDS
7.1 PID Bond Issuance. The Town intends to issue PID Bonds solely for the purpose of
financing the costs of the Public Improvements and related costs (including Administrative
Expenses) and paying issuance costs and the cost of funding all reserves, accounts, and funds
required by the Bond Ordinance (including a capitalized interest account, a debt service reserve
fund and the Construction Fund. The Town and the Owner have determined and hereby agree
that the total estimated maximum aggregate costs of the Public Improvements is $___________
and that the estimated maximum aggregate principal amount of the Bonds is $25,000,000. By
July 1, 2007, the Town intends to submit to Town Council an agenda item to issue PID Bonds in
an amount up to but not to exceed the estimated maximum aggregate principal Bond amount of
$25,000,000, with a 30 year maturity.
LILA – Add limitation language for net effective rate
7.2 Bond Funds Deposited. Once the PID Bonds have been issued and the monies collected
from the sale of those PID Bonds, those monies shall be applied in the following order of
priority:
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First, to pay the costs of issuance, including all reasonable costs and expenses of the
Town (including administrative expenses incurred prior to closing of the Bonds) not
previously reimbursed by Owner, and any fees and expenses of the bond trustee, bond
counsel, underwriter's counsel, and counsel to the trustee;
Second, to pay the costs of funding all reserves, accounts and funds required by the Bond
Ordinance, including, but not limited to capitalized interest; and
Third, as a deposit into the Construction Fund created under the Bond Indenture.
The Bond Indenture shall provide that amounts on deposit in the Construction Fund shall be
applied first, to pay for the Shared Cost Public Improvements, and second, to pay for the other
Public Improvements. If funds remain in the Construction Fund after the completion of the
Public Improvements, then such funds shall thereafter be applied to pay or retire the PID Bonds.
7.3 Cost for Non Bank Qualified Bonds. Owner agrees to pay Town any additional cost
Town may incur in the issuance of the PID Bonds and / or in the issuance of other Town
obligations, whether prior to or after the execution of this Agreement because the PID Bonds or
other Town obligations are deemed non bank qualified as a result of the issuance of the PID
Bonds. The Town's Financial Advisor shall calculate such amount and the Town shall provide a
written invoice to Owner. Owner shall pay such costs to Town within thirty (30) days of the date
of Town's invoice.
ARTICLE VIII
PAYMENT OF PUBLIC IMPROVEMENTS
8.1 Construction Fund. On the date of issuance of the PID Bonds, the Town shall establish
the Construction Fund. The Construction Fund shall be maintained at a current depository bank
for Town funds and shall not be commingled with any other funds of the Town. The Town
acknowledges that the funds in the Construction Fund shall be dedicated solely to the payment of
Infrastructure Improvement Costs. The Construction Fund shall be administered and controlled
(including signatory authority) by the Town and funds in the Construction Fund shall be
deposited and disbursed in accordance with the terms of the Indenture. In the event of any
conflict between the terms of this Agreement and the terms of the Indenture relative to deposit
and/or disbursement, the terms of the Indenture shall control.
8.2 Cost Overrun. In advance of letting a contract for the Public Improvements, the Town
shall confirm the costs for construction of such Public Improvements is consistent with the
estimated cost provided on Exhibit B. If the total cost of the Public Improvements exceed by
more than 10 percent the estimate provided on Exhibit B or the total amount of monies
deposited in the Construction Fund, Owner shall be responsible for the remainder of the costs of
the Public Improvements. If the total Water Tower costs exceed the total amount of monies
deposited in the Construction Fund, Owner shall be responsible for the remainder of the costs of
the Water Tower. Prior to the award of the construction contract for the Water Tower, Owner
shall post an irrevocable letter of credit in favor of Town in the amount of $250,000 as security
for the obligation imposed by this section. The letter of credit shall be in form acceptable to and
approved by the Town.
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8.3 Remainder For Public Improvements. If funds remain in the Construction Fund after the
completion of the Infrastructure Improvements and the payment of all Infrastructure
Improvement Costs pursuant to the terms of this Agreement, then such funds shall thereafter be
the exclusive property of the Town and shall be used by the Town for the purpose of paying or
retiring the PID Bonds.
ARTICLE X
TERM
The term of this Agreement shall be the greater of: (a) the period during which PID Bonds
remain outstanding, or (b) for as long as MUD 1 and/or MUD 2 exist and continues to pay a fee
for Emergency Services to the Town.
ARTICLE XI
EVENTS OF DEFAULT; REMEDIES
11.1 Events of Default. No Party shall be in default under this Agreement until notice of the
alleged failure of such Party to perform has been given in writing (which notice shall set forth in
reasonable detail the nature of the alleged failure) and until such Party has been given a
reasonable time to cure the alleged failure (such reasonable time to be determined based on the
nature of the alleged failure, but in no event more than thirty (30) days after written notice of the
alleged failure has been given). Notwithstanding the foregoing, no Party shall be in default
under this Agreement if, within the applicable cure period, the Party to whom the notice was
given begins performance and thereafter diligently and continuously pursues performance until
the alleged failure has been cured. Notwithstanding the foregoing, however, a Party shall be in
default of its obligation to make any payment required under this Agreement if such payment is
not made within twenty days after it is due.
11.2 Remedies. If a Party is in default, the aggrieved Party may, at its option and without
prejudice to any other right or remedy under this Agreement, seek any relief available at law or
in equity, including, but not limited to, an action under the Uniform Declaratory Judgment Act,
or actions for specific performance, mandamus, or injunctive relief. NOTWITHSTANDING
THE FOREGOING, HOWEVER, NO DEFAULT UNDER THIS AGREEMENT SHALL
ENTITLE THE AGGRIEVED PARTY TO TERMINATE THIS AGREEMENT. In addition to
the aforementioned remedies, if the Owner is in default under this Agreement the Town shall
have the right to withhold approval of any final plat or disallow any additional meter installation
with respect to the land covered by such final plat, which delay in approval may extend until the
Owner's default has been cured. The remedies set forth in this section are the sole and exclusive
remedies for a default under this Agreement. This provision shall be sufficient evidence of
Owner's waiver of any statutory approval periods as specified in the Chapter 212 of the Texas
Local Government Code, as amended.
11.3 Governmental Powers; Waivers of Immunity. By its execution of this Agreement, the
Town does not waive or surrender any of its governmental powers, immunities, or rights except
as follows:
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(a) The Town waives its governmental immunity from suit and immunity from
liability as to any action brought by a Party to pursue the remedies available under this
Agreement, but only to the extent necessary to pursue such remedies. Nothing in this
section shall waive any claims, defenses or immunities that the Town has with respect to
suits against the Town by persons or entities other than a Party to this Agreement.
(b) Nothing in this Agreement is intended to delegate or impair the performance by
the Town of its governmental functions, and the Town waives any claim or defense that
any provision of this Agreement is unenforceable on the grounds that it constitutes an
impermissible delegation or impairment of the Town's performance of its governmental
functions.
(c) The Town waives its governmental immunity from suit and immunity from
liability as to any action brought by Owner resulting from Owner's payment for or
construction of the Public Improvements or EMS because this Agreement is a contract
subject to Texas Local Government Code Chapter 271, Subchapter I.
(d) By this Agreement, the Parties expressly authorize the prevailing party of any
adjudication of a legal claim to recover its reasonable and necessary attorney's fees
pursuant to Texas Local Government Code Chapter 271.159.
ARTICLE XII
ASSIGNMENT AND ENCUMBRANCE
12.1 Assignment. This Agreement is made solely for t he benefit of the Town and the Owner, and i s not assignable except as follows: (a) the Owner may, without further consent or acknowledgement of the Town, pledge its rights hereunder to any l ender or financial institution lending funds rel ated to the Property; (b) the Owner may, wi t hout the consent or acknowledgement of the Town, assign its interest to a related entity that is an entity that is controlled or under common cont rol with Owner so long as no other i nt erest in this Agreement shall be created for an unrelated third party; and (c) the Owner may, with the prior written consent of the Town (which consent shall be considered by the Town in good faith based upon financial and performance criteri a, and whi ch shall not be unreasonably wi t hhel d, condit i oned or del ayed), otherwise assign its interest, in whole or i n part in this Agreement t o any person or entity that is or will become an owner of any portion of the Property. This Agreement may not be assi gned by the Town. No ot her person shall acquire or have any ri ght hereunder or by vi rtue hereof. Notwithstanding the foregoing, however, this Agreement shall
continue to bind the Property and shall survive any transfer, conveyance, or assignment
occasioned by the exercise of foreclosure or other rights by a lender, whether judicial or non-
judicial. Any purchaser from or successor owner through a lender of any portion of the Property
shall be bound by this Agreement and shall not be entitled to the rights and benefits of this
Agreement with respect to the acquired portion of the Property until all defaults under this
Agreement with respect to the acquired portion of the Property have been cured.
12.2 Encumbrance by Town. The Town shall not collaterally assign, pledge, grant a lien or
security interest in, or otherwise encumber any of its rights, title, or interest under this
Agreement without Owner's prior written consent.
12.3 Assignees as Parties. An Assignee approved or authorized in accordance with this
Agreement shall be considered a "Party" for the purposes of this Agreement.
ARTICLE XIII
RECORDATION AND ESTOPPEL CERTIFICATES
13.1 Binding Obligations. This Agreement and all amendments hereto (including amendments
to the Concept Plan as allowed in this Agreement) and assignments hereof shall be recorded in
the Real Property Records of Denton County. This Agreement, when recorded, shall be binding
upon the Parties and their successors and assigns permitted by this Agreement and upon the
Property; however, this Agreement shall not be binding upon, and shall not constitute any
144
encumbrance to title as to, any End-Buyer of a Fully Developed and Improved Lot except for
land use and development regulations that apply to such lots.
13.2 Estoppel Certificates. From time to time upon written request of Owner or any future
owner, and upon the payment of the Estoppel Fees, the Town manager or his/her designee will,
in his official capacity and to his best knowledge and belief, execute a written estoppel certificate
identifying any obligations of Owner under this Agreement that are in default or, with the giving
of notice or passage of time, would be in default; and stating, to the extent true, that to the best
knowledge and belief of the Town, Owner or future owner is in compliance with its duties and
obligations under this Agreement.
ARTICLE XIV
ADDITIONAL PROVISIONS
14.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the
Effective Date; (b) form the basis upon which the Parties negotiated and entered into this
Agreement; (c) are legislative findings of the Town Council of the Town; and (d) reflect the final
intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes
necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by
the recitals, shall be taken into consideration and, to the maximum extent possible, given full
effect. The Parties have relied upon the recitals as part of the consideration for entering into this
Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered
into this Agreement.
14.2 Notices. All Notices shall be in writing, shall be signed by or on behalf of the Party
giving the Notice, and shall be effective as follows: (a) on or after the 10th business day after
being deposited with the United States mail service, Certified Mail, Return Receipt Requested
with a confirming copy sent by FAX; (b) on the day delivered by a private delivery or private
messenger service (such as FedEx or UPS) as evidenced by a receipt signed by any person at the
delivery address (whether or not such person is the person to whom the Notice is addressed); or
(c) otherwise on the day actually received by the person to whom the Notice is addressed,
including, but not limited to, delivery in person and delivery by regular mail or by E-mail (with a
confirming copy sent by FAX). All Notices given pursuant to this section shall be addressed as
follows:
To the Town: Town of Trophy Club
Attn: Town Manager
Brandon Emmons
100 Municipal Drive
Trophy Club, Texas 76262
FAX: 817-491-9232
E-mail: bemmons@ci.trophyclub.tx.us
145
With a copy to: Town of Trophy Club
Attn: Town Attorney
Patricia Adams
100 Municipal Drive
Trophy Club, Texas 76262
FAX: 817-491-9312
padams@ci.trophyclub.tx.us
With a copy to: Vinson & Elkins
Attn: Lila Marsh, Bond Counsel
Trammel Crow Center
2001 Ross Avenue, Suite 3700
Dallas, Texas 75201
Email: lmarsh@velaw.com
To Owner: Centurion American Development Group
Attn: Mehrdad Moayedi
3901 W. Airport Freeway, Suite 200
Bedford, Texas 76021
FAX: 817-391-2501
E-mail: laura@centurionamerican.com
With a copy to: Misty Ventura
Hughes & Luce LLP
1717 Main Street Suite 2800
Dallas Texas 75201
FAX: 214-939-5849
E-mail: misty.ventura@hughesluce.com
14.3 Interpretation. The Parties acknowledge that each has been actively involved in
negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be
resolved against the drafting Party will not apply to interpreting this Agreement. In the event of
any dispute over the meaning or application of any provision of this Agreement, the provision
will be interpreted fairly and reasonably and neither more strongly for nor against any Party,
regardless of which Party originally drafted the provision.
14.4 Authority and Enforceability. The Town represents and warrants that this Agreement has
been approved by ordinance or resolution duly adopted by the Town Council of the Town in
accordance with all applicable public notice requirements (including, but not limited to, notices
required by the Texas Open Meetings Act) and that the individual executing this Agreement on
behalf of the Town has been duly authorized to do so. Owner represents and warrants that this
Agreement has been approved by appropriate action of Owner, and that the individual executing
this Agreement on behalf of Owner has been duly authorized to do so. Each Party acknowledges
and agrees that this Agreement is binding upon such Party and enforceable against such Party in
accordance with its terms and conditions.
146
14.5 Entire Agreement; Severability. This Agreement constitutes the entire agreement
between the Parties and supersedes all prior agreements, whether oral or written, covering the
subject matter of this Agreement. This Agreement shall not be modified or amended except in
writing signed by the Parties. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision
shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent
possible and upon mutual agreement of the parties, be rewritten to be enforceable and to give
effect to the intent of the Parties; and (c) the remainder of this Agreement shall remain in full
force and effect and shall be interpreted to give effect to the intent of the Parties.
14.6 Applicable Law; Venue. This Agreement is entered into pursuant to, and is to be
construed and enforced in accordance with, the laws of the State of Texas, and all obligations of
the Parties are performable in Denton County. Exclusive venue for any action to enforce or
construe this Agreement shall be in Denton County District Court.
14.7 Non Waiver. Any failure by a Party to insist upon strict performance by another Party of
any material provision of this Agreement shall not be deemed a waiver thereof, and the Party
shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by writing
signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes
for which it is given. No waiver by any Party of any term or condition of this Agreement shall
be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
14.8 Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original and constitute one and the same instrument.
14.9 Further Documents. The parties agree that at any time after execution of this Agreement,
they will, upon request of another party, execute and deliver such further documents and do such
further acts and things as the other party may reasonably request in order to effectuate the terms
of this Agreement. This provision shall not be construed as limiting or otherwise hindering the
legislative discretion of the Town Council seated at the time that this Agreement is executed or
any future Town Council.
14.10 Exhibits. The following Exhibits are attached to this Agreement and are incorporated
herein for all purposes:
Exhibit A Description and Depiction of the Property
Exhibit B List of Public Improvements
Exhibit C Infrastructure Assessment Chart
14.11 Costs and Expenses. Owner agrees that it will pay all of the Town's costs and expenses
(including legal fees and financial advisory fees) related to the PID, including the Town's
overhead costs and expenses. The Town's advisors shall submit to the Town, on a monthly
statement, their fees relating to the establishment and administration of the PID, including legal
fees relating to the development and review of the Assessment Plan. The Owner will pay these
fees on behalf of the Town on a monthly basis. All fees of legal counsel related to the issuance
147
of the Bonds, including fees for the preparation of customary bond documents and the obtaining
of Attorney General approval for the Bonds, will be paid at closing from proceeds of the Bonds
in accordance with the Town's customary arrangements with bond counsel. In addition there
shall be levied, as part of the infrastructure assessment, an administrative assessment which shall
be paid annually to the Town to compensate the Town for its costs and expenses of administering
and operating the PID.
14.12 Homebuyer Disclosures. Owner shall comply with the Home Buyer Disclosure Program
adopted by Assessment Company and shall deed restrict the Property in a manner that obligates
all subsequent individuals, corporations or other entities who purchase the Property or a portion
thereof to comply with such Home Buyer Disclosure Program. Owner shall provide Town with
written documentation that Owner has complied with this provision.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
148
Executed by Owner and the Town to be effective on the Effective Date.
TOWN OF TROPHY CLUB,
DENTON COUNTY, TEXAS
By:
Nick Sanders, Mayor
ATTEST:
By:
Name:
Title:
STATE OF TEXAS §
§
COUNTY OF DALLAS §
Before me, the undersigned authority, on this day personally appeared Nick Sanders,
Mayor of the Town of Trophy Club, Denton County, Texas, a home rule city, and acknowledged
to me that he executed the same on behalf of said Town.
Notary Public in and for the State of Texas
149
TROPHY 831, L.P.,
a Texas limited partnership
By: MMM Ventures, LLC,
its general partner
By:
Mehrdad Moayedi, its Managing Partner
STATE OF TEXAS §
§
COUNTY OF DALLAS §
Before me, the undersigned authority, on this day personally appeared Mehrdad Moayedi,
Managing Partner of MMM Ventures, LLC, general partner of Trophy 831, L.P., a Texas limited
partnership, and acknowledged to me that he executed the same on behalf of said limited
partnership.
Notary Public in and for the State of Texas
150
EXHIBIT A
Description and Depiction of the Property
151
EXHIBIT B
List of Public Improvements
Trophy Club Public Improvement District No. 1
Project List
Engineer's Opinion of Probable Costs
1. THOROUGHFARE IMPROVEMENTS COST
TROPHY CLUB DRIVE & MARSHALL CREEK EAST- PHASE 1 IMPROVEMENTS $3,230,000.00
TROPHY CLUB DRIVE & MARSHALL CREEK EAST- PHASE 2 IMPROVEMENTS $1,430,000.00
MARSHALL CREEK ROAD WEST IMPROVEMENTS $870,000.00
INTERSECTION IMPROVEMENTS-PHASE 1 $150,000.00
INTERSECTION IMPROVEMENTS-PHASE 2 $450,000.00
SUB-TOTAL THOROUGHFARE IMPROVEMENTS: $6,130,000.00
2. WATER DISTRIBUTION SYSTEM
12"/16" WATER LINE LOOP $1,070,000.00
MARSHALL CREEK WEST-12" WATER LINE TO ELEVATED TANK SITE [$270,000.00]
ELEVATED WATER TANK [$570,000.00*]
SUB-TOTAL WATER DISTRIBUTION SYSTEM: $1,910,000.00
3. WASTEWATER COLLECTION SYSTEM
SANITARY SEWER LINE WITHIN TROPHY CLUB DRIVE $530,000.00
OFFSITE SEWER LINE TO TREATMENT PLANT $610,000.00
SUB-TOTAL WASTEWATER COLLECTION SYSTEM: $1,140,000.00
4. THOROUGHFARE LANDSCAPING
TROPHY CLUB DRIVE STREETSCAPE AND MEDIAN LANDSCAPING $920,000.00
TROPHY CLUB DRIVE SIDEWALK $400,000.00
TROPHY CLUB DRIVE IRRIGATION $70,000.00
IRRIGATION WELL $250,000.00
TROPHY CLUB DRIVE DECORATIVE MASONRY SCREENING WALL $400,000.00
MARSHALL CREEK ROAD EAST THIN SCREENING WALL $150,000.00
DEVELOPMENT SIGNATURE MONUMENT (TOWER) $75,000.00
NEIGHBORHOOD ENTRY FEATURES (10 ENTRIES) $250,000.00
SUB-THOROUGHFARE LANDSCAPING: $2,515,000.00
5. TRAIL IMPROVEMENTS $640,000.00*
6. PUBLIC PARKS AND OPEN SPACE
NORTHWEST PARK POOL ADDITIONS $1,000,000.00
NORTHWEST PARK IMPROVEMENTS $1,300,000.00
NORTHEAST SPLASH PARK AND PAVILION $100,000.00
NORTHEAST PARK IMPROVEMENTS $25,000.00
NORTHEAST PARK PARKING LOT $50,000.00
SUB-TOTAL PARKS AND OPEN SPACE: $2,475,000.00
7. PARK AND VILLAGE CENTER DRAINAGE IMPROVEMENTS $1,925,000.00
8. ACQUISITION OF PUBLIC PROPERTY
R.O.W. ACQUISITION (APPROX 25 ACRES) [$1,125,000.00]
PARK ACQUISITION (APPROX 29 ACRES) $1,065,000.00
FLOWAGE EASEMENT ACQUISITION (APPROX 100 ACRES) $1,500,000.00*
SUB-TOTAL LAND ACQUISITION: $3,690,000.00
152
9. CONTINGENCY $1,000,000.00
COMPREHENSIVE PROJECT COST: $21,675,000.00
SUMMARY
1. THOROUGHFARE IMPROVEMENTS $6,130,000.00
2. WATER DISTRIBUTION SYSTEM $1,910,000.00
3. WASTEWATER COLLECTION SYSTEM $1,140,000.00
4. THOROUGHFARE LANDSCAPING $2,515,000.00
5. TRAIL IMPROVEMENTS $640,000.00
6. PUBLIC PARKS AND OPEN SPACE $2,475,000.00
7. PARK AND VILLAGE CENTER DRAINAGE IMPROVEMENTS $1,925,000.00
8. ACQUISITION OF PUBLIC PROPERTY $3,690,000.00
9. CONTINGENCY $1,000,000.00
COMPREHENSIVE PROJECT COST: $21,675,000.00
Notes:
1. TROPHY CLUB DRIVE STREETSCAPE AND MEDIAN LANDSCAPING INCLUDES TREES,
SHRUBS, GROUND COVER, 12"-16" STONE WALLS WITHIN THE MEDIAN PLANTING BED
AND MASONRY COLUMNS IN THE MEDIANS AND ALONG THE SLIP ROADS
2. DEVELOPMENT SIGNATURE MONUMENT AND EACH ENTRY MONUMENT INCLUDES SIGN
WALL, LETTERING, LIGHTING, PLANTING AND ADJACENT DECORATIVE MASONRY
SCREENING WALL ALONG TROPHY CLUB DRIVE.
3. ACCESS ROAD TO HWY 377 DOES NOT INCLUDE LAND ACQUISITION OR LANDSCAPING
COSTS.
4. 12" WATER LINE FROM MARSHALL CREEK TO THE ELEVATED TANK SIZED FOR
DEVELOPMENT ONLY. THE TOWN MAY CONSIDER OVER-SIZING WATER LINE. COST FOR
OVER-SIZING IS NOT INCLUDED.
5. NORTHWEST ISD COST SHARE FOR MARSHALL CREEK WEST CORRESPONDS TO A 2 LANE
SECTION ALONG THE SCHOOL PROPERTY. THE SCHOOL DISTRICT HAS NOT AGREED TO
THE COST SHARE AMOUNT AT THIS TIME.
6. ACQUISITION OF PUBLIC PROPERTY SUBJECT TO APPRAISAL.
7. COST SHARE SHOWN FOR NORTHWEST ISD IS PROPOSED AND PENDING NORTHWEST ISD
APPROVAL.
*COST PROVIDED BY DEVELOPER
153
EXHIBIT C
Infrastructure Assessment Chart
Square footage of residential
lots
Total Infrastructure
Assessment
Annual Installment Payment
of Infrastructure Assessment
Greater than 12,000 $1,658
Between 12,000 and 10,000 $1,268
Between 10,000 and 8,400 $1,034
Between 8,400 and 7,200 $878
Between 7,200 and 2,500 $527
154
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.D.14
Discuss and take appropriate action appointing a Town Council Water and
Wastewater contracting subcommittee.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(BE)
Attachments: 1. None
155
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.D.15
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1.List
156
Items for Future Agendas
1. Discuss and take appropriate action relative to an Ordinance amending Chapter 8 of the Code of
Ordinances of the Town, entitled "Nuisances", to address standing or stagnant water.
2. Ordinance to remove uninsured vehicles from the streets of Trophy Club by impounding the
vehicle until the vehicle is properly insured and inspected. (3/5)
3. Ordinance to impound any vehicle that is being driven on the streets of Trophy Club when the
driver does not have a current or valid Drivers License. (3/5)
4. Discuss and take appropriate action regarding Trophy Club Public Improvement District #1
Agreement.
5. Discuss and take appropriate action relative to an Ordinance amending Chapter 8 of the Code of
Ordinances of the Town, entitled "Nuisances", Article III, entitled "Weeds", amending Section
3.01, entitled "Unlawful to Permit Weeds, Grass or any other Plant to Grow Higher than Twelve
Inches."
6. Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws.
7. Review of the Property Maintenance Ordinance.
8. Discuss and take appropriate action regarding an Ordinance amending Chapter 14 entitled
"Design Standards", Figures 1-7, 1-8 and 1-9 of Section 1 entitled "Roadway Design" of the Code
of Ordinances of the Town.
9. Discussion about storm water discharge from pools.
10. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and
consideration of improvements for area to create a linear park.
11. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance
establishing the Town's Emergency Management System.Discuss and take appropriate action
relative to an Ordinance amending Chapter 8 of the Code of Ordinances of the Town, entitled
"Nuisances", to address standing or stagnant water.
12. Ordinance to remove uninsured vehicles from the streets of Trophy Club by impounding the
vehicle until the vehicle is properly insured and inspected. (3/5)
13. Ordinance to impound any vehicle that is being driven on the streets of Trophy Club when the
driver does not have a current or valid Drivers License. (3/5)
14. Discuss and take appropriate action regarding Trophy Club Public Improvement District #1
Agreement.
15. Discuss and take appropriate action relative to an Ordinance amending Chapter 8 of the Code of
Ordinances of the Town, entitled "Nuisances", Article III, entitled "Weeds", amending Section
3.01, entitled "Unlawful to Permit Weeds, Grass or any other Plant to Grow Higher than Twelve
Inches."
16. Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws.
17. Review of the Property Maintenance Ordinance.
18. Discuss and take appropriate action regarding an Ordinance amending Chapter 14 entitled
"Design Standards", Figures 1-7, 1-8 and 1-9 of Section 1 entitled "Roadway Design" of the Code
of Ordinances of the Town.
19. Discussion about storm water discharge from pools.
20. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and
consideration of improvements for area to create a linear park.
21. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance
establishing the Town's Emergency Management System.
157
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.D.16
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
158
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.E.1
Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071
(a) & (b) "Consultation with Attorney", the Council will enter into executive session
to discuss the following:
(A) Consultation with Town Attorney on a matter in which the duty of the
Attorney to the Governmental Body under the Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act
(551.071 (b)).
(1) Legal Advice relative to the Highlands at Trophy Club Development and
Public Improvement District Agreement
159
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.F.1
Discuss and take appropriate action relative to Executive Session Item Number E1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
160
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-19-2007
Subject: Agenda Item No.F.2
Adjourn.