Agenda Packet TC 06/02/2008 - Joint Workshop
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TOWN OF TROPHY CLUB
JOINT WORKSHOP BETWEEN TOWN COUNCIL AND THE TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO. 1 and TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 2
dba TROPHY CLUB MASTER DISTRICT AND REGULAR SESSION FOR THE
TOWN COUNCIL
100 Municipal Drive, Trophy Club, Texas 76262
Monday, June 2, 2008 at 6:00 P.M.
A.1 Town Council call to order and announce a quorum.
Master District call to order and announce a quorum.
A.2 Joint Budget Workshop Session: Review and Discuss FY08-09 Shared
Employees and Preliminary Fire Budget. (6:00 - 7:00 p.m.)
A.3 Master District to adjourn.
A.4 Invocation.
A.5 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
A.6 Citizen Presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not
permitted to take action on or discuss any presentations made to the Council at
this time concerning an item not listed on the agenda. The Council will hear
presentations on specific agenda items prior to the Council addressing those
items. You may speak up to three (3) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the
Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
A.7 Discuss and take appropriate action regarding a Proclamation celebrating June
6, 2008, as the day that the 100,000th meal will be prepared for Metroport Meals
On Wheels by Marriott Solana.
B.1 Consent Agenda: Discuss and take appropriate action to ratify the funding and
development agreement between the Town and Centurion Acquisitions LP for
the extension of Northwest Parkway proposed connector road. (Funding
Agreement.)
B.2 Consent Agenda: Discuss and take appropriate action to ratify the Interlocal
Agreement between the Town of Trophy Club, the City of Roanoke, NISD and
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Denton County for the construction of Northwest Parkway along NISD property to
its intersection with Highway 377.
B.3 Consent Agenda: Discussion and take appropriate action to approve the
Interlocal Cooperation Agreement-Tax Collection between Denton County and
the Trophy Club PID (I&S), and designating Sakura Moten-Dedrick, Finance
Director as the Liaison.
B.4 Consent Agenda: Discuss and take appropriate action to approve financials and
variance report dated:
a. April 2008
B.5 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
May 19, 2008.
C.1 Discuss and take appropriate action to award a contract for janitorial services for
Trophy Club and MUD offices and authorizing the Mayor or his designee to
execute necessary contract documents.
C.2 Discuss and take appropriate action regarding an Ordinance repealing Article IV
entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public
Safety", of the Code of Ordinances of the Town of Trophy Club, and adopting a
new Ordinance prescribing regulations for Peddlers and Solicitors operating
within the Town.
C.3 Discuss and take appropriate action regarding the designation of MUD
Liaison(s).
C.4 Discuss and take appropriate action regarding the a Resolution amending
Resolution No. 2007-21 to designate a Council member liaison to Parks and
Recreation Board.
C.5 Discuss and take appropriate action regarding KRLD's Drive to Vote promotion
and Trophy Club participation.
C.6 Discuss and take appropriate action regarding budget considerations and a
future plan of action for the Lakeview creekbed ditch.
C.7 Items for Future Agenda.
C.8 Reports. There will be no action taken regarding any individual project posted
under this item and discussion will be limited. If extensive discussion is required,
the item may be placed on a future agenda.
(a) Town Manager's Report.
(b) Highlands at Trophy Club Master Improvements Phase 2 report.
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D.1 Pursuant to Texas Government Code Annotated, Subchapter 551, Section
551.074(a)(1) "Personnel Matters", the Council will enter into executive session
to discuss the following:
A. Personnel Matters (§551.074(a)(1)): The deliberation of the appointment of a public
officer:
(1) Appointment of Mayor Pro Tem.
D.2 Discuss and take appropriate action relative to Executive Session Item Number
D1.
E.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.A.1
Town Council call to order and announce a quorum.
Master District call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.A.2
Joint Budget Workshop Session: Review and Discuss FY08-09 Shared
Employees and Preliminary Fire Budget. (6:00 - 7:00 p.m.)
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(smd)
Attachments: 1. MUD Personnel & Salary List
2. Town Personnel & Salary List
3. Fire Revenue Fund Budget & Backup
4. Fire Expense Fund Budget & Backup
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.A.3
Master District to adjourn.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.A.4
Invocation.
Council member Strother will offer the Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.A.5
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
Council member Sterling will lead the Pledges.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.A.6
Citizen Presentations: this is an opportunity for citizens to address the
Council on any matter whether or not it is posted on the agenda. The
Council is not permitted to take action on or discuss any presentations
made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior
to the Council addressing those items. You may speak up to three (3)
minutes or the time limit determined by the Mayor or presiding officer. To
speak during this item you must complete the Speaker's form that includes
the topic(s) of your statement. Topics of presentation should be limited to
matters over which the Council has authority.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.A.7
Discuss and take appropriate action regarding a Proclamation celebrating
June 6, 2008, as the day that the 100,000th meal will be prepared for
Metroport Meals On Wheels by Marriott Solana.
EXPLANATION:
Mary King, Executive Director for Metroport Meals On Wheels will attend the meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Proclamation
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2008-07
Celebrating June 6, 2008, as the 100,000th meal Marriott Solana has
prepared for Metroport Meals On Wheels
WHEREAS, on April 1, 1980, Roanoke Meals On Wheels was born when
Kelly Bradley assembled a group of people who began cooking in their homes to deliver
five meals to elderly residents in Roanoke; and
WHEREAS, in February, 1992, the Marriott Solana Hotel became the
centralized kitchen for Roanoke Meals On Wheels and began serving 10 meals a day
for Roanoke seniors; and
WHEREAS, by 1995, the organization had become Metroport Meals On
Wheels and the Marriott Solana was providing 60 meals a day that were delivered to
seniors in eight communities plus a weekly meal for Metroport’s Senior Center luncheon
in Southlake; and
WHEREAS, Marriott Solana has provided continuous service to Metroport
Meals On Wheels since 1992 at a nominal cost of $2.00. The Marriott Solana enabled
Metroport Meals On Wheels to meet an otherwise unrecognized need to feed hungry
senior citizens in our area. Because of the Marriott Solana’s involvement, more people
became aware of Metroport Meals On Wheels’ meal programs and volunteered to help
deliver meals; and
WHEREAS, In addition to providing food for meals, the Marriott Solana’s
employees embraced Metroport Meals On Wheels’ mission and expanded its capacity
to serve seniors. From the General Managers, to the Food and Beverage Directors, to
the Chefs, to Cielo’s hostesses over the past sixteen years, Marriott Solana’s
commitment to Metroport Meals On Wheels and seniors citizens has been exemplary;
and
NOW, THEREFORE, I, Nick Sanders, Mayor of the Town of Trophy club,
Texas, do hereby proclaim and celebrate June 6, 2008, as: “the 100,000th meal Marriott
Solana has prepared for Metroport Meals On Wheels,” and recognize Marriott Solana
for its corporate citizenship.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 2nd day of June, 2008.
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_____________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
______________________________
Town Secretary
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to ratify the funding
and development agreement between the Town and Centurion Acquisitions
LP for the extension of Northwest Parkway proposed connector road.
(Funding Agreement)
EXPLANATION:
This item was approved at the May 19th Council meeting. A complete final copy with all
exhibits is included as backup for this item.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Agreement between the Town and Centurion Acquisitions L.P.
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FUNDING AND DEVELOPMENT AGREEMENT
by and between
THE TOWN OF TROPHY CLUB, TEXAS
and
CENTURION ACQUISITIONS, L.P..
FOR ROAD AND UTILITY IMPROVEMENTS TO NORTHWEST
PARKWAY PROPOSED CONNECTOR ROAD
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
THIS FUNDING AND DEVELOPMENT AGREEMENT, is made and entered into by and
between the TOWN OF TROPHY CLUB, TEXAS, a Texas home rule municipal
corporation (hereinafter known as the "TROPHY CLUB"), and CENTURION
ACQUISITIONS, LP, a Texas Limited Partnership, and Owner and Developer of the
Highlands At Trophy Club (hereinafter known as "CENTURION"). Trophy Club, and
Centurion shall be collectively referred to as “Parties.” This Development Agreement
("Agreement") is for the purpose of providing funding and construction services for the
construction of certain road and utility improvements to extend Northwest Parkway
through the jurisdictions of Trophy Club and Roanoke, to connect at its intersection with
Highway 377, as described in Exhibit “A”, attached hereto and incorporated herein
(referred to as the "Project”.)
WHEREAS, Centurion is the owner of real property located within the territorial limits of
the Town of Trophy Club and the City of Roanoke and zoned for single family residential
uses, as described in Exhibit “B” attached hereto and incorporated herein (referred to
as the "Property"); and
WHEREAS, Centurion is developing a residential subdivision upon the Property which
is known as the Highlands at Trophy Club, PD Planned Development No. 27 of the
Town of Trophy Club, Texas (referred to as the “Development”); and
WHEREAS, On or about May, 2007, Trophy Club and Centurion entered into the
Highlands At Trophy Club Development and Public Improvement District Agreement
(hereinafter “Development Agreement”) setting forth the terms of cost participation for
the Project in consideration for Trophy Club’s agreement to finance certain public
improvements through the issuance of bonds pursuant to that Development Agreement;
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WHEREAS, Chapter 212, Subchapter C of the TEXAS LOCAL GOVT. CODE specifically
authorizes municipalities and developers to contract for the construction of public
improvements related to a private development; and
WHEREAS, the provisions of this Agreement fully comply with the requirements of
Chapter 212, Subchapter C of the TEXAS LOCAL GOVT. CODE; and
WHEREAS, Centurion as the owner and developer of the Highlands at Trophy Club
desires to participate in this Project with Trophy Club, and finds and determines that the
extension of the public roadway through the Property for the purpose of connecting with
Highway 377 mitigates traffic impact from the Development, is beneficial to the
Development, and improves its marketability; therefore Centurion desires to enter into
this development agreement as authorized by Chapter 212, Subchapter C of the TEXAS
LOCAL GOVT. CODE; and
WHEREAS, the proposed Project will benefit all citizens of Trophy Club and will benefit
Centurion by improving traffic flow and access to the Development; and
WHEREAS, the Parties have agreed to the proposed Project and desire to set forth
herein their respective responsibilities, obligations and rights relative to the construction
and funding of the Project.
NOW, THEREFORE, the Parties, in consideration of the mutual covenants and
agreements contained herein do mutually agree and understand as follows:
SECTION 1.
INCORPORATION OF RECITALS / RIGHT OF WAY
1.01 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Agreement.
1.02 Centurion / Right of Way and Access. Centurion is the owner and developer
of the Property. Centurion represents that it has authority to enter into this
Agreement. Further, Centurion covenants that no other persons or entities
holding legal or equitable interest in the Property are necessary parties to this
Agreement. As a condition precedent to Trophy Club’s obligation to publicly bid
the contract for construction of the Project, Centurion shall take all necessary
actions to dedicate right of way and easements on the Property which are
required for the construction of the Project to Trophy Club and any other
jurisdiction within which the Property is located and for which such dedication is
necessary for the construction of the Project. Further, Centurion shall obtain and
provide all right of access necessary to allow the Project to be constructed.
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1.03 Trophy Club / Right of Way and Access. Trophy Club shall serve as Project
Manager in accordance with the terms of this Agreement. Trophy Club shall take
all appropriate actions necessary to obtain from third parties that right of way, if
any, which is within Trophy Club’s territorial boundaries but outside the
boundaries of the Property and which is necessary for construction of the Project.
SECTION 2
CONSTRUCTION OF IMPROVEMENTS
2.01 Project Management. Trophy Club shall act as Project Manager for the
construction of the Project and shall administer and oversee all contracts and
construction work for the Project. Trophy Club has entered into an interlocal
cooperation agreement with Denton County, Northwest Independent School
District (hereinafter “NISD”), and the City of Roanoke (hereinafter “Roanoke”) for
construction and funding of the Project (hereinafter “Interlocal Agreement”).
Under the Interlocal Agreement, Trophy Club will coordinate with Roanoke for all
portions of the project located within the territorial limits of Roanoke in order to
obtain appropriate inspections and final approval and acceptance of the portion
of the Project located within Roanoke. The contractor(s) for the Project
(hereinafter “Third Party Contractor”) shall be selected through the competitive
bid process as authorized by state law and administered by Trophy Club. The
contract for construction of Project shall be let in the name of the Town of Trophy
Club with approval of the Trophy Club Town Council being required for approval
and award of the contract for the Project.
2.02 Plans and Specifications. Centurion shall prepare plans and specifications for
the Project (hereinafter “Project Plans”) and submit them to the Parties for
approval within thirty (30) days of execution of this Agreement. The Project
Plans shall comply with all requirements of the Town of Trophy Club Design
Standards and Construction Specifications, dated March, 2005, a copy of which
is incorporated herein by reference (hereinafter “Design Standards”). Trophy
Club shall return all comments within thirty (30) business days of receipt of the
Project Plans, or any amendment to previously approved Project Plans. If
Trophy Club fails to provide comments prior to the expiration of such applicable
thirty (30) day period, the Project Plans and/or applicable amendments thereto
shall be deemed approved by Trophy Club. The Parties agree that Trophy
Club’s Engineer shall be responsible for final approval of the Project Plans for
that portion of the Project located within the territorial boundaries of Trophy Club
and that the Project Plans shall not be released for use until such time as the
Trophy Club Engineer provides such approval and Trophy Club’s Town Manager
has provided his written approval of those Project Plans. The Trophy Club
Engineer and Town Manager shall have thirty (30) business days of receipt of the
Project Plans, or any amendment to previously approved Project Plans to either
approve or deny that portion of the Project Plans located within the territorial
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boundaries of Trophy Club. Centurion understands that pursuant to the Interlocal
Agreement, Roanoke’s Engineer shall be responsible for final approval of the
Project Plans for that portion of the Project located within the territorial
boundaries of Roanoke and that the Project Plans shall not be released for use
until such time as the Roanoke Engineer provides such approval and Roanoke’s
City Manager has provided his written approval of those Project Plans.
Centurion further understands that the Roanoke Engineer and City Manager shall
have thirty (30) business days of receipt of the Project Plans, or any amendment
to previously approved Project Plans to either approve or deny that portion of the
Project Plans located within the territorial boundaries of Roanoke. Centurion
agrees to release and hold harmless Trophy Club from any and all
damages, regardless of the nature of those damages, due to, related to,
caused by or arising out of delays caused by the action or inaction of
Roanoke in reviewing and/or approving Project Plans, including without
limitation, revisions and/or amendments to the Project Plans, inspections
of work, or issuance of final acceptance of the portion of the Project
located within the territorial boundaries of Roanoke.
SECTION 3
COST PARTICIPATION
3.01 Paying Agent. As Project Manager, Trophy Club agrees to and shall act as the
paying agent for the Parties. Cost participation shall be in accordance with the
terms of this Section. Trophy Club shall establish an account designated and
used exclusively as the repository for funds for the Project (hereinafter
“Construction Fund”). Within fifteen (15) days after the award of a contract for
the construction of the Project, each of the Parties shall deposit their respective
share of the costs of the Project into the Construction Fund.
3.02 Cost Sharing. Costs of the Project shall be divided among Trophy Club, and
Centurion in the same proportion as the amount contributed by each Party bears
to the total estimated cost of the Project, as such proportion is specifically
identified in Exhibit “C”, a copy of which is attached hereto and incorporated
herein (hereinafter “Proportionate Share”).
3.03 Trophy Club. In performance of this Agreement, Trophy Club, as evidenced by
the signature of its representative below, affirms that the governing body of
Trophy Club approves of the expenditure of Trophy Club funds to participate in
the funding of the Project in an amount not to exceed Six Hundred Eighty One
Thousand Three Hundred Ninety Seven and 24/100 Dollars ($681,397.24) for the
Project Trophy Club’s Financial Officer has certified as part of this Agreement
that Trophy Club has such sum in its budget to be expended for this Project.
3.04 Centurion. In consideration of services provided hereunder by Trophy Club,
Centurion, as evidenced by the signature of its representative below, affirms that
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it shall contribute an amount not to exceed One Million One Hundred Sixty Three
Thousand Eight Hundred Forty Eight And 30/100 Dollars ($1,163,848.30) for the
Project. Centurion’s Financial Officer has certified as part of this Agreement that
Centurion has cash and credit sufficient for Centurion to fund its share of the
costs of the Project in accordance with this Agreement.
3.05 Cost Overruns / Construction Fund Excess. In the event that the combined
estimated cost of the portions of the Project to be paid by Trophy Club and to be
paid by Centurion, which is One Million One Hundred Sixty Three Thousand
Eight Hundred Forty Eight And 29/100 Dollars ($1,163,848.29), is more than the
combined actual cost of the Project to be paid by Trophy Club and to be paid by
Centurion, then Trophy Club and Centurion shall each receive a refund of the
amount provided for hereunder that exceeds each entity’s amount paid, in the
same proportion as the amount contributed bears to the total combined
estimated cost of the Project to be paid by Trophy Club and to be paid by
Centurion. In the event that the actual cost of the Project exceeds the estimated
cost of the Project stated herein, then Trophy Club and Centurion shall each pay
its Proportionate Share of the actual cost of the Project.
3.06 Cost Sharing Roughly Proportionate. Construction of the Project pursuant to
this Agreement and the approved plans shall satisfy all obligations of Centurion
and Trophy Club with regard to the requirements of Section 212.904 of the Texas
Local Government Code, as same was recently amended by the Texas
Legislature. Trophy Club and Centurion agree that the construction of the
Project and associated costs born by the parties to this Agreement are roughly
proportionate to the benefits to be derived by Centurion under this Agreement.
Trophy Club and Centurion agree to waive and release all claims one may have
against the other related to any and all rough proportionality and individual
determination requirements mandated by the United States Supreme Court in
Dolan v. City of Tigard, 512 U.S. 374 (1974), and its progeny; under Section
212.904 of the Texas Local Government Code, as amended; and under any
other requirements of a nexus between development conditions and the
projected impact of the terms of this Agreement.
SECTION 4
MISCELLANEOUS
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4.01 Term. This Agreement shall become effective upon approval by each of the
Parties hereto and upon execution by each of their respective authorized
representatives, and shall remain in effect for a term of two (2) years, unless
earlier terminated as provided herein.
4.02 Consideration. The Parties agree that sufficient consideration for this
Agreement exists and is found in the cross promises set forth above and other
good and valuable consideration paid and services received pursuant to this
Agreement.
4.03 Termination And Release.
Anything contained herein to the contrary notwithstanding, upon satisfactory
completion by the Third Party Contractor and final acceptance of the Project by
Trophy Club, payment by Centurion and final payment by Trophy Club, as Paying
Agent, of the costs identified in this agreement with the Third Party Contractor for
the Project, this Agreement shall terminate.
4.04 Nonwaiver.
All rights, remedies and privileges permitted or available to either party under this
Agreement or at law or equity shall be cumulative and not alternative, and
election of any such right, remedy or privilege shall not constitute a waiver or
exclusive election of rights, remedies or privileges with respect to any other
permitted or available right, remedy or privilege. Additionally, one instance of
forbearance by the either party in the enforcement of any such right, remedy or
privilege against the other party, shall not constitute a waiver of such right,
remedy or privilege by the forbearing party. A default by either party under this
Agreement shall not result in a forfeiture of any rights, remedies, or privileges
under this Agreement by such defaulting party.
4.05 Amendment.
This Agreement may not be amended or modified unless such amendment or
modification is in writing and signed by an authorized representative of each of
the Parties hereto. Additionally, any such amendment or modification signed by
Trophy Club shall only be valid if done pursuant to the vote of the governing body
of Trophy Club authorizing the amendment or modification.
4.06 Entire Agreement.
This Agreement constitutes the entire agreement between the parties and
supersedes all prior agreements, whether oral or written, covering the same
subject matter.
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4.07 Notices.
Written notice shall be deemed effective as of the date of posting with the United
States mail service. All notices hereunder shall be given in writing by certified
mail, postage prepaid, at the following addresses:
Trophy Club:
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
Attention: Brandon Emmons, Town Manager
Centurion:
Centurion American Development Group
Attn:Mehrdad Moayedi
3901 West Airport Freeway, Suite 200
Bedford, TX 76021
4.08 Applicable Law / Venue.
This Agreement is entered into under and pursuant to, and is to be construed
and enforceable in accordance with the laws of the State of Texas. Venue for
any action to enforce or construe this Agreement shall lie in Denton County,
Texas.
4.09 Severability.
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the Parties hereto that the remaining portions shall remain
valid and in full force and effect to the extent possible.
4.10 Relationship of Parties. The Parties intend that Trophy Club and Centurion in
performing their obligations hereunder, shall act as independent parties and shall
each have control of their respective obligations and the manner in which its
respective obligations are performed. Neither Trophy Club. Centurion, nor their
respective employees, contractors, agents, representatives, or any other
person(s) operating under this Agreement on behalf of one or more of the Parties
hereto, shall be considered an agent or employee of any other Party hereto.
Each of the Parties agrees to and accepts full responsibility for the acts,
negligence and/or omissions of their respective employees, contractors, agents,
representatives, or any other person(s) operating under this Agreement on behalf
of such Party.
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4.11 No Third Party Beneficiary. This Agreement is not intended to affect or create
any additional rights or obligations on the part of third parties.
4.12 Construction of Document. This Agreement is a negotiated document and
shall be deemed drafted equally by each of the Parties hereto. The language of
all parts of this Agreement shall be construed as a whole according to its fair
meaning, and any presumption or principle that the language herein is to be
construed against any Party shall not apply.
4.13 Force Majeure. None of the Parties hereto 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 such Party and which by the
exercise of due diligence such Party is unable, wholly or in part, to prevent or
overcome.
EXECUTED as of the ______ day of ________________________, 2008.
TOWN OF TROPHY CLUB, TX
By:_____________________________
C. Nick Sanders, Mayor
ATTEST:
____________________________
Lisa Hennek, Town Secretary
APPROVED AS TO FORM:
_____________________________
Patricia A. Adams, Town Attorney
By:_____________________________
Centurion Acquisitions, LP
_____________________________
Attorney’s for Centurion Acquisitions, LP
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to ratify the
Interlocal Agreement between the Town of Trophy Club, the City of
Roanoke, NISD and Denton County for the construction of Northwest
Parkway along NISD property to its intersection with Highway 377.
EXPLANATION:
This item was approved at the May 19th Council meeting. A complete final copy with all
exhibits is included as backup for this item.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1.Interlocal Agreement
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DEVELOPMENT AGREEMENT
by and between
THE TOWN OF TROPHY CLUB, TEXAS
THE CITY OF ROANOKE, TEXAS,
DENTON COUNTY, TEXAS,
and
NORTHWEST INDEPENDENT SCHOOL DISTRICT
FOR ROAD AND UTILITY IMPROVEMENTS TO NORTHWEST
PARKWAY PROPOSED CONNECTOR ROAD
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
THIS DEVELOPMENT AGREEMENT, is made and entered into by and between the
TOWN OF TROPHY CLUB, TEXAS, a Texas home rule municipal corporation
(hereinafter "Trophy Club"), the CITY OF ROANOKE, TEXAS, a general law
municipality (hereinafter “Roanoke”), DENTON COUNTY, TEXAS a political subdivision
of the State of Texas (hereinafter “County”), NORTHWEST INDEPENDENT SCHOOL
DISTRICT, a Texas independent school district (hereinafter “NISD”). Trophy Club,
Roanoke, NISD, and County shall be collectively referred to as “Parties” or individually
as “Party.”
WHEREAS, this Development Agreement ("Agreement") is for the purpose of providing
funding and construction services for the construction of certain road and utility
improvements to extend Northwest Parkway through the jurisdictions of Trophy Club
and Roanoke, to connect at its intersection with Highway 377, as described in Exhibit
“A,” hereinafter referred to as the "Project."
WHEREAS, CENTURION ACQUISITIONS, LP, a Texas Limited Partnership,
(hereinafter “Centurion”) is the owner of real property located in the Town of Trophy
Club and the City of Roanoke and zoned for single family residential uses, as described
in Exhibit B attached to this Agreement (the "Property"); and
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WHEREAS, Centurion is developing a residential subdivision upon the Property which
is known as the Highlands at Trophy Club, PD Planned Development No. 27 of the
Town of Trophy Club, Texas (hereinafter the “Development”); and
WHEREAS, Trophy Club and Centurion have entered into a separate Funding and
Development Agreement wherein Centurion has agreed to pay for a portion of the
Project in consideration for Trophy Club providing various services and funding
(hereinafter “Funding and Development Agreement”); and
WHEREAS, Chapter 212, Subchapter C of the TEXAS LOCAL GOVT. CODE specifically
authorizes municipalities and developers to contract for the construction of public
improvements related to a private development; and
WHEREAS, the Parties desire to jointly fund construction of the Project in accordance
with the terms of this Agreement and the Funding and Development Agreement and
desire to memorialize certain agreements regarding the administration of the
construction process for the Project, and
WHEREAS, the Parties mutually desire to be subject to the provisions of Texas
Government Code, Chapter 791, the Interlocal Cooperation Act (the “Act”), which
authorizes Texas local governments to contract with one or more other local
governments to perform governmental functions and services under the terms of the
Act; and
WHEREAS, Pursuant to Texas Government Code, §§ 791.011, 791.028 and 791.032,
the Parties agree that the purpose of this Agreement is to ensure that certain
governmental functions and services for the Project related to streets, roads and
drainage are performed; and
WHEREAS, the Parties intend to enter into such interlocal agreements and
development agreements as necessary for the funding and construction of the Project,
with contributions to the cost of the Project to be made by the Parties in accordance
with the terms of this Agreement; and
WHEREAS, Texas Transportation Code §251.012 authorizes the County to provide
County funding to finance the construction of a street in the County that is located within
a municipality and for which the construction work is done by a municipality with the
approval of the governing body of the subject municipality; and
WHEREAS, the proposed Project will benefit all citizens of Trophy Club and Roanoke
and will likewise benefit NISD and County by improving traffic flow and access; and
WHEREAS, a portion of the Project is located adjacent to a future NISD school site and
will provide access to said school; and
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WHEREAS, the Parties have agreed to the proposed Project and desire to set forth
herein their respective responsibilities, obligations and rights relative to the construction
and funding of the Project.
NOW, THEREFORE, the Parties, in consideration of the mutual covenants and
agreements contained herein, do mutually agree and understand as follows:
SECTION 1
INCORPORATION
1.02 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Agreement.
SECTION 2
CONSTRUCTION OF IMPROVEMENTS
2.01 Right of Way. Trophy Club and Roanoke shall each take all appropriate actions
to obtain the necessary right of way for the construction of the Project within their
respective territorial boundaries. All necessary right of access should be
obtained prior to the public bidding of the construction contract for the Project by
Trophy Club. However, in the event that all necessary right of way is not
obtained prior to the approval of the Project Plans by all Parties as set forth in
Section 2.03, Trophy Club shall solicit bids for the Project and such bid shall be
structured for phasing of the Project. All Parties shall provide the right of access
necessary to allow the Project to be constructed. In the event that the necessary
right of way is not secured prior to the bidding of the Project, all Parties shall
commence with actions necessary to acquire the necessary right of access within
one hundred and eighty (180) days of the effective date of this Agreement, as
specified in Section 4.01. As a condition to NISD's contribution of funds under
this Agreement, Trophy Club and NISD shall amend the Subdivider's Agreement
with NISD in order to set forth the conditions under which a temporary certificate
of occupancy will be issued to NISD's future school in the event that the portion
of the Project adjacent to NISD's future school is not fully completed prior to the
date for opening of the school.
2.02 Project Management. Trophy Club shall act as Project Manager for the
construction of the Project and shall administer and oversee all contracts and
construction work for the Project. Trophy Club shall coordinate with Roanoke for
all portions of the Project located within the territorial boundaries of Roanoke in
order to obtain appropriate inspections and final approval and acceptance of the
portion of the Project located within Roanoke, in accordance with the terms of
this Agreement. The contractor(s) for the Project (hereinafter “Third Party
Contractor”) shall be selected through the competitive bid process as authorized
by state law and administered by Trophy Club. The bid pricing shall be submitted
to the Parties for approval prior to selection of the Third Party Contractor and
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award of contract for the Project (hereinafter the “Construction Contract”). The
contracts for construction of Project shall be let in the name of the Town of
Trophy Club with approval of the Trophy Club Town Council being required for
approval and award of the contract for the Project. All change orders for the
Project shall be approved by Trophy Club, Roanoke, and NISD prior to such
change order taking effect and becoming a part of the Construction Contract.
Change orders which do not change the contributions amounts of Trophy Club,
Roanoke, and NISD, as specified in Sections 3.03 to 3.05 of this Agreement,
may be approved administratively by the Trophy Club Town Manager, Roanoke
City Manager, and NISD Superintendent or Assistant Superintendent. Trophy
Club Town Manager, Roanoke City Manager, and NISD Superintendent or
Assistant Superintendent shall act on the change orders within seven (7) days of
submission to Trophy Club, Roanoke, and NISD. Failure to act upon said
change order within seven (7) days of submission shall constitute approval of the
change order. Change orders which request a change in the amount of money
to be paid by the Party or Parties to the Third Party Contractor shall be forwarded
to the Party or Parties which it affects, and such Party or Parties shall place the
change order on the agenda for the next regularly scheduled meeting of its
respective governing body. Failure to take action within twenty-five (25) days of
the receipt of such change order shall constitute approval of the change order.
2.03 Plans and Specifications – Review and Approval. Pursuant to the Funding
and Development Agreement, Trophy Club shall obtain plans and specifications
for the Project prepared by Centurion (hereinafter “Project Plans”) and submit the
Project Plans to the Parties for approval within seventy-five (75) days of
execution of this Agreement. The Project Plans shall comply with all
requirements of the Town of Trophy Club Design Standards and Construction
Specifications, dated March, 2005, a copy of which is incorporated herein by
reference (hereinafter “Design Standards”). Trophy Club shall return all
comments within thirty (30) business days of receipt of the Project Plans, or any
amendment to previously approved Project Plans. The Parties agree that
Trophy Club’s Engineer shall be responsible for final approval of the Project
Plans for that portion of the Project located within the territorial boundaries of
Trophy Club and that the Project Plans shall not be released for use until such
time as the Trophy Club Engineer and Trophy Club Town Manager have
provided their written approval of those Project Plans. The Trophy Club Engineer
and Town Manager shall have thirty (30) business days of receipt of the Project
Plans, or any amendment to previously approved Project Plans to either approve
or deny that portion of the Project Plans located within the territorial boundaries
of Trophy Club. If Trophy Club fails to provide comments and/or deny approval of
the Project Plans and/or applicable amendments prior to the expiration of the
applicable thirty (30) day period, the Project Plans and/or applicable
amendments thereto shall be deemed approved by Trophy Club.
Further, the Parties agree that Roanoke’s Engineer shall be responsible for final
approval of the Project Plans for that portion of the Project located within the
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territorial boundaries of Roanoke and that the Project Plans shall not be released
for use until such time as the Roanoke Engineer and Roanoke City Manager
have provided their written approval of those Project Plans. The Roanoke
Engineer and Roanoke City Manager shall have thirty (30) business days of
receipt of the Project Plans, or any amendment to previously approved Project
Plans to either approve or deny that portion of the Project Plans located within
the territorial boundaries of Roanoke. If Roanoke fails to provide comments
and/or deny approval of the Project Plans and/or applicable amendments prior to
the expiration of the applicable thirty (30) day period, the Project Plans and/or
applicable amendments thereto shall be deemed approved by Roanoke.
2.04 Construction Standards and Inspection. The Project shall be constructed and
inspected in accordance with applicable state law and Trophy Club ordinances
regulating construction and development, including without limitation the Design
Standards, and the provision of a payment and performance bond in accordance
with Section 2253.021 of the Texas Government Code, as amended. Roanoke
agrees that the Design Standards shall be applicable to that portion of the Project
located within the territorial boundaries of Roanoke. Inspection of the Public
Improvements to confirm compliance with applicable requirements will be either
by a third-party inspector or in-house inspector selected by Trophy Club for that
portion of the Project located within Trophy Club. Inspection of the Public
Improvements to confirm compliance with applicable requirements will be either
by a third-party inspector or in-house inspector selected by Roanoke for that
portion of the Project located within Roanoke.
2.05 Final Acceptance and Maintenance of Project. Roanoke understands and
agrees that as Project Manager and as the entity contracting with the Third Party
Contractor constructing the Project, Trophy Club will be required to make a
determination whether final acceptance under the Construction Contract is
appropriate. Trophy Club and Roanoke shall each follow their standard
procedures for determining final acceptance of public infrastructure for those
segments of the Project that lie within their respective territorial boundaries.
Upon notification from Roanoke that Roanoke has approved final acceptance of
the portion of the Project located within the territorial boundaries of Roanoke and
upon determination by the Trophy Club Engineer that the Project complies with
all Project Plans, the Town Engineer shall recommend that Trophy Club issue
final acceptance of the Project for purposes of fulfilling its contractual obligations
to the Third Party Contractor and its obligations under this Agreement as Paying
Agent. The maintenance period for the entire Project shall commence on the
date that Trophy Club issues appropriate final acceptance documentation under
the Construction Contract to the Third Party Contractor. Trophy Club shall not
issue final acceptance in phases, segments, or units. Upon completion and final
acceptance of the Project, Trophy Club and Roanoke shall each be responsible
for maintenance of Project improvements within their respective territorial
boundaries.
SECTION 3
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COST PARTICIPATION
3.01 Paying Agent. As Project Manager, Trophy Club agrees to and shall act as the
paying agent for the Parties for making periodic payments and for other payment
purposes under the Construction Contract. Cost participation shall be in
accordance with the terms of this Paragraph. Trophy Club shall establish an
account designated and used exclusively as the repository for funds for the
Project (hereinafter “Construction Fund”). Within thirty (30) days after the award
of a contract for the construction of the Project, each of the Parties shall deposit
their respective share of the costs of the Project into the Construction Fund.
Trophy Club, Roanoke, and NISD shall be entitled to accrued interest earned
upon their respective share of the Construction Fund and their respective share
of any other proceeds deposited in the Construction Fund. Trophy Club shall
remit accrued interest earned on the Construction Fund to Roanoke and NISD on
a monthly basis, and Trophy Club shall be entitled to withdraw the accrued
interest on Trophy Club’s portion of the Construction Fund on a monthly basis.
The respective share of any accrued interest shall be determined by contribution
amounts specified in Paragraphs 3.03, 3.04, or 3.05 of this Agreement as
appropriate divided by the sum total of the contribution amounts specified in
Paragraphs 3.03, 3.04, and 3.05 of this Agreement.
3.02 Cost Sharing/Cost Overrun. Costs of the Project shall be divided among
Trophy Club, Roanoke, and NISD in the same proportion as the amount
contributed by each Party bears to the total estimated cost of the Project, as
such proportion is specifically identified in Exhibit “C,” a copy of which is
attached hereto and incorporated herein (hereinafter “Proportionate Share”). As
more specifically described in Paragraph 3.07 below, County shall contribute a
lump sum in the amount of One Million Three Hundred Thousand and No/100
dollars ($1,300,000.00) to the cost of the Project (hereinafter “County
Contribution”). Centurion shall contribute a lump sum in the amount of One
Million One Hundred and Sixty Three Thousand Eight Hundred and Forty Eight
and 30/100 Dollars ($1,163,848.30) towards the cost of the Project (hereinafter
“Centurion Contribution”), as set forth in the Funding and Development
Agreement. The total estimated cost of the Project is Five Million Two Hundred
Fifty Three Thousand Two Hundred and Fifteen and 18/100 Dollars
($5,253,215.18), which total includes contingencies in accordance with Exhibit
“C” (hereinafter “Engineer’s Probable Cost Opinion”). The County Contribution
and Centurion Contribution shall be a credit against the Proportionate Share due
from Trophy Club, Roanoke, and NISD as more specifically described in
Paragraph 3.08 below. Cost Overrun (defined below) shall be shared among
the Parties in accordance with Paragraph 3.08 of this Agreement
3.03 Trophy Club. In performance of this Agreement, Trophy Club, as evidenced by
the signature of its representative below, affirms that the governing body of
Trophy Club approves of the expenditure of Trophy Club funds to participate in
the funding of the Project in an amount not to exceed Seven Hundred Seventy
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Seven Thousand One Hundred Seventeen and 35/100 Dollars ($777,117.35) for
the Project, except as provided below, in order to pay Trophy Club’s portion of
the Project as established by the Engineer’s Probable Cost Opinion. Trophy
Club’s Financial Officer has certified as part of this Agreement that Trophy Club
has the such sum in its budget to be expended for this Project. Trophy Club
agrees to pay its Proportionate Share of such Cost Overrun for the Project in
accordance with the terms of Paragraph 3.08 of this Agreement.
3.04 Roanoke. In performance of this Agreement, Roanoke, as evidenced by the
signature of its representative below, affirms that the governing body of Roanoke
approves of the expenditure of Roanoke funds to participate in the funding of the
Project in an amount not to exceed Five Hundred Nineteen Thousand Nine
Hundred Thirty and 65/100 Dollars ($519,930.65) except as provided below, in
order to pay Roanoke’s portion of the Project as established by the Engineer’s
Probable Cost Opinion. Roanoke’s Financial Officer has certified as part of this
Agreement that Roanoke has such sum in its budget to be expended for this
Project. Roanoke agrees to pay its Proportionate Share of such Cost Overrun for
the Project in accordance with the terms of Paragraph 3.08 of this Agreement.
3.05 NISD. NISD, as evidenced by the signature of its representative below, affirms
that the governing body of the NISD approves of the expenditure of NISD funds
to participate in the funding of the Project in an amount not to exceed One Million
Four Hundred Ninety Two Thousand Three Hundred Eighteen and 88/100
Dollars ($1,492,318.88) for the Project except as provided below, in order to pay
NISD’s portion of the Project as established by the Engineer’s Probable Cost
Opinion. NISD’s Financial Officer has certified as part of this Agreement that
NISD has such sum in its budget to be expended for this Project. NISD agrees
to pay its Proportionate Share of such Cost Overrun for the Project in accordance
with the terms of Paragraph 3.08 of this Agreement.
3.06 Approval of County Funds for Road Project within Trophy Club and
Roanoke. As evidenced by the signature of the respective representatives for
Trophy Club and Roanoke below, the respective governing bodies of Trophy
Club and Roanoke each have approved the expenditure of County money to
participate in the funding of the Project in an amount of One Million Three
Hundred Thousand and No/100 dollars ($1,300,000.00).
3.07 County. County agrees to tender payment to Trophy Club as Paying Agent in
the amount of One Million Three Hundred Thousand and No/100 dollars
($1,300,000.00) for its portion of the funding of the Project (hereinafter “County
Contribution”). Upon receipt of the County Contribution, Trophy Club shall
deposit the County Contribution into the Construction Fund. As evidenced by the
signature of its representative below, County represents and warrants that its
funding source is approved by the Denton County Commissioner’s Court.
County’s Financial Officer has certified as part of this Agreement that County has
such sum in its budget to be expended for this Project.
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3.08 Application of County Contribution / Construction Fund Excess / Cost
Overrun. The County Contribution shall be applied as a credit against the
Proportionate share of funding provided by Trophy Club, Roanoke, and NISD in
proportion to their Proportionate Shares. Additionally, accrued interest on the
County Contribution deposited in the Construction Fund shall be distributed
proportionately and in accordance with Paragraph 3.01. In the event that the
Engineer’s Probable Cost Opinion for the Project is more than the actual cost of
the Project, then Trophy Club, Roanoke, and NISD shall each receive a refund
based upon their Proportionate Share of the Project. In the event that the
Engineer’s Probable Cost Opinion for the Project is less than the actual cost of
the Project awarded in the Construction Contract (“Cost Overrun”), and to the
extent allowed by law, Trophy Club, Roanoke, and NISD shall each pay its
Proportionate Share of such Cost Overrun.
SECTION 4
MISCELLANEOUS
4.01 Term. This Agreement shall become effective upon approval by each of the
respective governing bodies of Trophy Club, Roanoke, NISD, and County and
upon execution by each of their respective authorized representatives. The
Parties recognize that the Project to be constructed hereunder is a capital
improvement project; therefore, this Agreement shall remain in effect for an initial
term of one (1) year after execution by all Parties (hereinafter “Initial Term”).
Upon the expiration of the Initial Term, this Agreement shall automatically renew
for one (1) additional term of one year (1) unless terminated by written notice
provided to all Parties at least sixty (60) days prior to the expiration of the Initial
Term.
4.02 Consideration. The Parties agree that sufficient consideration for this
Agreement exists and is found in the agreements of the Parties set forth above
and other good and valuable consideration paid and services received pursuant
to this Agreement. Each of the Parties hereto paying for the performance of
governmental functions or services shall make such payments only from current
revenues legally available to the paying party. Each of the Parties further agrees
that it is fairly compensated for the services or functions performed under the
terms of this Agreement.
4.03 Termination And Release. Anything contained herein to the contrary
notwithstanding, upon satisfactory completion by the Third Party Contractor and
final acceptance of the Project by Trophy Club and Roanoke, and further, upon
final payment to Third Party Contractor for the Project by Trophy Club, as Paying
Agent, this Agreement shall automatically terminate without further action being
required of the Parties.
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4.04 Non Waiver. All rights, remedies and privileges permitted or available to any
Party under this Agreement or at law or equity shall be cumulative and not
alternative, and the election by a Party of any such right, remedy or privilege
shall not constitute a waiver or exclusive election of rights, remedies or privileges
with respect to any other permitted or available right, remedy or privilege for that
Party. Additionally, one instance of forbearance by the any party in the
enforcement of any such right, remedy or privilege against another Party, shall
not constitute a waiver of any other or such right, remedy or privilege by the
forbearing Party. A default by any Party under this Agreement shall not result in a
forfeiture of any rights, remedies, or privileges under this Agreement by such
defaulting Party.
4.05 Amendment. This Agreement may not be amended or modified unless such
amendment or modification is in writing and signed by an authorized
representative of each of the Parties hereto. Additionally, any such amendment
or modification signed by the Parties shall only be valid if done pursuant to the
vote of the respective governing body of each Party authorizing such amendment
or modification to this Agreement.
4.06 Assignment. This Agreement may not be sold, transferred, or assigned by any
Party without the express written consent of the other Parties hereto.
4.07 Entire Agreement. This Agreement constitutes the entire agreement between
the Parties and supersedes all prior agreements, whether oral or written,
covering the same subject matter. This Agreement may not be modified or
amended except in writing mutually approved in accordance with Paragraph 4.05
herein.
4.14 Notices. Written notice shall be deemed effective as of the date of posting with
the United States mail service. All notices hereunder shall be given in writing by
certified mail, postage prepaid, return receipt requested, at the following addresses
for each Party:
Trophy Club:
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
Attention: Brandon Emmons, Town Manager
Roanoke:
City of Roanoke
108 S. Oak Street
Roanoke, Texas 76262
Attention: Jimmy Stathatos, City Manager
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NISD:
Northwest Independent School District
P.O. Box 77070
Fort Worth, Texas 76177
Attention: Dennis McCreary, Assistant Superintendent
County:
Denton County, Texas
c/o Denton County Judge
Courthouse on the Square
110 W. Hickory Street, 2nd Floor
Denton, Texas, 76201
Attention: Honorable Andy Eads
With copy to:
Denton County District Attorney’s Office
Attention: Civil Division
1450 East McKinney Street, Suite 3100
Denton, Texas 76209
4.15 Applicable Law / Venue. This Agreement is entered into under and made
pursuant to, and is to be construed and enforceable in accordance with the laws
of the State of Texas. Exclusive venue for any action to enforce or construe this
Agreement shall lie in Denton County, Texas.
4.16 Immunity. The fact that the Parties individually and/or collectively accept certain
responsibilities relating to Project under this Agreement as part of their
responsibility for providing the public infrastructure set forth in this Agreement
makes it imperative that the performance of the obligations imposed under this
Agreement be recognized as a governmental function and that the doctrine of
governmental immunity shall be, and it is hereby, invoked to the extent possible
under the law. Neither Trophy Club, Roanoke, NISD or County waives any
immunity or defense that would otherwise be available to it against claims arising
from the exercise of governmental powers and functions.
4.17 Severability. In the event that any portion of this Agreement shall be found by a
court of competent jurisdiction to be contrary to law, it is the intent of the Parties
hereto that the remaining portions of this Agreement shall remain valid and in full
force and effect to the extent possible.
4.18 Relationship of Parties. The Parties intend that Trophy Club, Roanoke, NISD
and County, in performing their obligations hereunder, shall act as independent
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parties and shall each have control of their respective obligations and the manner
in which its obligations are performed. Neither Trophy Club, Roanoke, NISD or
County, or their respective employees, contractors, agents, representatives, or
any other person(s) operating under this Agreement on behalf of one or more of
the Parties hereto, shall be considered an agent or employee of any other Party
hereto. Each of the Parties agrees to and accepts full responsibility for the acts,
negligence and/or omissions of their respective employees, contractors, agents,
representatives, or any other person(s) operating under this Agreement on behalf
of such Party.
4.19 No Third Party Beneficiary. This Agreement is not intended to effect or create
any additional rights or obligations on the part of third parties who are not a
signatory to this Agreement.
4.20 Construction of Document. This Agreement is a negotiated document and
shall be deemed drafted equally by all Parties hereto. The language of all parts
of this Agreement shall be construed as a whole according to its fair meaning,
and any presumption or principle that the language herein is to be construed
against any Party shall not apply.
4.21 Force Majeure. None of the Parties hereto shall be required to perform any
term, condition, or covenant in this 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 such Party and which by the
exercise of due diligence such Party is unable, wholly or in part, to prevent or
overcome.
4.22 Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
EXECUTED as of the ______ day of ________________________, 2008.
TOWN OF TROPHY CLUB, TX
By:_____________________________
C. Nick Sanders, Mayor
ATTEST:
____________________________
Lisa Hennek, Town Secretary
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APPROVED AS TO FORM:
_____________________________
Patricia A. Adams, Town Attorney
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EXECUTED as of the ______ day of ________________________, 2008.
CITY OF ROANOKE, TX
By:_____________________________
Carl E. Gierisch, Jr., Mayor
ATTEST:
____________________________
Kim Barnes, City Secretary
APPROVED AS TO FORM:
_____________________________
Jeff Moore, City Attorney
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EXECUTED as of the ______ day of ________________________, 2008.
DENTON COUNTY, TX
By:_____________________________
Denton County Commissioner, Andy Eads
ATTEST:
____________________________
County Clerk
APPROVED AS TO FORM:
_____________________________
County Attorney
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EXECUTED as of the _____ day of ____________________, 2008.
NORTHWEST INDEPENDENT
SCHOOL DISTRICT
By:________________________
ATTEST:
____________________________
Title: ___________________
APPROVED AS TO FORM:
_____________________________
NISD Attorney
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a
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.B.3
Consent Agenda: Discussion and take appropriate action to approve the
Interlocal Cooperation Agreement-Tax Collection between Denton County
and the Trophy Club PID (I&S), and designating Sakura Moten-Dedrick,
Finance Director as the Liaison.
EXPLANATION:
This is an annual agreement (Oct 2008 - Sep 2009) under which Denton County serves
as the tax assessor and collector for the Town of Trophy Club, Trophy Club PID
Emergency Services (O&M), and Trophy Club PID (I&S). While appraisal of properties
is completed separately by Denton and Tarrant County Appraisers, collection of both
counties is achieved by Denton County. This agreement is substantially the same as it
has been for several years, with the exception of the increase in fee, which is as follows:
2006 2007 2008
Mail Tax Statement $.67 $.73 $.73
Mail Tax Statement (2nd Notice) $.44 $.44 $.73
Mail Delinquent Tax Statement (Sec. 33.11) $.67 $.73 $.73
Mail Delinquent Tax Statement (Sec. 33.07) $.67 $.73 $.73
*All Other Fees Remain Unchanged
The Town Council previously approved both the Town of Trophy Club, and Trophy Club
PID Emergency Services (O&M) contracts on at our last session on 05/16/08. The
Trophy Club PID (I&S) contract was approved on 04/07/08; however, staff was recently
made aware by Denton County that this initial contract was only intended to serve as a
draft copy, with the final to follow. Attached is the final Trophy Club PID (I&S) collection
contract with all County updates.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(smd)
Attachments: 1. 2008 Interlocal Agreement For Property Tax Collection (PID I&S)
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INTERLOCAL COOPERATION AGREEMENT - TAX COLLECTION
THIS AGREEMENT is made and entered into this _____________________ day
of ____________________ 2008, by and between DENTON COUNTY, a political
subdivision of the State of Texas, hereinafter referred to as "COUNTY," and TROPHY
CLUB PID, Denton County, Texas, also a political subdivision of the State of Texas,
hereinafter referred to as "DISTRICT."
WHEREAS, COUNTY and DISTRICT mutually desire to be subject to the
provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act,
and V.T.C.A., Tax Code, Section 6.24; and
WHEREAS, DISTRICT has the authority to contract with the COUNTY for the
COUNTY to act as tax assessor and collector for DISTRICT and COUNTY has the
authority to so act;
NOW THEREFORE, COUNTY and DISTRICT, for and in consideration of the
mutual promises, covenants, and agreements herein contained, do agree as follows:
I.
The effective date of this Agreement shall be the 1st day of October, 2008. The
term of this Agreement shall be for a period of one year, from October 1, 2008, to and
through September 30, 2009. This Agreement shall be automatically renewed for an
additional one (1) year term at the discretion of the COUNTY and DISTRICT, unless
written notice of termination is provided by the terminating party to the other party prior
to one hundred-fifty (150) days of the expiration date of the initial term of the
Agreement.
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II.
For the purposes and consideration herein stated and contemplated, COUNTY
shall provide the following necessary and appropriate services for DISTRICT to the
maximum extent authorized by this Agreement, without regard to race, sex, religion,
color, age, disability, or national origin:
1. COUNTY, by and through its duly qualified tax assessor-collector, shall
serve as tax assessor-collector for DISTRICT for assessment collection for tax year
2008, and each tax year for the duration of this Agreement. COUNTY agrees to
perform all necessary assessment collecting duties for DISTRICT and DISTRICT does
hereby expressly authorize COUNTY to do and perform all acts necessary and proper
to assess and collect taxes for DISTRICT. COUNTY agrees to collect base taxes,
penalties, interest, and attorney's fees.
2. COUNTY agrees to prepare and mail all tax statements; provide monthly
collection reports to DISTRICT; prepare tax certificates; develop and maintain both
current and delinquent tax rolls; meet the requirements of Section 26.04 of the Texas
Tax Code; and to develop and maintain such other records and forms as are necessary
or required by State law, rules, or regulations.
3. COUNTY agrees to develop and maintain written policies and procedures
of its operation. COUNTY further agrees to make available full information about the
operation of the County Tax Office to DISTRICT, and to promptly furnish written reports
to keep DISTRICT informed of all financial information affecting it.
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4. DISTRICT agrees to promptly deliver to COUNTY all records that it has
accumulated and developed in the collection of assessments, and to cooperate in
furnishing or locating any other information and records needed by COUNTY to perform
its duties under the terms and conditions of this Agreement.
5. COUNTY agrees to allow an audit of the assessment collection records of
DISTRICT in COUNTY’S possession during normal working hours with at least 48
hours advance, written notice to COUNTY. The expense of any and all such audits
shall be paid by DISTRICT. A copy of any and all such audits shall be furnished to
COUNTY.
6. If required by DISTRICT, COUNTY agrees to obtain a surety bond for the
County Tax Assessor/Collector. Such bond will be conditioned upon the faithful
performance of the Tax Assessor/Collector’s lawful duties, will be made payable to
DISTRICT and in an amount determined by the governing body of DISTRICT. The
premium for any such bond shall be borne solely by DISTRICT.
7. COUNTY agrees that it will place quarter-page advertisements in
newspapers serving Denton County in January, 2009, as a reminder that delinquent
penalties will apply to all assessments which are not paid by January 31, 2009. The
advertisements will be printed two times in each paper between January 5th and
January 25th.
8. COUNTY agrees that it will post to a secure website collection reports for
DISTRICT listing current assessments, delinquent assessments, and penalties and
interest on a daily basis between October 1, 2008 and March 31, 2008 and on a weekly
basis between April 1, 2008 and September 30, 2008; provide monthly Maintenance
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and Operation (hereinafter referred to as “MO”), and Interest and Sinking (hereinafter
referred to as “IS”) collection reports; provide monthly recap reports; and provide
monthly attorney fee collection reports.
9. DISTRICT retains its right to select its own delinquent assessment
collection attorney and COUNTY agrees to reasonably cooperate with the attorney
selected by DISTRICT in the collection of delinquent taxes and related activities.
III.
COUNTY hereby designates the Denton County Tax Assessor/ Collector to act
on behalf of the County Tax Office and to serve as Liaison for COUNTY with DISTRICT.
The County Tax Assessor/Collector, and/or his/her designee, shall ensure the
performance of all duties and obligations of COUNTY; shall devote sufficient time and
attention to the execution of said duties on behalf of COUNTY in full compliance with
the terms and conditions of this Agreement; and shall provide immediate and direct
supervision of the County Tax Office employees, agents, contractors, subcontractors,
and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this
Agreement for the mutual benefit of COUNTY and DISTRICT.
IV.
It is understood and agreed between COUNTY and DISTRICT that the
DISTRICT, in performing its obligations hereunder, is acting independently, and the
COUNTY assumes no responsibility or liabilities in connection therewith to third parties.
It is further understood and agreed between COUNTY and DISTRICT that the
COUNTY, in performing its obligations hereunder, is acting independently, and the
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DISTRICT assumes no responsibilities in connection therewith to third parties. Nothing
in this AGREEMENT is intended to benefit any third party beneficiary.
DISTRICT agrees that it will protect, defend, indemnify, and hold harmless
COUNTY and all of its officers, agents, and employees from and against all claims,
demands, causes of action, damages, judgments, losses and expenses, including
attorney’s fees, of whatsoever nature, character, or description that any person or entity
has or may have arising from or on account of any injuries or damages received or
sustained by person, persons, or property, on account of or arising out of, or in
connection with the performance of the services, including without limiting the generality
of the foregoing, any negligent act or omission of the DISTRICT or any employee,
officer, agent, subcontractor, servant, invitee, or assignee of the DISTRICT in the
execution or performance of this AGREEMENT. This provision shall survive the
termination of this AGREEMENT.
V.
COUNTY accepts responsibility for the acts, negligence, and/or omissions
related to assessment service of all COUNTY employees and agents, sub-contractors
and /or contract laborers, and for those actions of other persons doing work under a
contract or agreement with COUNTY to the extent allowed by law.
VI.
DISTRICT accepts responsibility for the acts, negligence, and/or omissions of all
DISTRICT employees and agents, sub-contractors and/or contract laborers, and for
those of all other persons doing work under a contract or agreement with DISTRICT to
the extent allowed by law.
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VII.
DISTRICT understands and agrees that DISTRICT, its employees, servants,
agents, and representatives shall at no time represent themselves to be employees,
servants, agents, and/or representatives of COUNTY. COUNTY understands and
agrees that COUNTY, its employees, servants, agents, and representatives shall at no
time represent themselves to be employees, servants, agents, and/or representatives of
DISTRICT.
VIII.
For the services rendered during the 2008-2009 tax year, DISTRICT agrees to
pay COUNTY for the receipting, bookkeeping, issuing, and mailing of tax statements as
follows:
1. The current tax statements will be mailed on or about October 20th or as
soon thereafter as practical. The fee for this service will be a rate not to exceed
Seventy-three Cents ($.73) per statement, but a minimum fee per year for the October
mailing will be $500.00. If DISTRICT does not provide the assessment roll on or before
September 29, 2008, COUNTY will charge a $5,000.00 late processing fee, plus the per
statement fee not to exceed Seventy-three Cents ($.73) each. The assessment roll is to
be in the form of a flat ASCII file and delivered to both the Tax Assessor/Collector and
to the Tax Assessor/Collector’s software provider, delivery may be by CD, or FTP.
2. All assessments become due on receipt of the tax statement each year.
3. All unpaid assessments become delinquent on February 1st of the year
following the tax year. Penalty and interest fees accrue at the same rate and time
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schedule as the same year’s ad valorem property tax. (Tax Code, Section 31.02(a),
and 33.01(a))
4. Delinquent assessment collection attorneys become involved at the same
times as do the delinquent ad valorem property tax attorneys. (Tax Code, Sections
6.30, 33.07, 33.08, 33.11, and 33.48)
5. An additional notice will be sent during the month of March following the
initial mailing provided that DISTRICT has requested such a notice on or before
February 28th. The fee for this service will be a rate not to exceed Seventy-three Cents
($.73) per statement.
6. At least 30 days, but no more than 60 days, prior to April 1st, and following
the initial mailing, a delinquent assessment statement meeting the requirements of
Section 33.11 of the Texas Property Tax Code will be mailed. The fee for this service
will be a rate not to exceed Seventy-three Cents ($.73) per delinquent statement.
7. At least 30 days, but no more than 60 days, prior to July 1st, and following
the initial mailing, a delinquent assessment statement meeting the requirements of
Section 33.07 of the Texas Property Tax Code will be mailed. The fee for this service
will be a rate not to exceed Seventy-three Cents ($.73) per delinquent statement.
8. In event of a successful challenge to the assessments taking place after
tax bills for DISTRICT have been mailed, DISTRICT agrees to pay COUNTY a
programming charge of $5,000.00. Additionally, a processing fee for preparing and
mailing will be a rate not to exceed Seventy-three Cents ($.73) per corrected statement,
to comply with Property Tax Code Section 26.07 (f), will be charged. When a refund is
required per Property Tax Code Section 26.07 (g), a $.25 processing fee per check will
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be charged, in addition to the corrected statement mailing costs. If issuance of refunds
is required, it will be the responsibility of the COUNTY. DISTRICT will be billed for the
refunds, first-class postage and the processing fees.
9. DISTRICT understands and agrees that COUNTY will bill DISTRICT
following each mailing for which charges are permitted. Payment is due upon receipt of
the statement.
10. DISTRICT further understands and agrees that COUNTY (at its sole
discretion) may increase or decrease the amounts charged to DISTRICT for any
renewal year of this Agreement, provided that COUNTY gives written notice to
DISTRICT sixty (60) days prior to the expiration date of the initial term of the
Agreement.
IX.
COUNTY agrees to remit all taxes, penalties, and interest collected on
DISTRICT's behalf and to deposit such funds into the DISTRICT’s depositories, as
designated:
1. For deposits of assessments, penalties, and interest, payment shall be by
wire transfer or by check sent by mail to DISTRICT's accounts only, and segregated
into the appropriate MO and IS accounts.
2. If DISTRICT uses the same depository as COUNTY, the deposits of
assessments, penalty and interest shall be by deposit transfer.
3. In anticipation of renewal of this Agreement, COUNTY further agrees that
from October 1, 2008 through March 31, 2009, deposits will be made daily and from
April 1, 2009, through September 30, 2009, deposits will be made weekly. For end of
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month reporting, there will be a deposit made at the end of each month. It is expressly
understood, however, that this obligation of COUNTY shall not survive termination of
this Agreement, whether by termination by either party or by failure of the parties to
renew this Agreement.
X.
In the event of termination, the withdrawing party shall be obligated to make such
payments as are required by this Agreement through the balance of the tax year in
which notice is given. COUNTY shall be obligated to provide services pursuant to this
Agreement, during such period.
XI.
This Agreement represents the entire agreement between DISTRICT and
COUNTY and supersedes all prior negotiations, representations, and/or agreements,
either written or oral. This Agreement may be amended only by written instrument
signed by the governing bodies of both DISTRICT and COUNTY or those authorized to
sign on behalf of those governing bodies.
XII.
Any and all written notices required to be given under this Agreement shall be
delivered or mailed to the listed addresses:
COUNTY:
County Judge of Denton County
110 West Hickory
Denton, Texas 76201
Telephone 940-349-2820
DISTRICT:
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Trophy Club PID
100 Municipal
The Trophy Club, Texas 76262
Telephone: 682-831-4610
XIII.
DISTRICT hereby designates _____________________ to act on behalf of
DISTRICT, and to serve as Liaison for DISTRICT to ensure the performance of all
duties and obligations of DISTRICT as stated in this Agreement. DISTRICT’s designee
shall devote sufficient time and attention to the execution of said duties on behalf of
DISTRICT in full compliance with the terms and conditions of this Agreement; shall
provide immediate and direct supervision of the DISTRICT employees, agents,
contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes,
terms and conditions of this Agreement for the mutual benefit of DISTRICT and
COUNTY.
XIV.
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XV.
The undersigned officers and/or agents of the parties are the properly authorized
officials and have the necessary authority to execute this agreement on behalf of the
parties. Each party hereby certifies to the other that any resolutions necessary for this
Agreement have been duly passed and are now in full force and effect.
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Executed in duplicate originals this, ______________day of
__________________ 2008.
COUNTY DISTRICT
BY:___________________________ BY:__________________________
Honorable Mary Horn Name:________________________
Denton County Judge Title:_________________________
ATTEST: ATTEST:
BY:____________________________ BY:__________________________
Cynthia Mitchell Name_________________________
Denton County Clerk Title__________________________
APPROVED FORM AND CONTENT: APPROVED AS TO FORM:
_______________________________ ______________________________
Steve Mossman Kim Gilles
Denton County Denton County
Tax Assessor/Collector Assistant District Attorney
Denton County Texas
110 West Hickory
Denton, Texas 76201
Trophy Club PID
100 Municipal Dr.
The Trophy Club, Texas 76262
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.B.4
Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. April 2008
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. April 2008
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.B.5
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, May 19, 2008.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(SD)
Attachments: 1. May 19, 2008
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MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, May 19, 2008
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, May 19,
2008. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Susan Edstrom Mayor Pro Tem
Philip Sterling Council Member
Jim Moss Council Member
Kathleen Wilson Council Member
Glenn Strother Council Member
TOWN COUNCIL MEMBERS ABSENT:
Pam Cates Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Shannon DePrater Deputy Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Adam Adams Parks & Recreation Director
Sakura Moten-Dedrick Finance Director
Stephanie Gohlke Financial Analyst
Mark Chambers Trophy Club Municipal Court Judge
Bill Rose CRC Chairman
A.1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was
present.
A.2 Financial Analyst Stephanie Gohlke gave the Invocation.
A.3 Finance Director Sakura Moten-Dedrick led the pledges.
A.4 Citizen Presentations:
No presentations were made.
A.5 Town Council to discuss the Charter and to provide direction to the Charter Review
Commission.
Charter Review Commission Chairman Rose addressed the Council and gave a brief update on the
Commission’s progress. Chairman Rose shared that the agendas will become more detailed as the
Commission is now at the point where their discussions allow for more detail.
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Mayor Pro Tem Edstrom asked for the agendas become more involved to give residents proper
notification of what will be discussed at the meetings. Edstrom also asked that the Commission give
consideration to different meeting times, to allow for an increase in resident participation.
Council member Wilson shared she has attended a Commission meeting and told the Commission that
they were doing a good job.
Mayor Sanders asked Chairman Rose to try and keep commissioners on point of topic.
Chairman Rose shared that he was not aware of the committee handbook until two weeks ago and the
Commission is working to make sure it is in compliance with the handbook. Rose shared if citizens
cannot attend a meeting, their emails are welcome.
Dave Edstrom, 269 Oak Hill Drive encouraged the Town to charge the Charter Review Commission to
focus on the unique history of our Town and work on issues that need to be resolved.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, May 5,
2008.
B.2 Consent Agenda: Discuss and take appropriate action regarding a Mutual Aid Fire
Protection and Emergency Medical Services Agreement between the Town of Trophy Club
and thirteen fellow member cities known collectively as the Northeast Fire Department
Association (NEFDA).
B.3 Consent Agenda: Discussion and appropriate action to approve the Interlocal Cooperation
Agreement-Tax Collection between Denton County and the Town of Trophy Club and to
approve the Interlocal Cooperation Agreement - Tax Collection between Denton County
and Town of Trophy Club PID #1 Emerg Services, and designating Sakura Moten-Dedrick,
Finance Director as the Liaison for both agreements.
Council member Wilson moved to approve the consent agenda items as written. Council member Moss
seconded; motion carried unanimously.
C.1 Discuss and take appropriate action regarding an ordinance canvassing the returns and
declaring the results of the General/Joint Election held on May 10, 2008.
Mayor Pro Tem Edstrom moved to approve the ordinance canvassing the returns and declaring the
results of the General/Joint Election as written. Council member Wilson seconded; motion carried
unanimously.
C.2 Discuss and provide input/take appropriate action regarding an Interlocal Agreement
between the Town of Trophy Club, the City of Roanoke, NISD and Denton County for the
construction of Northwest Parkway along NISD property to its intersection with Highway
377.
Mayor Pro Tem Edstrom moved to approve the Interlocal Agreement between Town of Trophy Club, the
City of Roanoke, NISD and Denton County for the construction of Northwest Parkway as amended in
Section 2.01. Council member Moss seconded.
Town Manager Emmons updated Council on the major changes made to this agreement, including:
• Each governing body has twenty-one days to approve or deny a Change Order issued to amend
the total contract price. If the governing body does not take action within twenty-one days, the
Change Order will be automatically approved.
• Change Orders that do not impact the total cost of the project may be administratively approved
by the assistant school superintendent, city managers and county commissioner.
• Accrued interest in the construction fund will be credited back to the entity in which earned the
interest.
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• The City of Roanoke is in the process of securing Rights of Way for this project. If the necessary
ROW is not secured before the project is bid, then Roanoke has 180 days to take the necessary
action to take the ROW.
• Change for the Subdivider’s Agreement allowing for a temporary CO in the event that the road or
high school is not completed.
Motion carried unanimously.
A. Discuss and provide input/take appropriate action on the development agreement
between the Town and 831 Trophy L.P. and Centurion Acquisitions LP for the
extension of Northwest Parkway
Mayor Pro Tem Edstrom moved to approve the Development Agreement between Town of Trophy Club,
831 Trophy L.P. and Centurion Acquisitions L.P. for the extension of Northwest Parkway. Council
member Sterling seconded.
Town Manager Emmons shared that this was a sister agreement to the previous Interlocal agreement.
Funds have already been allocated for this project.
Motion carried unanimously.
C.3 Discuss and take appropriate action regarding an Ordinance amending Chapter 1 entitled
"Administration" by adding Article XV entitled "Indemnification of Officers" as authorized
by state law and Section 3.21 of the Town Charter.
Council member Moss moved to approve the ordinance providing for the Indemnification of Officers as
authorized by state law and Section 3.21 of the Town Charter. Mayor Pro Tem Edstrom seconded;
motion carried unanimously.
C.4 Discuss and take appropriate action to approve Minutes dated, April 21, 2008.
Mayor Pro Tem Edstrom moved to approve the April 21, 2008 minutes as corrected. Council member
Wilson seconded; motion carried 3:0:1 with Council member Sterling abstaining.
With Council member Cates absent, Mayor Sanders moved C.7 forward:
C.7 Oath of Office to be administered by Municipal Court Judge, Mark Chambers and
Presentation of Certificate of Election from the Mayor to Incoming Council Members.
Municipal Judge Mark Chambers thanked the Council for allowing him the opportunity to swear in the new
council members. Judge Chambers gave the oath to the Council members Edstrom, Sterling and
Strother.
Mayor Sanders gave Certificates of Election to each new Council member.
Mayor Sanders moved C.6 forward:
C.6 Opening remarks by Mayor Sanders to outgoing Council member and incoming Council
members and comments from and to outgoing Council members.
Mayor Sanders thanked Council member Cates for her years of service to our Town. Mayor Sanders
expressed his appreciation to all the residents that took the time to come and vote. Sanders also shared
his appreciation to all the candidates that took the time to run.
Mayor Pro Tem Edstrom thanked Council member Cates for her dedication and time of service. Edstrom
also thanked those that supported her with her election campaign.
Council member Sterling appreciates being able to serve for two more years.
Council member Strother personally thanked his wife, his team of campaign members and the citizens
who gave him a chance.
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Mayor Sanders moved to item C.5:
C.5 Discuss and provide direction to Staff regarding an Ordinance amending Chapter 10,
entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, Article IV
entitled "Peddlers and Solicitors.”
Mayor Sanders identified the four areas Council needs to consider; a time limit, exemptions, how the
Town might deal with a criminal history, who would be responsible for performing and paying for the
background check and how will the Town would define advertisement verses solicitation.
Discussion ensued regarding the Peddlers and Solicitors ordinance. Council asked Staff to come back
with an ordinance with the following points:
• Permit fees and a valid period; exemptions to Permit Fees
• Criminal History Background, including who is responsible for performing the check and payment,
exemptions to Criminal History Backgrounds
• Time limit to be 9:00 a.m. until sunset, Monday through Saturday, to include the following
Holidays:
o New Years Eve
o New Years Day
o Fourth of July
o Memorial Day
o Labor Day
o Thanksgiving
o Christmas Eve
o Christmas Day
• Possibly strike Section 4.05 Child Solicitations because of school fund raisers
• Encompass surrounding Private and Public Schools
No action taken, input only.
C.8 Discuss and take appropriate action regarding an amendment to Chapter 5 entitled
"General Land Use", Article IV entitled "Sign Regulations" of the Code of Ordinances to
amend various sections to prohibit the use of changeable electronic variable message
signs and electronic message boards on billboards with the Town limits and ETJ and to
enact related regulations.
Mayor Tem Edstrom moved to approve the amendment to Chapter 5. Council member Wilson seconded;
motion carried unanimously.
C.9 Discuss and take appropriate action regarding the continued service of the current
Council member liaison to EDC-4B, and adopting a Resolution amending Resolution No.
2007-21 to designate a new Council member liaison to EDC-4B.
Mayor Tem Edstrom moved to approve the Resolution designating Council member Strother as liaison to
EDC 4B. Council member Sterling seconded; motion carried unanimously.
C.10 Discuss and take appropriate action to designate a Voting Representative to North Central
Texas Council of Governments' General Assembly.
Mayor Pro Tem Edstrom moved to designate Mayor Nick Sanders as a voting representative. Council
member Wilson seconded; motion carried unanimously.
C.11 Items for Future Agenda.
No items were added.
C.12 Reports.
(a) Town Manager Emmons gave his report.
(b) There was no EDC 4A report given.
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(c) Council member Strother gave an EDC 4B report.
(d) Parks and Recreation Director Adam Adams gave his report.
C.13 Adjourn.
Council member Sterling moved to adjourn at 9:10 p.m. Council member Wilson seconded; motion
carried unanimously.
___________________________________ ______________________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.C.1
Discuss and take appropriate action to award a contract for janitorial
services for Trophy Club and MUD offices and authorizing the Mayor or his
designee to execute necessary contract documents.
EXPLANATION:
The Town & MUD currently utilize R&J Enterprises at approximately $1018 per month
($12222 annually) for janitorial services and has been doing so for several years. A
total of $12,614 is budgeted in the current year by both entities ($4002 Police, $4306
Town, $4002 MUD). Due to quality, control and performance satisfaction issues,
management recently tasked staff with finding a new vendor. Staff created a Janitorial
Selection Committee to submit a RFP, and it incorporated the following:
Schedule
RFP Released April 18, 2008
Notice To Bidders Published April 18 & 25, 2008
Mandatory Bid Conference (10:00 A.M) May 1, 2008
Proposal Submission Deadline (3:00 P.M.) May 16, 2008
Proposal Opening (3:15 P.M.) May 16, 2008
Oral Presentations (If Needed) May 19-23, 2008*
Recommendation to Governing Bodies
-- Town Council June 2, 2008
-- Master District June 12, 2008
Selected Bidder Notified June 13, 2008*
Contract Execution June 20, 2008*
*Indicates Tentative Dates
Evaluation Criteria
Price 50%
Operational Plan (Use Of Personnel & Equipment) 30%
Experience & References 20%
TOTAL 100%
The decision will also include, but in no specific order of priority:
-- Reference Checks
-- Past Service Record With The Town (If Any)
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A total of seven (7) proposals were submitted, and the Janitorial Selection Committee
narrowed down their selection to one (1) primary and one (1) alternate. After careful
consideration, clarification on several follow-up questions, and the contacting of past
and present references, the Janitorial Committee chose the alternate vendor, Member’s
Building Maintenance, LTD. The Janitorial Committee has chosen to implement a
monthly “all supplies and materials supplied by bidder” cost option of $1056, totaling
$12672. Upon approval by both the Town Council and Master District Board (Jun 12),
the selected bidder will be formally notified and a contract executed.
RECOMMENDATION:
The Janitorial Selection Committee recommends vendor/contract approval.
ACTION BY COUNCIL:
(smd)
Attachments: 1. Recommended Vendor Work Proposal
2. Recommended Vendor Cost Proposal
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.C.2
Discuss and take appropriate action regarding an Ordinance repealing
Article IV entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10,
entitled "Public Safety", of the Code of Ordinances of the Town of Trophy
Club, and adopting a new Ordinance prescribing regulations for Peddlers
and Solicitors operating within the Town.
EXPLANATION:
The Town’s current Peddlers and Solicitors Ordinance, codified in Chapter 10, Article IV
of the Code of Ordinances was briefly discussed at the April 21, 2008 Council meeting
and the May 19, 2008 Council meeting. Topics identified for further discussion at the
previous meetings included time/day restrictions, increased fees and permitting
requirements, and an immediate response complaint contact number for resident
reporting of violations.
A draft with language changes for the new ordinance has been reviewed by the Public
Safety Committee and has been recommended to the Town Council for approval.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Insert from May 19, 2008 Minutes
2. Draft Ordinance will be provided under separate cover.
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Insert from May 19, 2008 Minutes
C.5 Discuss and provide direction to Staff regarding an Ordinance amending Chapter 10,
entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, Article IV
entitled "Peddlers and Solicitors.”
Mayor Sanders identified the four areas Council needs to consider; a time limit, exemptions, how the
Town might deal with a criminal history, who would be responsible for performing and paying for the
background check and how will the Town would define advertisement verses solicitation.
Discussion ensued regarding the Peddlers and Solicitors ordinance. Council asked Staff to come back
with an ordinance with the following points:
• Permit fees and a valid period; exemptions to Permit Fees
• Criminal History Background, including who is responsible for performing the check and payment,
exemptions to Criminal History Backgrounds
• Time limit to be 9:00 a.m. until sunset, Monday through Saturday, to include the following
• Holidays:
o New Years Eve
o New Years Day
o Fourth of July
o Memorial Day
o Labor Day
o Thanksgiving
o Christmas Eve
o Christmas Day
• Possibly strike Section 4.05 Child Solicitations because of school fund raisers
• Encompass surrounding Private and Public Schools
No action taken, input only.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.C.3
Discuss and take appropriate action regarding the designation of MUD
Liaison(s).
EXPLANATION:
At their May 19, 2008 meeting, the Town Council discussed designating a MUD Liaison
to attend the MUD meetings.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.C.4
Discuss and take appropriate action regarding the a Resolution amending
Resolution No. 2007-21 to designate a Council member liaison to Parks and
Recreation Board.
EXPLANATION:
Council member Moss has asked that this item be placed on the agenda.
RECOMMENDATION:
ACTION BY COUNCIL:
(Council member Moss)
Attachments: 1. Resolution
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2008-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2007-21, BY
APPOINTING ONE (1) COUNCIL MEMBER TO SERVE AS A LIAISON
TO THE PARKS AND RECREATION BOARD; PROVIDING THAT THE
REMAINDER OF RESOLUTION NO. 2007-21 SHALL CONTINUE IN
FULL FORCE AND EFFECT; AND ADOPTING A NEW RESOLUTION
APPOINTING ONE (1) COUNCIL MEMBER LIAISON TO THE PARKS
AND RECREATION BOARD; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town benefits by having its citizens involved in local government
through service on Town Committees and Boards; and
WHEREAS, since the adoption of Resolution No. 2007-21, a position for Council
member Liaison has been requested for the Parks and Recreation Board; and
WHEREAS, the Town Council has determined it to be appropriate to appoint a
Council member to serve as the Liaison for the Parks and Recreation Board as set forth
below.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That Section 2 of Resolution No. 2007-21 is hereby amended to
reflect the appointment of a Council member to serve as the Liaison for the Parks and
Recreation Board as specified below and that all other appointments made pursuant to
Resolution No. 2007-21 shall be unaffected by this amendment:
Parks and Recreation Board
1. Council Liaison - _____________________
Section 2. That all of the other terms an provisions of Resolution No. 2007-21
not in conflict with the terms of this Resolution shall continue in full force and effect.
Section 3. That this Resolution shall become effective from and after its date
of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 2nd day of June 2008.
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___________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________________
Town Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
____________________________________
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.C.5
Discuss and take appropriate action regarding KRLD's Drive to Vote
promotion and Trophy Club participation.
EXPLANATION:
KRLD approached staff regarding the Town’s participation and opportunity for the Town of Trophy Club to
receive positive exposure while providing a service to the residents of North Texas. This is an
unbudgeted item and staff is presenting to Council for their consideration.
RECOMMENDATION:
ACTION BY COUNCIL:
(bse)
Attachments: 1. Information Memorandum
2. Manager’s Office Budget
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.C.6
Discuss and take appropriate action regarding budget considerations and a
future plan of action for the Lakeview creekbed ditch.
EXPLANATION:
Due to the long history of resident concerns regarding the condition of the Lakeview
creekbed ditch, this item has been placed on the agenda for Council discussion of a
plan for appropriate long term remedies to address the problems that have arisen
because of the lack of compliance with the original development plan for the ditch. In
the original development plan for the Lakes Subdivision, the drainage area was to be
enclosed in a box culvert and covered with earth similar to other sections of the
Lakeview flowage easement and similar to the proposed plan for the ditch located in
Northwest Park. Since this area was taken as a grant requirement by Texas Parks and
Wildlife Department for Independence Park it is part of our parks and its condition needs
to be addressed. The Parks Department currently maintains the banks only.
The report previously done by Teague, Nall and Perkins is included in the backup. This
report shows some improvements that could be done. This item was previously
requested by Councilmember Cates.
RECOMMENDATION:
ACTION BY COUNCIL:
(Council member Wilson)
Attachments: 1. Teague, Nall and Perkins- Lakes Channel Report (Feb 2006)
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Introduction
The Town of Trophy Club staff has directed Teague, Nall and Perkins to investigate the
drainage channel adjacent to Lakeview Elementary School. The grassed lined channel
is located on the north side of the school site. The town staff has received several
complaints from its residents regarding the current condition of the channel.
The intent of this report is to document the existing site conditions and to make
recommendations on the future maintenance of the channel.
SITE MAP
Location
The channel is located between Village Trail and Lakeshore Drive on the north side of
Lakeview Elementary School.
176
Existing Conditions
The drainage channel is approximately 1,600 lf in length. It is located on the north side
of Lakeview Elementary School site. The school has soccer fields adjacent to he
southern boundary of the channel. The Lakes – Phase III is located on the north side of
the channel. There are two 60” RCP’s on the upstream end of the channel and two 5’ x
7’ box culverts at the outfall end of the channel.
Upstream Conditions Downstream Conditions
The channel is a grass-lined with side slopes varying from 3:1 to 4:1. The channel
longitudinal slope is less than 0.05%, which has resulted in some ponding of water
throughout the channel bottom. Existing vegetation consists of a growth of cattails long
the channel bottom along with several trees ranging in size from 1” – 6” in diameter.
These trees are located both in the bottom and along the sides of the channel.
Two 24” RCP with concrete headwalls are located along the north side of the channel
bank and one 24” RCP is located on the southern bank of the channel section. At each
of these drainage locations there is heavy vegetation consisting of silt and cattails
growing within the concrete headwalls.
Cattails present at storm drainage system outfall
177
Also present are several subsurface drainage systems from private homes in the area
These systems are connected to roof drains, deck drains, and french drains around the
perimeter of the homes located adjacent to the channel. Each of these systems drains
into the channel but do not present any issues related to the current condition of the
channel.
Private subsurface drainage systems
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Existing channel vegetation - Cattails
Existing channel vegetation - Trees
Channel Issues
For the majority of the channel length, the existing banks appear to show no evidence of
erosion at this time. The banks appear to be very stable with a good coverage of grass
present on each channel bank. The cross section of the channel bank varies in slope
throughout the length of the channel. The gradient of the slope is not considered to be
steep. This condition helps to establish and maintain vegetation while reducing the
potential for bank erosion.
One area located at the outfall of the channel has some evidence of erosion and is
detailed later in this report.
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Southern Bank – Looking East Northern Bank – Looking West
Southern Bank – Adjacent to school
After a thorough inspection of the channel and evaluating soil conditions and drainage
patterns in the area, it was determined that there are three (3) areas where soil erosion
is present. Each is detailed below with potential solutions for the Town to consider.
Area “A”
This area is located on the elementary school site as shown below. It is the outfall of a
large drainage area consisting of grassed soccer practice fields. The soil in this area
has eroded away due to poor compaction and lack of vegetation.
Looking south towards school Looking north towards channel
A potential solution for this area would be to import additional topsoil to fill in the eroded
areas. A small amount of grade work would be required to re-establish the drainage
swale in this area. Sodding or the use of a geo textile fabric with seeding would be
required to re-establish the vegetation.
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Another solution would be to import a combination of soil and rock rip-rap to stabilize
the area. This solution would prevent additional erosion but would lack the aesthetic
aspect that citizens typically require.
Area “B”
This area is located along the eastern border of the elementary school site and homes
located on Lakeview Drive. This erosion is due to the presence of a private subsurface
drainage system that outfalls into the channel at this location. It appears that the pipe
system was installed by an adjacent homeowner and drains the rear yard. The pipe
was not properly backfilled, which has resulted in erosion along the last 20’ (+/-) of the
pipe system.
Private subsurface drainage pipe system
A potential solution for this location would be to import additional topsoil to fill in the
eroded areas. Proper compaction techniques will be required to prevent additional
erosion. Sodding or seeding would be required to re-establish the vegetation in this
area.
Area “C”
The third area of concern is located approximately 100’ (+/-) from the channel outfall.
The site is shown below. It appears that though a small section of the southern channel
bank has experienced some type of soil erosion near the existing flow line. At this time,
there is no potential threat of any type of major channel bank failure. Also, the adjacent
home site is not at risk of any property damage at this time. The existing fence is
located approximately 20’ away from the main body of the channel.
181
Looking West
A potential solution for this area would be to import additional topsoil and regrade the
eroded areas. Vegetation would need to be re-established by the use of a geo textile
fabric with seeding. Sodding is not recommended due to the lack of an irrigation system
in the area.
Another solution would be to use rock rip-rap in the area to stabilize the channel bank.
This solution would be the most effective due to the location of the erosion with respect
to the flow line of the channel.
Summary
The overall condition of the drainage channel is considered to be in good condition.
The channel banks are very stable and there is sufficient vegetation along both banks.
Due to the flat slope of the channel bottom, the velocities of the storm water during
heavy rainfall events would be in the low range. Velocities are estimated to be in the
range of 4-5 ft/sec during a large rainfall event. This is well under the maximum velocity
of 8 ft/sec as required by Town development standards.
Attention to the periodic maintenance of the upstream and downstream drainage
structures is needed along with the three (3) RCP’s that drain into the channel from
neighboring developments north and south.
Also, routine channel inspections need to be scheduled for City staff.
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Recommendations
The following is a list of recommendations to improve the drainage channel:
1.) Maintenance of both box culverts (at each end of the channel) is needed. All
vegetation, including small trees, cattails, trash, etc. needs to be removed.
This will improve the hydraulic function of the culverts. Routine inspection
and cleaning will need to be done.
2.) Maintenance of the small RCP outfalls is also needed. All cat tails, trash, and
vegetation needs to be removed from the headwall/outfall location. Routine
inspection and cleaning will need to be done.
3.) There are several trees located in the main flow area of the channel. These
trees appear to be catching trash and debris during rainfall events. This
debris could result in the impeding and /or diverting of the flow of water in the
channel bottom. The town should look at the removal of some, or all of these
trees.
4.) The channel bottom has a large amount of cattails present. This type of plant
is a common occurrence in channel bottoms. These cattails will slow the flow
of water and will have a tendency to accumulate sediment over time. In
larger rainfall events, the cattails will have a tendency to fall over with storm
water flowing over the top of them. Their removal can be costly and
potentially counter productive. The removal could cause additional erosion in
the bottom of the channel unless vegetation is re-established. Also, unless
the cattails root structure is completely removed, they will grow back within a
short period of time. Some routine trimming or spraying can be an alternative
to the complete removal of the cattails.
5.) Periodic trash and debris removal should be done along the entire length of
the channel. Contract labor or Trophy Club personnel can accomplish this.
Periodic inspections should be scheduled, particularly before spring rains, to
ensure that there is no debris present in the channel that could hinder the flow
of water
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ADDITIONAL PICTURES
Existing Channel Vegetation
Southern Bank – Looking East
(Adjacent to School)
184
North Bank – Looking West
(New Retaining Wall)
Bbbbbbbbbbbbbbbbbbb
Standing Water in Channel
185
North Bank – Looking East
(Adjacent to School)
Existing Channel Vegetation
186
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.C.7
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Items for Future Agendas
1. Review of the Property Maintenance Ordinance. (Council member Cates)
2. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration
of improvements for area to create a linear park. (Mayor Sanders - Council member Cates)
3. Discuss and receive input regarding an Ordinance amending Section 6.01(E)(4) of Article VI ”Town
Council Rules of Procedure,” Chapter 1of the Code of Ordinances relating to Presentation by
Citizens. (Council member Moss)
4. Discuss and receive input regarding an Ordinance amending Article II,”Traffic and Vehicles” of the
Code of Ordinances relating to speed limit reduction. (Council member Moss)
5. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and
discussion of same. (Council member Wilson)
6. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on
1/21/08)
7. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom –
1/21/08)
8. Annual update and presentation by the Park Board. (August 4, 2008)
9. Discuss and take appropriate action regarding possible means to control the Garage Sale traffic.
(Council member Cates – 4/21/08)
10. Discuss and consider options to approve the upkeep of rental property, with or without creating a
Building Standard Commission. (Mayor Pro Tem Edstrom – 4/21/08)
11. Discuss and take appropriate action regarding crosswalks going from Summit Cove, crossing Trophy
Club Drive to the Country Club (Council member Wilson – 4/21/08)
12. Readdress the speed limit and signage on Skyline Drive. (Council member Wilson – 4/21/08)
13. Discuss and take appropriate action regarding a Library Focus Group. (Council member Wilson –
4/21/08)
14. Town Council to provide direction the P & Z Commission regarding Mr. Kaler’s Ordinance ideas.
(Council member Wilson – 5/5/08)
187
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.C.8
Reports. There will be no action taken regarding any individual project
posted under this item and discussion will be limited. If extensive
discussion is required, the item may be placed on a future agenda.
(a) Town Manager's Report.
(b) Highlands at Trophy Club Master Improvements Phase 2 report.
Attachments: 1. None
188
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.D.1
Pursuant to Texas Government Code Annotated, Subchapter 551, Section
551.074(a)(1) "Personnel Matters", the Council will enter into executive
session to discuss the following:
A. Personnel Matters (§551.074(a)(1)): The deliberation of the appointment
of a public officer:
(1) Appointment of Mayor Pro Tem.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
History of Mayor Pro Tem
History of Mayor Pro Tem
2007 Canvassed Appointed
Susan
Edstrom 5/21/2007 6/4/07
2006 Canvassed Appointed
Roger
Williams 5/22/2006 6/5/2006
2005 Canvassed Appointed
Pam Cates 5/16/2005 5/16/2005
2004 Canvassed Appointed
Scott Spence 5/24/2004 6/7/2004
2003 Canvassed Appointed
Beverly Foley 5/6/2003 5/19/2003
2002 Canvassed Appointed
Roger
Williams 5/10/2002 5/20/2002
2001 Canvassed Appointed
Susan
Edstrom 5/8/2001 5/21/2001
189
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to Executive Session Item
Number D1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
190
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 6-2-2008
Subject: Agenda Item No.E.1
Adjourn.