Agenda Packet TC 01/08/2007 1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, January 8, 2007
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.4 Discuss and take appropriate action regarding a Proclamation recognizing Honorable Jim Carter
for his service as a Denton County Commissioner.
A.5 Citizen presentations: this is an opportunity for citizens to address the Council on any matter
whether or not it is posted on the agenda. The Council is not permitted to take action on or
discuss any presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the Council
addressing those items.
B.1 Consent Agenda: Discuss and take appropriate action regarding an Ordinance amending Chapter
10 of the Code of Ordinances entitled "Public Safety " by amending Article 12, previously entitled
"Registered Sex Offenders" to Article 13, providing for the creation of a Fire Marshal's Office.
C.1 EDC 4B call to order and announce a quorum.
C.2 Town Council and EDC 4B to discuss and consider the expenditure of EDC 4B funds to contract
with the Buxton Group for psychographic profiling for the Town of Trophy Club
C.3 EDC 4 B to adjourn.
D.1 Discuss and take appropriate action regarding the expenditure of EDC 4B funds to contract with
the Buxton Group for psychographic profiling of the Town of Trophy Club
D.2 Discuss and take appropriate action regarding a Resolution repealing Resolution No. 2005-20
establishing guidelines and criteria for tax abatements and adopting new guidelines and criteria
for tax abatements entitled "Town of Trophy Club, Texas Policy Statement for Tax Abatement
(2007)"
D.3 Discuss and receive input regarding the potential creation of a reinvestment zone and the
boundaries of the zone.
D.4 Discuss and take appropriate action to approve the financials and variance report dated
November 2006.
D.5 Items for Future Agenda.
D.6 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.
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E.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-8-2007
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: 1-8-2007
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-8-2007
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-8-2007
Subject: Agenda Item No.A.4
Discuss and take appropriate action regarding a Proclamation recognizing Honorable Jim
Carter for his service as a Denton County Commissioner.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Mayor Sanders)
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 RECOGNIZE TROPHY CLUB RESIDENT, HONORABLE JIM CARTER
FOR HIS EIGHT YEARS of SERVICE AS A DENTON COUNTY COMMISSIONER OF
PRECINCT 4.
WHEREAS, Honorable Jim Carter has served tirelessly as a Denton County Commissioner for
two consecutive terms, a total of eight years; and
WHEREAS, as a County Commissioner, the Honorable Jim Carter was responsible for
construction and maintenance of County roads and responsive to the particular needs of people living
within Precinct 4 such as, setting the tax rate and adopting the County budget, establishing voting
precincts, appointing precinct judges and calling County bond elections, building, maintaining and
improving County facilities, including jails and providing for veterans assistance; and
WHEREAS, the Honorable Carter’s sphere of influence and activities has reached far beyond the
Commissioner’s Court into numerous community service programs, thereby making a major contribution
to our community; and
WHEREAS, these years have been marked by dedicated service to our community as the
Honorable Jim Carter served as a Denton County Commissioner, Trophy Club Mayor for 14 years and
Chairman or member of the following: Veterans Advisory Board, Denton County Bail Bond Board,
Facilities Master Plan Steering Committee, Medical Examiner Committee, County Judges and
Commissioners Association of Texas, North and East County Judges and Commissioners Association
and Texas Association of Counties; and
WHEREAS, the Town of Trophy Club is fortunate to have dedicated residents who willingly share
their time and knowledge to help benefit the needs of Trophy Club residents;
NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club desires to recognize and thank the Honorable Jim
Carter for his dedication and commitment helping to make Trophy Club a great place to call home and
recognize that his accomplishments are a source of high community pride and significant positive
recognition for our Town.
Section 2. That this Proclamation shall become effective from and after its date of passage
in accordance with law.
Passed and approved by the Town Council of the Town of Trophy Club, Texas, this 8th day of
January, 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: 1-8-2007
Subject: Agenda Item No.A.5
Citizen presentations: this is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda. The Council is not permitted to take
action on or discuss any presentations made to the Council at this time concerning an
item not listed on the agenda. The Council will hear presentations on specific agenda
items prior to the Council addressing those items.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-8-2007
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action regarding an Ordinance amending
Chapter 10 of the Code of Ordinances entitled "Public Safety " by amending Article 12,
previously entitled "Registered Sex Offenders" to Article 13, providing for the creation of
a Fire Marshal's Office.
EXPLANATION:
Ordinance No. 2006-48 was adopted on November 20, 2006 and provided for the creation of a Fire
Marshal’s Office. Since the adoption of Ordinance No. 2006-48, a clerical error was discovered whereby
the designation of Article XII, “Fire Marshal” was improperly numbered. Having discovered the error it is
necessary to adopt this Ordinance with the correctly numbered Article designation as Chapter 10, Article
XIII, entitled “Fire Marshal
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Ordinance
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007 -
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING THE CODE
OF ORDINANCES OF THE TOWN OF TROPHY CLUB BY AMENDING CHAPTER 10,
ENTITLED “PUBLIC SAFETY”, TO CORRECT A CLERICAL ERROR AND
RENUMBER ARTICLE XII, ENTITLED “FIRE MARSHAL” TO ARTICLE XIII, “FIRE
MARSHAL”; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING
FOR THE ADOPTION OF ARTICLE XIII OF CHAPTER 10 BY PROVIDING FOR THE
CREATION OF A FIRE MARSHAL’S OFFICE; BY PROVIDING STANDARDS;
SETTING FORTH THE AUTHORITY AND DUTIES OF THE FIRE MARSHAL;
PROVIDING THE DUTIES OF ARSON INVESTIGATORS; PROVIDING FOR THE
CREATION OF AN ARSON INVESTIGATOR RESERVE FORCE; PROVIDING A
SAVINGS AND REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2006-48 was adopted on November 20, 2006 and provided for the
creation of a Fire Marshal’s Office for the Town of Trophy Club (hereinafter referred to as “Town”); and
WHEREAS, since the adoption of Ordinance No. 2006-48, a clerical error was discovered
whereby the designation of Article XII, “Fire Marshal” was improperly numbered; and
WHEREAS, having discovered such error, the Town Council now finds it necessary to adopt this
Ordinance with the correctly numbered Article designation as Chapter 10, Article XIII, entitled “Fire
Marshal”; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and made a
part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01. Chapter 10, entitled “Public Safety”, of the Code of Ordinances of the Town of Trophy Club
is hereby amended to revise the adoption of Article XII, entitled “Fire Marshal”, to read in its
entirety as follows:
“Article XIII – Fire Marshal
13.01
Creation of Fire Marshal’s Office
There is hereby created a Fire Marshal’s Office for the Town of Trophy Club, Texas, at the head
of which shall be the Fire Marshal. The Fire Marshal’s Office shall be composed of the Fire Marshal,
Arson Investigators, and other employees as the Town may provide.
13.02
Standards
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No person shall be certified as a Fire Marshal or Reserve or full-time Arson Investigator
until such person has complied with all requirements established by the State of Texas for peace
officers and by the Town acting through the Fire Marshal.
13.03
Fire Marshal – Authority and Duties
A. The Fire Marshal shall be the chief law enforcement officer for the Fire Marshal’s Office and chief
arson investigator and fire code enforcement officer for the Town. He or she shall:
(i) organize and administer the Fire Marshal’s Office in conformity with the ordinances of the
Town and the Constitution and laws of the State of Texas and the United States;
(ii) have immediate direction and control of the Fire Marshal’s Office, subject to the
supervision of the Town Manager and such rules, regulations and orders as the Town
Manager may prescribed;
(iii) consistent with policies and procedures established by the Town Manager, the Fire
Marshal shall promulgate all orders, rules and regulations for government of the Fire
Marshal’s Office;
(iv) appoint and discipline Reserve or full-time Arson Investigators and other employees of
the Fire Marshal’s Office, who shall serve at his or her discretion, consistent with the
Town’s Personnel Policies and Procedures where applicable;
(v) have the same powers in the Town as the Sheriff of Denton County for the prevention
and suppression of crime, the arrest of offenders, the taking of bail and the execution of
arrest warrants, search warrants and other writs; and
(vi) be responsible for all arson investigations and fire code enforcement services and
perform such other duties as may be required by the Town Manager.
B. The Fire Marshal shall be appointed by the Town Manager and shall serve at the pleasure of the
Town Manager who may terminate his or her services at any time consistent with the Town’s Personnel
Polices and Procedures, where applicable.
13.04
Duties of Arson Investigators
A. The Fire Marshal and all Reserve or full-time Arson Investigators of the Fire Marshal’s Office shall
be, and they are hereby vested with all the power and authority given to them as peace officers under the
laws of the state, the federal law, and the ordinances and regulations of the Town and it shall be the duty
of each such officer:
(i) to use his or her best endeavors to prevent the commission within the Town of offenses
against the laws of the state, the federal government; and against the ordinances and
regulations of the Town;
(ii) to observe and enforce all such laws, ordinances and regulations;
(iii) to detect and arrest offenders against the same; and
(iv) to preserve the public peace, health and safety.
B. All peace officers shall execute any criminal warrant, warrants of arrest, any writ, subpoenas or
other process that may be placed in their hands by duly constituted authorities.
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13.05
Arson Investigator Reserve Force
A. There is hereby created an auxiliary arson investigation force to be known as the Arson
Investigator Reserve Force.
B. The Fire Marshal shall be the head of the Arson Investigator Reserve Force, and the members of
the reserve shall be under the authority, control and command of the Fire Marshal subject to all provisions
of the ordinances of the Town and laws of this state. The Fire Marshal may, by order, establish rules and
regulations to govern the Arson Investigator Reserve Force, to fix specific duties of its members and to
provide for the maintenance of discipline. He or she may change such orders from time to time, and may
command members of the Arson Investigator Reserve Force to obey the instructions of regular Arson
Investigators in carrying out their orders.
C. Members of the Arson Investigator Reserve Force shall comply with the standards as set forth by
the Texas Commission on Law Enforcement Officer Standards and Education prior to appointment.
Additional standards may be set by the Fire Marshal.
D. The duties of the Arson Investigator Reserve Force, subject at all times to the direction,
supervision and control of the Fire Marshal, shall be to assist the regular members of the Fire Marshal’s
Office in the enforcement of law and maintenance of peace and order during period of emergencies
designated by the Fire Marshal. All members of the Arson Investigator Reserve Force shall be subject to
all rules, polices and regulations governing the conduct and operations of regular Arson Investigators.
The Fire Marshal may prescribe other duties than those mentioned herein to be performed by the Arson
Investigator Reserve Force.
E. Members of the Arson Investigator Reserve Force shall be appointed by the Fire Marshal, to
serve at his or her discretion, and any member may resign from the Arson Investigator Reserve Force at
any time, but it shall be his or her duty to notify the Fire Marshal of his or her resignation.”
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting
enforcement of the Fire Code, arson investigation and all matters related to the Office of Fire Marshall for
the Town, and shall not repeal any of the provisions of such Ordinances except in those instances where
provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such
Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force
and effect. 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 of the Ordinance
despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
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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 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with law, and it
is so ordained.
DULY PASSED AND APPROVED this the 8th day of January, 2007
___________________________________
Mayor, Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary, Town of Trophy Club, Texas
APPROVED AS TO FORM:
_____________________________________
Town Attorney, Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-8-2007
Subject: Agenda Item No.C.1
EDC 4B call to order and announce a quorum.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-8-2007
Subject: Agenda Item No.C.2
Town Council and EDC 4B to discuss and consider the expenditure of EDC 4B funds to
contract with the Buxton Group for psychographic profiling for the Town of Trophy Club
EXPLANATION:
EDC4-B by unanimous vote has recommended the approval and funding of the attached proposal.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Proposal
2. References
3. New York Post Article
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-8-2007
Subject: Agenda Item No.C.3
EDC 4 B to adjourn.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1.None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-8-2007
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding the expenditure of EDC 4B funds to
contract with the Buxton Group for psychographic profiling of the Town of Trophy Club
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-8-2007
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding a Resolution repealing Resolution No.
2005-20 establishing guidelines and criteria for tax abatements and adopting new
guidelines and criteria for tax abatements entitled "Town of Trophy Club, Texas Policy
Statement for Tax Abatement (2007)"
EXPLANATION:
The Council passed a Resolution approving tax abatement guidelines in August of 2005. The attached
document repeals the August 2005 Resolution and adopts new guidelines which are the same in all
respects except that definitions and a tax abatement schedule recommended by EDC 4B have been
included. The additions have been highlighted in yellow for your review and consideration.
Because Tax Abatement Guidelines are effective for 2 years from the date of their passage, and this
amendment is proposed prior to the expiration of the 2 year term, a three fourths vote of Council is
required to pass this Resolution repealing and adopting new guidelines.
Attachments: 1. Resolution
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2007-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS REPEALING RESOLUTION NO. 2005-20 APPROVING GUIDELINES AND
CRITERIA FOR TAX ABATEMENTS AND ADOPTING A NEW RESOLUTION
APPROVING GUIDELINES AND CRITERIA ENTITLED “TOWN OF TROPHY CLUB,
TEXAS POLICY STATEMENT FOR TAX ABATEMENT (2007)” AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a Home Rule municipality incorporated under the
Constitution and the laws of the State of Texas; and
WHEREAS, the Town Council desires to stimulate continued economic growth in the Town of
Trophy Club, while preserving the values and existing assets that provide the quality of life our residents
have come to enjoy; and
WHEREAS, the Town acknowledges that both the retention of economic assets and existing jobs
and the creation of new jobs and economic endeavors have an important place in striking a positive
economic balance in the Town as well as a benefit to all residents of the Town; and
WHEREAS, Chapter 312 of the Texas Tax Code authorizes a governmental entity to provide for
tax abatements pursuant to properly adopted guidelines and criteria governing tax abatement
agreements; and
WHEREAS, the Town Council previously adopted Resolution No. 2005-13 expressing its intent to
become eligible to participate in tax abatements, and subsequent to its adoption, the Town adopted
Resolution No. 2005-20 entitled “Town of Trophy Club, Texas Policy Statement for Tax Abatement"; and
WHEREAS, the Town Council has reviewed the proposed amendments to the current Guidelines
and Criteria for Tax Abatements entitled “Town of Trophy Club, Texas Policy Statement for Tax
Abatement”, which was adopted via Resolution No. 2005-20; and
WHEREAS, the Town Council finds that the continued economic growth of the Town would be
best served by amending those guidelines to set forth an abatement schedule and to adopt new
Guidelines and Criteria for Tax Abatements entitled “Town of Trophy Club, Texas Policy Statement for
Tax Abatement 2007”, a copy of which is attached hereto and incorporated herein as Exhibit “A”; and
WHEREAS, the proposed Exhibit “A” sets forth new guidelines and criteria for tax abatements
that serve the goal of furthering economic development while preserving the existing assets of the Town;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. That the foregoing recitals stated in the preamble are found to be true and correct and
are deemed incorporated into the body of this Resolution as if copied herein in their entirety.
Section 2. That by a vote of three-fourths of the members of the Town Council, Resolution No.
2005-20 is hereby repealed and this Resolution setting forth new Guidelines and Criteria for Tax
Abatements entitled “Town of Trophy Club, Texas Policy Statement for Tax Abatement (2007)”, Exhibit
“A”, is determined to be sound and beneficial to the Town of Trophy Club and is hereby approved and
adopted in its entirety.
Section 3. That this Resolution shall become effective from and after its date of passage in
accordance with law.
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PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas on this the
8th day of January, 2007.
Mayor
Town of Trophy Club, Texas
ATTEST:
[SEAL]
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
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EXHIBIT “A”
TOWN OF TROPHY CLUB, TEXAS
DEFINITIONS
Eligible Facility means a structure or building that is designed, constructed or remodeled for use solely
as a commercial or industrial business purpose and that is located wholly within a Reinvestment Zone.
Expansion means the addition of buildings or structures, or the addition of fixed machinery or equipment
which is added for the purpose of increasing production capacity.
Facility means property improvements completed or in the process of construction, which together
comprise an integral whole.
Modernization means the replacement and upgrading of existing facilities which increase the productive
input or output, updates the technology or substantially lowers the unit cots of the operation.
Modernization may result from the construction, alternation or installation of buildings, structures, fixed
machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing or repairing.
New Employment means an increase to the current number of full-time jobs.
New Facility means a property previously undeveloped which is placed into service by means other than
or in conjunction with expansion or modernization.
New Value means the net increase in the value of an Eligible Facility, including the real estate,
improvements and fixtures, together with the machinery and equipment therein and excluding inventory.
Reinvestment Zone means that area of the Town of Trophy Club identified as a Reinvestment Zone in
an ordinance adopted by the Town Council of Trophy Club, Texas in accordance with the requirements of
Chapter 312 of the Texas Tax Code, as amended, and/or any other applicable law.
POLICY STATEMENT FOR TAX ABATEMENT
I. General Purpose and Objectives
The Town of Trophy Club is committed to the promotion and retention of high quality
development in all parts of the Town and to an ongoing improvement in the quality of life for its
citizens. To the extent that these objectives are generally served by the enhancement and
expansion of the local economy, the Town of Trophy Club will, on a case-by-case basis, give
consideration to providing tax abatement as stimulation for economic development in Trophy
Club. The Town will consider providing incentives in accordance with the procedures and criteria
outlined in this document. The adoption of the guidelines and criteria by the Trophy Club Town
Council shall not limit the discretion of the Town Council to decide whether to enter into a specific
Tax Abatement Agreement; limit the discretion of the Council to delegate to its employees the
authority to determine whether or not the Town Council should consider a particular application or
request for tax abatement; or create any property, contract, or other legal right in any person to
have the Town Council consider or grant a specific application or request for tax abatement. The
adoption of the guidelines and criteria by the Town of Trophy Club shall not imply or suggest that
the Town is under any obligation to provide tax abatement to any applicant. All applicants shall
be considered on a case-by-case basis.
II. Criteria and Review
All requests for tax abatement shall be reviewed by the Town Council for Trophy Club.
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The review process shall be based upon an evaluation of the criteria that each applicant will be
requested to address in narrative format and such supplemental information as may be requested
by Town.
Following an assessment of the narrative response, the Town Council shall determine whether it is in the
best interests of the Town to offer an abatement to the applicant. Additional consideration beyond the
criteria will include such items as the degree to which the project/applicant furthers the goals and
objectives of the Town or meets or compliments a special need identified by the Town.
III. Tax Abatement Limitations
Tax Abatement shall be offered subject to the following limitations and criteria:
A. Real Property. The Town Council of the Town of Trophy Club may agree in writing with
the owner of taxable real property that is located in a reinvestment zone, but that is not in an
improvement project financed by tax increments bonds, to exempt from taxation a portion of the
value of the real property or of tangible personal property located in the real property, or both, for
a period not to exceed ten (10) years. A Tax Abatement Agreement under this section is subject
to the rights of holders of outstanding bonds of the municipality and shall be subject to the
condition that the owner of the property make specific improvements or repairs to the property.
B. Leasehold Property. The Town Council of the Town of Trophy Club may agree in
writing with the owner of a leasehold interest in real property that is located in a reinvestment
zone to exempt a portion of the value of the leasehold interest, if taxable, or of improvements or
tangible personal property located on the real property subject to the leasehold interest, for a
period not to exceed ten (10) years. A Tax Abatement Agreement under this section is subject
to the rights of holders of outstanding bonds of the municipality and shall be subject to the
condition that the owner of the leasehold interest make specific improvements or repairs to the
property.
C. Effective Exemption Period. An agreement may provide for the exemption of the real
property in each year covered by the agreement only to the extent the real property value for that
year exceeds its value for the year in which the agreement is executed. A Tax Abatement
Agreement granted to a Project shall become effective on January 1 of the year following the
issuance of a Certificate of Occupancy for the new facilities unless otherwise specified in the Tax
Abatement Agreement.
D. Tangible Personal Property. An agreement may provide for the exemption of tangible
personal property located on real property in each year covered by the agreement, other than
tangible personal property that (1) was located on the real property at any time before the period
covered by the agreement with the Town, and/or (2) that is not inventory or supplies.
E. Comprehensive Zoning Ordinance. Any improvement, repair, development, or
redevelopment taking place under an agreement under these guidelines must conform to the
Comprehensive Zoning Ordinance of the Town of Trophy Club.
F. Value and Term of Abatement. Once a determination has been made that a tax
abatement should be offered, the value and term of the abatement will be determined based upon
information provided in the narrative response and as determined appropriate in the sole
discretion of the Town Council. Provided however, that subsequent Agreements made with
owners of property in a reinvestment zone must contain identical terms for the portion of the value
of the property that is exempt and the duration of the exemption.
G. Creditworthiness. The Town of Trophy Club reserves the right to verify the applicant’s
creditworthiness prior to granting a tax abatement and to review the financial condition of the
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Project during the term of the abatement. The applicant’s creditworthiness shall be considered by
the Town prior to entering into a Tax Abatement Agreement.
H. Cost of Municipal Services. The Town of Trophy Club shall make a determination of the
estimated cost of providing municipal services to the proposed Project. This cost shall be a factor
considered by the Town Council when making a determination as to the granting of an abatement
and the value and term of such abatement.
IV. Procedural Guidelines
Any person, organization or corporation desiring that Trophy Club consider providing tax
abatement to encourage location, expansion or modernization of operations within the corporate
limits of the Town, shall be required to comply with the procedural guidelines listed in this section.
Nothing within these guidelines shall imply or suggest that Trophy Club is under any obligation to
provide tax abatement in any amount or value to any applicant.
Preliminary Application Steps
A. Applicant shall complete the attached “Application for Tax Abatement” Exhibit
“B”.
B. Applicant shall address all criteria questions outlined in the application in
narrative format.
C. Applicant shall prepare a plat showing the precise location of the property, all
roadways within five hundred feet (500’) of the site, and all existing land uses and
zoning within five hundred feet (500’) of the site.
D. Applicant may, upon request of Town Council, be required to provide
substantiation of the economic feasibility of the overall project to assist in
determining the long-term benefit to the Town.
E. Fourteen (14) days prior to the public hearing, the applicant must provide a
complete legal description of the property and a general address of the property.
F. Applicant shall complete all forms and information detailed in items A through E
above and submit them to the Town Manager, Town of Trophy Club, 100
Municipal Drive, Trophy Club, Texas 76262.
Application Review Steps
A. All information in the application package detailed above will be reviewed for
completeness and accuracy. Additional information may be requested as
needed.
B. The application will be forwarded to the Town Manager for distribution to the
appropriate Town departments for internal review and comments. Additional
information may be requested as needed.
Consideration of the Application
A. The completed application package and staff comments will be returned, with all
relevant materials, to the Town Council for consideration.
B. The Trophy Club Town Council may consider a Resolution calling a public
hearing to consider establishment of a tax reinvestment zone. At least seven (7)
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days prior to the public hearing, the Town Secretary shall give written notice to
the presiding officer to each other taxing unit that has taxing jurisdiction over real
property within the proposed reinvestment zone and shall publish notice of the
hearing in a newspaper of general circulation in the Town.
C. The Trophy Club Town Council may hold the public hearing and determine
whether the project is feasible and practical and would be of benefit to the land to
be included in the zone and to the municipality after the expiration of the Tax
Abatement Agreement. Additionally, the Town Council must find that the zone
meets one of the applicable criteria for reinvestment zones. These findings must
be approved by the Town Council at an open meeting and noted in the minutes
for that meeting.
D. The Trophy Club Town Council may consider adoption of an Ordinance
designating the area described in the legal description of the proposed project as
a reinvestment zone.
E. The Trophy Club Town Council may consider adoption of a Resolution approving
the terms and conditions of a contract between the Town and the applicant
governing the provision of the tax abatement only at a regularly scheduled
meeting of the Council. Provided however, that at least seven (7) days before
the Town Council grants a tax abatement, the Town Secretary shall deliver
written notice of the Town’s intent to enter into a Tax Abatement Agreement to
the presiding officer at each of the other taxing units in which the property is
located. The notice shall include a copy of the proposed Tax Abatement
Agreement.
F. The Tax Abatement Agreement shall, at a minimum, contain terms that:
1. List the kind, number and location of all proposed improvements to the
property;
2. Provide access to and authorize inspection of the property by the Town
to ensure compliance with the agreement;
3. Limit the use of the property consistent with the Town’s development
goals;
4. Provide for recapturing property tax revenues that are lost if the owner
fails to make the improvements as provided by the agreement or fails to
meet the goals established by the agreement;
5. Specify each term that was agreed upon with the property owner and
require the owner to annually certify compliance with the terms of the
agreement to the Town and all other units, as applicable;
6. Allow the Town to modify or terminate the agreement at any time if the
property owner fails to comply with the terms of the agreement, and
provide that a retroactive amendment of a Tax Abatement Agreement
shall not extinguish an existing tax liability;
7. Provide that a person/entity that does not qualify for an exemption on
January 1 of any year may not receive the exemption that year; and
8. Specify that if a project granted a tax abatement ceases to operate or is
no longer in conformance with the adopted guidelines of the Town, the
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Tax Abatement Agreement shall not remain in effect for the period of
time during which the Project is not operating or is not in conformance.
G. The governing bodies of any other applicable taxing unit may consider ratification
of and participation in the abatement agreement between the Town and the
applicant.
H. Information on tax abatement provided to the Town of Trophy Club in connection
with an application or request for tax abatement that describes the specific
processes or business activities to be conducted or the equipment or other
property to be located on the property for which tax abatement is sought is
confidential and not subject to public disclosure until the Tax Abatement
Agreement is executed.
I. The Town will send copies of the agreement to the Texas Comptroller’s Office or
other state agency as required by law in the year following the designation of a
zone or the execution of a Tax Abatement Agreement as required by law.
J. Any company approved for a tax abatement by the Town of Trophy Club, must
achieve measurable progress, as specified in the Tax Abatement Agreement,
pertaining to construction milestones, capital investment in real property
improvements, business personal property improvements, employment levels,
etc., in a timely manner. If measurable progress is not made, the Town will
exercise its options as outlined in the Tax Abatement Contract and pursuant to
applicable law. Tax abatements may only be applied to incremental increases in
valuation and will apply to tangible personal property, excluding inventory and
supplies.
V. Expiration of Tax Abatement Policy
The guidelines and criteria adopted pursuant to this Tax Abatement Policy shall be effective upon
adoption and remain in effect for a period of two (2) years. The guidelines and criteria may be
amended or repealed prior to the expiration of the two (2) year period only by a favorable vote of
three-fourths (¾) of the members of the Trophy Club Town Council.
VI. Severability
In the event that any term, section, clause, sentence, paragraph or any part of this Tax
Abatement Policy is adjusted by a court of competent jurisdiction to be invalid, such invalidity
shall not affect, impair or invalidate the remainder of the guidelines and criteria contained in the
Tax Abatement Policy.
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EXHIBIT “B”
TOWN OF TROPHY CLUB
TAX ABATEMENT SCHEDULE
The portion of the property for which a business may qualify for tax abatement will be determined on the
basis of the level of New Value or New Employment added within the Reinvestment Zone. For example, if
New Value is added having an aggregate value of at least the amount specified in the following Tax
Abatement Qualifying Schedule, or if New Employment adds at least the minimum number of jobs
specified in such schedule, then the Abatement Schedule for which the business qualifies shall be the
greater of the two.
TAX ABATEMENT QUALIFYING SCHEDULE
NEW VALUE AT LEAST NEW EMPLOYMENT AT
LEAST USE SCHEDULE NUMBER
$500,000 5 1
$1,000,000 10 2
$5,000,000 20 3
$10,000,000 30 4
$30,000,000 Negotiable Negotiable
Depending on the schedule for which the business qualifies, a percentage of the tax may be abated on an
Eligible Facility as specified on the following:
ABATEMENT SCHEDULE:
YEAR #1 #2 #3 #4
1 25% 50% 75% 90%
2 25% 50% 75% 90%
3 - 25% 50% 75%
4 - 25% 50% 50%
5 - - 25% 25%
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EXHIBIT “C”
TOWN OF TROPHY CLUB
APPLICATION FOR TAX ABATEMENT
1. Applicant Company’s Name ________________________________________________
Company’s Representative_________________________________________________
Mailing Address _________________________________________________________
Telephone Number_______________________________________________________
Fax Number ____________________________________________________________
Email Address___________________________________________________________
2. Property Owner__________________________________________________________
Mailing Address _________________________________________________________
Telephone Number_______________________________________________________
Fax Number ____________________________________________________________
Email Address___________________________________________________________
3. Property Owner’s Representative____________________________________________
Mailing Address _________________________________________________________
Telephone Number_______________________________________________________
Fax Number ____________________________________________________________
Email Address___________________________________________________________
4. Property Address ________________________________________________________
Property Legal Description (Provide attachment if by metes and bounds)_____________
______________________________________________________________________
5. Located within
Town of Trophy Club?_____________________________________________________
Northwest Independent School District? ______________________________________
Denton County? _________________________________________________________
Tarrant County? _________________________________________________________
6. Description of Project _____________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
7. Date projected for occupancy of project/initiation of operations:_____________________
8. Acreage of site:__________________________________________________________
9. Square footage of occupied space: __________________________________________
10. Type of occupancy: Owner/Occupied
Landlord/Tenant
If leasing, what is the term of the lease?_______________________________________
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(Check all that apply)
11. The business is:
Existing
Expanding
New
Relocating (From out-of-State)
Relocating (From another city/county in Texas)
12. Business Type:
Hotel/Group Residence
Retail
Industrial
Manufacturing
Medical
Wholesale
Energy
Entertainment
Research/Development
Commercial/Real Estate
Other_________________
13. Type of property abatement requested:
Real
Personal
Both
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Employment Impact
1. Please provide a schedule of projected employment milestones including:
Initial employment _____________________________________________________ (at occupancy)
Projected employment (milestone) ________________________ by_____________ (indicate date)
Projected employment (milestone) ________________________ by_____________ (indicate date)
Anticipated full employment ______________________________by _____________ (indicate date)
2. What is the number of new jobs that will be created?
3. What is the number of jobs, if any, that will be retained in Trophy Club by this project?
4. What is the number of jobs that will be relocated to Trophy Club from:
The DFW Metroplex?
Other locations?
5. What types of jobs will be created?
6. What will be the average annual salary?
7. What will the total annual payroll be?
Fiscal Impact
Initial Year Year ______
(If applicable)
Year______
(If applicable)
1. What is the value of the Real Property
improvements that will be added to the tax base?
2. What is the value of the Business Personal
Property improvements that will be added to the
tax base?
TOTAL IMPROVEMENTS
$
$
$
3. Estimate of amount of direct property and sales tax generated: ________________________
Please provide detailed description of the basis upon for your estimate: _________________
_________________________________________________________________________
4. What is the value of sales that will be subject to sales tax collection by the Town of Trophy Club?
Community Impact
1. Is this a retention and/or expansion and/or modernization project of an existing Trophy Club
business?
2. How will this project affect existing businesses?
3. What effect would the project have on the local housing market?
4. What effect would the project have on existing residential neighborhoods?
5. Will development of the project create any environmental impact? Air quality, water quality, visual
quality, etc.
6. Will any zoning changes be necessary to accommodate the project?
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7. Is the project compatible with the Town’s Comprehensive Plan?
8. Will the business occupy existing space?
9. Will the business construct a new facility?
10. Will the business occupy space that is currently planned or under construction?
11. What is the projected impact on the Northwest Independent School District?
12. Please summarize the overall impact on the Town of Trophy Club.
13. Please describe the necessity in requesting property tax abatement? Describe the
competitive, financial or other issues associated with this application.
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FOR INTERNAL USE ONLY
RECOMMENDED TAX ABATEMENT
• Real Property: $______________
Length of Abatement (Years): _______________
Percentage of Abatement: _______________
• Business Personal Property: $______________
Length of Abatement (Years): _______________
Percentage of Abatement: _______________
• Estimated cost to the Town of
Trophy Club to provide municipal
services to the proposed Project:
$_____________
51
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-8-2007
Subject: Agenda Item No.D.3
Discuss and receive input regarding the potential creation of a reinvestment zone and the
boundaries of the zone.
EXPLANATION:
Local governments often use tax abatements to attract new commercial enterprises, and to encourage
the retention and development of existing businesses. Chapter 312 of the Texas Tax Code defines the
three step process required by a city or county to grant tax abatements. These steps are the passage of
a resolution to consider tax abatements, the development and approval of a policy and finally the creation
of a reinvestment zone, which defines the area for which abatements may be offered. Trophy Club has
accomplished the first two steps, but in order to actually offer abatements, a reinvestment zone(s) needs
to be defined.
Staff is requesting the Council to provide direction for the area(s) to be included in the reinvestment zone.
Once staff has that direction, a public hearing notice will be published stating the Town’s intent to
consider the reinvestment zone and the legal description of the area(s) under consideration. In addition,
seven days’ written notice of the hearing must be given to the presiding officer of each of the other taxing
units that has taxing jurisdiction over real property within the zone. This would include, the MUDs,
Denton County, Tarrant County and Northwest ISD, although the school district is prohibited from
participating. These entities are encouraged to participate, but their participation is not required for the
Town to proceed.
52
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-8-2007
Subject: Agenda Item No.D.4
Discuss and take appropriate action to approve the financials and variance report dated
November 2006.
EXPLANATION:
The November financials and variance report were included on the Town Council CDs.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
53
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-8-2007
Subject: Agenda Item No.D.5
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. List
54
Items for Future Agendas
1. Discuss and take appropriate action relative to an Ordinance amending Chapter 1 of the Code of
Ordinances of the Town, entitled "Administration", Article VIII, entitled "Schedule of Fees", amending
Section 8.15, entitled "Parks and Recreation."(1/22)
2. Discuss and provide input relative to an Ordinance amending the Chapter 3, Article XII of the Code of
Ordinances, Standards for the Repair, Removal or Demolition of Substandard Buildings and
establishing a Building Standards Commission for the Town. (1/22)
3. 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)
4. Ordinance to designate The Town of Trophy Club a "Smoke Free" Town. (2/5)
5. 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)
6. 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)
7. 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."
8. Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws.
9. Review of the Property Maintenance Ordinance.
10. 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.
11. Discussion about storm water discharge from pools.
12. Discuss and appropriate action regarding a policy for accepting gifts.
13. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration
of improvements for area to create a linear park.
14. Discuss and take appropriate action 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.)
15. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance
establishing the Town's Emergency Management System.
55
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-8-2007
Subject: Agenda Item No.D.6
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
56
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-8-2007
Subject: Agenda Item No.E.1
Adjourn.