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Agenda Packet TC 03/19/2007 1 Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, March 19, 2007 6:30 P.M. A.1 Call to order and announce a quorum. A.2 Work Session: Discuss and review items posted to the March 19, 2007 Agenda, including but limited to Items C.4 and C.6. 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 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. A.6 Recognition of John DeRoche, winner of the design competition for the new patrol car. B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 29, 2007. (Workshop Session) C.1 Discuss and take appropriate action regarding The Highlands At Trophy Club Development and Public Improvement District Agreement. C.2 Discuss and take appropriate action to approve Minutes dated, February 5, 2007. C.3 Discuss and take appropriate action on the expenditure of EDC 4B funds and contract with the Buxton Group for psychographic profiling for the Town of Trophy Club. C.4 Discuss and receive input regarding amendments to EDC 4B's FY 2006-07 Budget. 2 C.5 Discuss and take appropriate action regarding the approval of an interlocal agreement with the NISD for the operation of a Summer Day Camp program to be operated on the premises of Medlin Middle School. C.6 Discuss and take appropriate action regarding an Ordinance amending the Town's FY 2006-07 Budget. C.7 Discuss and take appropriate action to approve financials and variance report dated February 2007. C.8 Discuss and take appropriate action to approve Southwest Securities as the Town's Financial Advisor. (a) Discuss and take appropriate action to approve the authorization and sale of $3,260,000 General Obligation Bonds, Series 2007 (the "Bonds'). C.9 Discuss and take appropriate action regarding an Ordinance amending Ordinance No. 2007-03 calling a Joint/General Election for May 12, 2007 between the Town and NISD, to include a joint election with Denton County. C.10 Discuss and take appropriate action relative to an Ordinance amending Chapter 8 of the Code of Ordinances of the Town, entitled "Nuisances", by adding Article 6, Entitled "Standing or Stagnant Water." C.11 Town Manager Emmons to designate an Acting Town Manager. C.12 Town Manager Emmons to update the Council on the members who have returned the acknowledgment forms for receipt of the Appointed and Elected Official Handbook and SB286 Open Government Training. Town Council to provide direction to staff for the members who have not returned the acknowledgement forms. C.13 Items for Future Agenda. C.14 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. (a) Town Council report from EDC 4B Liaison, Council member Sterling. (b) Town Manager's Report. D.1 Adjourn. 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.A.2 Work Session: Discuss and review items posted to the March 19, 2007 Agenda, including but limited to Items C.4 and C.6. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.A.3 Invocation. 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 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." 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.A.5 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.A.6 Recognition of John DeRoche, winner of the design competition for the new patrol car. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (sk) Attachments: 1. Press Release 9 While the Police Department has had the same graphics design on the patrol cars for several years, the newest patrol car in Trophy Club will be sporting a different look than those in the past. Police Captain Lee Delk orchestrated a design competition between Town staff and art students at Medlin Middle School. On Friday, March 2nd, the department announced twelve year old, Johnny DeRocha the winner of the design competition. DeRocha’s design package includes a waving Texas flag and reflective black and gold lettering. The stylized flag symbolizes pride in our State and the black and gold lettering is a nod to the classic police car designs of the past. The font chosen is of more modern design and reminds us to look to the future but not to forget where we came from. It’s a truly unique look and the reflective lettering will enhance officer safety at night. As the design winner, DeRoch’s autograph is featured on the back bumper. DeRoch was presented with a plaque at Medlin Middle School’s Open House assembly on March 8th. 10 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 29, 2007. (Workshop Session) EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Minutes dated January 29, 2007 (Workshop Session) 11 MINUTES OF WORKSHOP SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, January 29, 2007 5:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Workshop Session 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 Sakura Moten-Dedrick Finance Director Jim Buxton Financial Analyst Lila Marsh Bond Counsel, Vinson & Elkins Dan Almon Southwest Securities Jim Sabonis First Southwest Company Kirk Wilson Centurion Development Trip Davenport Bank of America Nathan McChellun Bank of America Carmella Kindrey MuniCap Keenan Rice MuniCap Robert McCloes Hughes and Lews Jim Wingert Carter and Burgess A.1 Mayor Sanders called the Workshop Session to order at 5:05 p.m. noting a quorum was present. TOWN COUNCIL CONVENED INTO WORKSHOP SESSION 12 WORKSHOP SESSION B.1 Council Workshop to discuss issues related to the creation of the Trophy Club Public Improvement District #1, including but not limited to the PID agreement, debt issuance, assessments and suggested timeline. Kirk Wilson from Centurion introduced the representatives from Bank of America, MuniCap, Hughes and Luce , Carter- Burgess and Southwest Securities. Mr. Wilson gave a presentation explaining the Utilization of Development Districts, gave examples of Public Improvement Districts (PID) and reasons to choose a PID. Mr. Wilson outlined the process for a PID creations, explained how they are governed and how they are funded. Wilson concluded his presentation with Centurion’s Proposal. Dan Almon from Southwest Securities explained the primary responsibility of the financial advisory services group is to advise and represent the Town’s interest in those matters related to the issuance of PID bonds. These services require the review of all documents related to bond underwriting and the selling process. Mr. Almon listed the items Southwest Securities would analyze and summarized the considerations for financing community development infrastructure costs with public improvements bonds. Mayor Pro Tem Williams confirmed the one-time assessment could be rolled into the mortgage. Mayor Sanders called upon Lila Marsh from Vinson & Elkins to describe her function as Bond Counsel. Ms. Marsh explained her role is limited; she is responsible to pass onto Council the legalities of the issues as it is their authority to pass policy and set the transaction amount. Ms. Marsh said PID agreements are complicated and fairly new in Texas, she will serve as a facilitator to ensure that the transaction keeps moving forward. Bond Council functions also include the preparation of the bond documents, review and evaluation of the assessment and submittal of the document transaction to the Attorney General. Mayor Sanders expressed concern about the Town’s bond rating. MuniCap President, Keenan Rice does not feel this would be an issue. Rice said there are three things to consider; the potential implication on the bond rating as a moral obligation, the assessment plan would cover the assessment role and the administration. MuniCap will work with Denton County Tax Collector to add a tax line for the assessment. MuniCap will provide an annual report to Denton County Tax Collector as they will collect the assessments each year. Council member Lamont questioned if the bond rating be affected by the population growth. Council member Cates asked how potential home buyers would be notified of the PID. Keenan Rice explained the disclosure check list. Rice also suggested the developer 13 include an addendum in the contract as well as prepare a separate brochure that would include this information. Ms. Marsh added the disclosure begins when the potential home buyers first visit the sales office. Mayor Pro Tem Williams stated clarified that the home buyers would still pay Town taxes and the PID assessments are in lieu of MUD taxes. Council member Lamont asked about Council’s legal standards. Ms. Marsh explained the levy of the assessment is a governmental function. The report from MuniCap along with the engineer’s report will show what is necessary to service the project and will provide for the due diligence. Trip Davenport and Nathan McChellun of Bank of America explained the assessment for special districts are very common outside the state of Texas and is probably the norm not the exception and is a very vibrant industry. Bank of America places a premium on their reputation and has rejected several transactions however in their analysis this one is a very strong credit. Davenport and McChellum promised if chosen as the underwriter for this transaction to work very hard and closely with both Bond Counsel and the Town’s Financial Advisory. Council member Sterling asked what the typical capp rate for investment for this type of bond. Davenport answered 100 basis points over mmd and clarified this would be a non-rated uninsured bond. Mayor Sanders expressed concern for the Town’s liability should something go wrong. Sanders clarified there is no legal risk to the Town and that Bank of America will take all the necessary precautions and due diligence as the underwriters of this transaction. Davenport agrees that there is no moral obligation so long as the Town does not subject themselves to in inappropriate activity. For the record, Mayor Sanders notified Bank of America that the Town does not intend to pay anything other than what they have to pay. Mr. Wilson concluded the presentation by thanking everyone for all of their hard work and hours invested in this project. Wilson would like to execute a reimbursement agreement with the Town’s expenses move expediently to the PID agreement. Mayor Sanders questioned the change to the Northwest ISD and County shares under thoroughfare improvements. Jim Wingert responded this is an estimated cost share and is still in negotiations. Sanders mentioned that part of this road looks to be in the Town boundary of Marshall Creek and Roanoke and that a water-well is currently being discussed with the developer as it relates to #4 of the Project list. Mayor Pro Tem Williams commented the list has to be finalized prior to approval of the PID agreement and is another meeting or workshop necessary. Mayor Sanders added 14 the February 19 meeting date might be too aggressive. Town Manager Emmons responded the engagement agreements would be ready to discuss at the February 5th meeting and then move forward on the reimbursement agreement. C.1 Adjourn. Motion made by Edstrom seconded by Williams to adjourn. Workshop adjourned at 7:04 p.m. __________________________________ ________________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 15 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.C.1 Discuss and take appropriate action regarding The Highlands at Trophy Club Development and Public Improvement District Agreement. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: () Attachments: 1. Southwest Securities Review of the Highlands of Trophy Club Development PID agreement. 16 17 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.C.2 Discuss and take appropriate action to approve Minutes dated, February 5, 2007. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Minutes dated February 5, 2007 18 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, February 5, 2007 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, February 5, 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 Philip Sterling Council Member Gregory Lamont Council Member TOWN COUNCIL MEMBERS ABSENT: Susan Edstrom Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Lisa Ramsey Town Secretary Patricia Adams Town Attorney Beth Ann Gregory Community Development Director Sakura Moten-Dedrick Finance Director Scott Kniffen Police Chief Danny Thomas Fire Chief Kerin Fleck Planning Coordinator A.1 Mayor Sanders called the Regular Session to order at 6:31 p.m. noting a quorum was present. Mayor Sanders said Council member Edstrom notified the Town Secretary last week that she would be out of town on business tonight and possible on February 19th. Sanders noted Council member Cates was also running late. A.2 Work Session: Discuss and review items posted to the February 5, 2007 Agenda, including but limited to Item C.6. Mayor Sanders introduced Brad Hunstable from Hillwood. 19 Town Manager Emmons commented staff recently received a request for early grading permits. Currently the Town does not allow early grading prior to the execution of the Developer’s Agreement. Council reviewed staff’s draft provisions to provide criteria for early grading. Emmons added if Council agrees to early grading, any work done prior to the developer’s agreement would be at the risk of the developer. Mayor Pro Tem Williams questioned if Hillwood reviewed the changes. Mr. Hunstable responded Hillwood finds the terms acceptable. Mayor Sanders asked how Hillwood felt about the standards listed under section F. Mr. Hunstable said cities do this in several different ways and this is a minimal risk for Hillwood. Hillwood explained the construction schedule and the risk is no more than what is currently involved, as they will mass grade what they can without getting into the flood plain. Council member Lamont clarified the changes would effect future development. Council member Sterling confirmed all fees for grading, as well as any fees associated to grading are applicable under section K. Community Development Director, Beth Ann Gregory said cities with similar provisions are; Dallas, Fort Worth, McKinney, Crandell, Allen, Mesquite and Red Oak. Town Manager Emmons referenced C.8 and said Town Attorney, Patricia Adams is diligently working on the PID agreement for the February 19th Town Council agenda deadline. Adams said it would be possible to provide a draft of the agreement to Council at their February 19th meeting. Mayor Sanders would like a workshop to discuss the agreement and would like the document provided in advance. Although the February 19th date seems impractical, Sanders requested the item be left on the Agenda for discussion. Council member Cates questioned why bids were not requested for the agreements listed in Items C.9, 10 and 11. Town Manager Emmons responded State Statute does not require we go out for bids; however the Town’s policy does. Emmons asked Council to decide and explained the bid process would probably produce the same results. The Town is already incurring expenses and in order to meet the timeline, the agreements need to be in place. Council member Cates believes the Council has a fiduciary responsibility to the future residents and needs to find out how competitive the fees are. A.3 Police Chief Kniffen gave the Invocation. 20 A.4 Council member Sterling led the Pledges. A.5 Citizen presentations: LC Crowley, 410 Lakewood Drive - Spoke against the Ordinance designating the Town of Trophy Club a "Smoke Free" Town. Clem Fullerton, 1 Sunrise Court - Spoke against the Ordinance designating the Town of Trophy Club a "Smoke Free" Town. A.6 Police Chief Kniffen presented the following awards and commendations: Police Officer Robert Mastropiero - Community Service Medal and Bachelors Degree Award Sergeant Tony Simmons - Meritorious Conduct, Master Peace Officer and Instructor Sergeant Wes Tyler - Master Peace Officer, Military Service Award, Instructor, Educational Achievement Award and Police Commendation Corporal Scott Voigt - Military Service Award Chief Kniffen acknowledged the following recipients who were unable to attend the meeting: Captain Lee Delk - Instructor, Advanced Peace Officer and 10 years Service Award Police Officer Keith Burris - Educational Achievement Award Police Officer Mike Conklin - Advanced Peace Officer, Educational Achievement Award, 5 years Service Award and Certificate of Merit Police Officer Wade Montgomery - FTO Medal and Advanced Peace Officer Police Officer Jim Norcross - Military Service Award and Educational Achievement Award Police Officer Fred Lohman - Master Peace Officer, Military Service Award and FTO Medal Police Officer Chris Loftis - Educational Achievement Award and FTO Medal All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Motion made by Lamont, seconded by Williams to approve the Consent Agenda, Item B.1. Motion passed unanimously without any discussion B.1 Consent agenda: Discuss and take appropriate action relative to a request for a Temporary Use Community Garage Sale Permit granted by Special Privilege. (Applicant: Betty Watson, Trophy Club Women's Club) End of Consent Agenda 21 TOWN COUNCIL RECONVENE INTO REGULAR SESSION AT 7:16 P.M. *REGULAR SESSION C.1 Discuss and take appropriate action on a request for Preliminary Plat approval for an approximate 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. Applicant: Southwest T.O.O. Development L.L.C. Applicant, Todd Price Owner of Southwest Development introduced himself. Mayor Sanders recognized Planning and Zoning Commissioner James Stephens who reported the radius issues would be addressed in the final plat. The Commission recommended approval by a unanimous vote. Mayor Sanders questioned if a drainage study was submitted. Stephens confirmed a drainage study was submitted, but not provided in the packet. Motion made by Williams, seconded by Sterling to approve. Council member Sterling questioned the side yard set back. Planning and Zoning Coordinator, Kerin Fleck answered zoning requirements do not apply; probably ten-feet. Mayor Pro Tem Williams asked if the annexation would be finalized by the final plat. Town Manager Emmons explained if the intent has already been submitted, we cannot stop with annexation. Mr. Price told Council the final plat was turned in last week and the Planning and Zoning Commissions is expected to review it at their first meeting in March. Motion passed unanimously without further discussion. C.2 Discuss and take appropriate action relative to a request for Preliminary Plat approval for an approximate 4.038 acre tract of land generally described as Mary Medlin Survey, Abstract No. 831, to be known as the Maintenance Facility Addition. Applicant: Beck Properties Trophy Club, L.P. (PP-06-008) Architect, George Blannas. Planning and Zoning Commissioner James Stephens advised the Council this plat was unanimously approved at their January 18, 2007 meeting. Mayor Sanders commented all parking issues have been solved. Council member Lamont confirmed the tree line will stay the same. Mayor Pro Tem Williams asked why Beck Properties submitted this request when the facility is owned by the Country Club. 22 Architect on the project, George Ballans was present and explained the swap of land between the Country Club and Beck Properties. By constructing the maintenance facility Beck Properties is satisfying their part of the agreement. Motion made by Sterling, seconded by Williams to approve. Motion passed unanimously without further discussion. C.3 Discuss and take appropriate action regarding an Ordinance calling a Joint/General Election for May 12, 2007 between the Town and NISD, calling an election for the purpose of electing a Mayor and two Council Members to the Town Council and approving the terms of a joint election agreement between the Town and NISD. Motion made by Cates, seconded by Lamont to approve. Mayor Sanders confirmed the mover and second intended approval for both the Ordinance and Joint Agreement. Motion passed unanimously without any discussion. C.4 Discuss and take appropriate action regarding a Resolution amending Resolution 2006-24 to appoint one citizen to serve on one seat on EDC 4B for the remainder of the unexpired term expiring in 2008. EDC 4B President, Jjm Hicks announced the names of the applicants as; Glen Strother, Richard Bell and Darin Davis. Hicks reported at their January 9, 2007 meeting, the EDC 4B unanimously voted to recommend Glen Strother to the Town Council to fill the vacancy. Hicks concluded Mr. Strother is well versed in construction management and is currently a member of the Public Works Advisory Group. Motion made by Sterling, seconded by Lamont to appoint Glen Strother to EDC-B Board. Motion passed unanimously without any discussion. C.5 Discuss and take appropriate action regarding the purchase of a video surveillance/security system from the Court Building Security Fund. Town Manager Emmons provided Court was recently moved into the Public Services building. The prior surveillance security system (VCR/camera/tapes) is estimated to be at least eight years old and the picture quality is poor. Emmons added staff obtained two other estimates on installation, both in line with a consistent hourly labor rate; however, this specific installer appeared to represent a better value in terms of customer service and responsiveness. Motion made by Lamont, seconded by Cates to approve. 23 Council member Sterling questioned who would be responsible for monitoring. Town Manager Emmons explained this will not be actively monitored; the IS Manager will have monitoring access via secure website access. Finance Director, Sakura Dedrick added the recording will see everyone entering and exiting the Public Service Building and will record all Court transactions. Motion passed unanimously without further discussion. C.6 Discuss and take appropriate action relative to an Ordinance repealing Section 7.01, "Procedures", of Article VII, "Developer's Agreement, Financial Assurances and Construction Contracts for Public Improvements", of Chapter 12 "Subdivision Regulations" and by repealing Section 8.11, "Land-Disturbing Activities", of Article VIII, "Tree Preservation and Removal", of Chapter 12, "Subdivision Regulations" of the Town's Code of Ordinances and adopting a new Section 7.01 and Section 8.01 of the Code of Ordinances. (ADM-07-028) Motion made by Williams, seconded by Lamont to approve. Town Manager Emmons recapped his explanation from the workshop. Mayor Sanders confirmed the developers would still need to observe the permit process. Council member Cates asked if the suggested amendments conflict with any other Ordinance. Town Manager Emmons responded early grading is part of the construction and does not remove the responsibility for the items covered in the developer’s agreement. This would not release the Developer from obligation of items in the sub- dividers agreement. Mayor Pro Tem Williams verified this would require engineer approval. Motion passed unanimously without further discussion C.7 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. Mayor Pro Tem Williams commented the current Ordinance allows one sign for each candidate in each unplatted lot. There is always more than one sign per candidate in the unplatted lots coming in on Trophy Club Drive. Council member Lamont suggested an increase of more than twenty-five feet as the minimum distance between signs located on non-residential or unplatted property. Mayor Sanders would like to see commercial and residential clearly defined in the third sentence rather than any zoning lot or other parcel of land. 24 Council member Sterling suggested increasing the space between the signs to 100 feet with one sign per candidate on any contiguous land or street. Council member Cates responded Trophy Club Drive is not contiguous and therefore would not eliminate the number of signs. Sterling recommended uninterrupted land. Mayor Pro Tem Williams agreed with Sterling and Lamont and believes increasing the distance between the signs from 100 to 125 feet will eliminate the overkill of signs. Town Attorney, Patricia Adams cautioned the Council concerning the restrictions for signs in commercial areas. Adams understands Council’s intent to limit the number of signs at the Town’s entrance and will provide suggested language at the February 19th meeting. C.8 Discuss and provide input regarding the Trophy Club Public Improvement District #1 specifically related to the structure of the agreement and the proposed improvements. Town Manager Emmons asked the Council to reference the Engineer’s Opinion of Probable Cost and Project List, listed on page 62 of the packet. Emmons stated these areas need to be nailed down pretty tight as they will be part of the district. Kirk Wilson from Centurion went through all items on the Project list. Neither Wilson nor Emmons could confirm if thoroughfare improvements of the high school road from Marshall Creek West to Hwy 377 were definite. Council member Lamont questioned who would fund this project, should the Town not fund their portion. Mayor Sanders answered the Town does not have any control once outside the Town boundary. Mayor Pro Tem Williams asked when the numbers will be finalized in order to put them into the PID. Mr. Wilson believes the numbers may change several times over the next couple of weeks and said it is better to secure pro rata funding. Wilson added they will do whatever it takes to build the road. Town Attorney Patricia Adams spoke to the question of financibility, stating Bond Counsel may decide it is not a good idea to include. Council member Cates asked about pushing Roanoke for the funding as their residents come through the Town in order to hit Hwy 114. Mayor Sanders responded the Town’s residents use Roanoke’s roads as well; Roanoke did receive approval from TXDOT to put in a stop light at Marshall Creek and 377. Town Manager Emmons said Roanoke has hired an engineering company to look at the traffic impact and how Trophy Club residents impact their revenues. 25 Council discussed water distribution, acknowledging the Town will need to get water from either Upper Trinity, the MUDs or directly from Fort Worth. Mr. Wilson will provide the exhibits on all projects to Brandon and apologized for neglecting to invite the engineer. Mayor Pro Tem Williams said the comprehensive project cost equals $21,675,000.00; something will need to be cut. Mayor Sanders responded the bond council will help determine what is defensible and what is considered public improvements. Mayor Pro Tem Williams questioned the park improvements. Town Manager Emmons responded the improvements are for the proposed recreation center. Mr. Wilson answered Council Member Sterling’s question that the partnership would have to satisfy the debit should the PID go over budget. Mayor Pro Tem Williams asked when Town Attorney Adams and Bond Counsel would have a qualified list ready for Council’s review. Adams provided the list will be developed as we get in more detail. Town Manager Emmons said Centurion is looking at a total over 60 million dollars of improvements. No action taken. C.9 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. Mayor Sanders explained there are a limited number of financial institutions that have the money necessary to issue these types of bonds. Town Manager Emmons said an uninsured bond is a very special piece of paper that a lot of banks will not touch. Financial Advisor, Dan Almon feels Banc of America is a good institution and 2% is a standard fee. Emmons added the Council could decide to go out for bid; however PIDs are still so new in Texas there are only a limited number of businesses that deal with these types of transactions and the result would probably be the same businesses presented tonight. Mayor Sanders listed Council’s options; approve the engagement agreements presented, or request quotes. Sanders also recognized Kirk Wilson’s request for the Council to strongly consider Banc of America as they have been on board with Centurion since the inception of this project. Motion made by Williams, seconded by Lamont to approve. 26 Mayor Pro Tem Williams feels the Town is fortunate that Banc of America wants to participate and believes it behooves the Council to move forward and approve the agreement. Having been through other development, Council member Cates feels the Council has a fiduciary responsibility to find out what other options are available, plus approving counteracts the procurement policies. Cates is not comfortable approving the agreement without knowing the options and feels the Council should require bids. Council member Sterling suggested negotiating the 2% fee. Mr. Wilson responded 2% is standard and not outside what is reasonable. Wilson explained Banc of America is not providing any services and does not have a lot of competition to finance uninsured bonds. Based on the developers experience and the value of the lots, they are only financing the money and advancing the funds to the PID. Council member Lamont asked about keeping it local and questioned if Wells Fargo would consider. Mr. Wilson said Banc of America contacted him about a year ago and after several meetings, he feels very comfortable with them. Mayor Sanders had earlier concern about contradicting the enforcement of procurement policies as anything over $25,000 requires bids. However knowing that Centurion is comfortable with Banc of America, Sanders is satisfied with the risk of not requiring the bid as per the policies. Council member Sterling is in favor and feels the developer has a vested interest. Motion passed 3:1, with Council member Cates voting against. C.10 Discuss and take appropriate action regarding an Engagement Agreement for financial advisory services between the Town of Trophy Club and Southwest Securities, Inc. Town Manager Emmons advised Dan Almon of Southwest Securities has been representing the Town in a slightly different role since 1992; the Town is familiar with his services and has been happy with his work product. Mr. Wilson is aware of Southwest Securities fee structure. Town Manager Emmons confirmed all agreements, once approved by Council will be forwarded to Wilson to apply to the reimbursement agreement. Motion made by Lamont, seconded by Williams to approve. Mayor Sanders confirmed the fees would be paid out of the PID; the Town will pay and then be reimbursed through the closing. Council member Cates disagrees with the manner this was presented and feels there is not enough information in order to make an informed decision. Council member Sterling agreed as this is more subjective than an underwriter’s agreement. Mayor 27 Sanders explained this type of fee is always applied to the issuance amount and is fairly typical of what you ask the advisor to do. Mr. Wilson added that currently there are only a few of these transactions working, and the groups working these transactions are the same ones presented. Motion passed 3:1, with Council member Cates voting against. C.11 Discuss and take appropriate action regarding an Engagement Agreement with MuniCap. Town Manager Emmons said Town Attorney Adams found three companies; one did not respond; of the other two, only MuniCap has representation in Texas. Mr. Wilson feels their fees are acceptable. Motion made by Sterling, seconded by Williams to approve. Motion passed 3:1, with Council member Cates voting against. Council member Sterling is impressed with Keenan Rice and thinks the deal will be solid. Council member Lamont questioned how to hold their feet to the fire regarding disclosure. Mr. Wilson will provide Town Manager Emmons their schedule of activities and disclosure process report. In addition all sale agents will be trained and information concerning the tax rate will be posted in the model homes. Motion passed 3:1, with Council member Cates voting against. C.12 Items for Future Agenda. No items added. C.13 Reports. Town Manager Emmons gave his report. D.1 Adjourn. Motion made by Williams, seconded by Lamont to adjourn. Meeting adjourned at 9:37 p.m. _________________________________ __________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, 28 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.C.3 Discuss and take appropriate action on the expenditure of EDC 4B funds and contract with the Buxton Group for psychographic profiling for the Town of Trophy Club. EXPLANATION: EDC4-B by unanimous vote has recommended and met the Public Hearing requirements for the approval and funding of the attached proposal. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Proposal 2. References 3. New York Post Article 4. Implementation Plan 29 Proposal Presented to: Town of Trophy Club, TX March 13, 2007 Prepared by: Joseph Fackel Expiration Date: March 31, 2007 30 TABLE OF CONTENTS Executive Overview 2 Scope of Services 3 Schedule of Services 5 Fee for Services 6 Signature Page 7 Appendix A: Project Requirements 8 31 EXECUTIVE OVERVIEW Buxton appreciates the opportunity to propose its services to the Town of Trophy Club. The objective of this proposal is to summarize and outline the comprehensive scope of work Buxton will provide as the Town of Trophy Club pursues its retail attraction and expansion goals. Please note that in this proposal the term “retail” is inclusive of restaurants. Utilizing data, methods and proprietary technologies developed specifically for matching retailers with communities; Buxton will assess the potential for the Town of Trophy Club to recruit and expand its retail sector, and will identify and provide marketing packages for specific retail targets. Buxton’s initial analysis of up to four (4) distinct retail locations, selected by the Town of Trophy Club, will yield a recommendation of the site best positioned for retail recruitment. With that recommendation, the Town of Trophy Club will make a final determination of the retail site to be selected for retail matching. Once the site for retail matching is determined, Buxton will compare the site’s trade area with the established locations of individual retailers. This analysis results in a preliminary list of matched retailers. Only retailers with locations in trade areas similar to the Town of Trophy Club’s trade area will be identified as potential matches. The preliminary list is then refined by Buxton on the basis of other retail location criteria to yield a list of up to twenty (20) specific, matched retailers for the Town of Trophy Club. Buxton will provide the list of matched retailers to the Town of Trophy Club for review and discussion. A marketing package will be prepared for each targeted retailer. The marketing packages are intended for presentation to retailers, as well as developers, potential franchisees, or other persons in a position to support the Town of Trophy Club’s retail goals. Each marketing package is unique to the specific targeted retailer, providing compelling and precise information that demonstrates the Town of Trophy Club’s qualifications as a location. Additionally, Buxton will contact each targeted retailer on behalf of the Town of Trophy Club. Buxton will notify the retailer that the Town of Trophy Club has been identified as a potentially viable location. Following is an outline of the scope of work for this project. Buxton is pleased to propose its support and looks forward to identifying retail opportunities for the Town of Trophy Club. 32 SCOPE OF SERVICES RETAIL POTENTIAL AND RETAIL SITE DETERMINATION 1. Establishment of retail trade areas for each site based upon drive times 2. Analysis of the suitability of each site and its trade area. Factors considered include but are not limited to: a. Psychographic analysis of households b. Demand for retail goods and services c. Existing retail and retail trends in the trade area and surrounding region d. Site setting, situation and configuration e. Growth plans and relevant developments f. Retail goals of the community 3. Buxton recommendation of the retail site and trade area with the most potential 4. Discussion and approval of a site with which to proceed to retail matching IDENTIFICATION OF RETAIL MATCHES FOR SELECTED SITE 1. Comparison of site trade area with existing retail location trade areas 2. Identification of preliminary target list of matching retailers 3. Additional analysis of preliminary targets 4. Determination of recommended list of matching retailers 5. Discussion and approval of final list of matching retailers for which marketing packages will be prepared 33 SCOPE OF SERVICES (continued) PUBLISHING OF RETAIL MARKETING PACKAGES Buxton will assemble individual marketing packages for each targeted retailer. Additionally, the city will receive a reference binder that includes information provided in the retailer marketing packages. Each marketing package contains: 1. Map of the retail site and trade area 2. Map of potential customers for the retailer 3. Retail match report that compares the site’s trade area characteristics with the retailer’s similar existing locations 4. Demographic and psychographic analysis of the trade area 5. Explanation of Buxton’s methodology 34 SCHEDULE OF SERVICES This schedule is sequential and cumulative. It is based from the day following the project launch meeting. The project launch meeting is usually a conference call between the Town and Buxton teams. The project launch meeting occurs after a contract and initial payment is received, and after Buxton receives requested and necessary information from the city (such as the four sites selected for study). This schedule is nominal, and does not account for periods during which the town reviews Buxton’s recommendations. The schedule does not consider additional or custom research that may be required, or other unusual circumstances. 1. Delivery of large map with sites and trade area 5 business days 2. Retail site determination 5 business days 3. Recommended list of matching retailers 10 business days 4. Retail marketing packages 15 business days 35 FEE FOR SERVICES The cost of CommunityID is $60,000; payable as follows: 1. $30,000 due upon execution of this agreement 2. $20,000 due on October 31, 2007 or upon determination by the city of the site for retail matching which ever is later 3. $10,000 due by October 31, 2007 or upon delivery of retail marketing packages which ever is later The Town of Trophy Club agrees to pay Buxton the pre-arranged, mutually agreed actual cost of travel associated with services rendered. This does not include travel associated with the presentation or negotiation of this agreement. It only includes travel costs incurred by Buxton at the request of the Town of Trophy Club; such as for a community presentation or workshop following completion of the project. For services specifically requested by the Town of Trophy Club and performed by Buxton outside the scope of this agreement, an hourly rate of $200 will apply. For additional copies of a retailer marketing package or reference binder, a fee of $200 will apply. 36 SIGNATURE PAGE This agreement is between the Town of Trophy Club and Buxton (the “Parties”) for the performance of services described in this proposal. The Parties agree that an independent contractor relationship is created as a result of this agreement. Buxton will not be considered an agent or employee of the Town of Trophy Club for any purpose. The term of this agreement is one (1) year. This agreement may be terminated by either party at any time upon written notice of thirty (30) days. If this agreement is terminated, Buxton will be paid for services performed up to the date the written notice is received and Town shall be provided copies of all Buxton work product in existence on the date of the written notice of termination. This agreement shall be administered and interpreted under the laws of the State of Texas and exclusive venue shall be in Denton County Texas. In order to avoid paying State of Texas Sales and Use Tax, the Town of Trophy Club may be required to provide Buxton with a certificate indicating it is a non-profit corporation and not subject to Texas Sales and Use Tax. Agreed and accepted this __________ day of March, 2007. Mr. James Hicks Mr. David Glover Trophy Club EDC Buxton 100 Municipal Drive 2651 S. Polaris Drive Trophy Club, TX 76262 Fort Worth, TX 76137 Phone: 682-490-7838 Phone: 817-332-3681 Fax: 817-332-3686 ___________________________ __________________________ (Signature) (Signature) 37 APPENDIX A: PROJECT REQUIREMENTS In order to effectively engage and complete the scope of work, the following is requested by Buxton: Project Liaison • The Town of Trophy Club will designate a project manager who will serve as Buxton’s primary contact during the project. Information and Reports • Logo (electronic version) • Addresses and descriptive information for up to three (3) sites that will be evaluated • Current traffic count data • Digital street data • List of major, national or regional retailers present in the community • List of planned retail, either proposed or in development, in the community • List of major, national or regional retailers that have left the community • List of planned residential developments • Housing start information • Zoning and comprehensive plan documents • General community marketing data and reports 38 39 40 41 42 43 44 45 46 47 48 49 Town of Trophy Club Economic Development 100 Municipal Drive Trophy Club, Texas 76262 Phone: 682.831.4606 Come grow with us! Come Mission Trophy Club’s mission for Economic Development 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 50 ♦ Advertisement in development publications ♦ Assistance with infrastructure ♦ Tax Increment Financing (TIF) 51 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) ♦ 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). 9 Streamline rules and regulations to reduce a business’ time to market. 9 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) 52 ♦ 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) 53 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.C.4 Discuss and receive input regarding amendments to EDC 4B's FY 2006-07 Budget. EXPLANATION: The following changes are being requested for EDC 4B’s annual budget to allow for operational expenditures. The recommended changes will require public hearings and enable EDC4B to fund economic development initiatives, some of which are directly related to the Buxton study. Since EDC4B requires public hearings to make amendments to the budget, a single budget amendment is more cost and time affective than having multiple amendments as specific expenditures are required. This is the same format that EDC4B will recommend to Council for the upcoming 2007-08 budget. Here is a synopsis of the recommended amendments Legal – Reduce the legal line since no expenditures are anticipated. This line has not been used in the last two years. Schools & Training – Increase this line to allow staff to attend the TEDC Basic Economic Development Course in Houston in April and the TEDC conference later this year in Dallas. Travel & Per Diem – Increase this line to allow staff to travel to the TEDC Basic Course in Houston as well as staff and two EDC members to attend the International Council of Shopping Centers (ICSC) in San Antonio. Advertising – Increase this line to fund advertising in the Dallas Business Journal, Greater Dallas Economic Development Guide and the Northwest Metroport Chamber Ad. Miscellaneous Expenses – Increase to cover additional costs associated with development initiatives including conducting traffic counts on SH 114 and the service roads. Large Project Reserves – Reduced for this year to cover pending economic initiatives. EDC4B currently has approximately $128,000 in reserves available. Administrative Reimbursement – It has always been the practice for EDC4B to pay for the time expended by staff for their meetings and projects. This line was increased in relation to the additional time being expended by staff on Economic Development. This is not a percentage of anyone’s salary, but simply money set aside to cover actual time expended. Detailed accounts of time are kept by staff for audit purposes and submitted to EDC4B for reimbursement. 54 Printing – Increased to cover the creation and printing of informational material for potential businesses and developers including but not limited to aerial maps depicting the residential and commercial development in the area as well as major employers. Attachments: 1. Amended Budget 55 EDC4-B Recommended Budget Amendments Note: Amended lines are highlighted in yellow. AMENDED APPROVED ACCOUNT BUDGET BUDGET NUMBER DESCRIPTION 2006/2007 2006/2007 REVENUES 40030 Sales Tax - General 106,250 106,250 49010 Interest Income 4,000 4,000 TOTAL REVENUES 110,250 110,250 EXPENSES 55045 Legal - 1,500 60066 Publications/Books/Subscriptions 100 100 60070 Dues & Membership 60080 Schools & Training 1,400 Mandatory State Training 600 TEDC Basic Course 600 TEDC Conference Dallas 200 60100 Travel & Per Diem 3,000 600 TEDC Class inHouston (4 days, one person) 850 ICSC in San Antonio (3 days, three people) 1,850 Meals for potential businesses/developers 300 60125 Advertising 10,950 700 Dallas Business Journal 6,500 Dallas Area Chamber 2,500 Metroport Chamber Map 700 Other Advertising Opportunities 1,250 60245 Miscellaneous Expenses (traffic counts, and other non specific development related expenses) 5,000 150 60330 Pool Operations 58,034 58,034 60340 Large Project Reserves - 32,241 60355 Administrative Reimbursement 25,566 16,725 65105 Printing 6,000 - TOTAL EXPENDITURES 110,250 110,250 56 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.C.5 Discuss and take appropriate action regarding the approval of an interlocal agreement with the NISD for the operation of a Summer Day Camp program to be operated on the premises of Medlin Middle School. EXPLANATION: The NISD and the Town of Trophy Club in the interest of creating a greater amount of recreational opportunities for the youth within the Town and the School District are desiring to create a Summer Adventure Camp program that will utilize the resources of both entities. The program will be completely funded by the enrollment fees of those participating in the camp. The staff resources that are being used are within the current scope and operations of the Parks and Recreation Department. Similar programs are offered by the majority of neighboring communities. RECOMMENDATION: Staff recommends the implementation of this program and the agreement. ACTION BY COUNCIL: (aa) Attachments: 1.Agreement between the Town and NISD for Summer Day Camp 57 AN AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB AND THE NORTHWEST INDEPENDENT SCHOOL DISTRICT An agreement entered into this _____________day of _____________ A.D. 20__, between the Town of Trophy Club, a home rule municipality, (hereinafter “Town”) and the Northwest Independent School District, duly organized and authorized under the laws of the State of Texas, (hereinafter “NISD”). WHEREAS, NISD and Town are governmental entities both of whom have the authority to enter into this Agreement individually as provided for in Chapter 791 of the Texas Government Code (Vernon 2007), the Interlocal Cooperation Act, in order to maximize the benefits derived from each taxpayer dollar; and WHEREAS, NISD and Town mutually desire to be subject to the provisions of the Interlocal Cooperation Act and to jointly participate in the Summer Day Camp operations as more fully described herein; and WHEREAS, NISD and Town agree that all payments made in connection with the governmental functions provided for by this Agreement shall be made from current revenues available to the paying party and that the payments received are adequate and fairly compensate the parties for the services performed and shall not exceed budgeted amounts; and WHEREAS, it is in the public interest to maximize the use of both park and school facilities; and WHEREAS, the Town of Trophy Club has determined the need for utilization of certain portions of Medlin Middle School for use in Summer Day Camp operations, to provide the residents in the Town of Trophy Club as well as those residing within the Northwest Independent School District with recreational facilities in conjunction with its Town park and recreation programs. WHEREAS, a valid governmental purpose is served by participation in day camp operations described herein; and WHEREAS, it is deemed to be in the best interests of NISD and Town to enter into this Agreement day camp operations; and WHEREAS, the governing bodies of the Town of NISD have by resolution authorized the terms of this cooperative agreement; NOW, THEREFORE, NISD and Town, for the mutual consideration hereinafter stated, agree and understand as follows: I. Hours of Operation 58 NISD hereby authorizes the Town to use certain designated facilities located at Medlin Middle School, 501 Parkview Dr. Trophy Club, Texas (hereinafter “Facilities”). NISD shall designate those Facilities available for Town’s by providing written notice to Town. The Town will operate Summer Day Camp programs only in those Facilities, in cooperation with NISD, during those hours that regular NISD classes and activities are not scheduled. NISD hereby authorizes use of the Facilities in accordance with the following guidelines. Town’s day camp programs shall commence on June 1, 2007 and shall end on August 17, 2007. Hours of operation for the Facilities shall be Monday through Friday from 7:00 a.m. to 6:00 p.m. on a flexible schedule, and shall be scheduled in cooperation with the administration of NISD. Hours of operation may be revised as deemed necessary by the parties and as mutually agreed upon by the NISD and Town. II. Supervision The Town shall provide supervision of Facilities utilized for Town Summer Day camp programs. Full time staff member(s) and/or part-time staff members of the Town shall be present in the Facilities at all times that such Facilities are being used for Town’s day camp activities. Additionally, background screening shall be obtained on all Town staff assigned to day camp activities prior to hiring and scheduling of such staff for work in the Facilities. III. Participants Participants authorized to participate in Town activities scheduled at the Facilities shall be residents of the Town of Trophy Club and/or of the Northwest Independent School District. IV. Custodial Care and Facility Maintenance The Town shall provide custodial labor necessary to maintain the Facilities utilized for Parks and Recreation Department programs. Any damage incurred or losses suffered above normal wear and tear or depreciation shall be the responsibility of the Town if such damage or loss occurs during those hours the Facilities are open to the public under the control of the Town. V. Costs The Town shall reimburse NISD for use of its classrooms at a rate of $6.65 per hour of use per day during which the day camp programs are in place and operational. The Town shall not be required to pay the reimbursement rate during the week of July 1, 2007 to July 8, 2007. Payments shall be made monthly to the NISD. VI. Use of Equipment 59 All minor equipment and supplies used during regularly scheduled recreation activities at the Facilities will be supplied by the Town. Use of any major equipment shall be coordinated with the Principal and/or staff of NISD. VII. Relationship of Parties. The parties intend that Town, in performing their obligations hereunder, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. Neither Town, NISD, or their respective agents, employees, volunteer help or any other person(s) operating under this Agreement shall be considered an agent or employee of the other party hereto and shall not be entitled to participate in any pension or other benefits that the other party hereto provides its employees. VIII. Acceptance of Responsibility. NISD agrees to and accepts full responsibility for the acts, negligence and/or omissions of all NISD employees and agents. Town agrees to and accepts full responsibility for the acts, negligence and/or omissions of all Town employees and agents. III. Insurance / Immunity 9.01 Insurance. Each party hereto shall maintain during the term of this Agreement a general liability insurance policy covering damages arising out of personal or bodily injury or death and damage to property, including the loss thereof, occurring on or in any way related to the use of the Facilities covered by this Agreement, with limits of not less than one million dollars ($1,000,000.00) dollars annual aggregate limit or five hundred thousand ($500,000.00) dollars single limit per occurrence annual aggregate. Such insurance policies shall provide that the insurer shall give not less than thirty (30) days prior written notice of the cancellation thereof to the other party. Each party shall give the other party evidence of such insurance coverage within thirty (30) days from the execution date of this Agreement. 9.02 Immunity. Nothing in this Agreement shall be deemed a waiver of the governmental, sovereign, or official immunity afforded by law to either NISD or Town. X. Termination/Default NISD may terminate this Agreement upon ten (10) days written notice to Town for Town’s failure to timely make payments due under this Agreement. Town shall be liable for all costs of collection, including attorneys fees, that NISD incurs as a result of Town’s nonpayment of money due hereunder. XI. Assignment 60 Town shall not assign or alienate in any form or manner any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of NISD. XII. Modification No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding, either judicial or administrative, arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this section will not be waived except as specifically provided herein. XIII. Severability If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this contract are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Further, the parties agree to make a good faith effort to renegotiate an agreed provision to fulfill the purposes and intent of any invalid, unenforceable, or void provision. XIV. Governing Law and Venue This Agreement shall be construed under and governed by, and in accordance with the law of the State of Texas, and all obligations of the parties hereto, created by this Agreement are performable in Denton County, Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. XV. Integration This Agreement embodies the complete and entire agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and, except as otherwise provided herein, cannot be modified without written agreement of the parties. XVI. Nonwaiver One (1) or more instances of forbearance by either party in the exercise of its respective rights or remedies herein shall in no way constitute a general wavier or relinquishment of the exercise of such rights or remedies. 61 XVII. Force Majeure. Neither NISD nor Town shall be required to perform any term, condition, or covenant in the Agreement so long as performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods, and any other cause not reasonably within the control of NISD or Town and which by the exercise of due diligence NISD or Town is unable, wholly or in part, to prevent or overcome. XVIII. Captions The captions contained in this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. NORTHWEST INDEPENDENT SCHOOL DISTRICT By: ATTEST: By: TOWN OF TROPHY CLUB By: Nick Sanders, Mayor ATTEST: By: Town Secretary APPROVED AS TO LEGAL FORM: By: Town Attorney 62 ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF __________ § This instrument was acknowledged before me on the ______ day of _____________, _____, by _________, _________for Northwest Independent School District, on behalf of the Northwest Independent School District. ________________________________ Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF __________ § This instrument was acknowledged before me on the ______ day of _____________, _____, by Nick Sanders, Mayor, of the Town of Trophy Club, on behalf of the Town of Trophy Club. ________________________________ Notary Public, State of Texas 63 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.C.6 Discuss and take appropriate action regarding an Ordinance amending the Town's FY 2006-07 Budget. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (SMD) Attachments: 1. Ordinance 64 TOWN OF TROPHY CLUB, TEXAS TOWN ORDINANCE NO. 2007-XX AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2006-2007 Budget was adopted within the time and in the manner required by State Law; and WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby finds and determines that it is prudent to amend the line items due to unforeseen situations that have occurred in the Town; and WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that these amendments will serve in the public interest and are necessary to support Town operations; and WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and determines that the change in the Budget for the stated municipal purpose serves best interests of the taxpayers, is necessary and warrants action at this time; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT The Town of Trophy Club, Texas, Fiscal Year 2006-2007 Budget is hereby amended to fund the line items as stated in Exhibit “A.” This Amendment No. 1 to the Original Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2006-2007 shall be attached to and made part of the Original Budget by the Town Secretary and shall be filed in accordance with State Law. Furthermore, this Amendment No. 1 (Exhibit “A”) is attached, incorporated into and made a permanent portion of this Ordinance. This Ordinance No. 2007-XX is hereby adopted and shall constitute the first budget 65 amendment that has occurred since the October 1, 2006 effective date of the Town’s Fiscal Year 2006-2007 Budget. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2006-2007 Budget of the Town and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 19th day of March, 2007. _______________________________ Mayor Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary Town of Trophy Club, Texas 66 [SEAL] _______________________________ Town Attorney Town of Trophy Club, Texas 67 68 69 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.C.7 Discuss and take appropriate action to approve financials and variance report dated February 2007. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 70 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.C.8 Discuss and take appropriate action to approve Southwest Securities as the Town's Financial Advisor. (a) Discuss and take appropriate action to approve the authorization and sale of $3,260,000 General Obligation Bonds, Series 2007 (the "Bonds'). EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: () Attachments: 1. Letter from Dan Almon 2. Financial Advisory Contract 3. Fee Schedule 4. Consent Agreement 71 72 73 74 75 76 77 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.C.9 Discuss and take appropriate action regarding an Ordinance amending Ordinance No. 2007-03 calling a Joint/General Election for May 12, 2007 between the Town and NISD, to include a joint election with Denton County. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Ordinance with Joint Election Agreement attached as Exhibit “A” 78 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2007- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2007-03 CALLING THE MAY 12, 2007 ELECTION BY AMENDING SECTIONS 2, 3, AND 4 OF ORDINANCE NO. 2007-03 TO ADD A GENERAL JOINT ELECTION BETWEEN THE TOWN OF TROPHY CLUB AND DENTON COUNTY IN ADDITION TO THE JOINT ELECTION BETWEEN THE TOWN OF TROPHY CLUB AND NORTHWEST INDEPENDENT SCHOOL DISTRICT, WITHOUT AFFECTING THAT PORTION OF ORDINANCE NO. 2007-03 CALLING THE MAY 12, 2007 FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2) COUNCIL MEMBERS TO THE TOWN COUNCIL FOR TWO (2) YEAR TERMS EACH OR CALLING THE JOINT ELECTION WITH NISD; PROVIDING THAT THE REMAINDER OF ORDINANCE NO. 2007-03 SHALL CONTINUE IN FULL FORCE AND EFFECT AND THAT THE MAYORAL ELECTION CALLED BY SUCH ORDINANCE SHALL NOT BE AFFECTED BY THE AMENDMENT OF ORDINANCE NO. 2007-03; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 5, 2007, the Town Council of the Town of Trophy Club, Texas (the “Town”) passed and approved Ordinance No. 2007-03, which Ordinance ordered a General Joint Election between the Town of Trophy Club, Texas and NISD for the purpose of electing a Mayor and two (2) Council Members for two (2) year terms each to the Town Council and approving a joint election agreement between the Town and NISD; and WHEREAS, Denton County has notified the Town Secretary that based on the passing of Senate Joint Resolution 12 and House Joint Resolution 1, it is necessary for the County to conduct a Constitutional Amendment Election; and WHEREAS, Section 271.002 of the Texas Election Code provides that the governing bodies of two or more political subdivisions may enter into an agreement to hold a joint election if the elections ordered by the authorities of the subdivisions are to be held on the same day in all or part of the same territory and can be served by common polling places; and WHEREAS, the elections ordered by Denton County meet the statutory requirements for a joint election and a copy of the joint election agreement between the Town of Trophy Club and Denton County is attached hereto and incorporated as Exhibit “A”; and 79 WHEREAS, the Town Council hereby desires that in addition to the joint election with NISD previously ordered pursuant to Ordinance No. 2007-03, an election be held jointly with Denton County on May 12, 2007, pursuant to the Texas Election Code, and that a joint election agreement between the Town and Denton County be approved. A copy of the joint election agreement between the Town and Denton County is attached hereto as Exhibit “A-1”. The costs of such election are to be shared pursuant to the terms of the joint election agreement between the Town of Trophy Club and NISD and the terms of the joint election agreement between the Town and Denton County. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1 INCORPORATION All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein and Ordinance No. 2007-03 is hereby amended so that a new Section 2, “Date of Election”, a new Section 3, “Purpose of Election” and a new Section 4, “Election Held Jointly with NISD and Denton County” are adopted as set forth below. SECTION 2 AMENDMENT The following sections of Ordinance No. 2007-03 are hereby amended to read in their entirety as follows: “SECTION 3 DATE OF ELECTION It is hereby ordered that a General Election (the “Election”) shall be held in and throughout the Town of Trophy Club on Saturday, May 12, 2007. SECTION 4 PURPOSE OF ELECTION The purpose of the Town’s General Election is to elect a Mayor and two (2) Council Members for two (2) year terms each. The purpose of the NISD General Election and Denton County shall be as provided in the order of its governing authority calling and ordering such election. SECTION 5 ELECTION HELD JOINTLY WITH NISD AND DENTON COUNTY The Town and NISD, and the Town and Denton County have entered into an agreement to share the costs of the May 12, 2007 election pursuant to Chapter 271 80 of the Texas Election Code. The election is being held jointly to gain efficiencies and cost savings due to new requirements relative to voting machines and other aspects of the election. A Joint Election Agreement between the Town and Denton County is attached hereto and incorporated herein as Exhibit A-1.“ The remainder of the provisions of Ordinance No. 2007-03 shall be unaffected by this amendment and shall be and read as set forth in Ordinance No. 2007-3. SECTION 6 CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of Ordinances of the Town of Trophy Club, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7 SEVERABILITY CLAUSE It is hereby declared to be the intent of the Town Council of the Town of Trophy Club that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 8 ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as set forth in state law and Town Charter. SECTION 9 PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish in one issue of the official newspaper of the Town of Trophy Club, the caption and effective date clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 10 EFFECTIVE DATE 81 This Ordinance shall become effective from and after its date of passage and publication in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 19th day of March 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 82 EXHIBIT “A” THE STATE OF TEXAS II CONTRACT FOR COUNTY OF DENTON ELECTION SERVICES Trophy Club, TEXAS BY THE TERMS OF THIS CONTRACT made and entered into by and between the Town of Trophy Club, as duly authorized by the Town Council hereinafter referred to as the Council, serving by and through its Town Secretary, as duly authorized by the Council, and DENTON COUNTY, TEXAS, acting by and through its Elections Administrator hereinafter referred to as the Contracting Officer, pursuant to the authority of Section 31.091, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the Town of Trophy Club, May 12, 2007, General Election in Denton County. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF TOWN. The Town Secretary shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Town Secretary shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station if required and judge of the Early Voting Balloting Board. a) The Town Secretary shall be responsible for notification of each Election Day and early voting presiding judge and alternate judge of his or her appointment. The presiding election judge of each polling place will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Town Secretary will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the early voting ballot board. The Contracting Officer with the approval of the Council shall utilize election judges appointed by the Town Council. b) The Town Secretary shall compensate each election judge and worker. Each judge and worker shall receive compensation per hour for services rendered based on rates set by the Town Council. c) Election Judges shall attend the Contracting Officer’s school of instruction (Elections Seminar) to be held Thursday, May 10, 2007, in the Denton County Administration Building, 401 West Hickory, Denton 76201 or other location to be announced at 9:00 a.m. 83 d) Election judges shall be responsible for picking up and returning election supplies. Compensation for this pickup and return will be $25.00. B. The Town Secretary shall procure, prepare, and distribute ballots, election kits and election supplies. These items are available through the Contracting Officer. a) The Town Secretary shall secure election kits that include the legal documentation required to hold an election and all supplies including locks, pens, magic markers, etc. Some of these items are available through the Contracting Officer. b) The Town Secretary shall secure all tables, chairs, duplication ballots, and legal documentation required to run to the central counting station and/or early voting ballot board. C. The Town Secretary shall be appointed the Early Voting Clerk by the Town of Trophy Club for the election in Denton County. a) The Contracting Officer shall supervise and conduct Early Voting by mail. b) Early Voting by personal appearance for the Town of Trophy Club May 12, 2007, Election in Denton County shall be conducted on weekdays beginning Monday, April 30, 2007, and continuing through Tuesday, May 8, 2007. Locations and times of voting by personal appearance shall be as per the Town election order. Times are as follows: Monday, April 30th 8 a.m. – 5 p.m. Tuesday, May 1st 7 a.m. – 7 p.m. Wednesday, May 2nd 8 a.m. – 5 p.m. Thursday, May 3rd 8 a.m. – 5 p.m. Friday, May 4th 8 a.m. – 5 p.m. Saturday, May 5th 8 a.m. – 12 p.m. Monday, May 7th 8 a.m. – 5 p.m. Tuesday, May 8th 7 a.m. – 7 p.m c) All applications for an Early Voting mail ballot shall be received and processed by the Denton County Elections Administration Office, P.O. Box 1720, Denton, Texas 76202. i. Applications for mail ballots erroneously mailed to the Town of Trophy Club shall immediately be faxed to the Contracting 84 Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention. ii. All Federal Post Card applications (FPCA) will be sent a mail ballot. No postage is required. d) All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be appointed by the Town Council. The Board shall meet for preparation of the early voting ballots on when ordered by the Town Secretary. D. The Town Secretary shall arrange for the use of all Election Day polling places. Denton County shall assume the responsibility of remitting 50% of the cost of all employee services required to provide access, provide security, or provide custodial services for the early voting and election day polling locations used that are located within the Town of Trophy Club jurisdiction boundaries, Denton County Texas. E. The Town Secretary shall be responsible for tabulation of the voted ballots in accordance with Section 127.000 of the Election Code and of this agreement. a) The Public Logic and Accuracy Test of the electronic voting system shall be conducted on Tuesday, March 27, 2007*, at 9:00 A.M., by the Contracting Officer. (*This date is subject to change based on receipt of jurisdiction ballot information and programming. If date is changed, you will be notified at least 48 hours prior to test.) b) Election night reports will be available to Council at the Elections Office on election night or through the cities local tabulation. c) The Town Secretary shall be responsible for returning the MBBs from the eScans if used, the Judges Booth Controller with MBB inside, Provisional ballots and any state required paperwork for tabulation by Saturday May 14, 2007. d) The Town Secretary shall prepare the unofficial canvass report after the jurisdiction has been counted, and will provide a copy of the unofficial canvass to the County Elections Office as soon as possible after all returns have been tallied. 85 e) The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 22 months. i. Pending no litigation and as prescribed by law, the voted and unused ballots shall be shredded or recycled 22 months after the election. ii. The Council can obtain the list of registered voters from the Elections Administration Office during this retention period. Pending no litigation and if the Council does not request this list, the Contracting Officer shall destroy them 22 months after the election. f) The Contracting Officer shall conduct a partial manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the Council in a timely manner. The Secretary of State may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201(e) of the aforementioned code. II. Duties and Services of the Contracting Officer. The Contracting Officer shall assume the following responsibilities: A. The County shall prepare the election orders, resolutions, notices, justice department submissions, official canvass and other pertinent documents for adoption by the Commissioners Court for the County portion of the election. a) The Contracting Officer shall publish and post the Notice of the Public Logic and Accuracy Test of the electronic voting system and one press release. The Contracting Officer shall also prepare a certification of tabulation and an unofficial canvass reports that will assist the Town with the official canvass. b) The Contracting Officer assumes the responsibility of posting all notices and likewise posting the schedules for Early Voting and Election Day for each location where the county ballot will appear. B. The County shall provide the Contracting Officer with the ballot wording and Spanish interpretation. a) The County shall deliver to the Contracting Officer as soon as possible, but no later than noon Wednesday, March 14, 2007, the official wording in English and Spanish for the County’s May 12, 2007, Special Elections. 86 b) The County shall approve the “blue line” ballot format prior to the final printing. c) The Contracting Officer shall provide all lists of registered voters required for use on Election Day and for the early voting period required by law. The Election Day list of registered voters shall be arranged in alphabetical order by polling place in lieu of alphabetic by each precinct in each polling place. The Contracting Officer may use the computer database for the list of registered voters during early voting. d) The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. i. Equipment includes the rental of voting machines, ballot boxes, transfer cases, voting signs, and directional poles and tote boxes. ii. Supplies include ballots, sample ballots, early voting mail ballots, pens, tape, markers, etc. C. The County shall post the publication of election notice by the proper methods with the proper media for the county’s portion of the election. D. The County shall prepare and submit to the U.S. Department of Justice under the Federal Voting Rights act of 1965, any required submissions on voting changes. E. The County shall compensate the Town for any additional election costs incurred in the process of running this election or for a re-count this election may require. F. The County shall pay a prorated cost of conducting the said election, pursuant to the Texas Election Code, Section 31.100. G. The Town shall provide the Contracting Officer with a “final” list of the jurisdictions allowed to vote in this election. This list will be provided to the Contracting Officer not later than March 14, 2007. III. Cost of Services. Costs of services will be prorated for ballots based on the Town of Trophy Club precincts voting. The Town of Trophy Club will reimburse 50% of ballot printing costs. Costs of labor and election supplies will be split 50/50 with Denton County or other calculated rate if additional jurisdictions participate in the Town of Trophy Club jurisdiction area of Denton County. 87 IV. General Provisions. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the Town’s May 12, 2007, General Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the Council. C. If the Town cancels their election pursuant to Section 2.053 of the Texas Election Code, the Town remains obligated to conduct the county portion of this election. An entity canceling an election will be reimbursed for costs incurred by the Contracting Officer in conducting the May 12, 2007, General Election on a prorated basis if applicable. D. The Contracting Officer shall file copies of this contract with the County Auditor of Denton County, Texas. WITNESS BY MY HAND THIS THE __________ DAY OF ____________________, 2007. DENTON COUNTY, TEXAS By: ______________________ DON ALEXANDER Denton County Elections Administrator Denton County, Texas WITNESS BY MY HAND THIS THE __________ DAY OF ____________________, 2007. ____________________________________ Lisa Ramsey, Town Secretary Trophy Club, Texas 88 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.C.10 Discuss and take appropriate action relative to an Ordinance amending Chapter 8 of the Code of Ordinances of the Town, entitled "Nuisances", by adding Article 6, Entitled "Standing or Stagnant Water." EXPLANATION: While our current swimming pool ordinance addresses clarity of water, it does not provide a means for abatement. This leaves us without the ability to address health and safety concerns in vacant property or property for which the owner fails to comply. The following ordinance more clearly defines and prohibits stagnant water as a public health hazard which serves as a breeding ground for bacteria, insects and provides Code Enforcement the ability to address this type of issue. The Town’s standard written notification and abatement process is included to provide property owners with ample opportunity to respond and comply before any abatement would occur. This ordinance has been changed at Council’s request to define the bodies of water for which this applies as “any/all water contained within any manufactured, man-made or non-naturally occurring structure; including, but not limited to, birdbaths, fountains, reflecting pools or ponds, private or semi-private swimming pools or other items so that such items do not harbor or serve as a breeding ground for mosquitoes, flies or other pests, or adversely impacts the public health and safety, or creates an odor nuisance.” (bg) Attachments: 1. Ordinance 89 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2007 - AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING CHAPTER 8, ENTITLED "NUISANCES" OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS, BY ADDING ARTICLE 6, ENTITLED "STANDING OR STAGNANT WATER", TO PROVIDE FOR NEW PROVISIONS REGULATING STANDING OR STAGNANT WATER; PROVIDING FOR INCORPORATION OF PREMISES; SETTING FORTH DEFINITIONS; PRESCRIBING STANDING, STAGNANT OR NON-MAINTAINED WATER REGULATIONS; PROVIDING FOR REMOVAL OF STANDING WATER; PROVIDING FOR NOTICE OF VIOLATION AND EXPENSES; PROVIDING CRITERIA FOR MUNICIPAL COURT PROSECUTION; PROVIDING FOR EXCEPTIONS; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, the Town Council finds that standing, stagnant or non-maintained water has and can cause health and safety risks which can otherwise cause or contribute significantly to adverse impacts to the residents of the Town; and WHEREAS, the Town Council finds that standing, stagnant or non-maintained water can cause deterioration in the aesthetic and environmental quality of the Town; and WHEREAS, the Town Council now deems it necessary for the safe, orderly, and healthful development of the Town and in the best interest of the Town of Trophy Club, Texas, to adopt new regulations governing standing and stagnant water within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: 90 SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises and findings are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. DEFINITIONS Body of Water shall mean any/all water contained within any manufactured, man-made or non-naturally occurring structure; including, but not limited to, birdbaths, fountains, reflecting pools or ponds, private or semi-private swimming pools or other items so that such items do not harbor or serve as a breeding ground for mosquitoes, flies or other pests, or adversely impacts the public health and safety, or creates an odor nuisance. Designated Officer shall mean the Code Enforcement Officer or Municipal Health Authority for the Town of Trophy Club, Texas, or his or her designee. Municipal Health Authority shall mean the Town Health Officer appointed pursuant to the Local Public Health Reorganization Act, as amended. Non-maintained shall mean the failure to keep a Body of Water clean, bacteria and insect free by chemical or mechanical means. Owner shall mean any individual, firm, corporation, partnership, sole proprietorship or any other legal entity owning any real property, whether occupied or unoccupied; improved or unimproved, within the corporate limits of the Town. Public Storm Water Systems shall mean the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures or storm drains) owned and operated by the Town and designed or used for collecting or conveying storm water, and which is not used for collecting or conveying sewage. Stagnant shall mean standing or non-flowing Body of Water. SECTION 3. UNLAWFUL TO PERMIT THE PONDING OF STANDING, STAGNANT OR NON-MAINTAINED WATER A. It shall be unlawful for any Owner to cause, permit, maintain, or allow one or more of the following conditions, each of which is hereby deemed a public nuisance: 91 The accumulation or ponding of standing, stagnant, or non-maintained Body of Water that harbors or is a breeding ground for mosquitoes, flies, or other pests or which causes a foul odor or adversely impacts the public health and safety by any means. B. A finding by a Code Enforcement Officer or Municipal Health Authority of the Town that accumulations or ponding of a Body of Water are remaining or have remained for a period in excess of forty-eight (48) hours shall constitute prima- facie evidence that standing, stagnant, or non-maintained Body of Water is conducive to the breeding or harboring of mosquitoes, flies, or other pests. Such finding by the Designated Officer may be made by one or more methods, including without limitation: measures of water turbidity, the presence of excessive organic matter in the water, the presence of foul odors, visually apparent algal growth, or the presence of mosquitoes, flies, or other pests. The presence of mosquito larva is not required for standing, stagnant, or non- maintained Body of Water to be classified as a public nuisance. SECTION 4. REMOVAL OF STANDING WATER A. It shall be the duty of any Owner to abate nuisances described in this Article by: 1. Treating or causing the treating of the Body of Water with the standing or stagnant water with a material, either natural or man-made, that eliminates any offensive odor and renders the area harmless to the public health and eliminates the potential breeding ground for mosquitoes, flies or other pests. B. It shall be the duty of all Owners to maintain items that constitute a Body of Water, including but not limited to birdbaths, fountains, reflecting pools or ponds, private or semi-private swimming pools or other items so that such items do not harbor or serve as a breeding ground for mosquitoes, flies or other pests, or adversely impact the public health and safety, or create an odor nuisance. SECTION 5. NOTICE OF VIOLATION / ABATEMENT / EXPENSES A. Notice Content. In the event that any Owner fails to comply with the provisions of this Article, the Town shall give seven (7) days notice in writing to such Owner of the violation of this Article. Such written notice shall be given: 1. Personally to the Owner in writing by letter addressed to the Owner at the Owner’s address as recorded in the appraisal district records for the appraisal district in which the property is located; or 2. If personal service cannot be obtained: 92 a. By publication at least once in a newspaper of general circulation within the Town; or b. By posting the notice on or near the front door of each building to which the violation relates; or c. By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no building. 3. Notice Deemed Delivered. If the notice to an Owner is mailed in accordance with Subsection A, and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice shall be considered as delivered. B. Abatement. If an Owner notified of a violation in accordance with this Article fails or refuses to comply with the provisions of this Article within seven (7) days of such notice of violation, the Town may go upon such Owner’s property and do or cause to be done the work necessary to obtain compliance with this Article, pay for the work done or improvements made, and charge the expenses incurred in doing or having same done to such Owner by any means lawfully available. This remedy shall be cumulative of criminal prosecution as set forth in Section 6.04 of this Article. C. Future Violations – Notice. In a notice provided under this Section, the Town may inform the Owner by regular mail and by a posting on the property, or by personally delivering the notice, that if such Owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the Town without further notice may correct the violation at the Owner’s expense and assess the expense against the property. If a violation covered by a notice under this Section occurs within the one-year period, and the Town has not been informed in writing by the Owner that there has been a change in ownership, then the Town, without notice, may take any action permitted by Subsection B of this Section and assess its expenses as provided in Subsection D of this Section. D. The charges provided for in this Article shall be assessed against the real property on which the abatement work is done or improvements made and collected by the Town of Trophy Club, Texas. In the event the Owner of such premises upon which work was done and charges were incurred fails or refuses to pay such charges and expenses within thirty (30) days after the first day of the month following the one in which the work was done, a lien may be filed. To obtain a lien against the property, the Mayor, Municipal Health Authority or municipal official designated by the Mayor must file a statement of expenses with the County Clerk of the County in which the Town is located. The lien statement 93 shall state the name of the Owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the County Clerk. The lien on the property involved shall be inferior only to tax liens and liens for street improvements to secure the expense incurred, is security for the expenditures made, and shall accrue interest at the rate of ten (10) percent on the amount due from the date of payment by the Town. For any such expenditures and interest due, as aforesaid, the Town Council may bring a suit for foreclosure in the name of the Town of Trophy Club. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the Town in doing the work or making the improvements hereunder. The Town may foreclose a lien on property under this Article in a proceeding relating to the property under Subchapter E, Chapter 33, Tax Code, as amended. SECTION 6. MUNICIPAL COURT PROSECUTION A. In addition to the abatement provisions set forth in Section 6.03 of this Article, the Designated Official may utilize the Town’s Municipal Court for prosecution. B. If an Owner or an occupant of property notified of a violation in accordance with this Article fails or refuses to comply with the provisions of this Article within seven (7) days of such notice of violation, the Designated Official may issue a citation for each and every day that the violation continues or is maintained upon the property. SECTION 7. EXCEPTIONS A. This Article shall not apply to Public Storm Water Systems. SECTION 8. PENALTY A. It shall be unlawful for any Owner to violate any provision of this Article, and any Owner violating or failing to comply with any provision of this Article shall be fined, upon conviction, an amount not less than One Dollar ($1.00) and not to exceed Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 9. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this 94 Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 10. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 11. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved as to any and all violations of the provisions of any Ordinances regulating standing or stagnant water have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 12. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 13. 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, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 14. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage, in accordance with law, and it is so ordained. 95 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this _____ day of March, 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 96 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.C.11 Town Manager Emmons to designate an Acting Town Manager. EXPLANATION: It is Town Manager Emmons’ intent to rotate the Acting Town Manager Designation quarterly. The purpose of this designation is to provide a valuable learning tool and help those serving in this capacity gain authority from the designation. RECOMMENDATION: ACTION BY COUNCIL: (be) Attachments: 1. Letter dated March 12, 2007 97 March 12, 2007 The Honorable Nick Sanders Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 Re: Acting Town Manager Designation Mayor Sanders: Please allow this letter to serve as notice that I wish to designate Beth Ann Gregory to serve as Acting Town Manager in compliance with Section 4.06 of the Trophy Club Town Charter. The Acting Town Manager shall perform all administrative duties normally reserved for the Town Manager during a period of absence or disability that would prevent me from performing my required duties. This designation will remain in full force until a time in which another designee is recommended to and approved by the Town Council. It is my intent to periodically alternate the designation of Acting Town Manager among capable and qualified members of my administrative staff. I feel that the opportunity to serve in this capacity will provide a valuable learning tool for those given the responsibility to serve in this capacity. Thank you for your consideration in this matter. Sincerely, Brandon S. Emmons Town Manager 98 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.C.12 Town Manager Emmons to update the Council on the members who have returned the acknowledgment forms for receipt of the Appointed and Elected Official Handbook and SB286 Open Government Training. Town Council to provide direction to staff for the members who have not returned the acknowledgement forms. EXPLANATION: The Handbook for Elected and Appointed Officials was delivered to all Board and Advisory Group members and their staff liaisons on December 28th. On January 26th, an email was sent to the staff liaisons and Board Chairpersons advising them of the members who had not returned the acknowledgement forms and/or certificates of completion for the Open Government training. (lmr) Attachments: 1. List of missing acknowledgment forms and certificates. 99 Handbook Acknowledgment Form SB 286 Certification of Completion EDC-A Richard Bell Missing Missing Appointed 3/5, mailed 3/12/07 EDC-B Glenn Strother Missing Planning & Dennis Sheridan Missing Zoning James Stephens Missing P & R Adam Adams Missing Matthew Graham Missing Steve Gregory Missing Wendy Hill Missing Missing JD Stotts Missing Tree Board Adam Adams Missing Darin Davis Missing Rick Merrill Missing Missing Zoning Board Jim Aenchbacher Missing Of Adjustments Kerin Fleck Missing Handbook Acknowledgment Ways & Means Pete Reincke Missing Information Janet Johns Missing Technology David Johnson Missing Public Safety Daniel Gannon Missing Lou Opipare Missing SB 286 Certification of Completion Master District James Budarf Missing James Thomas Missing Connie White Missing 100 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.C.13 Items for Future Agenda. 1. Ordinance to remove uninsured vehicles from the streets of Trophy Club by impounding the vehicle until the vehicle is properly insured and inspected. 2. Ordinance to impound any vehicle that is being driven on the streets of Trophy Club when the driver does not have a current or valid Drivers License. (4/2 Input – 4/16 Action) 3. Discuss and 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." 4. Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws. 5. Review of the Property Maintenance Ordinance. 6. Discussion about storm water discharge from pools. 7. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. 8. Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing the Town's Emergency Management System. 101 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.C.14 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. (a) Town Council report from EDC 4B Liaison, Council member Sterling. (b) Town Manager's Report. Attachments: 1. None 102 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 3-19-2007 Subject: Agenda Item No.D.1 Adjourn.