Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda Packet TC 04/26/2010
Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMMonday, April 26, 2010 Call to order and announce a quorum. Workshop (6:00 - 7:00 P.M.) 1.2010-218-T Chuck Rohre from Waters Consulting and Gary Holland the Mercer Group to briefly discuss their proposals to provide executive recruitment services for the Town Manager position; discussion of the same. Waters Consulting Group Proposal.pdf Mercer Group Proposal.pdf Attachments: Invocation Pledges: 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." 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. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 2.2010-221-T Consider and take appropriate action regarding a Proclamation declaring May 6, 2010 as Day of Prayer in Trophy Club. Proc. 2010- NDP - May 6th.pdfAttachments: Town Council 1 of 333 Meeting Date: April 26, 2010 April 26, 2010Town Council Meeting Agenda 3.2010-220-T Consider and take appropriate action regarding a Proclamation declaring May 6 through 12, 2010 as National Nurses Week Celebration. Baylor.pdf Proc. 2010- Nat'l Nurses Week.pdf Attachments: 4.2010-222-T Consider and take appropriate action regarding a Proclamation declaring May 16 through May 22, 2010 as National EMS Week 2010 with May 19, 2010 set aside as Emergency Medical Services for Children (EMSC) Day. Proc. 2010- EMSC Week Proclamation.pdfAttachments: 5.2010-223-T Consider and take appropriate action regarding a Proclamation declaring May 9 through May 15, 2010 as National Police Week. Proc. 2010- National Police Week.pdfAttachments: PUBLIC HEARING 6.2010-201-T Public Hearing to Consider a Request for a Zoning Change from "PD-27" (Planned Development No. 27) to "CR" (Commercial Recreation) for Northwest Park, located just north of the Community Pool/Recreation Center property on Parkview Dr., 12.90 Acres, Applicant: Town of Trophy Club Parks and Recreation Department. (ZCA-10-016) Staff Report - TC NW Park.pdf Application.pdf Property Owner Notification.pdf Newspaper - Public Hearing.pdf Concept Plan.pdf Commercial Recreation District Regulations.pdf 2010-XX P&Z Ordinance.pdf Attachments: 7.2010-209-T Public Hearing to consider changes to the Town of Trophy Club Code of Ordinances, Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.12 Oil and Gas Well Drilling and Production, affecting the setback from an existing wellhead to a habitable structure. (ADM-10-006) Staff Report - TC.pdf Secton 5.12 - Redline.pdf Gas Well Sites - Highlands.pdf 091009 Highlands Concept Plan.pdf 2003 Int'l Fire Code - Well drilling and operating.pdf Public Hearing - Newspaper.pdf Oil and Gas Well Manual.pdf 2010-XX P&Z Ordinance - Gas Well.pdf Attachments: Town Council 2 of 333 Meeting Date: April 26, 2010 April 26, 2010Town Council Meeting Agenda 8.2010-214-T Public Hearing to Consider an Amendment to PD-Planned Development District No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit “B” - Development Standards, Section VI. Development and Design Standards, “C” Screening and Fencing, and Section IV, Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Staff Report - TC.pdf Application.pdf 041510 Public Hearing - Newspaper Driveway Gates.pdf 041510 Public Hearing - Newspaper Lot Type 4 Lot Coverage.pdf PON Explanation.pdf Property Owners - 200-ft.pdf PD-27 2007-15 Amended REDLINE.pdf Ordinance 2010-XX P&Z.pdf Attachments: REGULAR SESSION 9.2010-237-T Consider and take appropriate action regarding the proposals to provide executive recruitment services for the Town Manager position, and authorizing the Mayor or her designee to execute necessary documents. 10.2010-225-T Consider and take action on an Ordinance providing for the issuance and sale of Town of Trophy Club, Texas, General Obligation Bonds, Series 2010, in the approximate aggregate principal amount of $5,000,000; awarding the sale of said bonds; levying a tax in payment thereof; prescribing the form of said bonds; approving the official statement; and enacting other provisions relating thereto. Ord. 2010- GO_Bonds Series 2010 $5,000,000.pdfAttachments: 11.2010-240-T Review of Proclamation 2010-03 informing candidates and Council members of fair campaign practices, and discussion of those standards and expected conduct. Proc 2010-03.pdf Email Backup.pdf Attachments: 12.2010-215-T Consider and take appropriate action regarding a Request for a Zoning Change from "PD-27" (Planned Development No. 27) to "CR" (Commercial Recreation) for Northwest Park, located just north of the Community Pool/Recreation Center property on Parkview Dr., 12.90 Acres, Applicant: Town of Trophy Club Parks and Recreation Department. (ZCA-10-016) 13.2010-216-T Consider and take appropriate action regarding changes to the Town of Trophy Club Code of Ordinances, Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.12 Oil and Gas Well Drilling and Production, affecting the setback from an existing wellhead to a habitable structure. (ADM-10-006) Town Council 3 of 333 Meeting Date: April 26, 2010 April 26, 2010Town Council Meeting Agenda 14.2010-217-T Consider and take appropriate action regarding regarding an Amendment to PD-Planned Development District No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit “B” - Development Standards, Section VI. Development and Design Standards, “C” Screening and Fencing, and Section IV, Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) 15.2010-224-T Consider and take appropriate action regarding financial and variance reports dated March 2010. March 2010 Monthly Financial Reports.pdfAttachments: 16.2010-226-T Consider and take appropriate action regarding an Ordinance approving the Harmony Park Land Transaction Swap (.0011 tract of land for .0011 tract of land adjacent to Harmony Park.) Ord. 2010- Harmony Park Land Swap.pdfAttachments: 17.2010-160-T Consider and take appropriate regarding the award/rejection of bids for the Overhill/Timber Ridge Drainage Project, in an amount not to exceed $88,500 and authorizing Acting Town Manager Seidel or his designee to execute all necessary documents. Overhill Backup.pdf Bid Tab.pdf Attachments: 18.2010-204-T Consider and take appropriate action relative to the Memorandum of Understanding regarding the adoption of the Texas Department of Transportation’s Federally-Approved Disadvantaged Business Enterprise Program by the Town of Trophy Club, and authorizing the Mayor or her designee to execute necessary documents. Minute Insert April 12, 2010.pdf MOU DOT Federally Approved Disadvantage Business Ent Program.pdf Attachments: 19.2010-235-T Consider and take appropriate action scheduling quarterly Special/Joint Session(s) with Trophy Club MUD No. 1 and the Town Council, setting the date and hour of the meeting(s) and subjects for discussion. 20.2010-227-T Receive a progress report from Council Member Rose regarding the April 19, 2010 TCMUD1 Meeting; discussion of same. 21.2010-229-T Acting Town Manager Seidel's update regarding the following and discussion of the same. 1. Acting Town Manager's designation of Town employee to perform in his absence. 2. Bobcat Blvd. 3. 3 Clean Event 4. 4D Maintenance Bond Claim 22.2010-228-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Town Council 4 of 333 Meeting Date: April 26, 2010 April 26, 2010Town Council Meeting Agenda 23.2010-230-T Items for Future Agendas. Items for Future Agendas.pdfAttachments: EXECUTIVE SESSION 24.2010-233-T Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel Matters," the Council will enter into Executive Session, unless the employee who is the subject of the personnel matter elects an open meeting, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee relating to: A. The annual evaluation of Town Attorney, Patricia Adams B. The annual evaluation of Town Secretary, Lisa Hennek RECONVENE INTO REGULAR SESSION 25.2010-234-T Consider and take appropriate action regarding the Executive Session Items. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, April 22, 2010 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. _______________________________________ Shannon DePrater, Deputy Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2010. ________________________________, Title: ___________________________ Town Council 5 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-218-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/15/2010 Town Council On agenda:Final action:4/26/2010 Title:Chuck Rohre from Waters Consulting and Gary Holland the Mercer Group to briefly discuss their proposals to provide executive recruitment services for the Town Manager position; discussion of the same. Attachments:Waters Consulting Group Proposal.pdf Mercer Group Proposal.pdf Action ByDate Action ResultVer. Town Council 6 of 333 Meeting Date: April 26, 2010 12010-218-T Version:File #: Title Chuck Rohre from Waters Consulting and Gary Holland the Mercer Group to briefly discuss their proposals to provide executive recruitment services for the Town Manager position; discussion of the same. Town Council 7 of 333 Meeting Date: April 26, 2010 From: Patrice Glasthal <pglasthal@watersconsulting.com> To: Brandon Emmons Cc: Chuck Rohre <crohre@watersconsulting.com>; Chuck Anderson <canderson@watersconsulting.com> Sent: Tue Mar 23 13:33:11 2010 Subject: Proposal for Executive Recruitment for City Manager - Trophy Club, Texas Dear Mr. Emmons: Attached is our proposal to provide executive recruitment services for your next City Manager. We would consider it a professional privilege to assist you with this important recruitment. Our nationwide experience with executive recruitments has allowed us to develop a comprehensive base of high‐quality candidates with whom we would make contact about your position. If you have any questions regarding this proposal please contact Chuck Anderson, CEO of Waters‐ Oldani Executive Recruitment at (817)965‐3911, his direct line, or by email at canderson@watersconsulting.com or contact Mr. Chuck Rohre, Senior Consultant at (214)466‐ 2496, his direct line, or by email at crohre@watersconsulting.com. Please let me know if we can provide you with any additional information. Best regards, Patrice Glasthal ************************************************************ Patrice Glasthal Business Support Manager The Waters Consulting Group, Inc. 5050 Quorum Drive, Suite 625 Dallas, TX 75254 214.466.2441/direct 972.481.1950/main 972.481.1951/fax -Offices in Dallas - Austin - Seattl - Cleveland- e pglasthal@watersconsulting.com ************************************************************ The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Town Council 8 of 333 Meeting Date: April 26, 2010 THE WATERS CONSULTING GROUP, INC. PRODUCTIVE MANAGEMENT CONCEPTS 5050 Quorum Drive Suite 625 Dallas, Texas 75254 972/481/1950 972/481/1951(Fax) www.watersconsulting.com -Dallas Seattle Cleveland Austin- March 23, 2010 Mr. Brandon Emmons, City Manager City of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 (Sent via email to: bemmons@trophyclub.com) Re: Proposal – Executive Recruitment for City Manager Dear Mr. Emmons: I appreciate the opportunity to submit our proposal for executive recruitment services for your City Manager. We are confident that you will be completely satisfied with our comprehensive process and the outcome. We are so confident in our recruitment process and outcome that we offer a triple guarantee of our performance, which is described in detail on page 3 of this proposal. Our team of recruitment consultants (see bios starting on page 8 of the proposal) has provided executive recruitment services nationwide for over 30 years, principally to public organizations. We have established a reputation for a relentless commitment to high quality with our process and our candidates. We know that you have options for using other recruitment firms. However, we believe that our approach sets us apart from our competitors in the following important ways: Our Triple Guarantee™ (see page 3); Finalists identified within 80 days from the approval of the recruitment brochure and candidate profile; Meticulous development of the candidate profile prior to advertising/marketing (see page 4); Comprehensive, in-depth screening and evaluation of candidates, including the use of our proprietary, validated assessment - CareerNavigator™ (see page 5); Rigorous review of candidates’ references and background (see page 6); Our highly-accessed web site (www.watersconsulting.com) by prospective candidates; Our superior nationwide relationships with high-quality candidates for marketing new positions; and Within twelve (12) months following your appointment of the successful candidate, we will administer our 360° Performance Assessment for no additional professional fee, just project-related expenses (see page 3). We have recently established a discounted price initiative for recruitments of $15,500 plus expenses from our standard professional fee of $19,500. In addition, if you ask us to do additional recruitments within twelve months, you would qualify for the deeply discounted professional fee of $12,500.00 plus expenses for each recruitment. The proposal document will provide you the details about our approach, expertise, client references, and pricing for this executive recruitment. Also, if you have any questions, please contact me directly at 817.965.3911 or by email at canderson@watersconsulting.com. We would consider it a professional privilege to provide these services to the City of Trophy Club. Sincerely, Charles (Chuck) S. Anderson CEO of Waters-Oldani Executive Recruitment A Division of The Waters Consulting Group, Inc. Town Council 9 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 2 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. QUALIFICATIONS Our understanding of and experience in the public sector coupled with our commitment in developing partnering relationships with our clients are key factors in our long-term success. PROJECT OVERVIEW The City of Trophy Club, Texas, is considering the use of a consulting firm to assist with the executive recruitment for its next City Manager and has requested a proposal describing a work plan and project approach from Waters-Oldani Executive Recruitment (Waters-Oldani), a division of The Waters Consulting Group, Inc. Accordingly, we provide the following information for your consideration. PROFESSIONAL EXPERTISE MAKES THE DIFFERENCE Throughout the assignment, the Waters-Oldani team will serve as technical advisors to your organization to ensure that the recruitment process is conducted in a professional manner. The objective of Waters-Oldani is to generate high-quality candidates and assist you with the screening and evaluation of these candidates. Due to our extensive professional relationships with hundreds of public sector organizations and prospective candidates nationwide, Waters-Oldani is positioned to confidently promote your position to prospective candidates as a positive career and personal growth opportunity. Since our firm’s beginning, we have emerged as a leader in executive recruitment. It is our 30+ years of consulting experience, coupled with our unique approach and personal touch that drives our internal standard for delivering only outstanding services and leading-edge products. In addition, Waters-Oldani is positioned as the largest privately-held executive recruitment firm in the nation with a focus on the public sector. This kind of strength will prove to be valuable for your executive recruitment. With any consulting assignment, but particularly with an executive recruitment project, reliable and timely communication is fundamental to project success. At key points during the assignment, Waters-Oldani consultants will communicate by phone, e-mail, or in person, with appropriate leaders from your organization to discuss the progress of the recruitment and to review subsequent steps in the recruitment process. These regular status reports are important to ensure success with the recruitment assignment. We pride ourselves in the fact that we bring a high level of personal commitment to everything that we do. We get to know our clients – their concerns for success, their strategic goals and their organizational culture. But our intense professional commitment does not stop with our clients. We have candidates who were not selected for positions call to extend compliments and thanks for how they were treated during our recruitments. Many have stated that we provided the best recruitment experience in which they have ever participated. Client satisfaction is important to all organizations, but to our firm, it is our chief focus. In our business, referrals and recommendations are the keys to success. Town Council 10 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 3 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. ROLE OF YOUR ORGANIZATION’S STAFF We have a seasoned staff of professionals to deliver quality services with minimal effort required from you. However, to assist in the project, we ask that your organization designate a Project Manager to serve as Waters-Oldani’s primary contact for the recruitment assignment. Your Project Manager will facilitate such functions as coordinating meeting dates, times, and locations and the review of the draft recruitment brochure and related advertising copy. OUR TRIPLE GUARANTEE Our Triple Guarantee is defined as: (1) A commitment to remain with the recruitment assignment until you have made an appointment for the fees and tasks quoted in this proposal. If you are unable to make a selection from the initial group of Finalists, Waters-Oldani will work to identify a supplemental group until you find a candidate to hire; (2) Your executive recruitment is guaranteed for two years against voluntary resignation by or termination for cause of the candidate. Within the first year, the replacement recruitment will be repeated with no additional professional fee, but only for project-related expenses. During the second year, the replacement recruitment is reduced to 50% of the professional fee plus project-related expenses. Candidates appointed from within your organization do not qualify for this guarantee. This guarantee is subject to further limitations and restrictions of your state laws. Additional services include a performance appraisal and review after 12 months of service of the appointed candidate, with no professional fee charged to you. If you elect to use this service, the only cost you would incur would be the reimbursement for any project-related expenses; and (3) Waters-Oldani will not solicit any candidates selected under this contract for any other position while the candidate is employed with your organization. Town Council 11 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 4 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. DESCRIPTION OF KEY TASKS The following is intended to describe the key tasks associated with our approach to executive recruitment. TASK I RECRUITMENT BROCHURE DEVELOPMENT AND ADVERTISING The important first step in the recruitment process involves the development of a comprehensive recruitment brochure with a profile of the ideal candidate, including the required qualifications, professional experience, personal characteristics, and other factors related to success in the position of City Manager. The recruitment brochure will also have a profile of your community and organization. To prepare the recruitment brochure, the Lead Consultant will come on site to meet with your leadership team to discuss the required background and experiences for the new City Manager. We will also request organizational charts, budgetary information, operational reports, and other documentation describing the community, organization, current issues, and responsibilities of the position. The draft recruitment brochure will be presented to you for review and final approval/edits prior to its publication and distribution via online and regular mail to prospective candidates. In order to conduct an open recruitment and to encourage applications from a diverse pool of candidates, Waters-Oldani will work with you to develop an advertising and marketing strategy to notify potential candidates about the vacancy. Advertisements will be placed in appropriate professional publications, local newspapers of record and web sites as approved by you. Draft ads will be submitted to your organization for approval prior to publication. Waters-Oldani has a highly-accessed web site, www.watersconsulting.com, and targeted e-mail (search@watersconsulting.com). We will use all available resources to communicate directly with prospective candidates. The aggressive advertising and marketing campaign for top talent will include national, state, regional, and local elements as determined during our initial meetings with your organization. Our presence at appropriate public sector conferences will be used to further promote the position. An effective advertising strategy will help to ensure that we conduct an open recruitment with appeal to a diverse array of candidates. Waters-Oldani will take all necessary steps to protect against discrimination in the screening and selection process. TASK II EXECUTION OF RECRUITMENT STRATEGY AND IDENTIFICATION OF QUALITY CANDIDATES Using the information developed in Task I, Waters-Oldani will identify individuals who would be outstanding candidates for the position of City Manager. Often, well-qualified candidates are not actively seeking new employment and will not necessarily respond to an advertisement. However, if a potential candidate is presented with the opportunity directly and in the proper manner, he or she may apply. We take pride in our ability to locate highly qualified candidates across the nation based on our professional Town Council 12 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 5 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. contacts and relationships. We have also established networks with minority and female leaders throughout the nation and are proud of our record of placement of minority and female candidates. Waters-Oldani has adopted a corporate policy of equal employment opportunity and will not participate in any recruitment effort where these principles are not followed. In addition, we are charter members of NFBPA and its Business Advisory Committee and the Hispanic Network. We believe that one of the strengths of the Waters-Oldani recruitment process is our attention to the candidates during the process. Each candidate submitting a résumé is sent a timely acknowledgement by Waters-Oldani, giving an approximate schedule for the recruitment. Further communications are maintained with each candidate regarding information about the recruitment progress and their status in the process. We take pride in the many complimentary comments made by candidates regarding the level of communication and the professional manner in which they are treated during our recruitments, which is also provides a positive reflection on your organization TASK III SCREENING OF APPLICANTS, INITIAL INTERVIEWS, AND RECOMMENDATION OF FINALISTS TO CLIENT Our recruiting efforts in Task II identify a significant number of applicants, depending upon the position and the availability of candidates with the requisite experience and skills in the marketplace. Task III is where our Lead Consultant screens the candidates against the criteria within the candidate profile and develops a list of Semi-Finalists who meet or exceed the criteria. The Lead Consultant will then review the Semi-Finalists with you, as the client, to develop a group of candidates for personal interviews with the Lead Consultant either by phone or in person. Our interviews are conducted with a set of questions developed by Waters-Oldani to evaluate professional experience and management/leadership characteristics considered relevant for the candidate profile for your position. As a part of our thorough screening of candidates, we also utilize our content-validated behavioral assessment and success profile system CareerNavigator™. Our approach to recruitment features a content- validated competency model that measures the core competencies of public sector executive managers/leaders with a comprehensive psychological assessment. This helps to identify those competencies that are proven to make a candidate much more likely to be successful in a position of executive management and leadership. In addition, CareerNavigator™ generates specific questions for individual candidates based upon their responses to the assessment. These questions are included in the in-depth interview conducted by the Waters-Oldani Lead Consultant. At the conclusion of our interview process, we will present a group of potential Finalists for you to invite for on-site interviews with an interview panel that you select. Typically, four to six candidates are selected for these interviews. Town Council 13 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 6 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. TASK IV CONDUCTING BACKGROUND CHECKS, REFERENCE CHECKS AND ACADEMIC VERIFICATIONS Once you approve the group of Finalists for on-site interviews, Waters-Oldani will begin the process to conduct reference checks, background checks and academic verifications. Contact is then made with selected references and sometimes with others in the specific industry that may know of additional accomplishments and work experiences of the candidates. The purpose of the reference interviews is to allow Waters-Oldani to complete our understanding of the work experience, professional performance and personal characteristics of the Finalists. For the background checks, Waters-Oldani is pleased to partner with PSI Investigation Services in to gather information about the candidates in the following areas: Consumer Credit Bankruptcy County Criminal State District Superior Court Criminal County Civil Litigation State District Superior Court Civil Litigation Judgment/Tax Lien Federal District Criminal Motor Vehicle Federal District Civil Litigation TASK V FINAL INTERVIEW PROCESS Upon completion of Task IV, we will work with you to develop the final interview process. We will also send you documentation on each of the finalists, which will provide the highlights of their professional experience and leadership/management profile, and a summary of the results of the reference checks, background checks and academic verifications. In addition, the report will include guidelines for interviewing the candidates, suggested interview questions, and a rating process for your interview panel(s). Our Lead Consultant will participate in final interviews as either an observer or active panel member at your request and will be available to answer questions and assist you in the final evaluation and selection of the successful candidate. In addition, if you request the service, our Lead Consultant will assist you with the development of a compensation package and related employment considerations, and assist with the negotiations. Town Council 14 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 7 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. EXECUTIVE RECRUITMENT PROJECT TIMELINE Below is an estimated Timeline for the executive recruitment process. You will be asked by the Lead Consultant during the first on-site meeting to review and approve a Timeline for the recruitment project. It is our intent to conduct the recruitment expeditiously, but not at the expense of finding high-quality candidates for you. However, we commit to you to deliver a group of Finalists for your consideration within 80 days from the date that you approve the recruitment brochure and candidate profile, which is the point that we commence advertising/marketing for the position. To ensure that our quality standards are maintained, we do require a minimum of ten business days between the time that you select the candidates for on-site interviews and when we send you the Final Book for your final interview process. Description of Key Project Phases/Tasks Weeks 01 02 03 04 05 06 07 08 09 10 11 12 13 Phase I Task 1 Recruitment Brochure Development & Advertising Phase II Task 2 Recruitment Strategy and Identification of Candidates Task 3 Screening Process and Recommendation of Finalists for On- site Interviews. Task 4 Background Checks/ Reference Checks/Academic Verifications Phase III Task 5 Final Interview Process Town Council 15 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 8 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. AN OVERVIEW OF OUR CONSULTING TEAM Waters-Oldani places a high priority on meeting the needs of our clients. Therefore, at the outset of the recruitment process, we will tailor our approach to address the issues unique to your organization’s working environment. For each recruitment project, we assign a Lead Consultant and a team of support professionals to carry out assignments in an effective and efficient manner. What follows are brief biographical descriptions of the members of our consulting team. Town Council 16 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 9 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. CHARLES (CHUCK) S. ANDERSON Chief Executive Officer Waters-Oldani Executive Recruitment Division Charles (Chuck) S. Anderson is the Chief Executive Officer for the Waters-Oldani Recruitment Division within the Waters Consulting Group (WCG). In this role he also is a senior consultant within the HR Consulting Division for projects related to organizational design and development, strategic planning, and leadership/management development. Prior to joining the WCG, Chuck worked for local governments and public education, including City Manager for Dallas, Texas; Executive Director for the Dallas Area Rapid Transit (DART); and Executive Director for the Michigan Education Association. Chuck also served as Director for Local Government Reform for the International City/County Association (ICMA), managing a U.S. government contract for the planning and delivery of technical assistance to local governments in Central and Eastern Europe. His last assignment in this role with ICMA was to recruit and supervise a team of technical consultants to assist in re-building local governments in Bosnia following agreement on the Dayton Accords. During his service with the Michigan Education Association, Chuck also served as Senior Consultant for Urban Planning and Management for Michigan State University’s Institute for Public Policy and Social Research. Areas of Expertise Executive Recruitment Leadership/Management Development Organizational Design Organizational Development Professional Accomplishments and Education Chuck received a Bachelor of Arts degree in political science and human resources management and a Masters of Public Administration degree from the University of Kansas. He received the prestigious L.P. Cookingham Award for Development of Young Professionals from the International City/County Management Association (ICMA) and the Minority and Women Advancement Award from the American Public Transit Association (APTA). He was also recognized as Public Administrator of the Year by the American Society of Public Administration (ASPA) and Outstanding Management Innovator (Honorable Mention) by ICMA. Chuck was recognized in 2007 with the Lifetime Achievement Award from his Public Administration Alumni Association at the University of Kansas. Town Council 17 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 10 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. JERROLD (JERRY) OLDANI Senior Vice President Jerry Oldani’s expertise and personal attention to client needs exceeds traditional approaches to executive search. His search leadership reflects his extensive background in corporate management, human resources, consulting and community service. He often serves as an expert panel member at professional symposiums in the area of executive search. His skill at conducting analyses of complex public sector organizations sets the industry standard. His insights into both corporate and public sector management and thorough research and evaluation of candida te’s backgrounds have become hallmarks of the firm. For the last several years, Jerry has led the public sector search discipline in the placement of “women and people of color,” averaging over 47% of their total placements. With more than 35 years in executive search for the public sector, Jerry delivers solid and proven perspectives regarding human resources management, organizational analysis and executive search to the discipline. He has been a leading force in developing effective diversity-based recruiting methods, utilization of citizen groups in the recruiting processes and meeting the needs of public sector clients. His private sector focus has been in senior and executive level search for sales and marketing, human resources, finance and technical management personnel. Jerry, with the assistance of a dedicated staff, pioneered the use of a two year guarantee period and advanced recruiting brochures in the industry. Areas of Expertise Executive Recruitment Organizational Analysis Diversity-based Recruiting Methods & Techniques Conflict Resolution Professional Accomplishments and Education Jerry received the Bachelor’s of Arts in Public Administration degree from the California State University at Northridge and completed graduate studies in Industrial Psychology at the University of California at Los Angeles. He began his human resources career as Personnel Director at Univar Corporation. He was a Charter Member of the Business Advisory Council to the National Forum for Black Public Administrators (NFBPA) and Founding Member of the Hispanic Network. A decorated Viet Nam Veteran and Captain in the Marine Corps, Jerry has also held numerous positions of community leadership to include: Library Commission – City of Sunnyvale; Parks Board – City of Mountain View, California; Santa Clara Valley Rental Housing Mediation Authority and the Santa Clara Valley Minority Relations Resolution Group; Bellevue, Washington Form of Governance Committee; King County Metro Consolidation Committee; Bellevue Parks Board; Board of Directors Pacific Northwest Baseball Umpires Association; and Board of Directors Pacific Northwest Football Officials Association. Town Council 18 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 11 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. CHUCK ROHRE Senior Consultant Chuck Rohre is a Senior Consultant for The Waters Consulting Group, Inc. (WCG). In this role, he is responsible for managing and conducting executive recruitment engagements for the firm to insure their integrity, timeliness and adherence to budget parameters. Chuck has more than 30 years of experience in managing and consulting in both the private and public sectors. He has served as Police Chief and Director of Public Safety for North Texas municipalities with populations ranging from 9,000 to 200,000 plus. Prior to beginning his consulting career, Mr. Rohre served for three years as Police Chief of Plano, Texas. Chuck joined the firm in January 2006 following a 13-year engagement with another nationally recognized public sector search firm where he managed the Texas and Southwestern operations. He has an extensive and successful track record of completed recruitment across the nation, primarily in the Midwestern and Southwestern states. He has also conducted management-consulting assignments in a number of areas including public safety, career development and strategic planning. He has written and presented training in a number of subject areas including personnel assessment, leadership and management skills, and career development for public sector employees. Areas of Expertise Executive Recruitment Background Investigations Assessment Centers Career Development Law Enforcement Management and Training Professional Accomplishments and Education Chuck received his Bachelor’s degree in Career Development from the Dallas campus of Abilene Christian University and his Master’s degree in Human Relations and Management from the same institution. He has completed advanced management training at the Institute for Law Enforcement Administration and now serves on its adjunct faculty and advisory board. Chuck complet ed the Federal Bureau of Investigation’s prestigious LEEDS course at Quantico, Virginia. He is a veteran of the United States Army, serving in the United States and the Republic of Viet Nam. Town Council 19 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 12 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. ANDREA BATTLE SIMS Senior Consultant Andrea Battle Sims has been working in executive search for over six years, managing all phases of the search process for municipal, county, state and non-profit organizations, focusing on the East, Midwest and Mid-Atlantic regions with numerous searches for a number of governmental and non-profit executives including: City and Assistant City Managers, Library Directors, Chief Information Officers, Police Chiefs, City/County Attorneys, Parks & Recreation Directors, Finance Directors and Workforce Development Executive Directors. Andrea is an experienced professional with over twenty years of prior experience in Information Technology, EDP Audit and Management experience in both the public and private sector. Her local government leadership roles include serving as the IT Director at Cleveland Public Schools with a staff of 50; Deputy Director of IT at Cuyahoga County with a staff of 70. In addition, her county experience includes creating a start-up venture to sell public computer access to the legal community. Ms. Sims has held management positions at AT&T, Progressive Insurance, and National City Bank managing IT projects as well as IT professionals, along with serving as an internal consultant/auditor. She has successfully managed IT professionals through the change process from legacy to client-server technologies including both private and public sector Year 2000 implementations. Areas of Expertise Executive Search Recruitment and Retention Training Information Technology Organizational Assessment Strategic Planning and Implementation Project Management Process Improvement Professional Accomplishments and Education Andrea’s educational background includes a Bachelor of Arts in Mathematics from Spelman College, Atlanta Georgia and a Master of Science in Operations Research from The Wharton School at the University of Pennsylvania, Philadelphia, Pennsylvania. In addition, her post-graduate education includes numerous IT and management courses and seminars and certification from the Leadership Academy at Cleveland State University. Andrea’s current and past civic involvement includes the Board of Trustees at the American Cancer Society, Cuyahoga Unit; Junior League of Cleveland, along with leadership positions with the Links, Inc., the Spelman Alumnae Association, and Delta Sigma Theta, Inc. Town Council 20 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 13 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. TROY COLEMAN, Ph.D. Senior Consultant Troy has more than 25 years of impressive professional and executive level human resources experience. Before joining Waters Consulting Group, Inc., Dr. Coleman was most recently the Associate Superintendent for Human Resource Services with the Dallas Independent School District, where he designed and managed program efficiencies and automation to support employee on-boarding, and employee relations and mediation services. He designed and managed a nationally recognized program focused on international recruitment and selection of teachers, professionals and administrators to staff the 10,000-member teacher group and more than 20,000 total employees in the district. He served as Human Resources Director for the City of Dallas, Texas. Dr. Coleman was Senior Vice- President for Human Resources for an eCommerce business, and he has held various human resources posts in higher education and in local and federal government. He was a lecturer in Organizational Behavior and Personnel and Human Resources Administration at the University of Texas, Arlington; College of Business Administration; and Southern Methodist University, Cox School of Business, where he also lectured on Alternative Dispute Resolution. Throughout his career, Dr. Coleman has designed and led organizational development engagements on Organizational Change, Workplace Diversity, Conflict Management, and Employee Relations. He successfully facilitated dispute resolution and mediation processes involving disputes between police/public safety agencies and the communities they serve, employee disputes over diversity issues at work, EEO/Affirmative Action matters affecting companies and government agencies, differences between governing bodies and executive leadership teams, employee relations issues regarding pay and work conditions, and general interpersonal relations disputes. He was a faculty member with leadership institutes at George Washington University and the National Forum for Black Public Administrators. Areas of Expertise Recruitment and Selection Pre-employment and Promotional Testing and Assessments Workplace Diversity and Inclusion Programs Training and Organizational Development EEO and Equity Systems Analysis and Design Mediation and Conflict Resolution Training Competency-based Performance Achievement Programs Professional Accomplishments and Education For more than 12 years with his own firm, Dr. Coleman successfully designed and facilitated diversity training programs and services for federal and local governments, police, fire and public safety agencies, corporate businesses, and he has lectured at national conferences on the subject of managing diversity in the workplace. He has also managed projects that incorporate diversity and community relations with communities experiencing demographic and social change. He earned his doctorate from the University of North Texas and his master’s and bachelor’s degrees from Texas A&M University, Commerce. He has been a Licensed Professional Counselor, and he is an active member of the American Psychological Association. Town Council 21 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 14 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. PROFESSIONAL REFEREN CES City of Abilene, Texas (325) 676-6206 Mayor Norman Archibald Project: Selection of City Manager City of Fort Worth, Texas (817) 392-6116 Mr. Dale Fisseler City Manager Project: Selection of City Manager City of Friendswood, Texas (281) 996-3200 Mayor David Smith Project: Selection of City Manager Town of Highland Park, Texas (214) 521-4161 Mayor William H. Seay, Jr. Project: Selection of Town Administrator City of The Colony, Texas (972) 625-1796 Mr. Tony Johnston Interim City Manager Project: Selection of City Manager Pinellas County, Florida (727) 464-3367 Ms. Beverly Waldron Manager of Employment & Testing Project: Selection of County Administrator City of Fort Myers, Florida (239) 321-7022 Mr. William Mitchell City Manager Project: Selection of Assistant City Manager City of Sachse, Texas (972) 495-1212 Mr. Allen Barnes City Manager Project: Selection of City Manager City of Fountain, Colorado (719) 471-7955 Mr. M. Allen Ziegler City Attorney Project: Selection of City Manager City of Commerce City, Colorado (303) 289-3600 Mr. Jerry Flannery City Manager Project: Selection of City Manager City of New Braunfels, Texas (830) 221-4390 Ms. Julie O'Connell Human Resources Director Project: Selection of City Manager City of Kerrville, Texas (830) 257-6020 Mayor Steven Fine Project: Selection of City Manager City of Troy, Michigan (248) 524-3323 Ms. Lori Griggs Bluhm City Attorney Project: Selection of City Manager Loudoun County, Virginia (703) 737-8632 Ms. DL Mears Human Resources Officer Project: Selection of County Administrator City of Emporia, Kansas (620) 343-4251 Mr. Matt Zimmerman City Manager Project: Selection of City Manager City of Grand Rapids, Michigan (616) 456-3168 Mayor George Heartwell Project: Selection of City Manager Town Council 22 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 15 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. SAMPLING OF RELEVANT RECRUITMENTS Client Position Abilene, Texas City Manager Alexandria, Virginia Assistant City Manager Allen, Texas City Manager Ann Arbor, Michigan City Manager Arlington, Texas Deputy City Manager Baytown, Texas City Manager Beaumont, Texas Assistant City Manager City Manager (2) Bee Cave, Texas City Administrator Bellevue, Washington City Manager (3) Deputy City Manager Bend, Oregon City Manager Blaine, Minnesota City Manager Bothell, Washington Assistant City Manager City Manager Boulder, Colorado City Manager Bridgeport, Texas City Administrator Brookings, South Dakota City Manager Brooklyn Park, Minnesota City Manager Broward County, Florida Deputy Port Director Brownsville, Texas City Manager Brownwood, Texas City Manager Buda, Texas City Manager Cameron, Texas City Manager Canton, Texas City Manager Carrollton, Texas City Manager Casa Grande, Arizona City Manager Chandler, Arizona Assistant City Manager Chehalis, Washington City Manager Coalinga, California City Manager College Station, Texas Assistant City Manager Commerce City, Colorado City Manager Corpus Christi, Texas City Manager Assistant City Manager of Development Services Corvallis, Oregon City Manager Covington, Washington City Manager Davis, California City Manager Denton, Texas City Manager Assistant City Manager, Neighborhood Services Dubuque, Iowa City Manager El Paso, Texas Deputy City Manager Elmwood Park, Illinois Village Manager Emporia, Kansas City Manager Town Council 23 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 16 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. Client Position Englewood, Colorado City Manager Evanston, Illinois City Manager Farmers Branch, Texas City Manager Fate, Texas City Manager Fayetteville, North Carolina Assistant City Manager Federal Way, Washington City Manager Ferguson, Missouri City Manager (2) Forney, Texas City Manager Fort Collins, Colorado City Manager Fort Collins, Colorado Deputy City Manager Fort Myers, Florida Assistant City Manager Fort Worth, Texas Assistant City Manager (3) Fort Worth, Texas City Manager Fountain, Colorado City Manager Fresno, California Assistant City Manager Friendswood, Texas City Manager Gatesville, Texas City Manager Glendale, Arizona Deputy City Manager Grand Rapids, Michigan City Manager Great Falls, Montana City Manager Greenville, South Carolina Assistant City Manager City Manager Greenwich, Connecticut Town Administrator Gresham, Oregon City Manager Highland Park, Texas Town Administrator Hobbs, New Mexico City Manager Horseshoe Bay, Texas City Manager Huntsville, Texas City Manager Iowa City, Iowa City Manager Irving, Texas City Manager (2) Jasper, Texas City Manager Juneau, Alaska City Manager Kerrville, Texas City Manager Ketchikan Gateway Borough, Alaska Borough Manager Kilgore, Texas City Manager Killeen, Texas Assistant City Manager Kirkland, Washington Assistant City Manager City Manager La Grande, Oregon City Manager La Porte, Texas City Manager Lake Oswego, Oregon City Manager Lancaster, California Assistant City Manager Lee’s Summit, Missouri City Administrator Little Rock, Arkansas City Manager Long Beach, Washington City Administrator Longmont, Colorado City Manager Longview, Washington City Manager Loveland, Colorado City Manager (2) Lubbock, Texas City Manager Town Council 24 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 17 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. Client Position Maple Valley, Washington City Manager Mercer Island, Washington Deputy City Manager City Manager Midland, Texas City Manager Midlothian, Texas City Manager Mill Creek, Washington City Manager Missouri City, Texas Assistant City Manager City Manager Modesto, California Deputy City Manager Mont Belvieu, Texas City Administrator Mount Pleasant, Texas City Manager Mount Prospect, Illinois Village Manager Murphy, Texas City Manager Nederland, Texas City Manager New Braunfels, Texas Assistant City Manager Newcastle, Washington City Manager Norfolk, Virginia Assistant City Manager Norman, Oklahoma City Manager North Richland Hills, Texas Assistant City Manager Odessa, Texas City Manager Oregon City, Oregon City Manager (2) Paris, Texas City Manager Pearland, Texas City Manager Pinellas County, Florida County Administrator Pittsburg, Texas City Manager Plano, Texas Assistant City Manager (3) City Manager (2) Port Arthur, Texas City Manager Port of Long Beach, California Deputy Executive Director/Chief Operating Officer Port of Seattle, Washington Managing Director Puyallup, Washington City Manager Ramsey, Minnesota City Manager Richardson, Texas Assistant City Manager Roanoke, Virginia Assistant City Manager Roseville, Minnesota City Manager Sachse, Texas City Manager Saint Louis Park, Minnesota City Manager (2) San Angelo, Texas City Manager San Diego, California Deputy City Manager San Jose, California Assistant City Manager Sanger, Texas City Manager Sealy, Texas City Manager Seatac, Washington City Manager Snoqualmie, Washington City Administrator Snyder, Texas City Manager Soldotna, Alaska City Manager Spokane, Washington Chief Administrative Officer Springfield, Ohio City Manager Town Council 25 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 18 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. Client Position Sugar Land, Texas Assistant City Manager (2) Terrell, Texas City Manager Texas Municipal Retirement Systems- TMRS (Austin, Texas) Executive Director Tomball, Texas City Manager Virginia Beach, Virginia Assistant City Manager/CFO Waco, Texas City Manager Walla Walla, Washington City Manager Weatherford, Texas City Manager West Des Moines, Iowa City Manager West St. Paul, Minnesota City Manager Woodbury, Minnesota City Administrator Wrangell, Alaska City Manager Town Council 26 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 19 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. PROFESSIONAL FEE The professional fee to conduct the recruitment is provided below. Expenses are not included in the professional fees and are billed separately as incurred. Project-related expenses are approximately $6,500.00. Project-related expenses include such items as: job posting and advertising fees on various web sites and classified advertising fees in printed publications; consultant travel expenses; background checks/assessments; printing and production of necessary materials such as brochures, profiles and final reports; transportation; telephone fees; shipping and postage. Travel expenses incurred by candidates for on-site interviews with the client are not the responsibility of Waters-Oldani and are handled directly by the organization. The professional fee will be billed in four installments; 30% of the fee will be billed at the beginning of the search; 30% at the implementation of Phase II; 30% at the implementation of Phase III; and the final 10% upon acceptance of offer by the candidate. If candidates from this recruitment process are selected for another position within your organization within one year of the close of the recruitment, a fee of 50% of the above mentioned proposal amount will be due to Waters-Oldani Executive Recruitment. All questions regarding the professional fees and project-related expenses should be directed to Chuck Anderson, CEO of Waters-Oldani Executive Recruitment Division at canderson@watersconsulting.com or via phone at 817.965.3911. PHASE DESCRIPTION OF PROFESSIONAL SERVICES Phase I Task 1 – Candidate Profile Development/Advertising/Marketing (includes one day on site by Lead Consultant) Task 2 – Identify Quality Candidates Phase II Task 3 – Preliminary Screening & Initial Report to Client Task 4 – Reference Checks, Background Checks, and Academic Verifications Phase III Task 5 – Final Process/On-Site Interviews with Finalists (includes two days on site by Lead Consultant) Conclusion Acceptance of offer by candidate TOTAL PROFESSIONAL FEE $15,500.00 * Additional recruitments within twelve months would qualify for the discounted professional fee of $12,500.00 plus expenses. OPTIONAL SERVICES FOR CONSIDERATION FEES Additional work related to the search process and as specifically requested by the client which is outside of the scope of this project (i.e. additional onsite meetings) is additional. The fixed professional fee for this recruitment anticipates no more than three onsite consulting days with one consultant. However, we would be pleased to provide additional onsite consulting visits for our standard daily rate of $1500 plus expenses. $1500.00 per day plus expenses Town Council 27 of 333 Meeting Date: April 26, 2010 © 2010-The Waters Consulting Group, Inc. Page 20 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. OUR PRICE PROTECTION INITIATIVE Our Price Protection Initiative is designed for new clients in new markets. Simply stated, we will match the lowest comparable proposal’s price, including professional fees and project -related expenses that you have received during the proposal review process. We only ask that we have one day to review and acknowledge the scope of equivalent work offered by the lowest bidder. In addition to our Price Protection Initiative, we also offer the guarantee that we will not provide any fewer services than outlined in the lowest comparable proposer’s scope of work. In short, we guarantee the highest quality services in the market at the lowest price. Our goal in providing this initiative is to demonstrate our strong desire to gain your consulting business and to illustrate exactly what makes our firm different in the competitive market. Even though we have been providing executive recruitment and human resource consulting services to the public sector for more than twenty years, we have not had the opportunity to do business with the City of Trophy Club. Our belief, based on past experience over the last two decades, is that if we can gain your trust with this opportunity, we will have a long-lasting professional relationship, not only with a new and unique client, but also in a new geographic market. We would consider it a privilege to work with the City of Trophy Club with the recruitment of your City Manager. In the meantime, if you have any questions, you may contact me directly (817)965-1911 or via email at canderson@watersconsulting.com. Town Council 28 of 333 Meeting Date: April 26, 2010 From: Gary Holland [mailto:gholland73@hotmail.com] Sent: Friday, March 26, 2010 11:48 AM To: Brandon Emmons Subject: Mercer Group Proposal - Town Mgr Search Hi Brandon: Please find the attached information per your request regarding search services for the next Town Manager. I very much appreciate your help in presenting this information to the Town Council, and I will be glad to come to Trophy Club to meet with the Council at the appropriate time. A few points worth mentioning here are: The budget proposed for direct expenses is a "not-to-exceed" amount of $7000. However, my typical actual expenses have been around $4000 to $4500 depending on requests from the city councils (I conducted 12 video-recorded interviews for Bridgeport). This budget allows for accommodation of council requests without having to get extraordinary approval for the expense. I can also keep travel expenses down, since Trophy Club is within easy driving distance. I appreciated the report you provided on Trophy Club. This information in concert with much more will facilitate beneficial conversations with top candidates on the challenges of the position. The goal is to find candidates with the best fit for the community. Thanks again, and best wishes as you make the transition to Bridgeport. Gary Holland Senior Vice President The Mercer Group 405-269-3445 Town Council 29 of 333 Meeting Date: April 26, 2010 2603 South Oxford Drive Stillwater, Oklahoma 74074 Phone 405-269-3445 gholland@mercergroupinc.com gholland73@hotmail.com April 12, 2010 The Honorable Connie White Mayor City of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Dear Mayor White and Town Council members: Thank you for your inquiry about the services of The Mercer Group, Inc. to assist in the recruitment of a new Town Manager. We are pleased to submit this proposal for the City to evaluate our qualifications. We are very interested in assisting with this critical project. If selected to conduct the search, we are prepared to begin the work immediately following contract approval. We believe we can accomplish this project in a knowledgeable and efficient manner. The purpose of engaging the services of an executive search firm is to seek out and recruit experienced candidates and to assist the City in selecting highly qualified individuals who meet the profile and needs of the City and who might not otherwise apply. The Mercer Group, Inc. is exceptionally well qualified to assist the City with this project. We have conducted recent searches for city managers in similar communities nationwide. We are well experienced and very deliberate in determining the standards expected by elected officials so that the recruitment is well founded from the beginning. Prior to joining The Mercer Group, I gained over 27 years of direct experience in local government management. My local government work includes 10 years technical consulting and educational work with cities and counties throughout Texas, Oklahoma, Kansas, and Missouri as well as over 17 years executive level experience in one of the fastest growing cities in the nation. James Mercer has been conducting successful executive search services since 1981. This proposal is designed to provide an indexed and easily usable document for the City of Trophy Club to assess the qualifications of The Mercer Group, Inc. to handle this critical work. It contains the following sections: Table of Contents; Introduction, Background, and Objectives; Our Approach, Work Plan and Schedule; Firm History, Qualifications and Staffing; Why You Should Select The Mercer Group, Inc.; and Agreement/Contract. Appendices include our abbreviated list of References (we will be happy to provide the entire list of all positions); and Questions and Answers about Executive Search. Our performance guarantees are described on p. 17. Town Council 30 of 333 Meeting Date: April 26, 2010 I will conduct this search personally with professional support from Mr. James Mercer in establishing effective recruitment networks and channels. We are able as well to draw upon the leads and contacts of several other Mercer associates across the country. Thank you for the opportunity to respond to this important assignment. It would be our pleasure to be of service to the City of Trophy Club. This proposal is valid for ninety (90) days from receipt by the City of Trophy Club. Please call me at 405-269-3445 with any questions. Sincerely yours, THE MERCER GROUP, INC. Gary W. Holland Senior Vice President Enclosures Town Council 31 of 333 Meeting Date: April 26, 2010 CITY OF TROPHY CLUB, TEXAS Proposal for Executive Recruitment Services for the Position of TOWN MANAGER April 12, 2010 THE MERCER GROUP, INC. Town Council 32 of 333 Meeting Date: April 26, 2010 TABLE OF CONTENTS Section Page No. Cover Letter I. INTRODUCTION, BACKGROUND, AND OBJECTIVES.....................................1-3 A. Introduction and Background B. Objectives of the Search Process II. OUR APPROACH, WORK PLAN AND SCHEDULE...........................................4-11 A. Approach B. Work Plan 1. Position Analysis 2. Recruitment Process 3. Resume Review 4. Candidate Screening 5. Background Investigation 6. Interview Process 7. Negotiation and Follow-up C. Schedule III. COST PROPOSAL ...............................................................................................12-13 IV. FIRM HISTORY, QUALIFICATIONS AND STAFFING ...................................14-16 A. Firm Qualifications B. Resumes of Our Key Search Staff V. WHY YOU SHOULD SELECT THE MERCER GROUP, INC...........................17-19 VI. AGREEMENT.........................................................................................................20-21 APPENDICES A. References ..................................................................................................................... B. Questions and Answers About Executive Search............................................................. LIST OF EXHIBITS I. The Mercer Group, Inc. Sample Candidate Evaluation Checklist II. Schedule of Meetings with Town Council Town Council 33 of 333 Meeting Date: April 26, 2010 Proposal to the City Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 1 I. INTRODUCTION, BACKGROUND, AND OBJECTIVES This section presents our understanding of the City of Trophy Club's requirements for this search as well as the objectives and scope of the project. A. Introduction and Background Trophy Club began in 1973 when Houston developers Johnson and Loggins approached the Council of Westlake on the possibility of constructing a housing development around a posh country club. The town name came from the original plan that the Country Club would house the trophy collection of golfing legend Ben Hogan. The Hogan course at Trophy Club Country Club is the only golf course ever designed by Mr. Hogan. In 1983, Gibraltar sold the development to Independent America Group of Dallas who added nine holes to the golf course called the Eagle. As with the early pioneers, the residents needed a voice in planning the future of the town, and Trophy Club was incorporated on January 19,1985. The City of Trophy Club operates with a Council-Manager system. The Town Council is composed of five members plus the Mayor serving as the Council chairperson. The Council establishes policies, enacts ordinances, approves rules and regulations, and provides policy direction. The Town Manager, appointed by the Town Council, is responsible for the strategic management of the operating and administrative services and for executing the policies and laws of the Council. It is our understanding that: It is the intention of the Town Council to provide an efficient, deliberate selection process for the new Town Manager. The Council wishes to appoint a new Town Manager promptly, following a deliberate professional search. The Town Council will consider assistance from a recruitment and search firm immediately in order to act promptly in recruiting a new Town Manager. The City is considering "turn-key" executive search services and support in connection with the recruitment of a new Town Manager. We are prepared also for coordination with any supplemental search committee appointed by the Council. Services required include position analysis and preparation of a position profile; recruitment for the position; inviting potential candidates to apply; reviewing and screening applications; conducting preliminary interviews and background checks of Town Council 34 of 333 Meeting Date: April 26, 2010 Proposal to the City Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 2 selected candidates; recommending a list of final candidates; preparing the Council and coordinating final interviews; negotiating; and following up. The City wishes to conduct a comprehensive recruitment process to ensure the best qualified candidates are found and that the best qualified individuals who are acceptable can be hired. The annual salary and benefits package for the position will be discussed with the Town Council. B. Objectives The objectives that we will meet in order to help find the best qualified candidates for the position are as follows: To conduct on-site needs assessment for the new Town Manager. To develop a comprehensive position profile. To reconcile any differences in points of view with regard to specifications for the position. To encourage top level people to apply who might otherwise be reluctant to respond to an advertisement. To save a considerable amount of Council and staff time in establishing a position profile and reviewing applicants. To comply with appropriate personnel regulations and laws (i.e., EEO and ADA). To independently and objectively assess the qualifications and suitability of candidates for the position. To recommend a pool of finalist candidates to the Council. To coordinate finalist candidate interviews with the Council. To mail an informational brochure describing the City and the position to targeted prospects. To respond to all candidate inquiries and produce all correspondence throughout the search. Town Council 35 of 333 Meeting Date: April 26, 2010 Proposal to the City Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 3 To preserve the confidentiality of inquiries to the degree possible under Texas law. To assist the Council in reaching a final decision. To assist in negotiating a compensation package with the successful candidate on behalf of the City. To assist the Council in establishing performance expectations and evaluating the new Town Manager's performance. To follow up with the Council and the new Town Manager during the first year to determine if adjustments need to be made. To keep the Council closely involved in key decisions and informed of our progress. Town Council 36 of 333 Meeting Date: April 26, 2010 Proposal to the City Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 4 II. OUR APPROACH, WORK PLAN AND SCHEDULE This section presents our approach, work plan and schedule for the search project. A. Approach Our approach and style are interactive. A partnership is formed with our client to conduct a project. The Mayor, Council members and others you may ask to participate in the process will benefit through ease of implementation and by gaining more in-depth knowledge of the professional screening and selection of candidates. B. Work Plan We recommend a seven (7)-step search process as follows: 1. Position Analysis We will study and define work relationships, job qualifications and requirements for the position, update our knowledge of the community and City organization and create a "Position Profile." 2. Recruitment Process We will recruit regionally and nationally (more than just advertising) for the position and network to locate qualified candidates. 3. Resume Review We will identify qualified candidates. 4. Candidate Screening We will carefully screen prospective finalists according to the selection criteria contained in the Position Profile. 5. Background Investigation We will thoroughly evaluate the professional accomplishments, strengths and weaknesses, education and other records of prospective finalists prior to your interviews. 6. Interview Process We will coordinate interviews with the Council and facilitate selection. 7. Negotiation and Follow-up We will facilitate employment and follow up to ensure complete integrity of the process. Each step in this process for the Town Manager is described below. 1. Position Analysis We will have extensive consultation with the Mayor, Council members, and City staff as well as other individuals or groups (if you wish) to learn the City's current vision/mission, goals and objectives, the needs and issues, requirements of the job, and to verify information about the environment within which the position functions. We will spend a considerable amount of time at the beginning of the process in Trophy Club in order to update our knowledge of the community and the City organization. Town Council 37 of 333 Meeting Date: April 26, 2010 Proposal to the City Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 5 During this process, we will initiate individual interviews with Council members, the Mayor, department heads and key staff, and other community leaders if you wish to identify expectations, perceptions, and issues regarding the position, as well as the desired personal characteristics of the next successful Town Manager. If the Council wishes to appoint a citizens’ search committee or similar community group, we will establish the same initial process with that committee. Based on those meetings and interviews, we will prepare a draft position profile and review it with the Council in order to arrive at a general agreement regarding the specifications for the position. The final position profile will include information about the City, the community, major issues to be faced, the position, and the selection criteria established. Our Position Profiles are found to be thoroughly informative to prospective candidates. 2. Recruitment Process Because we have recently completed similar searches, we will review our database to determine those candidates whom we may already know and/or already have on file who may meet the City's specifications. Although this process is valuable, we will rely most heavily on our own contacts in the city management field and on our own experience. In other words, through "networking" (not just advertising) we will conduct a regional or nationwide professional search for the best qualified candidates and invite them to apply for the position. The Position Profile is a very effective tool during this phase of direct recruitment. We will also pursue a variety of advertising alternatives. We will place ads in professional journals and national and in-state newsletters to encourage applicants to apply. We are accustomed to using professional sources also that are relied upon by minority and women candidates. Here is an initial list of resources where we would expect to advertise. We will be open to other productive resources typically used by the City of Trophy Club. ICMA Newsletter and web site Texas Municipal League web site Public Sector Jobs Bulletin and web site Mercer Group and Trophy Club web sites State associations of city managers and web sites Targeted mailing of a four-color brochure highlighting the position and city 3. Resume Review We will review and analyze each applicant's background and experience against the position description criteria. We will acknowledge all resumes received and keep candidates informed of their status. Town Council 38 of 333 Meeting Date: April 26, 2010 Proposal to the City Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 6 4. Candidate Screening Criteria for the preliminary screening will be contained in the approved "Position Profile". They may include such items as education, technical knowledge, experience, accomplishments, management style, personal traits, etc. Screening of candidates against those criteria will be based on data contained in the resumes and other data provided by the candidates and on our knowledge of the organizations in which they work. At this stage, each must meet the minimum qualifications specified in the Position Profile. We will be responsible for screening the applications received. This initial screening will be conducted by telephone with both the prospective candidate and with references who may know the candidate's background and expertise. Once the initial screening is completed, we will identify prospective candidates who most closely match the criteria established by the Town Council. We will contact leading candidates and personally talk with each. We will closely examine their experience, qualifications and achievements in view of the selection criteria and our professional expertise in evaluating the quality of such qualifications and achievements. The output of this step in the process will be a Report on Leading Candidates with concise information of top candidates showing how each rates against the selection criteria established by the Council (Exhibit I). This report will be reviewed with the Council and guidance obtained prior to proceeding. It will include “thumbnail” comments about each proposed finalist with respect to some of the key selection criteria. Based on the preceding steps, a recommended list of finalists for the position of Town Manager will be compiled. We will meet with the Town Council to review the recommended list of finalists and seek your indication of the most promising few to invite for interviews. 5. Background Investigations As part of our process in evaluating your most promising candidates, we make detailed and extensive reference checks. In conducting these, it is our practice to speak directly to individuals who are now or have previously been in positions to evaluate the candidate's job performance. Town Council 39 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 7 EXHIBIT I SAMPLE CANDIDATE CHECKLIST Town Manager 1. Candidate’s full name__________________________________ Other names used_____________________________ Current title and employer_______________________________ 2. Current OR last annual salary___________________________________ Auto or allowance provided (specify)____________________________ Other compensation _____________________________ 3. What starting salary for this position is acceptable to you? 4. List name of college(s), city and state where degree(s) earned,name of degree(s)and year conferred. 5. List professional references available now to include supervisors, subordinates, and peers(minimum of six with phone numbers and home phone numbers if possible). 6. List six (6) career accomplishments of which you are most proud. 7. Provide a paragraph on the present (or last) city or county in which you work. 8. Please concisely describe your approach to effective council/manager relations. 9. Explain in a paragraph your management style and philosophy. 10. Describe in a paragraph your management approach to ensuring good customer service. 11. Please provide a concise narrative on your experience with the following: a. Economic development b. Information technology solutions c. Retaining, mentoring, and recruiting professional staff d. General aviation airports e. Interaction with other government agencies and chambers of commerce f. Water/wastewater treatment systems and electrical distribution systems g. Community involvement through civic clubs, chamber of commerce, etc. 12. Please briefly explain why you are interested in this position. 13. Please briefly explain why you are interested in leaving your current position. 14. If you are currently not employed, please explain (please list two references we can call who would know about this and could talk with us about it). 15. Pursuant to a thorough background check, would we find anything that might embarrass a future employer? 16. Please identify any litigation in which you were or are a participant. 17. What are your strengths and weaknesses relative to this position? We ask each candidate to provide us with a few key references. The references to be contacted will include supervisors, peers, and subordinates. In this way, we thoroughly evaluate each candidate using a 360 degree approach. We have talked to as many as 23 references concerning a single finalist candidate. These references and evaluations are combined to provide frank and objective appraisals of the top candidates. We also verify Town Council 40 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 8 past employment difficulties, if any, including any legal action filed against former employers. As part of our evaluation process, we verify undergraduate and graduate college degrees. Additionally, we arrange for credit checks, criminal checks, and a driving history report. 6. Interview Process We will prepare a written summary on each of your finalists. The information will cover, but not be limited to, 1) present position, 2) total years experience, 3) salary requirements, 4) education, 5) previous positions held, 6) notable projects, 7) management style, 8) skills and abilities, 9) interests, and 10) professional goals. This information will be presented to the Council in a detailed written format combined with the results of the background investigation and reference interviews. Our report will be presented in a meeting with the Town Council in which we will discuss our findings and provide background information. We will also provide an Interview Guide with sample questions and a rating form for the interviews. Targeted questions will be recommended regarding management concepts and competencies as well as work experience. We will also provide the Council with our recommendations relative to timing, sequencing, location, setting, format, and conduct of interviews with the finalists. We will arrange schedules for top candidate interviews with the Council and will coordinate the process with your staff. During the time candidates are in Trophy Club for interviews, it can be effective to schedule a public reception for a variety of other City leaders to meet the candidates. Such a reception can be arranged informally at a convenient time and place. Council members often gain valuable feedback from those attending and from observing the interactions with Town Manager candidates. Community members gain confidence from meeting and talking with the candidates. Feedback may also be forthcoming from those who observe the open interviews. Other successful interview steps include an opportunity for each finalist candidate to talk with the top City staff members and to take a guided tour of City facilities and community assets. For a thorough interview process that helps the Town Council to reach a sound conclusion, we can discuss many other procedural options. 7. Negotiation and Follow-up Town Council 41 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 9 We will also assist in mediating the process relative to salary, benefits and other conditions of employment if you wish. This may allow the Council and the new Town Manager to avoid beginning their work together with an adversarial relationship. We can be especially helpful also because we have proposed a fixed fee rather than one based on a percentage of salary. One contingency here is that an agreement may not be able to be arranged. If that is the case, we will continue to work with the Council to select an alternate candidate. We are prepared to handle any and all media relations. Unless otherwise directed, it is our standard practice to tell all media that we are working on behalf of the City of Trophy Club and that any public statement should come directly from the Council. We will maintain confidentiality of candidate information to the extent desired by the City and to the degree possible under Texas law. Finally, we will notify all candidates not recommended for personal interview of the final decision reached. We suggest, however, that it is more appropriate for the Council to directly notify all unsuccessful candidates personally interviewed of the final result. Once the new Town Manager has been on board for 30 days or so, we are available if desired to conduct a session with the Council and the new Town Manager in order to establish mutual performance criteria and goals for the position. In this regard, we will work with the Council to help define the role of the new Town Manager. We will follow up periodically with the City during the first year in order to make any adjustments that may be necessary. We will keep the Town Council closely informed and involved in decisions concerning the search process at all times. We will prepare and send periodic reports that describe the progress on the recruitment, specific steps to be taken to meet the City's deadlines, and an itemization of expenses incurred to date. Support from the City will be needed, as follows: Arranging interviews with Council members, other community members and staff Providing budget, organization charts and other documents Place of contact for the search Processing invoices for payment Town Council 42 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 10 C. Schedule We propose a 90-day schedule from start date to the Council’s appointment of the new Town Manager: With the Council’s contract approval, for example, we would expect to begin development of the position analysis and profile immediately. Advertising and recruitment would be conducted during the next six weeks. This would allow us to report the top finalists at 60 days. The Town Council should be in a position at that point to select top finalists. Following our background checks and other preparation, interviews could be arranged in Trophy Club and a selection could be made by the Town Council before the end of 90 days. This schedule can be altered further in order to meet the City's requirements. Our proposed schedule of meetings with Town Council is shown in Exhibit II. Town Council 43 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 11 EXHIBIT II SCHEDULE OF MEETINGS WITH THE TOWN COUNCIL 1. Individual interviews with the Mayor, Council members, department heads, community members and others. 2. Meeting with Town Council to finalize position profile. 3. Possible meeting with Council to discuss top 8 to 10 candidates and solicit feedback. 4. Meeting with Council to present Final Report on top 3 to 5 candidates. 5. Facilitate Council's interviews with each finalist candidate. 6. Meeting with Council to assist/facilitate selection of new Town Manager. 7. Possible follow-up meeting with Town Council and new Town Manager 30 to 60 days after start of work for purposes of establishing mutual goals, performance objectives. Town Council 44 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 12 III. COST PROPOSAL Our fees for the services outlined to recruit the new Town Manager are $16,500 plus a budget not-to- exceed $7,000 for direct expenses. Our fees are broken down as follows: Job Analysis, Position Profile.................................................................................... $ 3,850 Advertising and Recruitment ...................................................................................... 1,600 Resume Review........................................................................................................... 2,200 Candidate Screening................................................................................................... 2,500 Background Investigation............................................................................................ 2,850 Interview Process......................................................................................................... 2,500 Negotiation and Follow-up....................................................................................... 1,000 TOTAL FEE.................................................................................................$16,500 DIRECT EXPENSE BUDGET ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,000 MAXIMUM FEES AND EXPENSE, TOWN MANAGER . . . . . . . . . . . $23,500 Direct expenses are for advertising sources, direct mail, consultant travel, telephone, correspondence, and report preparation. A typical engagement requires about $4500. However, we are also available to travel to finalist candidates’ current community to conduct on-site interviews if the Council so directs. Because of the close proximity of my office to Trophy Club, expenses can be kept to a minimum. The cost for final candidates to travel to interview with the Council is not included. Such costs are typically paid by the City on a reimbursement basis directly to the candidates. These costs are difficult to estimate because they depend on where the candidates are located. Out-of-state costs run as high as $750 to $1,000 per person. The City of Trophy Club's cost for The Mercer Group, Inc. for services rendered under this agreement will not exceed the agreed upon price unless an increase is authorized by the City in writing. We will submit invoices for fees and expenses. It is our practice to bill one-third at the start of the search, one-third after 30 days, and one-third upon an appointment of the Council's selected candidate. Each invoice will be payable upon receipt for professional services. Expenses will be billed monthly and shown as a separate figure. We will comply with all applicable laws, rules and regulations of federal, state and local government entities. Our ability to carry out the work required will be drawn greatly from our past experience in providing similar services to others, and we expect to continue such work in the future. We will, to the degree possible, preserve the confidential nature of any information received from you or developed during the work in accordance with our professional standards. Town Council 45 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 13 We assure you that we will devote our best efforts to carrying out this engagement. The results obtained, our recommendations and any written material provided by us will represent our best judgment based on the information available to us. Our liability, if any, will not be greater than the amount paid to us for the services rendered. This proposal constitutes the agreement between us. It cannot be modified except in writing by both parties. Our agreement will be interpreted according to the laws of the State of Texas. Town Council 46 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 14 IV. FIRM HISTORY, QUALIFICATIONS AND STAFFING This section presents our qualifications to conduct projects of this type and describes the staff to be assigned to the search. A. Firm Qualifications The Mercer Group, Inc. is an independent management consulting firm incorporated in the State of Georgia and operating nationwide. The firm was founded by James L. Mercer, a long-term public management consultant. Mr. Mercer started his own firm in 1981 and, in 1984, merged it with another consulting firm, Wolfe & Associates, Inc. On June 1, 1986, Mr. Mercer acquired the Human Resource and Organizational Consulting Practice of Wolfe & Associates, Inc. This acquisition formed the basis for Mercer, Slavin & Nevins, Inc. He sold his interest in Mercer, Slavin & Nevins, Inc. early in 1990 and founded The Mercer Group, Inc. The Mercer Group, Inc. provides exceptionally high quality management consulting services to state and local governments, transit authorities, health care providers, utilities, special districts, and private sector clients. Specialty practice areas include: executive recruitment, organization and operations analysis, productivity improvement, strategic planning, management systems, compensation/classification/policy studies, privatization, budget evaluation services, government consolidation and organization development, training, and general management consulting. Our key consultants have conducted successful searches for hundreds of public sector organizations nationally and can offer numerous references as testimony of our work. Public sector clients constitute over 90% of our business. James L. Mercer has conducted or assisted in the conduct of more than 250 successful executive searches in recent years. Mr. Mercer is the Chief Executive Officer of our firm and is located at our Santa Fe office as follows: James L. Mercer, President The Mercer Group, Inc. 551 West Cordova Road Santa Fe, NM 87505 Telephone: 505-466-9500; FAX: 505-466-1274 Federal Tax ID No.: 58-1877068 mercer@mindspring.com www.mercergroupinc.com Town Council 47 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 15 B. Resumes of Our Key Staff Gary W. Holland, Senior Vice President Gary Holland brings over twenty-seven years of public sector experience to the management of the Oklahoma and Texas offices. Immediately prior to joining The Mercer Group he worked over seventeen years in city management addressing issues in strategic planning, downtown redevelopment, growth management, capital projects oversight, budgeting, and finance. Mr. Holland also has consulted with cities in Texas, Oklahoma, Kansas, and Missouri while affiliated with ICMA’s Public Technology, Inc. focusing on police, fire, and public works issues. Additionally, he participated in the Oklahoma State University county government training program and authored a variety of publications and guidebooks for elected county officers. He also collaborated to create a comprehensive program on risk management for small local governments on behalf of the USDA Cooperative Extension Service. Gary served as a charter member of the governing board of a non-profit organization devoted to addressing problems associated with homeless populations. He received an MBA from Oklahoma State University with an emphasis in management and finance and a bachelor of business administration degree from the University of Oklahoma. Gary W. Holland The Mercer Group, Inc. 2603 South Oxford Drive Stillwater, Oklahoma 74074 Telephone: 405-269-3445 E-mail: gholland@mercergroupinc.com gholland73@hotmail.com James L. Mercer, President Mr. Mercer holds a Master of Business Administration degree from the University of Nevada, Reno, and a Bachelor of Science degree in Industrial Management from the same institution. He has also received a Certificate in Municipal Administration from the University of North Carolina at Chapel Hill and is a graduate of the Executive Development Program at Cornell University. Mr. Mercer is a Certified Management Consultant (CMC) and has more than 23 years of experience in executive search and management consulting. He has authored or co-authored five books and has written more than 200 articles on various management topics. His experience covers the following functional areas: executive search, organization and operations analysis, management systems, productivity Town Council 48 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 16 improvement, seminars/training, goal setting, strategic planning, privatization, government, consolidation, and general consulting. Prior to founding The Mercer Group, Inc., Mr. Mercer held positions as President of Mercer, Slavin & Nevins, Inc.; Regional Vice President of Wolfe & Associates, Inc.; as Partner and Vice President of Korn/Ferry International; General Manager of Battelle Southern Operations; National Program Director for Public Technology, Inc.; and Assistant City Manager of Raleigh, North Carolina. Karolyn Prince-Mercer, Vice-President Karolyn Prince-Mercer has been significantly involved in The Mercer Group’s local government management consulting and executive search practice for over 18 years. She specializes in work with local governments nationally in the areas of executive search, compensation and classification studies, organization and management studies and is an expert in the administration, scoring and interpretation of our firm’s proprietary Organizational Climate Survey (OCS). Ms. Prince-Mercer is also an attorney and has specialized in executive searches for city and county attorney positions. Ms. Prince-Mercer received her Bachelor of Arts degree in History, with minors in Art, Political Science and Education from the University of Nevada. She received her Doctor of Jurisprudence degree from Woodrow Wilson College of Law in Atlanta and is a licensed attorney in Georgia and New Mexico. Ms. Prince-Mercer has continued her professional development by completing a large number of seminars and training programs in various aspects of the legal field. She is also a member of the International Municipal Lawyers Association (IMLA), the State Bar Association in Georgia and New Mexico, and is qualified in Meyers-Briggs Type Instrument (MBTI). She is also certified to administer, score and interpret The Mercer Group, Inc. Organizational Climate Survey (OCS). Karolyn Prince_Mercer The Mercer Group, Inc. 551 West Cordova Road Santa Fe, New Mexico 87505 Telephone: 505-660-5503 E-mail: KPM@cybermesa.com Town Council 49 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 17 V. WHY YOU SHOULD SELECT THE MERCER GROUP, INC. We believe some advantages to using The Mercer Group, Inc. which you may wish to consider are: 1. Critical Path Method The Mercer Group, Inc. uses a "critical path" search process which is designed to allow our clients to focus their attention on the selection process rather than on recruiting and screening candidates. We have learned that each client's need for key executives is different and that there is no one "best" person for all situations. The best prospects are most frequently happily employed and are not responding to advertisements. These people typically need to be sought out and encouraged to become candidates. They are understandably reluctant to apply for positions if their interest could become a matter of public information prior to being assured that they will be finalist candidates. Our approach to this assignment will reflect the unique qualities of the City of Trophy Club. It will honor the interests of candidates to the extent possible under Texas law. 2. Reasonable Fees Our practice was formed to provide exceptional quality recruitment services to our clients. Our system is designed to allow us to extend reasonable fees to our non-profit and governmental clients and still be within our profit margins on each assignment. 3. Experience Our search specialists are among the most experienced recruiters in the United States. We are also conducting similar consulting assignments currently. 4. Repeat Engagements We have received a considerable amount of repeat business from our clients during the recent past. 5. Unique Skills and Services We offer a valuable combination of skills and services which is unique in our industry. Our firm is nationally respected in the areas of organization analysis and development, team building, strategic planning, goal setting, and productivity analysis. 6. Performance Guarantees We guarantee that we will not recruit candidates for other clients from the City of Trophy Club unless, for some reason, you specifically authorize us to do so. We further guarantee that if all the steps of our proposal are approved and carried out, should the selected candidate leave your employ within eighteen months of employment, we will redo the search for the cost of our expenses only. Our other guarantees include never attempting to recruit our placement without your permission and continuing the search until you are satisfied. 7. Strategic Locations We are a national firm and serve the United States from our offices nationwide. We will be in Trophy Club when you need us. Town Council 50 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 18 8. Specialists in Search We are specialists in public sector and related executive search and will devote our most experienced consultants to this project. We will not delegate any important aspect of the work to less experienced staff. 9. Positive Track Record We have a positive track record of placements on all of our search assignments and have satisfied clients as references. 10. Objectivity and Custom Tailored Services We do not use the same cadre of candidates again and again. And, we have no allegiances which preclude our total objectivity respective of any candidate. 11. Thorough Work Product We check references, we verify education and our work product is most thorough and of the highest quality. 12. Contemporary Organization Analysis Insight We have contemporary organization analysis experience with similar organizations and will share our insights about your organization as we proceed with the search. 13. Proven Satisfaction Over 90 percent of our placements during the past five years are still in their same positions. 14. Ethical Standards We have participated in the establishment of ethical standards for public sector executive search firms, and we abide by those standards. We also abide by the Ethical Standards of the Institute of Management Consultants and the International City/County Management Association. 15. Objective Evaluation We are experienced in objectively evaluating internal and local candidates. 16. Contacts We have the local, state-wide and national contacts to expedite the search process. 17. Database We have a large database of well-qualified candidates which can be searched. 18. Minority/Women Placements We have a number of minority and women placements. 19. Diagnostic Techniques We use diagnostic techniques to determine the needs of our clients and to determine how candidates match up with those needs. 20. Position Dimensions Analysis We use a technique which allows for the determination of dimensions that are important in a Town Manager's position and then determine specific questions that we should ask prospective candidates that will Town Council 51 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 19 allow us to systematically determine whether or not those individuals have those characteristics. (For example, one dimension might be negotiating skills; leadership skills might be another, etc.) 21. Dimensions Matrix We also use a matrix approach to display the candidates along a number of dimensions and then review the top 10 or so of those individually with the Council to get their involvement and feedback prior to us spending City resources to interview a large number of candidates. This helps better target the search and produces a much more effective result. 22. Group Process Techniques In addition, we use a number of group process techniques to assist the Council and the new Town Manager to better settle in and focus on a set of mutual performance criteria once the new person has been selected and comes on Council. 23. Never Say "No" We almost never say "no" to our clients. 24. Keep You Involved We will keep the Mayor and Council actively involved in the search process at all times. 25. Ready to Go We are ready to begin work immediately and proceed rapidly to complete this assignment. We can meet your schedule. Town Council 52 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 20 VI. AGREEMENT AGREEMENT EXECUTIVE SEARCH SERVICES This AGREEMENT, made as of this____ day of________, 2010, by and between THE MERCER GROUP, INC. and the CITY OF TROPHY CLUB, TEXAS, a municipal corporation. WITNESSETH: WHEREAS, the City of Trophy Club, Texas, (hereinafter referred to as the "City") has made a request for proposals dated April 12, 2010 to hire an executive recruiter to conduct a search for a Town Manager for the City, and WHEREAS, The Mercer Group, Inc. (hereinafter referred to as "Mercer") has submitted a proposal in response to the City's request, and WHEREAS, the City has selected Mercer's proposal as the proposal which best meets its needs and the City desires to hire Mercer to conduct the City's search for a new Town Manager, and WHEREAS, Mercer desires to assist the City in conducting the City's search for a Town Manager. NOW, THEREFORE, in consideration of the following mutual covenants and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by all parties hereto, Mercer and the City hereby agree as follows: 1. Mercer agrees to provide services and support to the City in the conduct of the City's search for a Town Manager. Mercer agrees to conduct the City's project in accordance with the scope of services outlined in its Proposal to the City dated April 12, 2010, in response to the City's request for proposal. Mercer's proposal is incorporated by reference and thus made a part of this Agreement. 2. The City agrees to compensate Mercer for its services in the amount of $16,500 for professional services and not-to-exceed $7,000 in expenses for the search. Payments to Mercer are to be made as outlined on pages 12-13 of Mercer's proposal to the City. 3. The City and Mercer both agree that this Agreement shall be governed by the laws of the State of Texas. 4. The City and Mercer both agree that in the event a dispute arises between the parties, the complaining party shall promptly notify the other of the dispute in writing. Each party shall respond to the other party in writing within ten (10) working days of receipt of such notice. 5. The City and Mercer both agree that any amendments to this Agreement shall be made in writing and executed by both parties. A proposed amendment which Town Council 53 of 333 Meeting Date: April 26, 2010 Agreement, Continued: Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 21 is not in writing and executed by both parties shall not affect the terms of this Agreement. 6. The parties shall have the right at either party’s convenience to terminate this Agreement following ten (10) days written notice to the affected party. Should either party terminate this Agreement the City shall only be obligated to pay Mercer for those services already provided. CITY OF TROPHY CLUB, TEXAS BY: ________________ ATTEST: ________________ THE MERCER GROUP, INC. BY: ____________________ Gary W. Holland Senior Vice-President Town Council 54 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 22 APPENDIX A: REFERENCES You may contact any of the following for references on the professional work of The Mercer Group. Mayor Don Majka City of Bridgeport; population: 6095 900 Thompson Street Bridgeport, Texas 76426 940-683-3400 City Administrator Search Jerry Bailey Vice President for Human Resources San Antonio Water System 2800 US Highway 281 North San Antonio TX 78298 210-233-3516 President/CEO Search Mayor West Perry Courtney Sharp - City Manager City of Midland; population: 103,880 300 N Loraine Avenue Midland TX 79701 432-686-5000 (Mayor) 432-685-7100 (CM) Sheryl Sculley - City Manager Sharon De La Garza - Assistant City Manager City of San Antonio; population: 1,622,899 PO Box 839966 San Antonio TX 78283 210-207-7080 (CM) 210-207-2200 (ACM) Mayor Ben White Glenn Brown - City Manager City of College Station; population: 75,000 1101 Texas Avenue College Station TX 77840 979-764-3541 (Mayor) 979-764-3510 (CM) Town Council 55 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 23 Mayor D. Mark Conlee David Watkins - City Manager City of Bryan; population: 75,000 300 S Texas Avenue Bryan TX 77803 979-209-5008 (Mayor) 979-209-5100 (CM) Joyce Wilson City Manager City of El Paso; population: 680,000 2 Civic Center Plaza El Paso TX 79901 915-541-4215 Larry Robinson City Manager City of McKinney; population: 110,000 222 N Tennessee (PO Box 517) McKinney TX 75070 972-547-7520 Mayor Karen Messerli Lee’s Summit City Council City of Lee’s Summit: population: 95,000 220 SE Green Lee’s Summit, Missouri 64063 505-660-5503 City Manager and City Attorney Search APPENDIX B Town Council 56 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 24 QUESTIONS AND ANSWERS ABOUT EXECUTIVE RECRUITMENT 1. Why should a public sector organization utilize an executive recruiter? We have the experience, time and a vast array of national contacts in public agencies. This will save your organization time and money in filling key positions with candidates of exceptional quality. The trend is that more and more public agencies, both large and small, are turning to executive search firms to recruit key executives and managers who may be happy and successful elsewhere. This trend has developed because of the complexity and time consuming nature of locating and selecting high quality persons for public sector organizations and by the tremendous success of specialty firms such as ours in meeting client needs quickly and efficiently. 2. How is an executive recruitment conducted? Our methods have been successfully tested over a number of years. We normally meet with the key clients and appointed officials who engage us in order to determine the selection criteria for the position. These criteria usually include education and professional development, related experience, management style and abilities, and personal characteris- tics. We then seek out exceptionally well-qualified individuals and invite them to become candidates. We screen candidates against the selection criteria and thoroughly evaluate the background of the most promising candidates. We submit to you a detailed report on the top five or so candidates who best meet the criteria. We arrange interviews of the candidates with you, attend the interviews ourselves, negotiate with selected finalists if you wish, and notify remaining applicants of your decision. Throughout the process, we acknowledge all applicants and keep you informed of progress. We will also conduct a goal and objective-setting session with you and the key executive to fully establish him/her within the organization. Where possible, we maintain confidentiality of all information in accordance with our professional standards. 3. When can results be expected? A national search process normally takes 90 days from agreement to submission of the final report. Interviews can be conducted immediately after the report is submitted and negotiations with the selected candidate can be concluded shortly thereafter. More limited searches can usually be completed more quickly. Town Council 57 of 333 Meeting Date: April 26, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 25 4. What are the chances of success? We have an outstanding success rate on all of our executive recruitment assignments and will be pleased to offer numerous references as tributes to our work. 5. What will the electorate think? They are concerned with excellent quality and timeliness of service and with cost efficiency. Our process assures you that these constituent objectives are being met most effectively. 6. What is the role of the client? The client is the key decision-maker. We will not usurp the client's authority relative to the process and the key decisions. We work closely with our client to assure that final results are highly acceptable. 7. What does it cost? We charge a fixed professional service fee that does not depend upon salary paid. In addition, our consulting expenses usually are 25 to 30 percent of the professional service fee. Our expenses vary according to local circumstances. 8. What other services are provided? If, for some reasons, the selected candidate leaves within eighteen months, we guarantee that we will conduct a replacement search for expenses only. In addition, we guarantee that we will not attempt to recruit any of the client's key people for other positions for a period of two years from the completion of the search. 9. What about EEO requirements? The Mercer Group, Inc. is an equal opportunity recruiter. We will not discriminate against any person on the basis of race, religion, creed, color, gender, handicap, sexual orientation or national origin. We have had numerous women and minority candidates and placements. Town Council 58 of 333 Meeting Date: April 26, 2010 The MERCER GROUP INC. PREVIOUS SEARCHES Examples of our executive search experience follow: * Executive search work performed by a current staff member while working for another firm. 1. PUBLIC SECTOR City Managers/Administrators Akron, Ohio - Assistant to the Mayor (Technology Agent) - 1973 Alachua, Florida - City Manager - 2001 Albany, Georgia - Assistant City Manager (Limited scope search) - 2000 Angel Fire, New Mexico - Town Administrator (Limited scope search) - 2000 Andrews, Texas - City Manager - 2000 Ann Arbor, Michigan - City Administrator - 2001 Ann Arbor, Michigan - City Administrator - 1995 Ann Arbor, Michigan - City Administrator - 1988 Arkansas City, Kansas - City Manager - 2006 Arlington, Texas - Assistant City Manager (Technology Agent) - 1973 Aspen, Colorado - City Manager - 1989 Athens/Clarke County Unified Government, Georgia - Manager - 2000 Athens/Clarke County Unified Government, Georgia - Manager - 1995 Aurora, Colorado - City Manager - 1989 Austin, Texas - City Manager - 1988 Avondale, Arizona - City Manager - 2000 Barrington, Illinois - Village Manager - 1998 Bay City, Michigan - City Manager - 2003 Beavercreek, Ohio - City Manager - 2003 Beavercreek, Ohio - City Manager - 1985 Belding, Michigan - City Manager - 1999 Bellaire, Texas - City Manager - 1996 Billings, Montana - City Administrator - 2006 Billings, Montana - City Administrator - 2003 Billings, Montana - City Administrator - 1999 Billings, Montana - Assistant City Administrator - 2003 Billings, Montana - Deputy City Administrator - 2003 Bloomfield Hills, Michigan - City Manager - 2006 Bloomfield Hills, Michigan - City Manager - 2001 Boca Raton, Florida - Assistant City Manager - 1989 Boulder, Colorado - City Manager - 2002 Boynton Beach, Florida - City Manager - 1999 Bryan, Texas - City Manager - 2006 Cairo, Georgia - City Manager - 1995 Cape Coral, Florida - City Manager - 1996 Carpentersville, Illinois - Village Manager - 2001 Carrboro, North Carolina - Town Manager - 2003 Casa Grande, Arizona - City Manager - 2003 Casselberry, Florida - City Manager (Limited scope search) - 2003 Centennial, Colorado – Deputy City Manager - 2007 Centennial, Colorado - City Manager – 2001 Champaign, Illinois – Assistant City Manager - 2007 Charlotte, North Carolina - Deputy City Manager (Limited scope search) - 2000 Charlotte, North Carolina - City Manager - 1996 Charlotte, North Carolina - City Manager -1981 Town Council 59 of 333 Meeting Date: April 26, 2010 Chesapeake, Virginia - City Manager – 1996 Clayton, Missouri - City Manager - 2003 *Cloverdale, California - City Manager - 2001 College Park, Georgia - City Manager - 2002 College Park, Maryland - City Manager - 2004 College Park, Maryland - City Manager - 2002 College Station, Texas - City Manager - 2006 College Station, Texas - Assistant City Manager (2) - 2006 *Colma, California - City Manager - 1998 Columbia, South Carolina - City Manager - 1997 Columbus, Georgia - City Manager - 1995 Concord, North Carolina - City Manager - 1999 Coral Springs, Florida - Assistant City Manager - 2000 *Cotati, California - City Manager – 1997 Covington, Washington – City Manager - 2006 Culpeper, Virginia - Town Manager - 2000 *Daly City, California - Assistant City Manager - 1995 Danville, Virginia - City Manager - 1999 Davie, Florida - Town Administrator - 1999 Dayton, Ohio – Assistant City Manager for Operations - 2007 Dayton, Ohio – Assistant City Manager for Strategic Development - 2007 Dayton, Ohio - City Manager - 2006 Daytona Beach, Florida - City Manager - 2002 Decatur, Illinois - City Manager - 1987 Deerfield Beach, Florida - City Manager - 1989 DeKalb, Illinois - City Manager - 1998 Delaware, Ohio - City Manager - 1998 Delray Beach, Florida - City Manager - 1986 Del Rio, Texas - City Manager (Limited scope search) - 1995 Derby, Kansas - City Manager - 2001 Dothan, Alabama - City Manager - 2002 Downer’s Grove, Illinois - Village Manager - 2005 Durham, North Carolina - City Manager – 2008 Durham, North Carolina - City Manager - 2004 East Point, Georgia - City Manager - 1999 East Point, Georgia - City Manager - 1996 Eau Claire, Wisconsin - City Manager - 2006 Elkhart, Kansas - City Administrator (Limited scope search) - 2000 Eloy, Arizona - City Manager - 2000 El Paso, Texas - City Manager 2004 El Reno, Oklahoma - City Manager - 2006 Enid, Oklahoma - City Manager - 1997 *Encinitas, California - City Manager - 1999 Eugene, Oregon - Assistant City Manager (Technology Agent) – 1973 Eustis, Florida – City Manager - 2007 Evanston, Illinois - Assistant City Manager (Technology Agent) - 1973 Evanston, Illinois - City Manager - 1996 Fairmont, Minnesota - City Administrator - 1988 Federal Heights, Colorado - City Manager – 2007 Federal Heights, Colorado - City Manager – 2004 Federal Way, Washington - City Manager - 1999 Flint, Michigan - City Administrator - 2001 Florence, South Carolina - City Manager - 1996 Fort Lauderdale, Florida - City Manager - 1998 Fort Smith, Arkansas - City Administrator - 2006 Fountain Hills, Arizona - Town Manager - 2002 Frankfort, Kentucky - City Manager - 2003 Franklin Village, Michigan - Village Administrator - 1998 Gainesville, Florida - City Manager - 1995 Gainesville, Florida - City Manager - 2005 Town Council 60 of 333 Meeting Date: April 26, 2010 Galesburg, Illinois - City Manager – 2006 Gastonia, North Carolina – City Manager - 2007 Glen Ellyn, Illinois - Village Manager - 2006 Glen Ellyn, Illinois - Village Manager - 2008 Glencoe, Illinois - Village Manager - 2000 Glendale, Arizona - Deputy City Manager (2 Positions) - 2004 Glenview, Illinois - Village Manager – 2004 Goldsboro, North Carolina - City Manager – 2004 Goodyear, Arizona – City Manager – 2008 Grand Island, Nebraska – City Administrator - 2007 Grand Ledge, Michigan - City Administrator - 1999 Granville, Ohio - Village Manager - 2005 Greeley, Colorado - Deputy City Manager - 2006 Green Cove Springs, Florida - City Manager (Limited scope search) - 1997 *Greenfield, California - City Manager - 1998 Greensboro, North Carolina - Assistant City Manager (Limited scope search) - 1996 Gulfport, Florida - City Manager - 2003 Gulfport, Florida - City Manager – 1989 GVR Metropolitan District Green Valley Ranch, Denver, Colorado – District Manager - 2008 Hampton, Virginia - Assistant City Manager (Technology Agent) - 1973 Hampton, Virginia - City Manager - 1984 *Healdsburg, California - City Manager - 1995 Highland Park, Michigan - Interim City Manager - 2002-2003 High Point, North Carolina - Assistant City Manager (Technology Agent) - 1973 Howell, Michigan - Deputy City Manager for Financial Services - 2004 Huber Heights, Ohio - City Manager - 2000 Hudson, Ohio - City Manager - 1997 Independence, Missouri - Assistant City Manager (Technology Agent) - 1973 Indian Rocks Beach, Florida - City Manager (Limited scope search) - 1997 Indian Rocks Beach, Florida - Interim City Manager (Assist) - 2005 Jackson, Michigan - City Manager - 1996 Jackson, Michigan - City Manager – 2004 Jackson County, Missouri – Deputy Chief Administrative Officer - 2007 Jacksonville, North Carolina – Assistant City Manager - 2006 Jacksonville, North Carolina - City Manager - 2005 Jacksonville, North Carolina - City Manager - 1998 Jersey City, New Jersey - Assistant Business Manager (Technology Agent) – 1973 Johns Creek, Georgia – City Manager - 2006 Johnson City, Tennessee - City Manager - 2005 Joplin, Missouri - City Manager - 2004 Kent, Ohio - City Manager - 2005 Kent, Ohio - City Manager - 1997 Kettering, Ohio - Assistant City Manager (Technology Agent) - 1973 Kingsport, Tennessee - City Manager -1999 Lakeland, Florida - City Manager - 2003 Lakeland, Florida - Assistant to the City Manager - 2004 *Lakeport, California - City Manager - 2001 Laurinburg, North Carolina - City Manager - 1999 Lapeer, Michigan - City Manager - 2002 League City, Texas - City Administrator – 2004 Liberty, Texas – City Manager - 2007 *Livermore, California - City Manager - 2000 *Livermore, California - Assistant City Manager - 2001 Longboat Key, Florida - Town Manager - 1993 Longboat Key, Florida - Town Manager - 1997 Longboat Key, Florida - Assistant Town Manager - 1996 *Los Altos, California - City Manager - 1998 Los Angeles, California - Chief Legislative Analyst - 2005 Louisville, Ohio - City Manager - 2001 Lower Merion Township, Pennsylvania - Assistant City Manager (Technology Agent) - 1973 Town Council 61 of 333 Meeting Date: April 26, 2010 Manistee, Michigan - City Manager – 2001 Marco Island, Florida – City Manager – 2008 Martinsville, Virginia - City Manager - 2004 Mason, Ohio - City Manager - 2006 Matthews, North Carolina - Town Manager – 2002 McAlester, Oklahoma – City Manager - 2006 McKinney, Texas - Assistant City Manager - 2006 Melbourne, Florida - City Manager - 2002 Middletown, Ohio - City Manager - 1984 Middletown, Pennsylvania - Borough Manager - 2001 *Mill Valley, California - City Manager - 1999 Minneapolis, Minnesota - Assistant City Coordinator (Technology Agent) - 1973 Minnetonka, Minnesota - City Manager - 2000 Minster, Ohio - Village Administrator – 1986 Monmouth, Illinois – City Administrator - 2007 Monroe, Michigan - City Manager - 1992 Montgomery, Illinois - Village Manager - 2000 *Morgan Hill, California - City Manager - 1996 Mound, Minnesota - City Manager – 2000 Mount Holly, North Carolina – City Manager - 2007 Naples, Florida - City Manager - 2007 Naples, Florida - City Manager - 2003 Negaunee, Michigan - City Manager - 2004 Newport News, Virginia - City Manager - 2005 Norfolk, Virginia - City Manager - 1999 North Miami, Florida - City Manager - 2002 Northglenn, Colorado - City Manager - 2001 Northville Township, Michigan - Township Administrator - 1999 North Myrtle Beach, South Carolina - City Manager - 2003 North Myrtle Beach, South Carolina - City Manager - 1997 North Port, Florida - Assistant City Manager (Limited scope search) - 2003 North Port, Florida - Assistant City Manager (Limited scope search) - 2002 *Novato, California - Assistant City Manager - 2002 Oak Ridge, Tennessee - City Manager - 2003 Oklahoma City, Oklahoma - Assistant City Manager (Technology Agent) - 1973 Oklahoma City, Oklahoma - City Manager - 1986 Orlando, Florida - Chief Administrative Officer – 2005 Oxford, Ohio – City Manager - 2007 *Oxnard, California - City Manager - 1997 Parker, Colorado - Town Administrator - 2005 Pasadena, California - Assistant City Manager (Technology Agent) - 1973 Payson, Arizona - Town Manager - 2002 *Petaluma, California - City Manager - 1996 Phoenix, Arizona - City Manager - 1989 Piqua, Ohio - City Manager - 2005 Plainview, Texas - City Manager - 2003 Ponce Inlet, Florida - Town Manager - 2001 Port Huron, Michigan - City Manager - 1997 Portsmouth, Virginia - City Manager – 2000 Powder Springs, Georgia – City Manager - 2006 Prairie Village, Kansas – City Administrator - 2007 Pueblo, Colorado - Assistant City Manager (Technology Agent) - 1973 Punta Gorda, Florida - City Manager - 1995 Punta Gorda, Florida - City Manager - 1998 Punta Gorda, Florida - City Manager - 2004 Raleigh, North Carolina - Assistant to the City Manager - 1971 Raleigh, North Carolina - City Manager - 2000 Reading, Pennsylvania - Managing Director - 2003 *Reno, Nevada - City Manager 1995 Richland, Washington - City Manager - 1998 Town Council 62 of 333 Meeting Date: April 26, 2010 Richland, Washington - City Manager (Limited scope search) – 2000 Richland, Washington - City Manager - 2007 Richmond, Michigan - City Manager - 1998 Rio Rancho, New Mexico - City Administrator - 2003 Roanoke, Virginia - City Manager - 1999 Rock Hill, South Carolina - City Manager - 2001 Rock Hill, South Carolina - City Manager - 1993 Rockville, Maryland - City Manager - 1998 Sandy Springs, Georgia - City Manager - 2005 St. Pete Beach, Florida - City Manager - 2001 St. Petersburg, Florida - Assistant City Manager (Technology Agent) - 1973 St. Petersburg, Florida - Deputy City Manager Public Works - 1988 San Diego, California - Deputy City Manager - 1988 *San Diego, California - Assistant City Manager - 2000 San Jose, California - Assistant City Manager (Technology Agent) - 1973 *San Rafael, California - City Manager - 1996 *Santa Rosa, California - City Manager - 2000 Sarasota, Florida - City Manager - 2007 Sarasota, Florida - City Manager - 1986 *Saratoga, California - City Manager - 1997 Saratoga, California - City Manager - 2000 Savannah, Georgia - City Manager - 1994 Sioux City, Iowa - Assistant City Manager (Technology Agent) – 1973 Snellville, Georgia – City Manager - 2008 *Solana Beach, California - City Manager - 2002 South Brunswick Township, New Jersey - Township Administrator - 1987 South Haven, Michigan - City Manager - 1999 Southlake, Texas - Assistant City Manager - 2005 South Miami, Florida - City Manager - 2003 Southfield, Michigan - City Administrator - 1999 Sparks, Nevada - City Manager - 1989 Spartanburg, South Carolina - City Manager - 1984 Spartanburg, South Carolina - City Manager - 1995 Spartanburg, South Carolina - City Manager - 2001 Suffolk, Virginia - City Manager - 2002 Sun N” Lake Sebring Improvement District, Florida - General Manager - 2006 Sun N” Lake Sebring Improvement District, Florida - General Manager - 2004 Sun N” Lake Sebring Improvement District, Florida - General Manager - 2002 Sunrise, Florida - City Manager – 1989 Superior, Colorado – Town Manager - 2006 Swartz Creek, Michigan - City Manager - 2000 Takoma Park, Maryland - City Manager - 2004 Talladega, Alabama - City Manager – 2003 Talladega, Alabama - City Manager - 2008 Tallahassee, Florida - City Manager - 1994 Temple, Texas, City Manager - 2004 *The Sea Ranch - Community Manager - 2002 *Tiburon, California - City Manager - 2000 Tifton, Georgia - City Manager – 2007 Tifton, Georgia - City Manager – 1996 Tipp City, Ohio – City Manager - 2008 Topeka, Kansas - Assistant to the Mayor (Technology Agent) - 1973 Topeka, Kansas - Chief Administrative Officer - 2002 *Tracy, California - Deputy City Manager - 1999 Traverse City, Michigan - City Manager - 1987 Treasure Island, Florida - City Manager - 2004 Town Council 63 of 333 Meeting Date: April 26, 2010 Treasure Island, Florida - City Manager - 1996 Tucson, Arizona - City Manager - 2004 Tucson, Arizona - Assistant City Manager (Technology Agent) - 1973 *Union City, California - City Manager – 1995 Union City, Georgia – City Administrator - 2007 University City, Missouri - City Manager - 2005 Vero Beach, Florida - City Manager - 2004 Virginia Beach, Virginia - City Manager - 1991 Virginia Beach, Virginia - Deputy City Manager - 1987 West Hartford, Connecticut - Assistant City Manager (Technology Agent) - 1973 Westminster, Colorado - City Manager - 2000 Westminster, Maryland - City Administrator - 2006 West Palm Beach, Florida - City Manager – 1988 Westerville, Ohio – City Manager - 2007 White House, Tennessee - City Administrator - 2005 Wichita Falls, Texas - City Manager - 2005 Wilmington, North Carolina - City Manager - 2002 Wilmington, North Carolina - Deputy City Manager - 2003 Wilson, North Carolina - City Manager - 2004 Winter Haven, Florida - City Manager - 1986 Winter Haven, Florida - City Manager - 2001 Worcester, Massachusetts - Assistant City Manager (Technology Agent) – 1973 Woodstock, Georgia – City Manager - 2008 Worcester, Massachusetts - City Manager - 1993 Worthington, Minnesota - City Manager – 1988 Worthington, Ohio - City Manager - 2007 Wylie, Texas - City Manager - 2004 York, Pennsylvania - Business Administrator & Assistant Solicitor - 2000 County Managers/Administrators Alachua County, Florida - County Manager - 1999 Alachua County, Florida - County Manager - 1984 Arapahoe County, Colorado - County Administrator - 1999 Athens/Clarke County Unified Government, Georgia - Manager - 1995 Athens/Clarke County Unified Government, Georgia - Manager - 2001 Beaufort County, South Carolina - County Administrator - 1992 Broward County, Florida - Assistant to the County Administrator for Affordable Housing - 2004 Charleston County, South Carolina - County Administrator - 2006 Charleston County, South Carolina - County Administrator - 1998 Charlotte County, Florida - County Administrator - 2002 Charlotte County, Florida - County Administrator - 1995 Chesterfield County, Virginia - County Administrator - 1983 Clarke County, Georgia - County Administrator - 1984 Collier County, Florida - County Administrator (Limited scope search) - 2000 DeSoto County, Florida - County Administrator - 2005 Fairfax County, Virginia - County Executive - 1980 Grady County, Georgia - County Administrator (Limited scope search) - 1999 Gwinnett County, Georgia - County Manager - 1987 Gwinnett County, Georgia - Executive Assistant to the Board - 1985 Hamilton County, Ohio - County Administrator - 2005 Henrico County, Virginia - Assistant County Manager (Technology Agent) - 1973 Henry County, Georgia - County Administrator - 1984 Hernando County, Florida - County Administrator - 2000 Hillsborough County, Florida - Deputy County Administrator - 2004 Hillsborough County, Florida - Assistant County Administrator for Human Services – 2004 Town Council 64 of 333 Meeting Date: April 26, 2010 Hillsborough County, Florida - County Administrator - 1986 Incorporated County of Los Alamos, New Mexico - County Administrator - 1998 Indian River County, Florida - County Administrator - 1987 Jefferson Parish, Louisiana - Assistant to the Parish President (Technology Agent) - 1973 Johnson County, Kansas - County Administrator - 1998 Lee County, Virginia - County Administrator - 1991 Leon County, Florida - County Administrator - 1989 Leon County, Florida - Assistant County Administrator - 1989 Los Alamos County, New Mexico - County Administrator - 2003 Los Alamos County, New Mexico - County Administrator - 1999 Lowndes County, Georgia - County Manager - 2001 Manatee County, Florida - County Administrator - 1984 Manatee County, Florida - County Administrator – 1993 Martin County, Florida – Assistant County Administrator - 2007 Nashville/Davidson County , Tennessee - Assistant to the Mayor (Technology Agent) - 1973 Northampton County, Virginia - County Administrator - 1999 *Nye County, Nevada - County Manager - 1998 Orange County, North Carolina - County Manager - 2006 Orange County, North Carolina - County Manager - 1987 Osceola County, Florida - County Administrator - 2003 Palm Beach County, Florida - County Administrator - 1985 Polk County, Florida - County Administrator - 1989 Prince William County, Virginia - County Executive - 1990 Ramsey County, Minnesota - County Manager - 1999 Richland County, South Carolina - County Administrator - 2006 St. Louis County, Minnesota - County Administrator - 1987 Santa Rosa County, Florida - County Administrator - 1988 Spartanburg County, South Carolina - County Administrator - 1999 Stafford County, Virginia - County Administrator - 2002 Summit County, Colorado - County Manager – 2007 Summit County, Colorado - County Manager - 2001 Sumter County, Florida - County Administrator - 2005 Union County, North Carolina - County Manager - 2008 Union County, North Carolina - County Manager – 2001 Volusia County, Florida - County Manager - 1995 Wise County, Virginia - County Administrator - 2001 Airports Bangor International Airport, Maine - Airport Director - 2001 Dayton, Ohio - Aviation Director - 2005 Lubbock, Texas - Airport Director - 2003 Rhode Island Airport Corporation - Senior Vice President for Planning, Engineering and Environmental - 2006 San Antonio, Texas - Aviation Director - 2005 Virginia Peninsula Airport Commission - Executive Director - 1983 Attorneys/Legal Ann Arbor, Michigan - City Attorney (Limited scope search) - 1995 *Benecia, California - City Attorney - 1996 Boulder, Colorado - City Attorney - 2003 Broomfield City and County, Colorado - City Attorney - 2004 *Carlsbad, California - Deputy City Attorney - 2001 Town Council 65 of 333 Meeting Date: April 26, 2010 Cuyahoga Metropolitan Housing Authority - General Counsel (Limited scope search) - 1998 Cuyahoga Metropolitan Housing Authority - Labor/Management Attorney (Limited scope search) - 1998 *Danville, California - Town Attorney - 1995 Glendale, Arizona - City Attorney (Limited scope search) - 2000 Glendale, Arizona - City Attorney - 2004 *Livermore, California - City Attorney - 2000 Livermore, California - Assistant City Attorney - 2001 Livermore, California - Deputy City Attorney - 2000 Monroe, North Carolina - City Attorney - 2001 Newport News, Virginia - City Attorney - 1995 *Simi Valley, California - City Attorney - 1997 Thornton, Colorado - City Attorney - 1987 Thornton, Colorado - City Attorney - 1990 Tucson, Arizona - City Attorney - 2004 *Vacaville, California - City Attorney - 2001 Virginia Beach, Virginia - City Attorney - 1989 York, Pennsylvania - Business Administrator & Assistant Solicitor - 2000 Board of Directors Board of Advisors, Georgia Tech Research Institute, Three Members Boards of Directors, two management consulting firms, All Members Budget/Finance Angel Fire, New Mexico - Director of Finance (Limited scope search) – 2003 Angel Fire, New Mexico - Director of Finance - 2008 Arlington County, Virginia - Director of Management and Finance - 1999 Brazos River Authority - Finance Director (Limited scope search) – 1999 Cape Coral, Florida – Controller - 2007 Charlottesville, Virginia - Finance Director (Limited scope search) - 1988 DeKalb County, Georgia - Finance Director – 1995 District of Columbia Government - Chief Financial Officer - 1999 District of Columbia Government - Inspector General – 1999 Downers Grove, Illinois – Finance Director - 2007 Eloy, Arizona - Finance Director - 2000 Fayetteville, Arkansas - Finance Director - 2006 Flint, Michigan - Finance Director - 2001 Glastonbury, Connecticut - Controller (Limited scope search) - 2002 Grand Ledge, Michigan - Finance Director/Treasurer - 1999 Hanover Park, Illinois - Finance Director - 1998 Hanover Park, Illinois - Finance Director - 2002 Hartford, Connecticut - Finance Director -2001 Hillsborough Area Regional Transit, Florida - Chief Financial Officer - 2005 Homestead, Florida - Finance Director - 1997 Indian Rocks Beach, Florida - Treasurer\Finance Director (Limited scope search) - 1995 *Lake Arrowhead Community Services District - F.D. - Finance Director/District Engineer - 2000 Londoun County, Virginia - Director of Management and Financial Services - 2004 Lowndes County, Georgia - Director of Administrative Services – 1996 Martin County, Florida – Administrative Services Director - 2007 McAlester, Oklahoma – Finance Director - 2007 Montgomery County, Maryland - Director, Office of Management and Budget - 2002 Montgomery Village, Illinois - Finance Director - 2001 *Morgan Hill, California - Budget Analyst - 1999 Town Council 66 of 333 Meeting Date: April 26, 2010 Norfolk, Virginia - Finance Director – 1995 Norfolk, Virginia - Assistant Finance Director - 1997 Northglenn, Colorado - Finance Director – 2002 Orlando, Florida – Budget Division Manager – 2007 Orlando, Florida - Controller – 2007 Orlando, Florida - Chief Financial Officer - 2005 Orlando, Florida - Deputy Director of Management, Budget and Accounting - 2004 Orlando, Florida - Budget Director – 2003 Palm Beach County, Florida - Director of Financial Management and Budget - 1986 Palm Beach County, Florida - Assistant Director of Financial Management and Budget for Budget - 1986 Palm Beach County, Florida - Assistant Director of Financial Management and Budget for Financial Analysis – 1986 Peoria, Arizona – Financial Services Manager - 2007 Peoria, Arizona – Revenue Manager - 2007 *Pleasanton, California - Revenue Manager - 2001 Port Huron, Michigan - Finance Director - 1996 Portsmouth, Virginia - Finance Director - 1997 Portsmouth, Virginia - Finance Director (Limited scope search) - 1999 Prince George’s County, Maryland - Budget Director - 2003 *Reno, Nevada - Assistant Finance Director - 2002 Roanoke, Virginia - Manager of Accounting Services - 2004 Rochester Hills, Michigan - Treasurer - 1996 *San Bruno, California - Finance Director - 1999 Severn Trent Management Services Group, Florida - Director of Fiscal Services - 2005 Tucson, Arizona - Director of Budget and Research - 2004 Virginia Beach, Virginia - Chief Financial Officer - 2000 West Palm Beach , Florida – Finance Director - 2007 Building Camden, New Jersey - Director of Code Enforcement - 2001 Glastonbury, Connecticut - Director of Infrastructure and Building Services - 2001 Norfolk, Virginia - Director of City Planning and Codes Administration - 1996 Palm Beach County, Florida - Director of Planning, Building and Zoning - 1988 Sarasota County, Florida - Chief Building Officer - 1988 Tempe, Arizona - Development Services Director - 1996 Yuma, Arizona - Development Engineering Manager - 2000 Yuma, Arizona - Development Engineer - 2000 City Clerk Bellaire, Texas - City Clerk (Limited scope search) - 1997 Bloomfield Hills, Michigan - City Clerk - 2001 Raleigh, North Carolina - City Clerk - 1972 Communications Boulder, Colorado - Communications Center Manager - 2004 Champaign, Illinois - METCAD Director - 2004 Charlottesville, Virginia - Communications Director (Limited scope search) - 1999 Cuyahoga Metropolitan Housing Authority - Director of Communications (Limited scope search) - 1998 Denver, Colorado - South Metro Fire & Rescue Communication Center Director - 2006 Gainesville Regional Utilities (Florida) - GRU Communications Director – 1999 Hanover Park, Illinois – Chief Information Office - 2007 *Humboldt County, California - Communications Manager - 1995 Raleigh, North Carolina - Public Information Officer - 1972 Raleigh, North Carolina - Emergency Communications Director - 1972 Town Council 67 of 333 Meeting Date: April 26, 2010 Rochester, New York - Director of Communications - 1999 San Antonio Water System, Texas - Vice President for Communications - 2005 Spartanburg County, South Carolina - Communications Director - 1997 Thornton, Colorado - Public Information Officer - 1989 Trumbull County, Ohio - 911 Director - 2005 West Des Moines, Iowa - Manager, Westcom - 2003 Yuma, Arizona - Assistant Director of ITS/Telecommunications - 1999 Community Relations Raleigh, North Carolina - Community Relations Director - 1971 Condominium Associations Maisons-Sur-Mer Condominium Association, Inc., Myrtle Beach, South Carolina - Manager - 2005 Conservation Districts Des Moines, Iowa - Director, Polk County Conservation Commission - 2004 Convention/Tourism/Sports Complexes Galena/Jo Daviess County, Illinois - Executive Director of Convention & Visitors Bureau - 2001 Lakeland, Florida - Lakeland Center Director - 2004 Orlando, Florida - Centroplex Director - 2004 Vail, Colorado - Vail Valley Chamber & Tourism Bureau President/CEO - 2005 Cultural Services Hillsborough County, Florida - Director, Division of Cultural Services - 1988 Jackson, Michigan - Executive Director, Michigan Theater, Inc. - 1998 Jackson County Community Foundation, Michigan - President/CEO - 2002 Virginia Air and Space Center and Hampton Roads History Center - Executive Director - 1993 Economic Development Adams County Economic Development, Colorado - President/CEO - 2001 Allegany County, Maryland - Economic Development Director - 2000 Allegany County, Maryland - Economic Development Assistant Director - 2005 Arvada Economic Development Alliance - Executive Director - 1998 Arvada Urban Renewal Authority - Executive Director - 1998 Avondale, Arizona - Economic Development Director - 2001 Bangor, Maine - Economic & Business Development Director - 2001 Big Sky Economic Development Authority, Billings, Montana - Executive Director – 2002 Big Sky Economic Development Authority, Billings, Montana - Executive Director - 2008 Camden, New Jersey - Director of Economic Development – 2001 Champaign County Regional Planning Commission, Illinois – Executive Director - 2007 Charlotte, North Carolina - Director of Neighborhood Development (Limited scope search) – 1996 Charlotte County, Florida – Community Development Director - 2007 Charlotte County, Florida – Economic Development Director - 2007 Charlottesville, Virginia - Economic Development Director - 1998 Chesapeake Redevelopment & Housing Authority - Executive Director - 1998 Clermont County Economic Development Corporation, Battavia, Ohio - Economic Development Director - 2004 Coliseum Central Business Improvement District, Hampton, Virginia - Executive Director – 2007 Coliseum Central Business Improvement District, Hampton, Virginia - Executive Director - 2001 College Station, Texas - Director of Planning & Development Services - 2006 Town Council 68 of 333 Meeting Date: April 26, 2010 Columbia, South Carolina - Executive Director, Columbia Development Corporation - 1989 Community Redevelopment Agency of Delray Beach, Florida - Executive Director - 2000 Daytona Beach, Florida - Redevelopment Director - 2006 Daytona Beach, Florida - Development Services Director - 2005 Enid/Garfield County Development Alliance, Inc., Oklahoma - Executive Director - 1998 Fort Lauderdale, Florida - Director of Economic Development (Limited scope search) - 2000 Ft. Lauderdale, Florida - Director of Planning & Development - 1987 Ft. Lauderdale, Florida - Director of Planning & Economic Development - 1998 Ft. Lauderdale, Florida - Community Redevelopment Authority - Executive Director (Limited scope search) - 1999 Grand Ledge, Michigan - Director of Community Development - 1999 *Greater Antelope Valley Economic Alliance - Executive Director - 1998 Hanover Park, Illinois - Community Development Director - 2002 *Henderson, Nevada - Economic Development Manager - 1998 Henry County, Virginia - Director, Office of Commerce - 2001 Homebuilders Association of Greater Spartanburg, South Carolina - Executive Director - 1998 Homestead, Florida - Executive Director, Community Redevelopment Association -1997 Jackson, Michigan - Economic Development Director/Assistant City Manager - 1996 Jackson, Michigan - President, The Enterprise Group - 1997 Jackson, Michigan – President & CEO, Regional Economic Development -The Enterprise Group - 2007 Largo, Florida - Assistant Director of Community Development – 2003 Leawood, Kansas – Community Development Director - 2008 *Livermore, California - Economic Development Manager - 2001 Los Alamos County, New Mexico - Community Development Director (Limited scope search) -2003 Melbourne, Florida - Economic Development Director (Limited scope search) - 2003 Mesquite, Texas - Director of Development Services (Limited scope search) - 2003 Millinocket Area Growth and Investment Council, Maine - Executive Director (Limited scope search) - 2001 Norfolk, Virginia - Director of Development - 1996 Norfolk Redevelopment and Housing Authority - Executive Director - 2001 Norfolk Redevelopment and Housing Authority - Deputy Executive Director - 2000 *Novato, California - Redevelopment Administrator – 2000 Oakland Park, Florida – Community Developemtn Director - 2007 Orange Beach, Alabama - Director of Community Development - 2002 Partnership for Greater Greenwood County, South Carolina - Chief Executive Officer - 2003 Peninsula Economic Development Alliance, Virginia - President/CEO - 1998 Pensacola-Escambia Development Commission, Florida - Executive Director - 1980 Pensacola, Florida - Downtown Redevelopment Director - 1981 Portsmouth, Virginia Redevelopment and Housing Authority - Executive Director - 1985 Punta Gorda, Florida - Community Redevelopment Agency - Executive Director - 1995 Punta Gorda, Florida - Community Redevelopment Agency - Executive Director - 1988 Raleigh, North Carolina Civic Center Authority - Executive Director - 1973 Regional Redevelopment and Housing Authority for Hampton and Newport News, Virginia - Executive Director - 1985 *Reno, Nevada - Economic Development Manager - 2000 *Reno, Nevada - Redevelopment Administrator - 1998 *Reno, Nevada - Redevelopment Administrator - 2000 Rio Rancho, New Mexico - Director of City Development - 2003 *San Luis Obispo, California - Economic Development Manager - 1996 *San Mateo, California - Economic Development Manager - 1995 Sault Saint Marie, Michigan - Downtown Development Director - 2002 Tempe, Arizona - Development Services Director - 1996 Tri-City Industrial Development Council, Washington - President/CEO - 1998 Virginia Peninsula Airport Commission - Executive Director - 1983 Virginia Peninsula Economic Development Council, Inc. - Executive Director - 1983 Wayne County Economic Development Commission, North Carolina - President/Chief Operating Officer - 2000 West Palm Beach, Florida – Director of Housing and Community Development - 2007 West Palm Beach Downtown Development Authority - Executive Director - 1987 Town Council 69 of 333 Meeting Date: April 26, 2010 Emergency Services Orange County, North Carolina – Emergency Services Director - 2007 General Services *Camarillo, California - Director of Administration - 1998 Los Angeles, California - General Manager, General Services Department - 2000 Lowndes County, Georgia - Director of Administrative Services - 1996 *Pleasanton, California - Support Services Superintendent - 1998 *Pleasanton, California - Support Services Superintendent - 2000 *San Rafael, California - Director of Administrative Services - 1996 Sarasota County, Florida - Central Services Director - 1988 Tucson, Arizona - Director of General Services - 2004 Health Care Cincinnati Board of Health, Ohio - Health Commissioner - 2005 *Coachella Valley Mosquito & Vector Control District - General Manager - 1998 State of Delaware - Director, Division for the Visually Impaired – 1996 Northern Kentucky Independent District Health Department, Kentucky – District Director of Health - 2007 Palm Beach County Health Care District, Florida - Administrator - 1988 Riverside Community Hospital - Administrator - 1980 San Antonio, Texas - Assistant Public Health Director – 2006 Union County, North Carolina – Health Director - 2007 *Washoe County, Nevada, District Health Department - Health Officer - 1999 Housing and Housing Authorities Arvada Urban Renewal Authority - Executive Director - 1998 Chattanooga Housing Authority - Executive Director - 2001 Charlotte, North Carolina - Director of Neighborhood Development (Limited scope search) - 1966 Charlottesville Redevelopment and Housing Authority (Virginia) - Executive Director (Limited scope search) - 1999 Chesapeake Redevelopment & Housing Authority - Executive Director - 1998 Cuyahoga Metropolitan Housing Authority - Vice President, Administrative Services - 1998 Cuyahoga Metropolitan Housing Authority - Vice President, Customer Service Administration - 1998 Cuyahoga Metropolitan Housing Authority - Vice President of Neighborhood and Housing Development - 1998 Cuyahoga Metropolitan Housing Authority - Director of Section 8 - 1998 Cuyahoga Metropolitan Housing Authority - General Counsel (Limited scope search) - 1998 Cuyahoga Metropolitan Housing Authority - Labor/Management Attorney (Limited scope search) - 1998 Cuyahoga Metropolitan Housing Authority - Director of Communications (Limited scope search) - 1998 Dallas, Texas - Director of Housing - 1994 Decatur Housing Authority, Illinois - Executive Director - 2002 Ithaca Housing Authority, New York - Executive Director - 1993 Kansas City, Missouri - Housing Administrator - 2004 *Morgan Hill, California - Director of Business Assistance & Housing Services - 1997 Norfolk Redevelopment & Housing Authority, Virginia - Deputy Executive Director - 2000 Norfolk Redevelopment & Housing Authority, Virginia - Executive Director - 2001 Portsmouth, Virginia, Redevelopment and Housing Authority - Executive Director -1985 Regional Redevelopment and Housing Authority for Hampton and Newport News, Virginia - Executive Director - 1985 Richmond Redevelopment and Housing Authority - Director of Housing Operations - 2000 Spartanburg, South Carolina - Housing Authority - Executive Director - 1992 Spartanburg, South Carolina - Housing Authority - Executive Director - 2001 Spartanburg, South Carolina - Housing Authority - Deputy Executive Director - 1994 Spartanburg, South Carolina - Housing Authority - Deputy Executive Director - 1995 Spartanburg, South Carolina - Housing Authority - Deputy Executive Director - 2000 Town Council 70 of 333 Meeting Date: April 26, 2010 Spartanburg, South Carolina - Housing Authority - Director of Maintenance - 1994 Topeka, Kansas- Director of Housing & Neighborhood Development - 2002 Human Resources *Alameda County, California - Assistant General Manager, Diversity Programs - 1995 Brazos River Authority, Texas - Director of Human Resources - 2000 *Commerce, California - Human Resource Director - 1998 *Contra Costa County, California - Personnel Officer - Health Services Department - 1998 Decatur, Georgia - Personnel Administrator - 2002 El Paso, Texas - Human Resources Director - 2005 El Paso, Texas - Human Resources Assistant Director - 2007 *Foster City, California - Human Resource Director - 2001 Glendale, Arizona - Human Resources Director - 2004 *Henderson, Nevada - Human Resource Director - 1997 Homestead, Florida - Director of Human Resources - 1997 Howell, Michigan - Human Resources Director - 2004 Huber Heights, Ohio - Human Resources Manager - 2002 Kansas City, Missouri - Human Relations Administrator Lakeland, Florida – Retirement Services Director – 2006 Littleton, Colorado – Human Resource Manager - 2007 Los Alamos National Laboratory - Human Resource Positions - 2003 Los Alamos, New Mexico - Human Resources Manager - 2003 *Mendocino County, California - Personnel Director -1998 Midland, Michigan - Director of Personnel/Labor Relations - 1996 Norfolk, Virginia - Director of Human Resources - 1997 Norfolk, Virginia - Director of Human Resources - 1988 North Port, Florida - Human Resources Manager (Limited scope search) - 2002 *Pasadena, California - Human Resource Director - 2000 *Pasadena, California - Sr. Human Resources Analyst - Pay and Classification - 1995 *Pleasanton, California - Human Resource Director - 2000 *Pleasanton, California - Personnel Analyst I - 1997 Portsmouth, Virginia - Human Resources Director - 1998 Raleigh, North Carolina - Personnel Director - 1972 *Reno, Nevada - Sr. Management Analyst - 1999 *Reno, Nevada - Sr. Management Analyst - 1995 Sarasota, Florida - Human Resources Director - 2002 Sarasota, Florida - Director of Human Resources - 1986 Spartanburg, South Carolina Commission of Public Works/Sanitary Sewer District -Personnel Director - 1987 *Tracy, California - Human Resource Director - 2001 Tucson, Arizona - Human Resources Director - 2005 Virginia Beach, Virginia - Director of Human Resources - 1987 Human Services Atlanta/Fulton Community Action Authority, Georgia - Executive Director - 1991 Children's Board of Hillsborough County, Florida - Executive Director - 1989 Children's Services Council of Palm Beach County, Florida - Executive Director - 1987 Contra Costa County, California - Personnel Officer, Health Services Department Mesa County, Colorado – Director of Human Services - 2007 Montgomery County, Ohio – Director of Job and Family Services - 2007 State of Delaware - Director, Division for the Visually Impaired - 1996 State of South Carolina - Director, Division of Health and Human Services - 1989 Washoe County, Nevada - Health Officer, Nevada District Health Department Information Systems Town Council 71 of 333 Meeting Date: April 26, 2010 *Alameda County, California - Cable TV Analyst - 1995 California Polytechnic State University, San Luis Obispo - Information Systems Assistant Professors (2) - 1988 Centers for Disease Control Federal Credit Union - Vice President for MIS - 1990 Charleston County, South Carolina - Chief Information Officer - 2000 Chesapeake, Virginia - Director of Information Technology - 2000 Columbia, South Carolina - Director of Information Technology - 2000 Fort Lauderdale, Florida - Director of Computer Applications - 1987 Garland, Texas - Chief Information Officer - 2006 Genesee County Road Commission, Flint, Michigan - Data Systems Manager - 2001 Jacksonville, Florida - Chief, Information Technology - 1999 Lakeland, Florida - Information Technology Director - 2004 North Port, Florida - Information Technology Manager (Limited scope search) - 2002 *Pleasanton, California - Information Services Manager - 1999 Sarasota County, Florida - Director of Management Information Systems - 1987 Sunrise, Florida - Management Information Services Director – 2000 Technical Research Data Authority, Florida – Executive Director - 2007 Tucson, Arizona - Chief Information Officer - 2005 Yuma, Arizona - Assistant Director of ITS/Business Applications - 2000 Yuma, Arizona - Assistant Director of ITS/Telecommunications - 2000 Library Director Calcasieu Parish Library System, Louisiana - Library Director - 2002 *Pleasanton, California - Library Director - 2002 *Pleasanton, California - Library Services Manager - 1999 Ramsey County Public Library, Minnesota - Director (Limited scope search) - 2000 *Redwood City, California - Library Director - 1997 Spartanburg County Public Library, South Carolina - County Librarian - 1999 Manpower Raleigh, North Carolina - Manpower Program Coordinator - 1971 Municipal Leagues Michigan Municipal League, Ann Arbor, Michigan - Executive Director - 2004 Colorado Municipal League, Denver, Colorado - Business Manager - 2005 Non-Profit Agencies United Way of Benton and Franklin Counties, Washington - President and Chief Executive Officer - 2000 Parking *West Hollywood, California - Parking Manager - 2002 Parks & Recreation Charleston County Park & Recreation Commission, South Carolina - Executive Director - 2000 Des Moines, Iowa - Director, Polk County Conservation Commission - 2004 Edmond, Oklahoma - Parks and Recreation Director (Limited scope search) - 2003 Ft. Lauderdale, Florida - Director of Parks and Recreation - 2000 Great Falls, Montana - Parks and Recreation Director - 2005 *Henderson, Nevada - Parks and Recreation Director - 2002 Hillsborough County, Florida - Director of Parks, Recreation and Conservation – 2005 Town Council 72 of 333 Meeting Date: April 26, 2010 Jackson County, Missouri – Director of Parks and Recreation - 2007 McKinney, Texas - Parks and Recreation Director - 2006 Polk County Conservation Commission, Iowa - Director - 2004 *Reno, Nevada - Parks and Recreation Director - 1999 *San Carlos, California - Parks and Recreation Director - 2000 *San Diego, California - Parks and Recreation Director - 2000 *Tracy, California - Parks and Recreation Director - 2000 Planning/Community Development Avondale, Arizona - Development Services Director - 2002 Camden, New Jersey - Director of Planning and Community Development - 2001 *Carlsbad, California - Community Development Director - 2001 Charlotte, North Carolina - Director of Neighborhood Development (Limited scope search) - 1996 Charlottesville, Virginia - Neighborhood Services Director - 1999 Chatham County-Savannah Metropolitan Planning Commission, Georgia - Executive Director - 2003 Chesapeake, Virginia - Planning Director - 1986 Clearwater, Florida - Director of Development Services (Limited scope search) - 1998 Clearwater, Florida - Planning Director - 1977 *Cloverdale, California - Community Development Director – 2001 Coastal Georgia Regional Development Center, Brunswick, Georgia – Executive Director - 2007 College Station, Texas - Director of Planning and Development Services - 2006 Community Redevelopment Agency of Delray Beach, Florida - Executive Director - 2000 Daytona Beach, Florida - Development Services Director – 2005 Daytona Beach, Florida – Planning Administrator - 2007 Daytona Beach, Florida – Planning Director - 2007 Ft. Lauderdale, Florida - Director of Planning & Development - 1998 Ft. Lauderdale, Florida - Director of Planning & Economic Development - 1987 Gaithersburg, Maryland - Planning Director - 2006 Grand Ledge, Michigan - Director of Community Development - 1999 Hanover Park, Illinois - Community Development Director - 2002 Hillsborough County, Florida City-County Planning Commission - Executive Director - 1986 Homestead, Florida - Executive Director, Community Redevelopment Association - 1997 Huber Heights, Ohio - Planning and Community Development Director - 2004 *Irvine, California - Community Development Director - 1997 Jacksonville, Florida - Chief of Comprehensive Planning – 1999 Kansas City, Missouri - Director of City Planning and Development - 2006 Kansas City, Missouri - Director of City Planning and Development - 2004 Largo, Florida - Assistant Director of Community Development - 2003 *Livermore, California - Planning Manager - 2000 Los Alamos, New Mexico - Community Development Director (Limited scope search) - 2003 *Los Gatos, California - Community Development Director - 1999 Melbourne, Florida - Director of Planning (Limited scope search) - 2003 Mesquite, Texas - Director of Development Services (Limited scope search) - 2003 Norfolk, Virginia - Director of City Planning and Codes Administration - 1996 Palm Beach County, Florida - Director of Planning, Building and Zoning - 1988 Peninsula Transportation District Commission (Virginia) - Director of Planning - 1999 Polk County, Florida - Land Development Engineer - 2006 Prince William County, Virginia - Planning Director (Limited scope search) - 2002 Orange Beach, Alabama - Director of Community Development - 2002 Rio Rancho, New Mexico - Director of City Development - 2003 *San Carlos, California - Community Development Director - 2002 *San Mateo, California - Community Development Director - 2002 Scottsdale, Arizona - Planning Systems General Manager - 2000 Taos, New Mexico - Director of Community and Economic Development – 2008 Taos, New Mexico - Planning and Zoning Director (Limited scope search) – 2000 Town Council 73 of 333 Meeting Date: April 26, 2010 Tempe, Arizona - Director of Development Services - 1996 Toledo-Lucas County Plan Commissions, Ohio - Deputy Executive Director-Long Range Planning - 2001 Topeka-Shawnee County, Kansas - Director of Topeka-Shawnee County Metropolitan Planning Department - 2002 *Tracy, California - Planning Manager – 2001 West Des Moines, Iowa – Director of Development Services - 2007 Yuma, Arizona - Development Engineering Manager - 1999 Yuma, Arizona - Development Engineer - 1999 Protected Classes Alachua County, Florida - County Administrator - 1984 Alexandria, Virginia - Director of Real Estate Appraisals - 1993 Ann Arbor, Michigan - City Attorney (Limited scope search) - 1995 Arlington County, Virginia - Director of Management & Finance - 1999 Aspen, Colorado - City Manager - 1989 Atlanta/Fulton Community Action Authority, Georgia - Executive Director - 1991 Austin, Texas - City Manager - 1988 Avondale, Arizona - Utilities Director - 2002 Bangor, Maine - Airport Director - 2001 Bellaire, Texas - City Clerk (Limited scope search) - 1997 Bexar County, Texas - Executive Director, Information Services - 2000 Billings, Montana - Assistant City Administrator - 2003 Brazos River Authority, Texas - Director of Human Resources - 2000 Capital Area Transportation Authority, Lansing, Michigan - Executive Director - 1985 Charlotte, North Carolina - City Manager – 1996 Charlotte, North Carolina - City Manager - 1996 Charlotte County, Florida – Community Development Director - 2007 Charlotte, North Carolina - Director of Neighborhood Development (Limited scope search) - 1996 Charlottesville Redevelopment and Housing Authority (Virginia) - Executive Director - (Limited scope search) - 1999 Chesapeake Redevelopment & Housing Authority - Executive Director - 1998 Children's Services Council of Palm Beach County, Florida - Executive Director - 1987 *Colma, California - City Manager - 1998 Community Redevelopment Agency of Delray Beach, Florida - Executive Director - 2000 Coral Springs, Florida - Assistant City Manager - 2000 Cuyahoga Metropolitan Housing Authority - Director of Communications (Limited scope search) - 1998 Cuyahoga Metropolitan Housing Authority - General Counsel (Limited scope search) - 1998 Cuyahoga Metropolitan Housing Authority - Labor/Management Attorney (Limited scope search) -1998 Cuyahoga Metropolitan Housing Authority - Vice President, Administrative Services - 1998 Cuyahoga Metropolitan Housing Authority - Vice President, Customer Service Administration - 1998 Cuyahoga Metropolitan Housing Authority - Vice President of Neighborhood and Housing Development - 1998 Cuyahoga Metropolitan Housing Authority - Director of Section 8 - 1998 Dallas, Texas - Director of Housing - 1994 Decatur, Georgia - Personnel Administrator - 2002 District of Columbia Government - Chief Financial Officer - 1999 District of Columbia Government - Inspector General - 1999 Durham, North Carolina - City Manager - 2005 East Lansing, Michigan - Chief of Police - 1991 Eloy, Arizona - City Engineer - 2001 El Paso, Texas - City manager - 2004 Fort Lauderdale, Florida - City Manager - 1998 *Foster City, California - Human Resource Director - 2001 Franklin Village, Michigan - Village Administrator - 1998 Glendale, Arizona - Deputy City Manager (2) - 2004 Glendale, Arizona - Human Resources Director - 2004 Greensboro, North Carolina - Assistant City Manager (Limited scope search) - 1996 Town Council 74 of 333 Meeting Date: April 26, 2010 Greensboro, North Carolina - Chief of Police - 1998 Hampton Roads Transit Authority, Virginia - Executive Director (Limited scope search) - 1998 Hampton Roads Transit Authority, Virginia - Director of Planning - 2000 *Henderson, Nevada - Human Resource Director - 1997 Hillsborough County, Florida - Director, Division of Cultural Services - 1988 Homebuilders Association of Greater Spartanburg, South Carolina - Executive Director - 1998 Indian Rocks Beach, Florida - Treasurer (Limited scope search) - 1995 Ithaca Housing Authority, New York - Executive Director - 1993 Jackson, Michigan - Fire Chief - 1997 Jacksonville, Florida - Chief, Information Technology - 1999 Johnson County, Kansas - County Administrator - 1998 *Lake Arrowhead Community Services District - F.D. - Finance Director/District Engineer - 2000 Lakeland, Florida - Assistant City Manager - 2003 Lakeland, Florida - Assistant City Manager – 2000 Laredo, Texas – Police Chief -2008 Largo, Florida - Assistant Director of Community Development - 2004 Leon County, Florida - County Administrator – 1989 Littleton, Colorado – City Attorney - 2008 *Livermore, California - Assistant City Attorney - 2001 *Livermore, California - City Manager - 2000 *Livermore, California - Deputy City Attorney - 2000 Los Alamos County, New Mexico - County Administrator - 2003 Los Alamos County, New Mexico - Utilities Manager - 2003 *Mendocino County, California - Personnel Director -1998 Michigan Theatre, Jackson, Michigan - Executive Director - 1998 Montgomery County, Maryland - Director of Office of Management & Budget - 2003 Montgomery Village, Illinois - Village Manager - 2000 Mound, Minnesota - City Manager - 2000 Norfolk Redevelopment and Housing Authority, Virginia - Executive Director - 2001 Norfolk Redevelopment and Housing Authority, Virginia - Deputy Executive Director - 2000 Norfolk, Virginia - Director of Human Resources - 1988 Norfolk, Virginia - Assistant Director of Human Resources - 1999 Norfolk, Virginia - Chief of Police - 1993 Norfolk, Virginia - City Manager - 1999 Norfolk, Virginia - Director of Human Resources - 1998 Norfolk, Virginia - Finance Director - 1995 Norfolk, Virginia - Solid Waste Superintendent - 2000 Norfolk, Virginia - Assistant City Manager - 1998 North Miami Beach, Florida - City Manager - 2002 Oklahoma City, Oklahoma - City Manager - 1986 Orange Beach, Alabama - Director of Community Development - 2002 Owosso, Michigan - Chief of Police - 2002 Palm Beach County, Florida - Director of Planning, Building and Zoning - 1988 Palm Beach County, Florida - Assistant Director of Financial Management and Budget for Budget - 1986 Palm Beach County Health Care District, Florida - Administrator - 1988 *Pleasanton, California - Library Director - 2002 *Pleasanton, California - Library Services Manager - 1999 Polk County Conservation Board - Executive Director - 2004 Portsmouth, Virginia - Director of Human Resources - 1999 Portsmouth, Virginia - Chief of Police - 1998 Portsmouth, Virginia - Director of Risk Management - 1998 Portsmouth, Virginia School System - Director of Risk Management - 1998 Raleigh, North Carolina - City Clerk - 1972 Raleigh, North Carolina - Community Relations Director - 1971 Raleigh, North Carolina - Assistant to the City Manager - 1971 Ramsey County Public Library, Minnesota - Director (Limited scope search) - 2000 Town Council 75 of 333 Meeting Date: April 26, 2010 Reading, Pennsylvania - Managing Director - 2004 *Redwood City, California - Library Director - 1997 *Reno, Nevada - City Manager - 1995 *Reno, Nevada - Redevelopment Administrator - 1998 Richmond Redevelopment and Housing Authority, Virginia - Director of Housing Operations - 2000 Roanoke, Virginia - City Manager - 1999 San Antonio Water System, San Antonio, Texas - Vice President of Communications and Community Relations - 2005 San Diego, California - Deputy City Manager - 1988 *San Diego, California - Parks and Recreation Director - 2000 *San Diego, California - Assistant City Manager - 2000 San Diego, California - General Manager, San Diego Wastewater Management District - 1988 *San Mateo, California - Chief of Police - 2000 Sarasota, Florida - Director of Human Resources - 1986 Southeastern Public Service Authority, Virginia - 1998 Spartanburg, South Carolina Housing Authority - Deputy Executive Director – 1994 Spartanburg, South Carolina Housing Authority - Executive Director - 1992 Spartanburg, South Carolina Housing Authority - Director of Maintenance - 1994 State of Delaware - Director, Division for the Visually Impaired - 1996 Sun >n Lake of Sebring, Florida - General Manager - 2002 Takoma Park, Maryland - City Manager - 2004 Taos, New Mexico - Town Police Sergeant - 2003 Thornton, Colorado - Public Information Officer - 1989 Tucson, Arizona - Chief Information Officer - 2005 Tucson, Arizona - Human Relations Director - 2005 Virginia Beach, Virginia - Director of Human Resources - 1987 Wayne County Economic Development Commission, North Carolina - President/Chief Operating Officer - 2000 West Des Moines, Iowa - Manager, Westcom - 2003 White House, Tennessee - City Administrator - 2005 Wilmington, North Carolina - City Manager - 2002 Public Safety *Anaheim, California - Chief of Police - 1999 Ann Arbor, Michigan - Fire Chief - 2002 *Barstow, California - Chief of Police - 1998 Belding, Michigan - Chief of Police - 1998 Boulder, Colorado - Communications Center Manager - 2004 Bowie, Maryland - Chief of Police - 2006 Bryan, Texas - Chief of Police - 2003 Camden, New Jersey - Director of Public Safety - 2001 *Carlsbad, California - Chief of Police - 2000 *Carlsbad, California - Fire Chief - 2001 Champaign, Illinois - Fire Chief - 2004 Champaign, Illinois - METCAD Director - 2004 Charter Township of Meridian, Michigan - Chief of Police - 1998 Chesapeake, Virginia - Fire Chief - 1998 Davenport, Iowa - Chief of Police - 2000 Davenport, Iowa - Fire Chief – 2000 Daytona Beach, Florida – Fire Chief - 2006 Des Moines, Iowa – Chief of Police - 2007 Douglas County, Nebraska - Director of County Corrections Center - 2006 Douglas County, Nebraska - Director of County Corrections Center - 2005 Douglas County, Nebraska - Director of County Corrections Center - 2003 East Lansing, Michigan - Chief of Police - 1991 Edmond, Oklahoma - Chief of Police - 2003 Town Council 76 of 333 Meeting Date: April 26, 2010 Eloy, Arizona - Chief of Police - 2000 *El Segundo, California - Fire Chief - 2001 Fredericksburg, Virginia - Chief of Police -2004 Glendale, Arizona - Chief of Police (Limited Scope Search) – 2004 Goodyear, Arizona – Deputy Fire Chief - 2007 Greeley, Colorado - Chief of Police - 2005 *Greenfield, California - Chief of Police - 1997 *Greenfield, California - Chief of Police - 1999 Greensboro, North Carolina - Chief of Police - 1998 Greensboro, North Carolina - Fire Chief - 1998 Hampton, Virginia - Fire Chief - 1986 Hanover Park, Illinois - Fire Chief - 2002 Hanover Park, Illinois - Fire Chief - 2000 Hanover Park, Illinois - Chief of Police - 1998 Hanover Park, Illinois - Chief of Police - 1996 *Hayward, California - Chief of Police - 1995 *Healdsburg, California - Chief of Police - 2001 Holly Springs, Georgia - Chief of Police (Limited Scope) - 2005 Huber Heights, Ohio - Fire Chief - 2001 Huber Heights, Ohio - Deputy Chief of Police - 2003 Jackson, Michigan - Chief of Police - 1996 Jackson, Michigan - Fire Chief – 1996 Jackson County, Missouri – Director of Corrections - 2007 Jackson County, Missouri – Deputy Medical Examiner - 2007 Jacksonville, North Carolina - Chief of Police - 2004 Jacksonville, North Carolina - Chief of Police - 1996 Key West, Florida - Chief of Police - 1998 *Kirkland, Washington - Fire Chief - 1997 *Livermore, California - Chief of Police - 2002 *Livermore-Pleasanton Fire Department, California - Fire Chief - 2001 Longboat Key, Florida - Chief of Police - 1996 Manatee County, Florida - Director of Public Safety - 1987 *Manhattan Beach, California - Chief of Police - 1999 Melbourne, Florida - Fire Chief - 2004 Meridian, Michigan - Fire Chief - 1998 Meridian Township, Michigan - Police Chief (Assist) - 2004 *Mountain View, California - Police Captain - 1999 Newport, Oregon - Police Chief - 2002 Newport News, Virginia - Chief of Police - 2004 Newport News, Virginia - Chief of Police - 1997 Newport News, Virginia - Chief of Police - 1983 Norfolk, Virginia - Chief of Police - 1993 Norfolk, Virginia - Director of Fire and Paramedical Services - 1996 Northglenn, Colorado - Chief of Police - 2001 North Huntingdon Township, Pennsylvania - Chief of Police - 2004 North Little Rock, Arkansas - Chief of Police - 1988 North Myrtle Beach, South Carolina - Public Safety Director - 2006 North Port, Florida - Fire Chief (Limited scope search) - 2002 Owosso, Michigan - Chief of Police - 2003 Papillion, Nebraska - Chief of Police - 2000 *Pasadena, California - Fire Chief - 1998 Pinellas County, Florida - Undersheriff for Administration - 1986 *Pleasanton, California - Chief of Police - 1999 *Pleasanton, California - Police Lieutenant - 2002 Portsmouth, Virginia - Chief of Police – 1997 Prairie Village, Kansas – Chief of Police - 2007 Town Council 77 of 333 Meeting Date: April 26, 2010 Raleigh, North Carolina - Chief of Police - 1971 Raleigh, North Carolina - Fire Chief - 1973 *Reno, Nevada - Chief of Police - 1997 *Reno, Nevada - Fire Chief - 1996 Rio Rancho, New Mexico - Director of Public Safety (Assist) - 2004 Rio Rancho, New Mexico - Director of Public Safety - 2001 Riverdale, Georgia - Chief of Police - 2000 *San Mateo, California - Chief of Police - 2000 *Santa Rosa, California - Chief of Police - 1996 Sarasota, Florida - Chief of Police - 1987 *Silicon Valley Animal Control Authority, California - General Manager - 2000 *Simi Valley, California - Chief of Police - 1995 Southlake, Texas - Police Chief - 2005 Spartanburg County, South Carolina - Communications Director - 1997 Suffolk, Virginia - Chief of Police – 2001 Takoma Park, Maryland – Chief of Police - 2007 Taos, New Mexico - Chief of Police - 2002 Police Lieutenant - 2002 Police Sergeant (2) - 2002 Police Patrol Officers (2) - 2002 *Tracy, California - Chief of Police - 1997 Trumbull County, Ohio - 911 Director - 2005 Western Tidewater Regional Jail Authority - Virginia - Superintendent - 2002 Wilmington, North Carolina - Chief of Police - 1997 Winchester, Virginia - Chief of Police (Limited Scope) - 2005 Public Utilities *Anaheim, California - Water Engineering Manager - 1996 *Anaheim, California - Water Field Operations Manager - 1996 *Anaheim, California - Assistant General Manager B Public Utilities - 1995 Avondale, Arizona - Director of Utilities - 2002 Avondale, Arizona - Utilities Director - 2002 Brazos River Authority, Texas - General Manager - 1998 Brazos River Authority, Texas - Director of Human Resources - 2000 Brazos River Authority, Texas - Water Resources Division Manager - 2000 Charlottesville, Virginia - Gas Superintendent – 1984 Charlotte County, Florida - Utilities Director - 2006 Charlotte County, Florida - Utilities Engineering Services Manager - 2008 Charlotte County, Florida - Utilities Engineering Services Manager – 2005 Chesterfield County, Virginia - Director of Utilities/Public Works – 1983 Choctawhatchee Electrical Cooperative, Defuniak Springs, Florida- Chief Operating Officer - 2007 Clearwater, Florida - Public Works Division Director/Utilities - 1998 Columbus, Georgia - President, Water Works - 1988 Danville, Virginia - 1999 - Senior Civil Engineer - Gas Engineer - Water Engineer - Senior Electric Engineer - Electric Engineer Danville, Virginia - Electric Utility Electrical Engineers (2) - 1999 Daytona Beach, Florida – Public Works Director - 2007 District of Columbia Water and Sewer Authority - Occupational Safety and Health Director - 1998 District of Columbia Water and Sewer Authority - Engineering Planning Manager - 1998 Escambia County Utility Authority, Florida - Executive Director - 2002 Fort Lauderdale, Florida - Utility Distribution & Collection System Manager - 2003 Town Council 78 of 333 Meeting Date: April 26, 2010 Gainesville Regional Utilities (Florida) - Water/Wastewater Engineer II - 1998 Georgia Power Company - Director of Economic and Community Development - 1982 Green Bay Metropolitan Sewerage District - Executive Director - 2006 Greensboro, North Carolina - Utilities Director - 1996 Hampton Roads Sanitation District, Virginia - General Manager - 2006 Henry County Public Service Authority, Virginia - Director of Regulatory Compliance and Technical Applications - 2000 Hillsborough County, Florida - Director of Solid Waste Management - 2005 Homestead, Florida - Utilities Director - 1989 Homestead, Florida - Plant Manager - 1989 Kansas City, Missouri - Deputy Director of Water Services - 2004 Largo, Florida - Environmental Services Director - 2006 *Livermore, California - Water Resources Manager - 1999 Los Alamos County, New Mexico - Utilities Manager, NM Board of Public Utilities - 2002 Macon/Bibb County Water & Sewerage Authority, Georgia - Executive Director - 1987 Macon Water Authority, Georgia - Executive Director - 2002 Milwaukee, Wisconsin - Water Superintendent (Limited scope search) - 1997 *Modesto, California - Operations and Maintenance Director- 1998 Monroe, North Carolina - Water Resources Director - 1998 *Monrovia, California - Interim Water Director - 1995 North Port, Florida - Utilities Director - 2002 Orlando Utilities Commission (OUC), Florida - General Manager - 2004 *Pleasanton, California - Utilities Superintendent - 1999 Polk County, Florida - Utilities Technical Services Director - 2005 Spartanburg, South Carolina - Commission of Public Works-General Manager - 1995 Spartanburg, South Carolina - Commission of Public Works-General Manager - 1988 Spartanburg, South Carolina - Commission of Public Works-General Manager - 1986 Spartanburg, South Carolina Sewer District - Director - 1995 Spartanburg, South Carolina Sewer District - Director - 1988 Spartanburg, South Carolina Sewer District - Director - 1986 Spartanburg, South Carolina - Commission of Public Works/Sanitary Sewer District - Personnel Director - 1995 Spartanburg, South Carolina - Commission of Public Works/Sanitary Sewer District - Personnel Director - 1987 San Antonio Water System, Texas - Vice President for Communications, 2005 San Diego, California - General Manager, San Diego Wastewater Management District - 1988 Severn Trent, Florida - District Manager - 2005 Southwest Oakland County Resource Recovery and Water Authority, Michigan - General Manager - (SOCRRA/SOCWA) - 2001 Talladega, Alabama - General Manager, Talladega Water & Sewer Board – 2004 Valdosta, Georgia – Utilities Director - 2007 Vero Beach, Florida - Utilities Director - 2004 *Ventura, California - Director of Water and Wastewater - 1997 Virginia Beach, Virginia - Deputy City Manager for Utilities – 1987 West Palm Beach, Florida – Director of Public Utilities – 2008 West Palm Beach, Florida – Water Plant Manager - 2008 Public Works/Engineering Atlanta, Georgia - Traffic Engineer (Technology Agent) - 1973 Aurora, Colorado - Public Works Director - 1989 Avondale, Arizona - Director of Utilities - 2002 Avondale, Arizona - Development Services Director - 2002 Bexar County, Texas - Executive Director Infrastructure Services - 1999 Billings, Montana - Director of Public Works - 2001 Champaign, Illinois - Director of Public Works (Limited Scope Search) 2004 Chesapeake, Virginia - Project Director, Route 168 Road Project (Limited scope search) - 1999 Clearwater, Florida - Public Works Division Director/Transportation and Drainage - 1998 Town Council 79 of 333 Meeting Date: April 26, 2010 Clearwater, Florida - Public Works Division Director/Utilities - 1998 *Contra Costa County Central Sanitary District - Director of Administration - 2001 Danville, Virginia - 1999 - Senior Civil Engineer - Gas Engineer - Water Engineer - Senior Electric Engineer - Electric Engineer DeKalb County, Georgia - Public Works Director - 1996 *Delta Diablo Sanitation District - Administrative Services Manager - 2001 Eloy, Arizona - City Engineer - 2000 Fayetteville, North Carolina - Engineering Manager (Limited scope search) - 2000 Fort Lauderdale, Florida - Public Works Director - 2004 Fort Lauderdale, Florida - Construction Manager - 2004 Fort Lauderdale, Florida - Resource Recovery Board, Broward Solid Waste Disposal District, Executive Director - 2000 Genesee County Road Commission, Flint, Michigan - Engineering Position - 2001 Genesee County Road Board, Michigan - Manager-Director - 1999 Genesee County Road Board, Michigan - Chief Engineer - 1999 Glastonbury, Connecticut - Director of Building Services - 2000 *Glendale, California - Customer Service Administrator - 1996 Grapevine, Texas - Public Works Director - 1986 Green Bay Metropolitan Sewerage District - Executive Director - 2006 Greensboro, North Carolina - Director of Transportation - 2000 Hampton Roads Sanitation District, Virginia - General Manager - 2006 Hanover Park (Village), Illinois - Public Works Director - 2001 Henry County Public Service Authority, Virginia - Director of Regulatory Compliance & Technical Applications - 2000 Highland Park, Michigan - Interim Public Works Director - 2002-2003 Indian Rocks Beach, Florida - Public Services Director (Limited scope search) - 1996 *Irvine, California - Public Works Director - 1997 Jacksonville, Florida - Director of Public Works - 1999 Kansas City, Missouri - Deputy Director of Public Works - 2006 Kansas City, Missouri - City Engineer - 2006 Kansas City, Missouri - Manager of Facilities - 2006 *La Quinta, California - Public Works Director - 2002 *Lake Arrowhead Community Services District - F.D. - Finance Director/District Engineer - 2000 Little Rock, Arkansas - Public Works Director (Technology Agent) - 1973 *Livermore, California - City Engineer - 1999 Los Angeles, California - General Manager, General Services Department - 2000 Marietta, Georgia - Public Works Director - 2006 Martin County, Florida - County Engineer/Public Services Director - 1998 Meridian Township, Michigan - Public Works Director - 1998 Monroe, North Carolina - Water Resources Director – 1998 Mooresville, North Carolina – Manager of Engineering - 2008 *Morgan Hill, California - Public Works Director – 1995 New York City Municipal Water Finance Authority – Assistant Comptroller - 2008 *Napa Sanitation District - General Manager - 1998 *Newark, California - Public Works Director - 1995 Norfolk, Virginia - Sr. Civil Engineer - 1989 Norfolk, Virginia - Waste Management Superintendent - 1999 Orlando, Florida - Public Works Director - 2004 Osceola County, Florida - Building Department Director - 2005 *Oxnard, California - Public Works Director - 1995 *Pleasanton, California - City Engineer - 2001 *Pleasanton, California - Public Works Director - 2002 *Pleasanton, California - Chief Building Official - 2001 *Pleasanton, California - Deputy Director of Public Works B Operations - 1999 Town Council 80 of 333 Meeting Date: April 26, 2010 Polk County, Florida - Traffic Engineering Division Director - 2002 Polk County, Florida - Land Development Engineer - 2006 Polk County, Florida - County Engineer - 2006 Port Huron, Michigan - Public Works Director – 1998 Port of Los Angeles – Director of Construction & Maintenance - 2007 Punta Gorda, Florida - Project Manager (Limited Scope Search Process) - 2004 Rochester Hills, Michigan - Director of Public Services – 2001 Salem, Oregon – Senior Engineering Program Manager - 2007 Salem, Oregon – Senior Engineering Project Manager - 2007 Saline County, Kansas - Director of Public Works - 1987 St. Petersburg, Florida - Deputy City Manager for Public Works - 1988 San Jose, California - Deputy Public Works Director for City Facilities - 2003 *San Mateo, California - Public Works Director - 2000 *Santa Clara, California - City Engineer - 2000 *Santa Clara, California - Public Works Director - 2000 Sarasota County, Florida - Chief Building Officer - 1988 Sioux City, Iowa - City Engineer - 2003 Sioux City, Iowa - Senior Civil Engineer (2) - 2003 Southeastern Public Service Authority, Virginia - Executive Director - 1998 Spartanburg, South Carolina - Commission of Public Works - General Manager – 1995 Spartanburg, South Carolina - Commission of Public Works - General Manager - 1988 Spartanburg, South Carolina - Commission of Public Works - General Manager - 1986 Spartanburg, South Carolina Sewer District - Director - 1995 Spartanburg, South Carolina Sewer District - Director - 1988 Spartanburg, South Carolina Sewer District - Director - 1986 Spartanburg, South Carolina Housing Authority - Director of Maintenance - 1994 Suffolk, Virginia - Transportation Engineer – 1994 Sumter County, Florida – Engineering Manager - 2006 Sun N” Lake Sebring Improvement District, Florida - General Manager - 2002 *Tracy, California - Public Works Director - 1995 *Tracy, California - Chief Building Official – 2001 Valdosta, Georgia – Traffic Engineer - 2007 *Ventura Regional Sanitation District - General Manager - 1996 West Des Moines, Iowa - Engineering Manager - 2002 West Des Moines, Iowa - Principal Engineer - 2002 Real Estate Alexandria, Virginia - Director of Real Estate Appraisals - 1993 Gwinnett County, Georgia - Chief Appraiser (Limited scope search) - 1997 Risk Managers Fort Lauderdale, Florida - Risk Manager - 2002 Gainesville, Florida - Risk Management Director - 1998 Jacksonville, Florida - Chief of Risk Management Division - 2000 Miami Valley Risk Management Association - Executive Director - 1999 Portsmouth, Virginia - Director of Risk Management - 1998 Portsmouth School System - Director of Risk Management - 1998 Raleigh, North Carolina - Safety Director - 1972 State Governments State of Delaware - Director, Division for the Visually Impaired - 1996 State of South Carolina - Director, Division of Health and Human Services - 1989 State of Maryland DOT - Director, Mass Transit - 1982 Tax Assessor/Tax Agency Town Council 81 of 333 Meeting Date: April 26, 2010 Gwinnett County, Georgia - Chief Appraiser (Limited scope search) – 1997 Jackson County, Missouri – Director of Assessment - 2007 Regional Income Tax Agency (RITA), Brecksville, Ohio - Executive Director - 2004 Technology Agents (Assistant City Managers) Akron, Ohio - Assistant to the Mayor (Technology Agent) - 1973 Arlington, Texas - Assistant City Manager (Technology Agent) - 1973 Atlanta, Georgia - Traffic Engineer (Technology Agent) - 1973 Eugene, Oregon - Assistant City Manager (Technology Agent) - 1973 Evanston, Illinois - Assistant City Manager (Technology Agent) - 1973 Hampton, Virginia - Assistant City Manager (Technology Agent) - 1973 Henrico County, Virginia - Assistant County Manager (Technology Agent) - 1973 High Point, North Carolina - Assistant City Manager (Technology Agent) - 1973 Independence, Missouri - Assistant City Manager (Technology Agent) - 1973 Jefferson Parish, Louisiana - Assistant to the Parish President (Technology Agent) - 1973 Jersey City, New Jersey - Assistant Business Manager (Technology Agent) - 1973 Kettering, Ohio - Assistant City Manager (Technology Agent) - 1973 Little Rock, Arkansas - Public Works Director (Technology Agent) - 1973 Lower Merion Township, Pennsylvania - Assistant City Manager (Technology Agent) - 1973 Minneapolis, Minnesota - Assistant City Coordinator (Technology Agent) - 1973 Nashville/Davidson County , Tennessee - Assistant to the Mayor (Technology Agent) - 1973 Oklahoma City, Oklahoma - Assistant City Manager (Technology Agent) - 1973 Pasadena, California - Assistant City Manager (Technology Agent) - 1973 Pueblo, Colorado - Assistant City Manager (Technology Agent) - 1973 San Jose, California - Assistant City Manager (Technology Agent) - 1973 St. Petersburg, Florida - Assistant City Manager (Technology Agent) - 1973 Sioux City, Iowa - Assistant City Manager (Technology Agent) - 1973 Spokane, Washington - Assistant City Manager (Technology Agent) - 1973 Topeka, Kansas - Assistant to the Mayor (Technology Agent) - 1973 Tucson, Arizona - Assistant City Manager (Technology Agent) - 1973 West Hartford, Connecticut - Assistant City Manager (Technology Agent) - 1973 Worcester, Massachusetts - Assistant City Manager (Technology Agent) - 1973 Transportation/Transit Authorities Atlanta, Georgia - Traffic Engineer (Technology Agent) - 1973 Capital Area Transportation Authority, Lansing, Michigan - Executive Director - 1985 Greensboro, North Carolina - Director of Transportation - 2000 Hampton Roads Transit Authority, Virginia - Executive Director (Limited scope search) - 1998 Hampton Roads Transit Authority, Virginia - Planning Director - 2000 Jacksonville, Florida - Chief of Transportation Planning - 2000 Lakeland Area Mass Transit District (LAMTD), Lakeland, Florida - Executive Director – 2005 Loudoun County, Virginia – Transportation Director – 2007 Manatee County, Florida – Transportation Director - 2007 Manchester-Boston Regional Airport, New Hampshire – Airport Director - 2007 Maryland Department of Transportation, Director of Mass Transit - 1982 *Metrolink - Assistant Executive Officer - 2000 *Metrolink - Assistant Executive Officer - 2002 Missouri Department of Transportation (MoDOT) - Multiple Searches - 2005 *North Coast Regional Rail Authority - Executive Director - 1999 *Orange County Transportation Authority - Assistant CEO – 1997 Orlando, Florida – Deputy Director of Economic Development - 2008 Pierce County, Washington, Transit Authority - Executive Director - 1981 Suffolk, Virginia - Transportation Engineer – 1994 Tampa-Hillsborough County Expressway Authority, Florida – Executive Director - 2007 Virginia Peninsula Transportation District Commission - Executive Director - 1981 Town Council 82 of 333 Meeting Date: April 26, 2010 Virginia Peninsula Airport Commission - Executive Director - 1983 Associations American Public Works Association - Executive Director - 1989 *City/County Association of Governments (San Mateo County) - Executive Director - 1995 Florida Association of Counties - Executive Director - 1989 Michigan Municipal League - Executive Director - 2004 Public Technology Inc. - Executive Assistants (3) – 1973 Public Technology Inc. - Regional Managers (4) - 1973 Public Technology Inc. - Technology Agents (27) - 1973 Universities California Polytechnic State University, San Luis Obispo - Dean, School of Business (Limited scope search) - 1988 California Polytechnic State University, San Luis Obispo - Information Systems Assistant Professors (2) - 1988 Georgia Institute of Technology - Director of Advanced Technology Development Center - 1983 Georgia State University - Vice President of Academic Affairs and Provost (Limited scope search) - 1988 Georgia Institute of Technology - Director, Industrial Extension Division - 1984 University of Arizona - Vice President of Finance - 1980 University of Nevada, Reno - Director of Development (Limited scope search) - 1984 University of Northern Colorado - Executive Director for University Foundation and Alumni Association (assist) - 2003 University of South Carolina - Director, Bureau of Governmental Affairs (Limited scope search) - 1990 Georgia Tech Research Institute - Members of Advisory Board to Director - 1983 Georgia Tech Research Institute - Research Director - 1982 Multi-Year Search Agreements Alameda County, California Charleston County, South Carolina City of Chesapeake, Virginia City of Clearwater, Florida City of Columbia, South Carolina Cuyahoga Metropolitan Housing Authority, Cleveland, Ohio City of East Point, Georgia City of Homestead, Florida City of Jacksonville, Florida City of Jackson, Michigan Town of Longboat Key, Florida City of Los Angeles, California Metropolitan Government of Nashville-Davidson County, Tennessee City of Norfolk, Virginia City of Northglenn, Colorado City of North Port, Florida City of Portsmouth, Virginia City of Tucson, Arizona City of Yuma, Arizona City of Spartanburg, South Carolina Spartanburg County, South Carolina Spartanburg Housing Authority, South Carolina City of Phoenix, Arizona Town Council 83 of 333 Meeting Date: April 26, 2010 Hillsborough County (Tampa), Florida 2. PRIVATE SECTOR - NON-CONFIDENTIAL American Public Works Association - Executive Director Florida Association of Counties - Executive Director Homebuilders Association of Greater Spartanburg, South Carolina - Executive Director - 1998 3. PRIVATE SECTOR (CLIENT LIST IS CONFIDENTIAL) Consulting Firm (Texas) - Regional Vice President Consulting Firm (Washington, D.C.) - Principal Consulting Firm (Georgia) - Senior Consultants; Managers; Director Consulting Firm (Virginia) - Director Consulting Firm (Georgia) - Marketing Director Consulting Firm (Texas) - Marketing Director Electronics Manufacturer (Alabama) - Vice President and Assistant General Manager; Product Manager Health Research Society (California and New York) - President Insurance Company (Ohio) - President Construction Company (Florida) - Vice President Computer Services Company (Georgia) - Vice President, Marketing Basic Metals Company (New York) - Project Manager Financial Institution (Georgia) - Vice President of Data Processing Bookstore & Coffeehouse (Colorado) - Manager Health Service Company (California) - Regional Vice President Property Management Corporation (Virginia) - Vice President, Operations Resort Corporation (Florida) - General Manager Services Company (Florida) - Vice President Law Firm (California and Washington, D.C.) - Associate Attorney Beverage Company (Georgia) - Corporate Attorney Shipbuilder (Mississippi) - 12 Submarine Planners Aerospace Company (California) - 4 Systems Analysts; 2 Production Control Supervisors; 10 Production Assistants *Vice President, Sales & Marketing *Vice President, Strategic Planning *Executive Director, Port Operations Town Council 84 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-221-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/15/2010 Town Council On agenda:Final action:4/26/2010 Title:Consider and take appropriate action regarding a Proclamation declaring May 6, 2010 as Day of Prayer in Trophy Club. Attachments:Proc. 2010- NDP - May 6th.pdf Action ByDate Action ResultVer. Town Council 85 of 333 Meeting Date: April 26, 2010 12010-221-T Version:File #: Title Consider and take appropriate action regarding a Proclamation declaring May 6, 2010 as Day of Prayer in Trophy Club. Body National Day of Prayer will be observedThursday, May 6, 2010 at 12:00 p.m. at the Clock Tower. In case of rain, the observation will be moved across the street to the Fellowship United Methodist Church. A special National Night of Prayer for Children and Youth will be observed at 7:00 p.m. at the Clock Tower. Goal # 3: Community with shared vision Town Council 86 of 333 Meeting Date: April 26, 2010 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2010- MAY 6, 2010 AS DAY OF PRAYER IN TROPHY CLUB WHEREAS, Our nation was founded on a firm and faithful bedrock, by men who recognized prayer as vital to the maintenance of a strong national character and necessary to procure the blessings and protection of a just and benevolent God upon our government and people; and WHEREAS, In 1775, the Continental Congress first designated a National Day of Prayer, an action reaffirmed in 1952 when the United States Congress designated the first Thursday in May for its annual observance; and WHEREAS, Prayer allows us an opportunity to reflect and to seek guidance, strength, comfort and inspiration from Almighty God; and WHEREAS, we continue to give thanks for the men and women of the military that are defending freedom, and we humbly ask God for their protection and pray for peace throughout the world; and WHEREAS, the 2010 theme for the 59th National Day of Prayer is “Prayer! For Such A Time As This” based on Nahum 1:7; and WHEREAS, it is appropriate to honor God with a unified expression of gratitude for the many liberties and blessings we have received, to recognize our need for personal and corporate repentance and renewal, and to invoke God’s blessings and protection upon our leaders and our nation; NOW, THEREFORE, I Connie White, in conjunction with the Town Council of the Town of Trophy Club, Texas by the Power vested in me as Mayor of Trophy Club, hereby proclaim Thursday, May 6, 2010, as a DAY OF PRAYER in Trophy Club to coincide with the NATIONAL DAY OF PRAYER and that this proclamation shall take effect from and after its date of passage, in accordance with law; and it is so proclaimed. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 26th day of April, 2010. _____________________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: __________________________________ Town Secretary Town of Trophy Club, Texas Town Council 87 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-220-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/15/2010 Town Council On agenda:Final action:4/26/2010 Title:Consider and take appropriate action regarding a Proclamation declaring May 6 through 12, 2010 as National Nurses Week Celebration. Attachments:Baylor.pdf Proc. 2010- Nat'l Nurses Week.pdf Action ByDate Action ResultVer. Town Council 88 of 333 Meeting Date: April 26, 2010 12010-220-T Version:File #: Title Consider and take appropriate action regarding a Proclamation declaring May 6 through 12, 2010 as National Nurses Week Celebration. Body Goal # 3: Community with shared vision Town Council 89 of 333 Meeting Date: April 26, 2010 Town Council 90 of 333 Meeting Date: April 26, 2010 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2010- MAY 6 – 12, 2010 AS NURSE APPRECIATION WEEK IN TROPHY CLUB A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING THE WEEK OF MAY 6 – 12, 2010 AS NURSE APPRECIATION WEEK IN TROPHY CLUB IN CONJUNCTION WITH NATIONAL NURSE APPRECIATION WEEK. WHEREAS: National Nurse Appreciation Week is May 6-12, 2010; and WHEREAS, This year’s celebration theme is “Turning Up the Heat – The Extra Degree” and WHEREAS, Nurses are truly giving and loving individuals who care for the sick and who contribute enormously to the well-being of others; and WHEREAS, Baylor Regional Medical Center at Grapevine honors their special nurses during this week. NOW, THEREFORE, I, MAYOR CONNIE WHITE S, IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM: Section 1. The week of May 6 – 12, 2010 as Nurse Appreciation Week in the Town of Trophy Club to coincide with National Nurse Appreciation Week and encourage all citizens to support our nurses. Section 2. That this proclamation shall take effect from and after its date of passage, in accordance with law; and it is so proclaimed. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 26th day of April, 2010. __________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: _________________________ Lisa Hennek, Town Secretary Town of Trophy Club, Texas Town Council 91 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-222-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/15/2010 Town Council On agenda:Final action:4/26/2010 Title:Consider and take appropriate action regarding a Proclamation declaring May 16 through May 22, 2010 as National EMS Week 2010 with May 19, 2010 set aside as Emergency Medical Services for Children (EMSC) Day. Attachments:Proc. 2010- EMSC Week Proclamation.pdf Action ByDate Action ResultVer. Town Council 92 of 333 Meeting Date: April 26, 2010 12010-222-T Version:File #: Title Consider and take appropriate action regarding a Proclamation declaring May 16 through May 22, 2010 as National EMS Week 2010 with May 19, 2010 set aside as Emergency Medical Services for Children (EMSC) Day. Body Goal #1: Safe and secure community. Town Council 93 of 333 Meeting Date: April 26, 2010 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2010- 07 MAY 16 - 22, 2010 Emergency Medical Services Week EMS Week WHEREAS, emergency medical services is a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, the emergency medical services system consists of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators and others; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; now THEREFORE, I Connie White, Mayor of the Town of Trophy Club, Texas, in recognition of this event do hereby proclaim the week of May 16-22, 2010, as EMERGENCY MEDICAL SERVICES WEEK with May 19, 2010 set aside as EMERGENCY MEDICAL SERVICES FOR CHILDREN (EMSC) DAY. With the theme, EMS: Anytime. Anywhere. We’ll Be There, I encourage the community to observe this week with appropriate programs, ceremonies and activities. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 26th day of April, 2010. _____________________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: __________________________________ Town Secretary Town of Trophy Club, Texas Town Council 94 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-223-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/15/2010 Town Council On agenda:Final action:4/26/2010 Title:Consider and take appropriate action regarding a Proclamation declaring May 9 through May 15, 2010 as National Police Week. Attachments:Proc. 2010- National Police Week.pdf Action ByDate Action ResultVer. Town Council 95 of 333 Meeting Date: April 26, 2010 12010-223-T Version:File #: Title Consider and take appropriate action regarding a Proclamation declaring May 9 through May 15, 2010 as National Police Week. Body Goal #1: Safe and secure community. Town Council 96 of 333 Meeting Date: April 26, 2010 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2010- May 9-15, 2010 as National Police Week WHEREAS, The Congress and President of the United States have designated May 9th – May 15th 2010 as National Police week; and WHEREAS, the members of the law enforcement agency of the Town of Trophy Club, Texas play an essential role in safeguarding the rights and freedoms of Town of Trophy Club, Texas; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the members of the law enforcement agency of Town of Trophy Club, Texas unceasingly provide a vital public service; NOW, THEREFORE, I, MAYOR CONNIE WHITE, IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM and call upon all citizens of Town of Trophy Club, Texas and upon all patriotic, civic and educational organizations to observe the week of May 9th - 15th, 2010, as Police Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 26th day of April 2010. _____________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: _____________________________ Lisa Hennek, Town Secretary Town of Trophy Club, Texas Town Council 97 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-201-T Name: Status:Type:Agenda Item Passed File created:In control:4/1/2010 Town Council On agenda:Final action:4/26/2010 4/15/2010 Title:Public Hearing to Consider a Request for a Zoning Change from "PD-27" (Planned Development No. 27) to "CR" (Commercial Recreation) for Northwest Park, located just north of the Community Pool/Recreation Center property on Parkview Dr., 12.90 Acres, Applicant: Town of Trophy Club Parks and Recreation Department. (ZCA-10-016) Attachments:Staff Report - TC NW Park.pdf Application.pdf Property Owner Notification.pdf Newspaper - Public Hearing.pdf Concept Plan.pdf Commercial Recreation District Regulations.pdf 2010-XX P&Z Ordinance.pdf Action ByDate Action ResultVer. Planning & Zoning Commission4/15/2010 1 Town Council 98 of 333 Meeting Date: April 26, 2010 12010-201-T Version:File #: Title Public Hearing to Consider a Request for a Zoning Change from "PD-27" (Planned Development No. 27) to "CR" (Commercial Recreation) for Northwest Park, located just north of the Community Pool/Recreation Center property on Parkview Dr., 12.90 Acres, Applicant: Town of Trophy Club Parks and Recreation Department. (ZCA-10-016) Town Council 99 of 333 Meeting Date: April 26, 2010 TOWN COUNCIL April 26, 2010 SUBJECT: Public Hearing to Consider a Request for a Zoning Change from “PD-27” Planned Development No. 27 to “CR” Commercial Recreation for Northwest Park, located just north of the Community Pool property on Parkview Dr., 12.90 Acres, Applicant: Town of Trophy Club Parks and Recreation Department. (ZCA-10-016) APPLICANT/OWNER: Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 EXISTING CONDITION OF THE PROPERTY: Unplatted, vacant land. EXISTING ZONING OF THE PROPERTY: PD-27 (Planned Development No. 27). This property fulfilled part of the parkland dedication requirement for PD-27. ADJACENT ZONING LAND USES: North: Byron Nelson High School South: Trophy Club Recreation Center and Neighborhood 9 of The Highlands at Trophy Club East: PD-27, Village Center, Tract 2, Lot 1 (owned by Centurion Acquisitions) and PD-27 Tract 2, Lot 2 (owned by a church) West: Medlin Middle School and PD-27, Village Center, Tract 1, Lot 1 STAFF COMMENTS PURPOSE: Northwest Park is currently vacant, undeveloped land, which will be developed into a recreational complex with buildings, ball fields and parking. Northwest Park lies just to the north of the existing community pool property. The Town of Trophy Club plans to develop Northwest Park in conjunction with improvements to the community pool site. In the near future, the town will bring forward a request to plat Northwest Park and the community pool site into one lot in order to develop the entire Town Council 100 of 333 Meeting Date: April 26, 2010 site as one project. The community pool site is zoned “CR” (Commercial Recreation). The Northwest Park site is zoned “PD-27” (Planned Development No. 27). In order to develop the two sites together as one lot/project, the zoning for the two sites must match – different zoning designations are not allowed on the same lot. Therefore, this request is to rezone Northwest Park from “PD-27” to “CR” so that the two sites will have the same zoning designation for future platting and development. Later this year, the Parks and Recreation Department will request platting and site plan approval of Northwest Park. DISTRICT REGULATIONS: “CR” zoning is a better fit than PD-27 for park development as the majority of PD-27 was created for the development of residential use, whereas the purpose of the Commercial Recreation District is to accommodate and allow development of recreation areas compatible with recreational use. A concept plan of Northwest Park is included with this packet, showing the current and future recreational use development of the park and pool areas. PUBLIC HEARING: As required by ordinance, a notice of public hearing was published in the local newspaper and property owners within 200-ft. of Northwest Park were notified of this request. Copies of the notices are attached. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission heard this request on April 15, 2010, and by a vote of 6-1 recommended approval to the Town Council. The minutes from the meeting are as follows: Tom Rutledge gave a brief presentation of the development plans for Northwest Park. Commissioner Ashby asked if any additional parkland property could be acquired from the property owners next to Northwest Park. Ms. Huggins responded that the Town did not have plans at this time to pursue additional parkland. Commissioner Sheridan stated that he cannot support this request because, in his opinion, the use of the corner of Bobcat and Parkview as commercial recreation is not the best use for that site. He stated that the best use of that land is commercial zoning, not recreation. Commissioner Ashby stated that he hoped there would be some cooperation from the developer and the church with the Town to reshape the park/Village Center area. He stated that he agrees with Commissioner Sheridan that the strip of parkland going up to the corner of Bobcat and Parkview is useless. Perhaps it could be used for a skate park, although it is close to a street and intersection. Town Council 101 of 333 Meeting Date: April 26, 2010 Tom Rutledge stated that the Parks Board has studied that area and a soccer field will fit there. A small t-ball field could also fit there. On the current plans that area is shown as an open green space, but future plans call for a soccer field to be placed there and also the trail system will cross that area. The trail comes down from the north and goes through Northwest Park from the corner of Bobcat and Parkview. Mr. Rutledge stated that along that area a berm will create a natural barrier between the soccer field and the right-of-way. Commissioner Sheridan stated that he wants to point out that the land at Bobcat Blvd. is approximately 160-ft. wide and he’d like to know the setbacks for Commercial Recreation. He stated that it’s not a big piece of property and with setbacks there won’t be a whole lot that can be done with it. [Commercial Recreation setback requirement is 40-ft. from any residentially zoned adjacent property.] Mr. Rutledge stated that he can’t speak toward the philosophical views of best use, but in developing this park with the staff and Park Board, and this being the largest piece of parkland that the Town has left to develop, the one thing that they tried to do with this is create something that provides for not just ball fields, but other designated uses so that when ball games are not taking place the rest of the residents can use the parkland. He stated that they tried to create passive areas in the park that open up opportunities for the rest of the community to come out and throw a Frisbee, or play soccer or football, or bring a blanket and have a picnic. They tried to create a little bit of an interest in this with berming, landscaping and trees that help to invite that along. To the south is the aquatic facility, then there are ball fields that are a destination place, and then the open space at the corner provides opportunities for multiple uses. That’s the intent for this park land. Commissioner Reed stated that he is a little bit lost to understand the concern of whether this is better as a park or as commercial property. He stated: “In one sense of the word all the parkland we have might have been better used as businesses – as commercial property – but we like to have a certain amount of land in our Town as parks. The developers are required to donate certain amounts of land to us and once donated to us I don’t see why there is any concern about whether it should have been commercial instead of a park.” Commissioner Sheridan stated that in his opinion that land is best used as commercial since it is a hard corner. Commissioner Davidson made a motion to recommend approval to the Town Council for a zoning change from PD-27 (Planned Development No. 27) to CR (Commercial Recreation) for Northwest Park. The motion was seconded by Commissioner Reed. Ayes: Hill, Reed, Ashby, Davidson, Forest, Stephens Nays: Sheridan Action: 6-1, Approved (ch) Town Council 102 of 333 Meeting Date: April 26, 2010 Attachments: 1) Application 2) Property Owner Notification 3) Public Hearing Notice – Newspaper 4) Concept Plan – Northwest Park and Community Pool Property 5) Commercial Recreation District Regulations 6) Ordinance No. 2010-XX P&Z Hard Copy: Zoning Exhibit – 24”x36” Town Council 103 of 333 Meeting Date: April 26, 2010 T o w n C o u n c i l 1 0 4 o f 3 3 3 M e e t i n g D a t e : A p r i l 2 6 , 2 0 1 0 NOTICE OF PUBLIC HEARING Planning and Zoning Commission Thursday, April 15, 2010 Town Council Monday, April 26, 2010 TIME OF PUBLIC HEARING: 7:00 p.m. PLACE OF PUBLIC HEARING: Svore MUD Building–Boardroom (Council Chambers) 100 Municipal Drive Trophy Club, Texas 76262 ZONING CHANGE REQUEST Location of Property: 12.90 acres of land known as “Northwest Park” located just north of the Community Pool on Parkview Dr. Explanation of Request: The Town of Trophy Club plans to develop Northwest Park in conjunction with improvements to the Community Pool site. In the near future, the Town will bring forward a request to plat Northwest Park and the Community Pool site into one lot in order to develop the entire site as one project. The Community Pool site is zoned “CR” (Commercial Recreation). The Northwest Park site is zoned “PD-27” (Planned Development No. 27). In order to development the two sites together as one lot/project, the zoning for the two sites must match -- different zoning designations are not allowed. Therefore, this request is to rezone Northwest Park from “PD-27” to “CR” so that the two sites will have the same zoning designation for future platting and development. To Surrounding Land Owners: Property owners in the Town of Trophy Club within 200-ft. (two hundred feet) of the subject property receive written notification of this request. All interested property owners are encouraged to attend these hearings. Persons wishing their opinion to be part of the record, but are unable to attend may send a written reply prior to the date of the hearing to: Town of Trophy Club Attn: Carolyn Huggins Planning & Zoning Department 100 Municipal Drive Trophy Club, TX 76262 Or send an email to: chuggins@ci.trophyclub.tx.us Town Council 105 of 333 Meeting Date: April 26, 2010 No t i f i c a t i o n A r e a f o r No r t h w e s t P a r k R e z o n i n g R e q u e s t To w n Co u n c i l 10 6 of 33 3 Meeting Date: April 26, 2010 BDMR Development LLC 3901 Airport Freeway, Suite 200 Bedford, TX 76021-6117 Northwest I.S.D. P.O. Box 77070 Ft. Worth, TX 76177-0070 Drees Custom Homes LP 6225 N. State Hwy 161, Suite 400 Irving, TX 75038-2225 Centurion Acquisitions 1221 N. Interstate 35E #200 Carrollton, TX 75006-3806 Mr. & Mrs. Jaraczewski 2417 Lilyfield Dr. Trophy Club, TX 76262 Mr. & Mrs. Jones 2413 Lilyfield Dr. Trophy Club, TX 76262 Mr. & Mrs. Thiltgen 2411 Lilyfield Dr. Trophy Club, TX 76262 Town Council 107 of 333 Meeting Date: April 26, 2010 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: March 29, 2010 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: March 31, 2010 SUBJECT: Public Hearing NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, April 15, 2010 TOWN COUNCIL Monday, April 26, 2010 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, April 15, 2010, to consider rezoning an approximately 12.90 acre tract of land from its current zoning of “PD-27” Planned Development No. 27 to “CR” Commercial Recreation; amending Chapter 13-Zoning Ordinance by amending the Official Zoning Map of the Town of Trophy Club, the same being Ordinance No. 2000-06 P&Z; and amending Ordinance No. 2007-15 P&Z, PD Planned Development District No. 27, The Highlands at Trophy Club; and other miscellaneous changes to the Zoning Ordinance or PD-27 as related to this request as deemed necessary. The Town Council will hear the above item on April 26, 2010, in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. Town Council 108 of 333 Meeting Date: April 26, 2010 Town Council 109 of 333 Meeting Date: April 26, 2010 Chapter 13 – Zoning Section 4.16 CR – Commercial Recreation District Regulations A. Purpose: The purpose of the CR Commercial Recreation District is to accommodate and allow development of privately owned recreation areas and low intensity commercial uses that are directly related, designed and sited to be compatible with the recreational use. B. Uses Generally: In a CR Commercial Recreation District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 3.03, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the CR-Commercial Recreation District in accordance with the regulations provided in Section 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the CR-Commercial Recreation District in accordance with the regulations provided in Section 6.01, Conditional Permit. 3. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. C. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located. D. Density Requirements: None. E. Height Regulations: Except as provided by Section 5.04, Height Limits, no building shall exceed 40' feet or two (2) stories in height. F. Minimum Open Space: All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance and other applicable ordinances of the Town. G. Buffered Area Regulations: Whenever a CR Commercial Recreation development is located adjacent to a residentially zoned area, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain only landscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses. H. Site Plan: A Site Plan has been approved meeting the conditions as provided in Section 5.09, Site Plan Requirements. I. Landscaping Requirements: Landscaping shall be required in accordance with Section 7.03, Landscaping Regulations. In addition, the following regulations shall apply: Town Council 110 of 333 Meeting Date: April 26, 2010 Chapter 13 – Zoning 1. A front set back area shall be devoted to a landscaped buffer. Only drive crossing that provides ingress and egress will be allowed. 2. The front landscape buffer shall contain trees of 4 inch caliper measured 12" from the ground and shall be 12 feet in height planted on 30 foot centers. In addition, shrubs, berms, decorative walls, or a combination thereof, shall be provided between the trees such that a screen of a minimum of three feet in height shall screen the parking areas. J. Design Requirements: The following design requirements shall apply: 1. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view with screening which is the same as the architectural style of the main structure. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view with screening which is the same as the architectural style of the main structure. All ground mounted equipment shall be screened from view with masonry construction similar to the primary structure. Line of sight drawings will be required to illustrate that adequate screening is provided. 3. The site plan shall provide a lighting plan detailing the layout of fixtures, elevations, lamp type, and average maintained illumination of each fixture. Exterior lighting fixtures shall not exceed a maximum height of 25 feet measured from the adjacent ground, shall direct light toward the ground and shall be shielded. Alternatives may be approved by the Town Council upon recommendation by the Planning and Zoning Commission on a case- by-case basis, when used to complement the architectural character of the development. Lighting shall be designed to reflect away from any adjacent residential area. 4. On structures 5,000 square feet or less, pitched roof construction will be required. No flat or built up roof construction shall be permitted. 5. Design of structures greater than 5,000 square feet shall include relief to walls and roofs. Single uninterrupted surface-planes shall not be permitted. The roof of structures may be a flat roof construction, but must provide a variation of roof-line which may include a partial pitched roof for architectural relief. 6. Any canopy system must provide columns constructed of similar masonry material as the primary structure. 7. Uniform architectural treatment shall be provided to all sides of the structure. K. Off-Street Parking: Off-street parking shall be provided in accordance with the provisions of Section 7.04, Off-Street Parking Requirements. In addition, the following regulations shall apply: 1. Parking lots shall be designed with compartmentalized parking lots for all areas of over 50 spaces. 2. Access to individual developments shall be obtained through mutual access and cross access drives on-site. Multiple driveway entrances for individual lots shall be prohibited unless it is determined that it is physically impossible to provide shared access to the lot or if extenuating circumstances can be demonstrated and are approved by the Town Council after recommendation by the Planning and Zoning Commission. Town Council 111 of 333 Meeting Date: April 26, 2010 Chapter 13 – Zoning 3. Total driveway entrances shall not exceed 3 entrances for any development. 4. Driveways shall have a minimum separation of 150 feet. 5. Parking spaces shall not be permitted within the building line setback areas. Drive lanes shall only be permitted in building line setback area when crossing setback area. 6. There shall be a maximum of 12 consecutive spaces between islands with at least one 4" caliper tree in each island. Landscaping in the islands shall include a combination of ground cover, shrubs, and flowering plants in addition to the required tree. 7. A raised curb shall be required for all parking and driving surfaces. 8. Curb stops shall be required on all parking spaces that "head-in" to any landscaped area. These curb stops shall be placed such that the overhang of a vehicle is contained totally within the limits of the parking space. 9. A traffic circulation plan and impact analysis shall be prepared and provided with the site plan for all new development. The traffic impact analysis requirement may be excluded from the site plan if the town engineer determines that the analysis is not necessary for the development. 10. All entrance drives shall be accented with decorative street treatment and shall be clearly detailed on the site plan. 11. Paved parking areas shall have at least 10% of the paved surface area dedicated to decorative street treatment as approved by the town Planning and Zoning Commission. 12. Crosswalks, when provided, shall be marked similar to decorative street pavement. L. Off-Street Loading: Off-street loading shall be provided in accordance with Section 7.05, Off-Street Loading Requirements. M. Masonry Requirement: 1. All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred percent (100%) of the total exterior walls, excluding doors, windows and porches, constructed of brick or stone including the area above the first floor ceiling plate line. 2. Painted tilt wall and painted concrete block shall not be permitted as finished masonry material. 3. Stucco shall be used only as an accent material subject to prior approval of P & Z. 4. All other chimneys surfaces shall also be of brick, stone, or stucco. 5. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. 6. Masonry materials shall be of earth tones and shall be submitted to the Planning and Zoning Commission for recommendation and to the Town Council for approval. For the purpose of this section, earth tones shall be understood to consist of darker and pastel shades of the color spectrum, which may generally be found in the natural environment. These colors shall Town Council 112 of 333 Meeting Date: April 26, 2010 Chapter 13 – Zoning not generally consist of the vibrants or fluorescents of the color spectrum. 7. The Town Council upon either negative or positive recommendation from the Planning & Zoning Commission shall have the power to modify masonry regulations where the literal enforcement of this Ordinance would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice in accordance with the spirit of the Ordinance. a. For the purpose of this Ordinance, the following are established as general conditions, ALL of which shall be met upon granting any waiver or modification to the masonry requirements as outlined in this Section. (i) No diminution value of surrounding properties would be suffered; and (ii) Granting the permit would be of benefit to the public interest and surrounding properties; and (iii) Denial of the permit would result in unnecessary hardship to the owner seeking it; and REMOVE ALL (iii) A zoning restriction as applied to the owner’s property interferes with the reasonable use of the property, considering the unique setting of the property in its environment; and (iv) By granting the permit, substantial justice would be done; and (v) The use must not be contrary to the spirit of the Ordinance. b. The burden of demonstrating all general conditions have been met and that a modification is appropriate is upon the person requesting the modification. The Town Council and Planning & Zoning Commission may require a person requesting a modification to provide proof as each body determines necessary and appropriate for the Planning & Zoning Commission and the Town Council to evaluate the application for modification. Ord. No. 2006-32 § II, Revised Section 4.16 (M)(7)(a)(i)-(vi) AND (M)(7)(b), 9-11-06 N. Pedestrian Circulation: The following design requirements shall apply in the CR District: 1. Pedestrian connections shall access walkways within the development, shall be landscaped, and shall include architectural features consistent with the character of the development. 2. Pedestrian connections among and between developments shall be provided and shall be clearly indicated on the site plan. 3. The site plan shall indicate future access between properties. 4. The pedestrian connections shall access public open green space corridors, where appropriate. O. Entry Markers: The following design requirements shall apply in the CR District: 1. Entry markers of monument type shall be located at each principal entrance to developments in accordance with the established signage requirements of the Town of Trophy Club. Town Council 113 of 333 Meeting Date: April 26, 2010 Chapter 13 – Zoning 2. Entry markers with double faces shall be located in medians in access drives. 3. In locations with no median access drive, a single facing monument sign placed at the entrance shall be mirrored on the other side of the entrance. P. Service Areas: The following design requirements shall apply in the CR District: 1. All service areas, including but not limited to the location of loading docks, garages, garbage disposal units, and truck parking, shall be completely screened from view. 2. The centralized trash collection point shall not be located in any street yard. a. Street Yard: Shall mean that area of land located between the structure and a street right-of-way line of a front, side, or rear lot line. 3. All trash receptacles shall be screened with a masonry wall of material, with appropriate landscaping on three sides and shall have a screening gate which shall remain closed except when being serviced. 4. All trash receptacles shall be adequately sized to contain all trash at all times. Q. Signs: The town sign ordinance shall govern regarding all signs located in the CR District R. Supplemental Non-residential Requirements: Additional requirements for non-residential uses located within the CR District shall apply in accordance with Section 7.03H Requirements for Non- Residential Districts and Uses. (Ord No. 98-29, § XXIX, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXIX, 3-21-00) Town Council 114 of 333 Meeting Date: April 26, 2010 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2010-XX P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING FROM “PD-27” PLANNED DEVELOPMENT NO. 27 TO “CR” COMMERCIAL RECREATION ON A CERTAIN 12.900 ACRE TRACT OF LAND AS DESCRIBED IN EXHIBIT “A” AND EXHIBIT “B”; PROVIDING FOR EXHIBIT “A”, “LEGAL DESCRIPTION”; AND PROVIDING FOR EXHIBIT “B”, “ZONING CHANGE EXHIBIT”; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE ZONING CODE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE “CR” ZONING FOR SUCH 12.900 ACRE TRACT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”), is authorized and empowered by law, in accordance with Chapter 211 of the Texas Local Government Code, to regulate Land use, and property development within the Town for the public health, safety and general welfare; WHEREAS, the owner of the tract of land, collectively described as a 12.900 acre tract of land, zoned PD-27 – Planned Development No. 27, and such land being further described in Exhibit “A”, attached hereto and incorporated herein, (the “Land”), filed an application with the Town’s Planning and Zoning Commission requesting a change in zoning of the Land into CR – Commercial Recreation. Such application further requested an amendment to the official Zoning District Map of the Town in accordance with Chapter 13 of the Town’s Code of Ordinances; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came before the Planning and Zoning Commission; and Town Council 115 of 333 Meeting Date: April 26, 2010 WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. FINDINGS After due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and welfare. SECTION 3. REZONING The Zoning Ordinance for the Town, adopting the Zoning Map, codified in Chapter 13 of the Code of Ordinances of the Town of Trophy Club, is hereby amended in the following particulars: A. The zoning of the Land, being a 12.900 acre tract of land described in Exhibit “A” and Exhibit “B”, attached hereto and incorporated herein, is hereby changed to adopt provisions for “CR” Commercial Recreation in accordance with the requirements of this Ordinance, all applicable parts of Chapter 13, the Zoning Code, and all other applicable ordinances, rules and regulations of the Town. The Zoning Map is hereby amended to reflect the “CR” Commercial Recreation designation for the tract of Land. Town Council 116 of 333 Meeting Date: April 26, 2010 SECTION 4. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as set forth in the home rule Charter of the Town and by filing this Ordinance in the Ordinance records of the Town. SECTION 7. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 8. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty Clause and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. Town Council 117 of 333 Meeting Date: April 26, 2010 SECTION 9. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 26th day of April, 2010. _______________________________ 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 Town Council 118 of 333 Meeting Date: April 26, 2010 Town Council 119 of 333 Meeting Date: April 26, 2010 Town Council 120 of 333 Meeting Date: April 26, 2010 Town Council 121 of 333 Meeting Date: April 26, 2010 EXHIBIT B Town Council 122 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-209-T Name: Status:Type:Agenda Item Passed File created:In control:4/8/2010 Town Council On agenda:Final action:4/26/2010 4/15/2010 Title:Public Hearing to consider changes to the Town of Trophy Club Code of Ordinances, Chapter 13- Zoning, Article V-Supplementary District Regulations, Section 5.12 Oil and Gas Well Drilling and Production, affecting the setback from an existing wellhead to a habitable structure. (ADM-10-006) Attachments:Staff Report - TC.pdf Secton 5.12 - Redline.pdf Gas Well Sites - Highlands.pdf 091009 Highlands Concept Plan.pdf 2003 Int'l Fire Code - Well drilling and operating.pdf Public Hearing - Newspaper.pdf Oil and Gas Well Manual.pdf 2010-XX P&Z Ordinance - Gas Well.pdf Action ByDate Action ResultVer. Planning & Zoning Commission4/15/2010 1 Town Council 123 of 333 Meeting Date: April 26, 2010 12010-209-T Version:File #: Title Public Hearing to consider changes to the Town of Trophy Club Code of Ordinances, Chapter 13-Zoning, Article V- Supplementary District Regulations, Section 5.12 Oil and Gas Well Drilling and Production, affecting the setback from an existing wellhead to a habitable structure. (ADM-10-006) Town Council 124 of 333 Meeting Date: April 26, 2010 TOWN COUNCIL April 26, 2010 SUBJECT: Public Hearing to Consider changes to the Town of Trophy Club Code of Ordinances, Chapter 13-Zoning, Article V- Supplementary District Regulations, Section 5.12 Oil and Gas Well Drilling & Production, affecting the setback from an existing well to a habitable structure. (ADM-10-006) PURPOSE: To amend Section 5.12 “Oil and Gas Well Drilling and Production” to allow habitable structures to be built 200-ft. from an existing wellhead. STAFF COMMENTS: The Highlands Developer met with the Mayor, Planning and Zoning Commission Chairman, and Town Manager to request a change to the Oil and Gas Well Drilling & Production Ordinance regarding distance from a gas well to a habitable structure. The current ordinance requires 250-ft. from the wellhead to the property line of a property with a residence located on it: 2. The drilling and production of oil and gas within the corporate limits of the Town shall be permitted by Specific Use Permit as close as two hundred fifty feet (250’) from the wellhead to the property line of a property with a residence located on it if all property owners agree in writing and provided that the drilling and production of oil or gas meets the requirements of this Ordinance and a Specific Use Permit. The revised Ordinance would add a Note #4: 4. If a gas well is no longer being drilled but has been fitted with a wellhead and is a Producing Well, the distance from wellhead to habitable structure shall be a minimum of 200-ft. For this Subsection 4. only, a “Producing Well” is defined as: Gas is produced from the well, but the rig used to drill and complete the well has moved off the well and the top of the well is outfitted with a wellhead. The following definitions would be added to B of Section 5.12: B. Definitions Habitable Structure: Structures suitable for human habitation or occupation. A habitable structure shall not include accessory buildings, garages and sheds. Any Town Council 125 of 333 Meeting Date: April 26, 2010 structure for which a certificate of occupancy is required shall be deemed to be a habitable structure. Wellhead: A fitting (usually forged or cast steel) on the top of a well. ADDITIONAL INFORMATION: Developers will be asked to place the following notes on any plats brought forward in the future that contain lots adjacent to a gas well: 1. For lots surrounding gas wells, the distance from wellhead to habitable structure shall be a minimum of 200-ft. 2. To build a habitable structure on a lot adjacent to a gas well, a survey verifying the distance from the nearest wellhead to the nearest point of the habitable structure shall be required. For reference, a copy of Section 3406.3 “Well drilling and operating” from the 2003 International Fire Code is attached. PUBLIC HEARING: A notice of public hearing shall be published in the local newspaper fifteen (15) days prior to a hearing for a text amendment. A notification was placed in the newspaper as required. Hearing Date: April 15, 2010. Publication Date: March 31, 2010. PLANNING AND ZONING COMMISSION REVIEW AND RECOMMENDATION: At the Planning and Zoning Commission meeting on April 15, 2010, when the Commission discussed this item they also discussed noise levels and asked that the Council consider a change to the Gas Well Manual regarding noise decibel levels. The minutes from the P&Z meeting are as follows: Mehrdad Moayedi, Developer, thanked Chairman Hill for meeting with him. He stated that he feels this is a compromise since it saves about $4 million financial losses for the developer and is within acceptable limits allowed by other cities. He respectfully asks for their consideration in order to get a plat filed that is waiting to come back before the Commission. Chairman Hill asked Ms. Huggins to point out the changes to the ordinance. Ms. Huggins referred to the items as outlined in the staff report starting on Page 36: Adding a definition for: “habitable structure”, “producing well” and “wellhead”; and adding Item #4 under Section C. Town Council 126 of 333 Meeting Date: April 26, 2010 Commissioner Reed suggested modifying Item #2 rather than adding #4. Commissioner Davidson stated that different measurements are used in Item #2 versus Item #4. Item #2 refers to distance from wellhead to property line. Item #4 refers to distance from well to habitable structure. Vice Chairman Stephens stated that 250-ft. was put there for a purpose. There is more danger when drilling is taking place versus when the wellhead is established. He suggested leaving Item #2 alone. Established, producing, wells with a wellhead can be covered under Item #4. Chairman Hill stated that it is not likely that additional drilling will be done on the pads out there. Vice Chairman Stephens stated that the existing wells could be fraced. He asked if this was discussed in the meeting with the developer. Chairman Hill stated that fracing is not a long term thing – probably 48 to 72 hours maximum with limitations on the noise and activity. Vice Chairman Stephens asked how long the wells could produce. Commissioner Reed responded 20 years. Vice Chairman Stephens asked how many times the well could be fraced in that 20 year period. Commissioner Sheridan responded that it could be fraced possibly every five years. Vice Chairman Stephens stated: “We can live with that.” Commissioner Sheridan asked what other cities have 200-ft. from a habitable structure. Mr. Moayedi stated that Ft. Worth allows 200-ft. Commissioner Sheridan responded: “So this is not precedent setting in the area.” Commissioner Sheridan stated that the Town has decibel levels set from the wellhead. Does that level need to be reduced since fracing can be very noisy? He stated that in the last five years there has also been a tremendous advance in sound reduction material. The Commissioners discussed whether or not it would be possible to require the builder to provide a document to the Town in which the home buyer acknowledges disclosure of the distance of the gas well from the habitable structure. Mr. Moayedi stated that disclosure is part of their closing documents, but he didn’t feel it was possible, logistically, to have every builder provide that documentation to the Town for each house built within 200-ft. of an existing gas well. Ms. Huggins stated that the noise decibel level is found in the Gas Well Manual in Chapter 5-General Land Use: “Internal combustion engines may be used in drilling and producing operations if they have mufflers that will reduce noise to Town Council 127 of 333 Meeting Date: April 26, 2010 not more than seventy (70) decibels at any point three hundred feet (300’) from the boundary of the drill site or operation site. The noise level during fracing operations shall reduce the noise to not more than eighty (80) decibels at any point three hundred feet (300’) from the boundary of the drill site or operation site. If noise levels at a distance of three hundred feet (300’) exceed eighty (80) decibels, a sound reduction enclosure shall be required around a drilling rig and any internal combustion engines. Only electric motors shall be used for the purpose of pumping oil wells. Electric motors shall be used for compressors located at gas well Specific Use sites.” Commissioner Sheridan and Vice Chairman Stephens both recommended reducing the decibels/distance in the Gas Well Manual to match the reduced change being proposed tonight for distance from a well to habitable structure so that a habitable structure 200-ft. from a well has better noise protection than currently allowed (80 decibels 300-ft. from the boundary of the drill site during fracing). Commissioner Ashby pointed out that the current ordinance requires “a sound reduction enclosure around a drilling rig or internal combustion engine” if the noise exceeds 80 decibels. Vice Chairman Stephens responded that it is 80 decibels at 300-ft; that should be reduced to 200-ft. “We’ve got to fix that.” Commissioner Davidson stated that an adjustment to the decibel readings is needed. With the 200-ft change [from wellhead to habitable structure], everything is moving in closer to existing facilities. The manual doesn’t talk to that specifically. He pointed out that the Commission is changing things slightly, but significantly, because this is not 250-ft. from wellhead to property line any longer, but 200-ft. from well to habitable structure which makes the distance even less than the difference of 50-ft. "So, it’s even more important that the decibel level be changed. Commissioner Sheridan made a motion recommending approval to the City Council for 200-ft from a wellhead to habitable structure with a recommendation that the Gas Well Manual noise decibel levels and measurement distance be reviewed and modified by the Town Council to accommodate the shorter distance of 200-ft. Vice Chairman Stephens seconded the motion. Ayes: Hill, Reed, Ashby, Davidson, Forest, Sheridan, Stephens Nays: None Action: 7-0, Approved For reference, the Oil and Gas Well Manual is attached (Chapter 5-General Land Use, Article VI-Oil and Gas Well Manual). The section regarding noise decibels is in Section 6.01, in Item 3. “Operations and Equipment Practices and Standards”. Subsection “d” was the item discussed by the Planning and Zoning Commission: Town Council 128 of 333 Meeting Date: April 26, 2010 d. Internal combustion engines may be used in drilling and producing operations if they have mufflers that will reduce noise to not more than seventy (70) decibels at any point three hundred feet (300’) from the boundary of the drill site or operation site. The noise level during fracing operations shall reduce the noise to not more than eighty (80) Chapter 5 – General Land Use decibels at any point three hundred feet (300’) from the boundary of the drill site or operation site. If noise levels at a distance of three hundred feet (300’) exceed eighty (80) decibels, a sound reduction enclosure shall be required around a drilling rig and any internal combustion engines. Only electric motors shall be used for the purpose of pumping oil wells. Electric motors shall be used for compressors located at gas well Specific Use sites. (ch) Attachment: Section 5.12 - Redline Gas Well Sites – Highlands Exhibit Highlands (PD-27) Concept Plan – Updated 2009 2003 International Fire Code, Section 3406.3 Public Hearing Notice Ordinance 2010-XX P&Z Gas Well Manual – For Reference Town Council 129 of 333 Meeting Date: April 26, 2010 Section 5.12 Oil and Gas Well Drilling & Production A. Purpose The exploration, development and production of oil or gas in the Town is an activity which necessitates reasonable regulation to ensure that all property owners, mineral and otherwise, have the right to peaceably enjoy their property and its benefits and revenues. It is hereby declared to be the purpose of this article to establish reasonable and uniform limitations, safeguards and regulations for present and future operations related to the exploring, drilling, developing, producing, transporting and storing of oil or gas and other substances produced in association with oil or gas within the Town to protect the health, safety and general welfare of the public, minimize the potential impact to property and mineral rights owners, protect the quality of the environment and encourage the orderly production of available mineral resources. B. Definitions All technical industry words or phrases related to the drilling and production of oil and gas wells not specifically defined shall have the meanings customarily attributable thereto by prudent operators in the oil and gas industry. For the purposes of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Abandonment: “Abandonment” as defined by the Railroad Commission and includes the plugging of the well and restoration of the drill site as required by this Ordinance. Applicant/Permittee: A person to whom a permit or certificate for the drilling, operation and production of a well, or the installation or operation of a pipeline, is issued under this Ordinance, including, but not limited to, his or her heirs, legal representatives, successors or assigns. Drill Site: The area used for drilling, completing, or re-working a well. Drilling: Any digging or boring of a new well to develop or produce oil or gas or to inject gas, water, or any other fluid or substance into the earth. Drilling means and includes the re-entry of an abandoned well. Drilling does not mean or include the re-entry of a well that has not been abandoned. Exploration: Geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other sub-surface hydrocarbons. Fire Code: The Fire Code adopted by the Town of Trophy Club, as amended. Gas: Gas or natural gas, as such terms are used in the rules, regulations, or forms of the Railroad Commission. Gas Well: Any well drilled for the production of gas or classified as a gas well under the Texas Natural Resources Code or the Railroad Commission. Gas Well Permit: A Gas Well Permit applied for and issued or denied under this Ordinance authorizing the drilling, production, and operation of one or more gas wells. Gathering Station: Specific Use site where the gathering lines for all the wells converge. Town Council 130 of 333 Meeting Date: April 26, 2010 Habitable Structure: Structures suitable for human habitation or occupation. A habitable structure shall not include accessory buildings, garages and sheds. Any structure for which a certificate of occupancy is required shall be deemed to be a habitable structure. Hazardous Materials Management Plan: The hazardous materials management plan and hazardous materials inventory statements required by the Fire Code. New Well: A new well bore or new hole established at the ground surface and shall not include the re-working of an existing well that has not been abandoned unless the rework intends to drill to a deeper total depth, which shall require a new well permit. Oil: Oil, as such terms are used in the rules, regulations, or forms of the Railroad Commission. Oil & Gas Well Manual: Adopted by Town Council of the Town of Trophy Club, Texas. Oil Well: Any well drilled for the production of oil or classified as an oil well under the Texas Natural Resources Code or the Railroad Commission. Oil Well Permit: An Oil Well Permit applied for and issued or denied under this Ordinance authorizing the drilling, production, and operation of one or more oil wells. Operation Site: The area used for development and production and all related operational activities of oil and gas after drilling activities are complete. Operator: For each well, the person listed on the Railroad Commission Form W-1 or Form P-4 for an oil or gas well. Person: Includes both the singular and plural and means an individual person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, and a fiduciary or representative of any kind. Petroleum Specialist: A person familiar with and educated in the oil and gas industry who has been retained by the Town. Pipeline Easement Map: A map indicating all gathering line easements. The easements must be located separately from the utility easements. Railroad Commission: The Railroad Commission of Texas. Structure: Any building intended for shelter, occupancy, housing or enclosure for persons, animals, cattle or storage. Town: The Town of Trophy Club, Texas. Town Designee: Qualified oil and gas consultant as determined by the Town Manager. Town Staff: Employees and independent contractors performing services for the Town of Trophy Club, including but not limited to the Fire Marshall. Well: A hole or bore to any horizon, formation, or strata for the purpose of producing oil, gas, or other liquid hydrocarbons. Town Council 131 of 333 Meeting Date: April 26, 2010 Wellhead: A fitting (usually forged or cast steel) on the top of a well. C. Oil and Gas Well Drilling and Production “By Specific Use Permit (SUP)” 1. The drilling and production of oil and gas within the corporate limits of the Town shall be permitted by Specific Use Permit provided that the property line of any residential structure or public building, institution or school is a minimum of one-thousand feet (1,000’) from the wellhead and provided that the drilling and production of oil or gas meets the following requirements: a. All applicable standards set forth in this Ordinance and the Oil & Gas Well Manual, Standards for Oil and Gas Well Drilling and Production; b. An approved Oil and Gas Well Development Site Plan and a Road Repair Agreement are on file with the Town; and c. An Oil or Gas Well Permit has been issued by the Town. 2. Except as specifically provided herein, the drilling and production of oil and gas within the corporate limits of the Town shall be permitted by Specific Use Permit as close as two hundred fifty feet (250’) from the wellhead to the property line of a property with a residence located on it if all property owners agree in writing and provided that the drilling and production of oil or gas meets the requirements of this Ordinance and a Specific Use Permit. 3. Upon request of a property owner, operator, or other applicant for SUP (collectively referred to herein as “Applicant”), the Town Council, upon recommendation by the Planning and Zoning Commission, shall hear and shall seriously and fairly consider a request for a waiver from the requirement for a one-thousand foot (1,000’) setback specified in subparagraph 1 of this Section. A waiver may be authorized and will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of the setback requirement will result in unnecessary hardship, including a substantial economic hardship; or the setback requirement would prevent an Applicant from accessing his/her mineral interest. Applicant may make such request for waiver as a part of his/her SUP application. 4. If a gas well is no longer being drilled but has been fitted with a wellhead and is a Producing Well, the distance from wellhead to habitable structure shall be a minimum of 200-ft. For this Subsection 4 only, a “Producing Well” is defined as: Gas is produced from the well, but the rig used to drill and complete the well has moved off the well and the top of the well is outfitted with a wellhead. D. Specific Use Permit Application Requirements 1. No person, acting for himself or acting as an agent, employee, independent contractor, or servant for any person, shall engage in drilling or production of an oil or gas well within the corporate limits of the Town without first obtaining a Specific Use Permit. 2. An application for a Specific Use Permit for the drilling and production of an oil or gas well shall be filed by the person having legal authority. That person is presumed to be the record owner, mineral owner, or the duly authorized agent of either the record owner or the mineral owner. The applicant shall submit information evidencing his/her authority to file an application with the Town. 3. All applications to be considered for Oil and Gas Drilling and Production under these Town Council 132 of 333 Meeting Date: April 26, 2010 regulations shall be submitted to the Town Planning & Zoning Coordinator, along with a completed application and fees, and must be in accordance with all Ordinance requirements. An application for Specific Use Permit may be submitted but shall not be considered as being filed with the Town until it has been determined to be administratively complete. An application for approval shall be considered administratively complete when Town staff determines that it meets all requirements of applicable Town Ordinances so that it may be reviewed by the Planning and Zoning Commission, has been placed on the agenda for the Commission, and the agenda has been posted as required by law. An incomplete application shall not be considered "filed" with the Town as defined in this Ordinance, but shall be returned to the applicant for completion and re-submittal. E. Recommendations for Specific Use Permits 1. The Planning & Zoning Coordinator shall forward all applications for Specific Use Permits to the Planning & Zoning Commission for review. An application may be submitted but shall not be considered as being filed with the Town until it has been determined to be administratively complete. The Planning & Zoning Commission shall review each application within thirty (30) days after filing and shall make recommendations regarding the applications to the Town Council. A copy of all recommendations shall be provided to the operator. The Planning & Zoning Commission may make recommendations regarding any aspect of the proposed oil or gas well development including, but not limited to, recommendations with respect to the standards set forth in this Ordinance. 2. In connection with its review of an application for a Specific Use Permit for the drilling and production of gas wells, the Planning & Zoning Commission may determine that it is necessary to hire a petroleum specialist to assist the Commission in reviewing the application. If such a determination is made, the Planning & Zoning Commission will provide the operator a written “scope of work” that the Commission proposes for such specialist. The Planning & Zoning Commission and the operator will attempt to agree upon the “scope of work”; however, the decision of the Commission shall control. If required by the specialist, the operator will provide a retainer; otherwise, the operator will pay for the services of the specialist after they are rendered. All work performed by the specialist shall be itemized on a daily basis (including a description of the work and the amount of time spent), and such itemization shall be provided to the operator with each request for payment. 3. The Planning & Zoning Commission has the authority to establish guidelines to use in making recommendations for a Specific Use Permit. Guidelines shall be placed in the Oil and Gas Well Manual. 4. A public hearing shall be conducted for all applications for SUP pursuant to Section 6.02 of the Town’s Comprehensive Zoning Ordinance. Notice thereof shall be given in the manner and form required for amendments as set out in Section 8.06 of the Comprehensive Zoning Ordinance, entitled Amendments, and as required by State law; provided however, that notice of such public hearing shall be given to each owner, as indicated by the most recently approved municipal tax roll, of real property within five hundred feet (500’) of the property line or one-thousand feet (1,000’) from the wellhead, upon which an SUP application for oil and / or gas well drilling and production is being considered. If, because of the location of the proposed well site, the application of the notice requirements herein would result in notice being sent only to a sparsely populated area, including, but not limited to only a portion of a subdivision, the Town Manager may, at her discretion require additional notice at the applicant’s expense. F. Oil and Gas Well Permit Required 1. Any person, acting for himself or acting as an agent, employee, independent contractor, or Town Council 133 of 333 Meeting Date: April 26, 2010 servant for any person, shall not engage in the drilling and production of oil or gas wells within the corporate limits of the Town without first obtaining an Oil and Gas Well Permit issued under this Ordinance. An operator may apply for and obtain separate permits covering each well or a “blanket” permit covering multiple wells within a Specific Use Permit. 2 When an Oil and Gas Well Permit has been issued covering a well, the permit shall constitute authority for drilling, operation, production, gathering of production, maintenance, repair, re- working, testing, site preparation consisting of rigs or tank batteries, plugging and abandonment, and any other activity authorized by this Ordinance associated with drilling or production by the operator and their respective employees, agents, and contractors. An Oil and Gas Well Permit shall also constitute authority for the construction and use of all facilities reasonably necessary or convenient in connection therewith, including gathering lines and discharge lines, by the operator and its respective employees, agents, contractors and subcontractors. 3 An Exploration Permit shall be required for exploration for oil or gas. Exploration for oil or gas means geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other sub-surface hydrocarbons. 4. An Oil and Gas Well Permit shall not, however, constitute authority for the re-entering and drilling of an abandoned well. Re-entry and drilling of an abandoned well shall require a new Oil and Gas Well Permit. 5. Applications For Oil and Gas Well Permits Shall Be In Accordance With The Following: a. Shall be submitted in writing, on forms provided by the Town. d. Shall include a copy of the applicable Pipeline Easement Map indicating the gathering station site. c Shall be signed by the operator. d. Shall include the information required by the Oil and Gas Well Manual unless such information has been previously provided to the Town. G. Review of Applications for Oil and Gas Well Permit 1. All applications for Oil and Gas Well Permits shall be filed with the Planning & Zoning Coordinator who shall immediately forward all applications to the Town Designee for review. Incomplete applications shall be returned to the applicant, in which case the Town shall provide a written explanation of the deficiencies if requested by the applicant. The Town shall retain a processing fee determined by the Town’s Fee Schedule, adopted by Ordinance. The Town may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. 2. The Town Designee shall review each application within thirty (30) days after filing and shall determine whether the application includes all of the information required by this Ordinance, whether the application is in conformance with the applicable Oil and Gas Well Development Site Plan, the applicable Specific Use Permit, and whether the application is in conformance with the insurance and security requirements set forth in this Ordinance. The Town Designee shall forward a written report regarding its determination to the operator. 3. The Town Designee shall review the application and the written report of the Fire Marshall and shall issue the Oil and Gas Well Permit within ten (10) days after receiving the Fire Marshall’s report unless it is determined that the application is incomplete or that the application is not in Town Council 134 of 333 Meeting Date: April 26, 2010 conformance with the applicable Development Site Plan and applicable Specific Use Permit. The Town Designee may employ a technical advisor. 4. The Town Designee may condition the release of the approved Oil and Gas Well Permit upon the operator providing the security required by this Ordinance and upon the operator entering into a Road Repair Agreement that will obligate the operator to repair damage excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator’s employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by or contemplated by the approved Oil and Gas Well Permit. 5. The failure of the Town Designee to review and issue an Oil and Gas Well Permit within the time limits specified above shall not cause the application for the permit to be deemed approved. 6. Each Oil and Gas Well Permit issued by the Town shall: a. Identify the name of each well and its operator; b Specify the date on which the Town issued each permit; c. Specify the date by which drilling must commence on at least one (1) well covered by the permit, otherwise the permit expires (such date shall not be less than one [1] year after the date of issuance. A one (1) year extension of time may be granted if existing conditions are the same; d. Specify that if drilling is commenced on at least one (1) well covered by the permit before the permit expires, the permit shall continue until the wells covered by the permit are abandoned and the site(s) restored; e. Incorporate, by reference, the insurance and security requirements set forth in this Ordinance; f. Incorporate, by reference, the requirement for periodic reports and for Notice of Activities set forth in this Ordinance; g. Incorporate the full text of the release of liability provisions set forth in this Ordinance; h. Incorporate, by reference, the conditions of the applicable Development Site Plan and applicable Specific Use Permit; i. Incorporate, by reference, the information contained in the permit application; j. Incorporate, by reference, the applicable rules and regulations of the Railroad Commission, including the applicable “field rules”; k. Specify that no drilling operations (including the construction of internal private access roads) shall commence until the operator has provided the security required by this Ordinance; l. Contain the name, address, and phone number of the person designated to receive notices from the Town, which person must be a resident of Texas, that can be served in person or by registered or certified mail; and m. Incorporate by reference all permits and fees required by the Town. Town Council 135 of 333 Meeting Date: April 26, 2010 n. The decision of the Town Designee to deny an application for an Oil and Gas Well Permit shall be provided to the operator in writing within ten (10) days after the decision, including an explanation of the basis for the decision, if requested by the operator. The operator may appeal any such denial to the Town Council. o. If the Town denies an application for an Oil and Gas Well Permit, nothing herein contained shall prevent a new permit application from being submitted to the Town for the same well. H. Insurance and Indemnification: The operator shall provide or cause to be provided the insurance described below for each well for which an Oil and Gas Well Permit is issued, such insurance to continue until the well is abandoned and the site restored. The operator may provide the required coverage on a “blanket basis for multiple wells”. The operator shall provide an affidavit from the operator’s insurance company certifying that the insurance provided complies with the requirements of this Ordinance. 1. General Requirements: Indemnification and Express Negligence Provisions: a. Each Oil and Gas Well Permit issued by the Town shall include the following language: Operator does hereby expressly release and discharge all claims, demands, actions, judgments, and executions which it ever had, or now has or may have, or assigns may have, or claim to have, against the Town of Trophy Club and/or its departments, its agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under an Oil and Gas Well Permit and the operator caused by or arising out of, that sequence of events which occur from the operator under the Oil and Gas Well Permit and work performed by the operator shall fully defend, protect, indemnify, and hold harmless the Town of Trophy Club, Texas, and/or its departments, agents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in defense of the Town of Trophy Club, Texas, and/or its departments, agents, officers, servants, or employees, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by Operator, its agents, assigns, or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the Operator under an Oil and Gas Well Permit, and the Operator agrees to indemnify and hold harmless the Town of Trophy Club, Texas, and/or its departments, and/or its officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a result of claims, demands, costs, or judgments against the Town and/or, its departments, it's officers, agents, servants, or employees, created by, or arising out of the acts or omissions of the Town of Trophy Club, occurring on the drill site or operation site in the course and scope of inspecting and permitting the gas wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE TOWN OF TROPHY CLUB OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE OIL AND GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE TOWN OF TROPHY CLUB, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE TOWN OF TROPHY CLUB, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR Town Council 136 of 333 Meeting Date: April 26, 2010 CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE TOWN IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT. b. All policies shall be endorsed to read "This policy will not be cancelled or non-renewed without thirty (30) days advanced written notice to the owner and the Town except when this policy is being cancelled for nonpayment of premium, in which case ten (10) days advance written notice is required". c. Liability policies shall be written by carriers licensed to do business in Texas and with companies with A: VIII or better rating in accordance with the current Best Key Rating Guide, or with non-admitted carriers that have a financial rating comparable to carriers licensed to do business in Texas, and approved by the Town. d. Liability policies shall name as "Additional Insured" the Town and its officials, agents, employees, and volunteers. Waivers of subrogation shall be provided in favor of the Town. e. Certificates of insurance must be presented to the Town evidencing all coverage’s and endorsements required by this Ordinance, and the acceptance of a certificate without the required limits and/or coverage’s shall not be deemed a waiver of these requirements. f. Claims made policies will not be accepted except for excess policies or unless otherwise provided by this Ordinance. 2. Required Insurance Coverage: a. Commercial General Liability Insurance: i. Coverage should be a minimum Combined Single Limit of One Million Dollars ($1,000,000) per occurrence for Bodily Injury and Property Damage. This coverage must include premises, operations, blowout or explosion, products, completed operations, blanket contractual liability, underground property damage, broad form property damage, independent contractors protective liability and personal injury. ii. Environmental Impairment (or Seepage and Pollution) shall be either included in the coverage or written as separate coverage. Such coverage shall not exclude damage to the lease site. If Environmental Impairment (or Seepage and Pollution) Coverage is written on a “claims made” basis, the policy must provide that any retroactive date applicable precedes the effective date of the issuance of the permit. Coverage shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants. Coverage shall be a minimum combined single limit of One Million Dollars ($1,000,000.00), per occurrence. b. Automobile Liability Insurance: Minimum Combined Single Limit of Five Hundred Thousand Dollars ($500,000) per occurrence for Bodily Injury and Property Damage. Such coverage shall include owned, non-owned, and hired vehicles. c. Worker's Compensation Insurance: In addition to the minimum statutory requirements, coverage shall include Employer's Liability limits of at least One Hundred Thousand Dollars ($100,000) for each accident, One Hundred Thousand Dollars ($100,000) for Town Council 137 of 333 Meeting Date: April 26, 2010 each employee, and a Five Hundred Thousand Dollars ($500,000) policy limit for occupational disease, and the insurer agrees to waive rights of subrogation against the Town, its officials, agents, employees, and volunteers for any work performed for the Town by the operator. As an alternative to worker’s compensation the operator may provide the equivalent to employer’s liability insurance meeting the requirements of this section. d. Excess (or Umbrella) Liability Insurance: Minimum limit of Ten Million Dollars ($10,000,000) covering in excess of the preceding insurance policies. e. Control of Well Insurance: i. Minimum limit of Five Million Dollars ($5,000,000) per occurrence. ii. Policy shall cover the Cost of controlling a well that is out of control, Re-drilling or Restoration expenses, Seepage and Pollution Damage. Damage to Property in the Operator’s Care, Custody, and Control with a sub-limit of Five Hundred Thousand Dollars ($500,000) may be added. I. Security 1. A security instrument that covers each well must be delivered to the Town before the issuance of the Oil and Gas Well Permit for the well. The instrument must provide that it cannot be cancelled without at least thirty (30) days prior written notice to the Town and, if the instrument is a performance bond, that the bond cannot be cancelled without at least ten (10) days prior written notice for non-payment of premium. The instrument shall secure the obligations of the operator related to the well to: a. Repair damage, excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator’s employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by or contemplated by the Oil and Gas Well Permit; b. Comply with the insurance and security provisions set forth in this Ordinance. c. Pay fines and penalties imposed upon the operator by the Town for any breach of the Oil and Gas Well Permit. d. The security instrument may be in the form of an irrevocable letter of credit or payment bond issued by a bank or surety approved by the Town. The instrument shall run to the Town for the benefit of the Town, shall become effective on or before the date the Oil and Gas Well Permit is issued, and shall remain in effect until the well is abandoned and the site restored. e. A certificate of deposit may be substituted for the letter of credit or payment bond. The certificate shall be issued by a bank in the Town of Trophy Club, Texas, shall be approved by the Town, shall be payable to the order of the Town to secure the obligations of the operator described above, and shall be pledged to the bank with evidence of delivery provided to the Town designee. Interest on the certificate shall be payable to the operator. f. The security instrument may be provided for individual wells or on a “blanket” basis for multiple wells. The amount of the security shall be a minimum of Fifty Thousand Dollars ($50,000) for any single well and a minimum of One Hundred Thousand Dollars Town Council 138 of 333 Meeting Date: April 26, 2010 ($100,000) for multiple wells on a “blanket” basis. g. In the event that the Town determines that the operator’s insurance is insufficient, the security will terminate when the Oil and Gas Well Permit is transferred, with respect to the operator-transferor and if the operator-transferee provides replacement security that complies with this section, when the well is abandoned and the site restored, and when the Town Designee and/or Town Staff consents in writing to such termination. h. An appeal of the determination of the amount of security required under this Ordinance may be made to the Planning and Zoning Commission for recommendation to the Town Council for final determination of the amount of security. J. Periodic Reports 1. The operator shall notify the Planning & Zoning Coordinator of any changes to the following information immediately, within one (1) business day after the change occurs. a. The name, address, and phone number of the operator; b. The name, address, and twenty-four (24) hour phone number of the person(s) with supervisory authority over drilling or operations activities; c. The name, address, and phone number of the person designated to receive notices from the Town, which person must be a resident of Texas that can be served in person or by registered or certified mail; and d. The operator’s Emergency Action Response Plan including “drive-to-maps” from public rights-of-way to each SUP site. e. The operator shall provide a copy of any “incident reports” or written complaints submitted to the Railroad Commission or any other state or federal agency within thirty (30) days after the operator has notice of the existence of such reports or complaints. f. Beginning on December 31st after each well is completed, and continuing on each December 31st thereafter until the operator notifies the Town that the well has been abandoned and the site restored, the operator shall prepare a written report to the Town identifying any changes to the information that was included in the application for the applicable Oil and Gas Well permit that have not been previously reported to the Town. K. Notice of Activities 1. Any person who intends to re-work a well using a drilling rig, to fracture stimulate a well after initial completion, or to conduct seismic exploration involving explosive charges shall give written notice to the Town at least ten (10) days before the activities begin. The notice shall identify where the activities will be conducted and shall describe the activities in reasonable detail, including but not limited to the duration of the activities and the time of day they will be conducted. The notice must also provide the address and twenty-four (24) hour phone number of the person conducting the activities. The person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address, and twenty-four (24) hour phone number of the person conducting the activities. If the Town determines that an inspection by the Town Designee and/or Town Staff is necessary, the operator will pay the Town’s customary charge for the inspection. L. Abandonment of Wells and Pipelines Town Council 139 of 333 Meeting Date: April 26, 2010 1. Abandonment of Wells: Upon abandonment of a well or well site, within sixty (60) days, the well shall be plugged in accordance with the Texas Railroad Commission standards, the site shall be cleaned and cleared of all equipment, holes or excavations filled, and the land graded and returned to its original condition including replanting of vegetation to match the surrounding area. All well casings shall be cut and removed to a depth of at least ten feet (10’) below the surface. 2. Abandonment of Pipelines: Upon abandonment of a pipeline, within (two months) sixty (60) days of abandonment, a pipeline must be purged and plugged in accordance with the rules and regulations of the State of Texas in effect at that time. M. Amended Oil and Gas Well Permits 1. An operator must submit an application to the Planning & Zoning Coordinator to amend an existing Oil and Gas Well Permit, to commence drilling from a new drill site that is not shown on (or incorporated by reference as part of) the existing permit, to relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing permit, or to otherwise amend the existing permit. 2. Applications for amended Oil and Gas Well Permits shall be in writing, shall be on forms provided by the Town Designee, shall be signed by the operator, and shall include the following: a. The application fee as set by Town ordinance; b. A description of the proposed amendments; c. Any changes to the information submitted with the application for the existing Oil and Gas Well Permit (if such information has not previously been provided to the Town); d. Such additional information as is reasonably required by the Town Designee or Town Staff to demonstrate compliance with the applicable Development Site Plan and applicable Specific Use Permit; and e. Such additional information as is reasonably required by the Town Designee or Town Staff to prevent imminent destruction of property or injury to persons. 3. All applications for amended Oil and Gas Well Permits shall be filed with the Planning & Zoning Coordinator. The application shall be immediately forwarded to the Town Designee for review. Incomplete applications may be returned to the applicant, in which case the Town shall provide a written explanation of the deficiencies; however, the Town may retain a processing fee as determined by the Town Designee. The Town may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. 4. If the activities proposed by the amendment are not materially different from the activities covered by the existing Oil and Gas Well Permit, and if the proposed activities are in conformance with the applicable Development Site Plan and applicable Specific Use Permit, then the Town Designee shall approve the amendment within ten (10) days after the application is filed. Town Council 140 of 333 Meeting Date: April 26, 2010 5. If the activities proposed by the amendment are materially different from the activities covered by the existing Oil and Gas Well Permit, and if the proposed activities are in conformance with the applicable Development Site Plan and applicable Specific Use Permit, then the Town Designee shall approve the amendment within thirty (30) days after the application is filed. If, however, the activities proposed by the amendment are materially different and, in the judgment of the Town Designee, might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing permit or that was not otherwise taken into consideration by the existing permit, the Town Designee may require the amendment to be processed as a new Oil and Gas Well Permit application. 6. The failure of the Town Designee to review and issue an amended Oil and Gas Well Permit within the time limits specified above shall not cause the application for the amended permit to be deemed approved. 7. The decision of the Town Designee to deny an amendment to an Oil and Gas Well Permit shall be provided to the operator in writing within ten (10) days after the decision, including an explanation of the basis for the decision. The operator may appeal any such denial to the Town Council. N. Transfer of Oil and Gas Well Permits 1. An Oil and Gas Well Permit may be transferred by the operator with the consent of the Town if the transfer is in writing signed by both parties, and the transferee agrees to be bound by the terms and conditions of the transferred permit, if all information previously provided to the Town as part of the application for the transferred permit is updated to reflect any changes and if the transferee provides the insurance and security required by this Ordinance. The insurance and security provided by the transferor shall be released if a copy of the written transfer is provided to the Town. The transfer shall not relieve the transferor from any liability to the Town arising out of any activities conducted prior to the transfer. O. Remedies of the Town 1. If an operator (or its officers, employees, agents, contractors, subcontractors or representatives) fails to comply with any requirement of an Oil and Gas Well Permit (including any requirement incorporated by reference as part of the permit), the Town Designee and/or Town Staff shall give written notice to the operator specifying the nature of the alleged failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the alleged failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than thirty (30) days unless the alleged failure presents a risk of imminent destruction of property or injury to persons or unless the alleged failure involves the operator’s failure to provide periodic reports. The Fire Marshall may issue a Stop Work Order under the Fire Code. 2. If the operator does not cure the alleged failure within the time specified by the Town Designee and/or Town Staff, the Town Designee and/or Town Staff may notify the Railroad Commission and request that the Railroad Commission take appropriate action (with a copy of such notice provided to the operator), and the Town may pursue any other remedy available under this Ordinance. 3. If the operator does not cure the alleged failure within the time specified by the Town Designee and/or Town Staff, the Town Designee and/or Town Staff may recommend: a. The Town Council to suspend the Oil and Gas Well Permit until the alleged failure is Town Council 141 of 333 Meeting Date: April 26, 2010 cured; or, b. The Town Council to revoke the Oil and Gas Well Permit if the operator fails to initiate and diligently pursue a cure. 4. The decision of the Town Designee and/or Town Staff to recommend suspension or revocation of an Oil and Gas Well Permit shall be provided to the operator in writing at least ten (10) days before any action by the Town Council. 5. If an Oil and Gas Well Permit is revoked, the operator will be given a hearing in front of the Town Council. P. Enforcement, Right of Entry 1. The Town Designee and/or Town Staff is authorized and directed to enforce this Ordinance and the provisions of any Oil and Gas Well Permit. Whenever necessary to enforce any provision of this Ordinance or a Gas Well Permit, or whenever there is reasonable cause to believe there has been a violation of this Ordinance or an Oil and Gas Well Permit, the Town Designee, Town Staff or their designated representatives, may enter upon any property covered by this Ordinance or an Oil and Gas Well Permit at any reasonable time to inspect or perform any duty imposed by this Ordinance. If entry is refused, the Town shall have recourse to every remedy provided by law and equity to gain entry. Q. Penalty 1. It shall be unlawful and an offense for any person to do the following: a. Engage in any activity not permitted by the terms of an Oil and Gas Well Permit issued under this Ordinance; b. Fail to comply with any conditions set forth in an Oil and Gas Well Permit issued under this Ordinance; or c. Violate any provision or requirement set forth under this Ordinance. 2. Any violation of this Ordinance shall be punished by a fine of not more than Two Thousand Dollars ($2,000.00) per day, subject to applicable State law. Each day a violation occurs constitutes a separate violation. (Ord. No. 2003-11, § III, 8-4-03) Code of Ordinances Cross Reference: (Oil and Gas Well Manual), Chapter 5, § 6.01-6.03; (Oil and Gas Well Site Plan), Chapter 5, § 6.02; (Oil and Gas Well Permit Fees), Chapter 1, § 8.04 Town Council 142 of 333 Meeting Date: April 26, 2010 Town Council 143 of 333 Meeting Date: April 26, 2010 LILYFI E L D DRIVE STRA T H F I E L D L A N E RALST O N D R I V E MONA V A L E R O A D B E L L S H I L L L A N E HIG H L A N D S D R I V E RO S E V I L L E D R I V E BROADW AY DRIVE MO RGA N LA NE K ENS INGT O N L A NE G L E B E C O U R T ROSEB A Y C O U R T BA L M A I N C O U R T HIG H L A N D S D R I V E MO S M A N L A N E A R G Y L E L A N E K I N G S F O R D L A N E MORGAN LANE H I G H L A N D S D R I V E BR O N T E C O U R T WI S H A W L A N E MORGAN L A N E BROADWAY DRIVE BO N D I C O V E WA V E R L E Y D R I V E WAVERLEYDRIVE WAVE R L E Y D R I V E ENFIELD DRIVE C H A T S WOODDRIV E TRO P H Y P A R K D R I V E MO N A V A L E R O A D ST R A T H F I E L D L A N E T R O P H Y C L U B D R IV E TROPHYCLUB D R I V E BOBCATBLVD. TR O P H Y C L U B D R I V E ( S L I P R O A D C ) T R O P H Y C L U B D R I V E (S L I P R O A D D) T RO P HY C LUB DRIV E (S LIP ROA D E) TRO P H Y C L U B D R I V E ( S L I P R O A D G ) TRO P H Y C L U B D R I V E ( S L I P R O A D F ) TROPHY CLUB DRIVE (SLIP ROAD J) TROPHY CLUB DRIVE (SLIP ROAD H) TROPHYCLUBDRIVE(SLIPROADL) TROPHYCLUBDRIVE(SLIPROADK) T R O P H Y C L U B D R I V E ( S L I P R O A D M ) D R I V E TR O P H Y C L U B D R I V E ( S L I P R O A D B ) TR O P H Y C L U B D R I V E ( S L I P R O A D A ) GL A S G O W D R I V E AL I S A L A N E ALIS A L A N E GLAS G O W D R I V E GREE N A N D R I V E S T G McLEAN AV E N U E MO N T G O M E R I E A V E N U E M O N T G O M E R I E A V E N U E HI G H L A N D S D R I V E CO A S T A L C O U R T GALL O W A Y B O U L E V A R D V E R A N D A A V E N U E V E R A N D A A V E N U E V E R A N D A A V E N U E S T I R L I N G A V E N U E P R E S T W I C K A V E N U E ED I N B U R G H A V E N U E E D I N B U R G H A V E N U E E D I N B U R G H A V E N U E CARRIC K D R I V E MALIN D R I V E ABBY L A N E ABERDEEN DRIVE GALLOWAY BOULEVARD ROSEBURY LANE LILYFIELD DRIVE A N N A N D A L E W A V E R L E Y D R IV E CHATSWOOD DRIVE ANNANDALE DRIVE H Y D E C O V E K I N G L A N E B A L M O R A L D R I V E T A R O N G A C O V E REDF E R N D R I V E MAC Q U A R I E S T R E E T MI L S O N S P O I N T D R I V E MONA VALE ROAD M O N A V A L E R O A D MO N A V A L E R O A D R A N D W I C K C O U R T MA R T I N C O U R T BU L W A R R A C O V E CR O N U L L A C O U R T YORK S T R E E T KENT STREET CAS T L E R E A G H S T R E E T DAR L I N G H U R S T R O A D MARRI C K V I L L E D R I V E SAW C U T 20 L F 12000's 90 0 0 ' s Condos 9000's 5850's 10000's 9000's CR PD-11 PD-15 R-OHR-10CRR-8 R-12 R-12 GOL F C O U R S E GOLF COURSE GO L F C O U R S E GOLF COURSE NORTHWEST P A R K NORTHEAST P A R K GAS WELL SITE 3H GAS WELL SITE GAS WELL SITE 4H GAS WELL SITE 7H GAS WELL SITE 8H GAS WELL SITE 2H MEDLIN MIDDLE SCHOOL FUTURE NISD HIGH SCHOOL SITE USA TRACT E-406 DR I V E TR O P H Y CLU B VILLAGE C E N T E R PUBLIC OPEN SPACE PUBLIC OPEN SPACE PUBLIC OPEN SPACE PUBLIC OPEN SPACE PUBLIC OPEN SPACE PUBLIC OPEN SPACE PUBLIC OPEN SPACE PRIVATE OPEN SPACE PRIVATE OPEN SPACE PRIVATE OPEN SPACE PUBLIC OPEN SPACE PUBLIC OPEN SPACE PUBLIC OPEN SPACE PRIVATE OPEN SPACE VILLAGE C E N T E R THE HIGHLANDS AT TROPHY CLUB Trophy Club,Texas September 10, 2009 C O N C E P T P L A N 1600800400200 Drawing name: I:\PLA\Trophy Club\PLANNING\EXHIBITS\COMPLETE LAND PLAN\2009_sept10\LND PLN.dwg 1NEIGHBORH O O D 2NEIGHBORH O O D 3NEIGHBORH O O D 4NEIGHBORH O O D 5NEIGHBORH O O D 6NEIGHBORH O O D 7NEIGHBORH O O D 8NEIGHBORH O O D 9NEIGHBORH O O D 0 Town Council 144 of 333 Meeting Date: April 26, 2010 T o w n C o u n c i l 1 4 5 o f 3 3 3 M e e t i n g D a t e : A p r i l 2 6 , 2 0 1 0 T o w n C o u n c i l 1 4 6 o f 3 3 3 M e e t i n g D a t e : A p r i l 2 6 , 2 0 1 0 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: March 29, 2010 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: March 31, 2010 SUBJECT: Public Hearing NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, April 15, 2010 TOWN COUNCIL Monday, April 26, 2010 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, April 15, 2010, to consider changes to the Town of Trophy Club Code of Ordinances, amending Section 5.12 Oil and Gas Well Drilling & Production of Chapter 13–Zoning, including without limitation, amending and adopting new regulations affecting the distance from an existing well to a habitable structure; amending definitions or other miscellaneous items of the Zoning Ordinance as related to this request as deemed necessary. The Town Council will hold a public hearing and consider this item on April 26, 2010, at 7:00 p.m. in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive. Town Council 147 of 333 Meeting Date: April 26, 2010 Chapter 5 – General Land Use Article VI Oil and Gas Well Manual Section 6.01 Standards For Oil and Gas Well Drilling and Production A The drilling and production of an oil or gas well by right or by a Specific Use Permit required by this Article shall include the following standards: 1. Compliance With The Development Site Plan Drilling or production of a well shall not begin until an Oil or Gas Well Development Site Plan is on file and is in compliance with the provisions outlined in this Article and Chapter 13, Section 5.12 of the Code of Ordinances, following approval by the Town Council upon recommendation from the Planning & Zoning Commission. a. The Development Site Plan shall provide for adequate sanitation facilities, access roads, drainage, erosion control and other necessary supporting facilities identified on the Well Development Site Plan. b. The design, location, and arrangement of all driveways and parking spaces shall provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. c. A Road Repair Agreement shall be filed with the Community Development Department of the Town. 2. On-Site Requirements a. A secured entrance gate and a sign shall be required. The sign identifying the entrance to the drill site or operation site shall be reflective. b. Temporary six-foot (6’) chain link or approved alternative fences shall be required to surround drill sites during initial drilling and completion, and shall be locked when no operations personnel are present. c. A removable masonry product wall surrounding producing sites shall be of sufficient height to shield the permanent enclosed equipment from view or seven and one-half feet (7.5’) in height at the top of the wall, whichever is greater, and a wrought iron gate that is a minimum twenty-four feet (24’) wide clear opening, and the gate shall remain locked at all times when no one is present. Fencing facing the thoroughfare will be permanent masonry. (Ord. No. 2007-32 P&Z, § II, Sec. 6.01(A)(2)(c), 11-19-07) d. No refining process, or any process for the extraction of products from gas, shall be carried on at a drill site or operation site, except that a dehydrator and separator may be maintained on a drill site or operation site for the separation of liquids from gas. Any such dehydrator or separator may serve more than one well. Gas Compressor Facilities shall require a Specific Use Permit. All production equipment on an operation site shall be painted and maintained at all times, including pumping units, storage tanks, buildings, and structures. e. Permanent weatherproof signs reading “DANGER NO SMOKING ALLOWED” in a minimum of four inch (4”) lettering shall be posted at the entrance of each drill site and Town Council 148 of 333 Meeting Date: April 26, 2010 Chapter 5 – General Land Use operation site. The sign shall include the phone number for emergency services (9-1-1), the name and phone number for the operator, and the well designation required by the Railroad Commission in two inch (2”) lettering. f. No person shall place, deposit, or discharge or cause or permit to be placed, deposited, or discharged any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse, including wastewater or brine, from any oil or gas operation or the contents of any container used in connection with any oil or gas operation in, into, or upon any public right-of-way, storm drain, ditch or sewer, sanitary drain or sewer, any body of water, or any private property within the corporate limits of the Town. g. All electric lines to production facilities shall be located underground in a manner compatible to those required to be installed in the surrounding areas or subdivision and shall comply with the Town Building Code. h. All fire suppression and prevention equipment required by any applicable federal, state, or local law shall be provided by the operator, at the operator’s cost, and maintenance and upkeep of such equipment shall be the responsibility of the operator. i. No operator shall excavate or construct any lines for the conveyance of fuel, water, gas or petroleum liquids on, under, or through the streets or alleys or other land of the Town without an easement or right-of-way license from the Town, at a price to be agreed upon, and then only in strict compliance with this Article, with other Codes of the Town, and with the specifications established by the Town. j. The digging up, breaking, excavating, tunneling, undermining, breaking up, or damaging of any public street or leaving upon any public street any earth or other material or obstruction, is prohibited unless the operator has first obtained written permission from the Community Development Department, and then only in compliance with specifications established by the department. k. No Oil or Gas Well Permit shall be issued for any well to be drilled within any of the streets or alleys of the Town and/or streets or alleys shown by the Comprehensive Land Use Plan, and no street shall be blocked or encumbered or closed due to any exploration, drilling, or production activities unless prior consent is obtained from the Community Development Manager, and then only temporarily. 3. Operations and Equipment Practices and Standards a. Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, fumes, dust, noise and vibration. b. No person shall permit any lights located on any drill or operation site to be directed in such a manner so that they shine directly on public roads, adjacent property or property in the general vicinity of the operation site. To the extent practicable and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads and adjacent dwellings and buildings within three hundred (300’) feet. c. The operator shall at all times comply with the rules and regulations of the Railroad Commission including but not limited to all applicable Field Rules. d. Internal combustion engines may be used in drilling and producing operations if they have mufflers that will reduce noise to not more than seventy (70) decibels at any point three hundred feet (300’) from the boundary of the drill site or operation site. The noise level during fracing operations shall reduce the noise to not more than eighty (80) Town Council 149 of 333 Meeting Date: April 26, 2010 Chapter 5 – General Land Use decibels at any point three hundred feet (300’) from the boundary of the drill site or operation site. If noise levels at a distance of three hundred feet (300’) exceed eighty (80) decibels, a sound reduction enclosure shall be required around a drilling rig and any internal combustion engines. Only electric motors shall be used for the purpose of pumping oil wells. Electric motors shall be used for compressors located at gas well Specific Use sites. e. There shall be no venting of gas into the open air in residential areas except as allowed by the Railroad Commission and as approved by the Fire Marshall. In parallel to gas gathering pipeline, a flow back line shall be installed to handle water and gas flow back following well fracture treatment. f. Vehicles, equipment, and machinery shall not be placed or located on a drill site or operation site or on any public street, alley, driveway, or other public Right-of-Way in such a way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or controlling fires. g. Well servicing operations shall be scheduled to occur between the hours of 7am-6pm, in accordance with the Town’s Code of Ordinances. h. Air, gas, or pneumatic drilling shall not be permitted. i. For vehicular safety reasons, it shall be the applicant’s responsibility to immediately notify the Town of any substantial accumulations of dirt, dust, mud or other debris deposited on Town thoroughfares by vehicles involved in the well drilling or servicing or pipeline installation process. If Town personnel or other third parties are used for the removal, the cost of such removal shall be paid by the applicant. 4. Storage Tanks and Separators a. An operator is allowed to construct, use, and operate such storage equipment and separation equipment as shown on the application for the Oil & Gas Development Site Plan approved by the Planning & Zoning Commission and the Town Council. b. The use of centralized tank batteries is permitted as shown on the applicable Development Site Plan. c. No meters, storage tanks, separation facilities, or other above ground facilities shall be placed in the one hundred (100) year floodplain. 5. Flow Lines and Gathering Lines a. Each operator shall place an identifying sign at each point where a flow line or gathering line crosses a public street or road. b. Each operator shall place a warning sign for lines carrying H2S (Hydrogen Sulfide) gas as required by the Railroad Commission. If a gas field in the Town is identified as a H2S gas field the operator shall be required to cease operations. c. All flow lines and gathering lines within the corporate limits of the Town (excluding Town utility lines and franchise distribution systems) that are used to transport oil, gas, and/or water shall be limited to the maximum allowable operating pressure applicable to the pipes installed and shall be installed with at least the minimum cover or backfill specified by the American National Safety Institute Code, as amended. Town Council 150 of 333 Meeting Date: April 26, 2010 Chapter 5 – General Land Use d. Easements must be acquired for all flow lines, gathering lines and flow back lines. The location of easements shall be shown in a map approved by the Planning & Zoning Commission and the Town Council prior to the installation of any pipelines. e. Structures shall not be built over flow lines or gas gathering pipelines. f. The location of all pipelines must be marked with warning signs in accordance with industry standards. Within the Town of Trophy Club, the distance between such signs shall not exceed five hundred feet (500’). In addition, during backfill of pipeline excavations, “Buried Pipeline” warning tape shall be buried one foot (1’) above the pipeline to warn future excavators of the presence of buried pipeline. 6. Additional Safety and Environmental Requirements a. The drilling and production of oil and gas and accessing the oil or gas well site shall be in compliance with all State and Federal environmental regulations and shall not occur within Environmentally Sensitive Areas designated by the Corps of Engineers. b. Oil and Gas wells may have a target location or bottom-hole location that is under an Environmentally Sensitive Area when the oil or gas well is drilled directionally from a location outside the Environmentally Sensitive Area. c. Each producing well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All wellheads shall contain an emergency shut off valve to the well distribution line. d. Each storage tank shall be equipped with a level control device that will automatically activate a valve to close the well in the event of excess liquid accumulation in the tank. e. Storage tank facilities shall be equipped with a secondary containment system including lining with an impervious material. The secondary containment system shall be of a sufficient height to contain one and one-half (1½) times the contents of the largest tank in accordance with the Fire Code, and the impervious liner shall be covered with at least one foot (1’) of sand. Drip pots shall be provided at pump out connections to contain the liquids from the storage tank. f. Tank battery facilities shall be equipped with a remote foam line utilizing a 2.5” National Standard Hose Thread female inlet connection in locations approved by the Fire Department. A lightning arrestor system shall be installed according to the most current edition of the National Electrical Code. g. An approved Hazardous Materials Management Plan shall be on file with the Fire Department. The costs of cleanup operations due to hazards associated with a well site shall be the responsibility of the applicant. h. All wells shall be abandoned in accordance with the rules of the Railroad Commission; however, all well casings shall be cut and removed to a depth of at least ten feet (10’) below the surface. i. No structures shall be built over an abandoned well. j. No salt-water disposal wells shall be located within the Town of Trophy Club. k. An impervious lining of all pits shall be required. Town Council 151 of 333 Meeting Date: April 26, 2010 Chapter 5 – General Land Use l. Following completion of drilling operations or when a drill site is abandoned the operator shall restore the site within sixty (60) days as near as practical to its pre-drilling condition. 7. Supplemental Drilling a. Supplemental drilling to deepen or directional drill an existing well shall be conducted in accordance with the conditions for the applicable Specific Use Permit or underlying zoning classification that permits oil and gas development by right. The operator shall provide the Planning & Zoning Coordinator a copy of additional Railroad Commission permits that allow drilling to a deeper depth. b. Supplemental drilling to deepen or directional drill an existing well shall be conducted in accordance with the approved Oil and Gas Well Permit for the well on file with the Town. 8. Drilling and production of oil and gas wells shall comply with all local, State and Federal laws applicable to oil and gas well drilling, production and operations. (Ord. No. 2007-32 P&Z, § II, Sec. 6.01(A)(2)(c), 11-19-07, Ord. No. 2003-12 P&Z, § II, 8-4-03) Code of Ordinances Cross Reference: (Hours of Well Servicing Operations), Chapter 8, § 1.01; (Oil & Gas Well Manual), Chapter 13, § 5.12 Town Council 152 of 333 Meeting Date: April 26, 2010 Chapter 5 – General Land Use Section 6.02 Requirements Specific to an Oil and Gas Well Development Site Plan A Any person who proposes extraction of oil or gas on a tract of land located within the corporate limits of the Town of Trophy Club shall prepare an Oil or Gas Well Development Site Plan. In addition to the requirements outlined in the Oil and Gas Well Development Site Plan Checklist, the following shall apply: 1. All proposed oil or gas developments shall be in compliance with the Specific Use Permit applicable to the oil or gas well location; 2. Erosion control is required and shall comply with all local, State and Federal requirements. The operator shall file a copy of the Storm Water Pollution Plan if required by the EPA; 3. Reserve pits shall be lined to prevent water pollution; 4. With the exception of vehicular access, no development is allowed in a floodplain; 5. Prior to approval of an Oil or Gas Well Development Site Plan, a Road Repair Agreement that will obligate the operator to repair damage to public streets, including but not limited to bridges, caused by the operator (or by the operator’s employees, agents, contractors or representatives) in the performance of any activity authorized by or contemplated by the approved Oil or Gas Well Permit must be executed with the Town of Trophy Club. The Town Manager shall have the authority to execute the Road Repair Agreement upon approval by the Town Council; and 6. A video documenting the existing conditions will be required prior to approval of the Road Repair Agreement. 7. An Oil & Gas Well Development Site Plan shall: a. Identify truck routes and access points; and b. Identify Environmentally Sensitive Areas (ESA’s) including floodplains and any proposed floodplain, creek and stream crossings. i. All floodplain, creek and stream crossings, if not at grade, shall be designed to a 10-year storm frequency. ii. All floodplain crossings shall have no negative affects on surrounding property. iii. A drainage study sufficient to substantiate the above requirements will be required as part of the submittal if crossings are proposed. c. Identify and indicate the proposed method of erosion control. 8. The drilling rig and associated drilling equipment shall be removed from the well site within thirty (30) days of the completion of the well or drilling activities. (Ord. No. 2003-12 P&Z, § II, 8-4-03) Code of Ordinances Cross Reference: (Oil & Gas Well Site Plan), Chapter 13, § 5.12 Town Council 153 of 333 Meeting Date: April 26, 2010 Chapter 5 – General Land Use Section 6.03 Penalty It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 2003-12 P&Z, § III, 8-4-03) (Code of Ordinances Cross Reference: (Oil and Gas Well Manual), Chapter 13, § 5.12 Town Council 154 of 333 Meeting Date: April 26, 2010 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2010-XX P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE TOWN, ENTITLED “ZONING”, ARTICLE V, ENTITLED “SUPPLEMENTARY DISTRICT REGULATIONS”, SECTION 5.12 ENTITLED “OIL AND GAS WELL DRILLING AND PRODUCTION”, SUBSECTION B. “DEFINITIONS” AND C. “OIL AND GAS WELL DRILLING AND PRODUCTION BY SPECIFIC USE PERMIT (SUP)” RELATIVE TO THE ALLOWABLE DISTANCE FROM A WELLHEAD TO A HABITABLE STRUCTURE; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING DEFINITIONS; PROVIDING A DISTANCE FROM WELLHEAD TO HABITABLE STRUCTURE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, (the “Town”) has the authority and power to adopt regulations governing the use of land in the interest of the public health, safety and welfare of its citizens and providing for the orderly development of land within the Town; and WHEREAS, safety, aesthetic, land use and other concerns create the need to enact provisions regulating the operation and impact of oil and gas wells; and WHEREAS, the Planning & Zoning Commission and the Town Council now deems it necessary for the safe, orderly and healthful development of the Town, and in the best interest of the Town of Trophy Club, Texas, to amend Section 5.12 “Oil and Gas Well Drilling & Production of Article V-Supplementary District Regulations of Chapter13-Zoning; and WHEREAS, the amendments have been reviewed by the Town’s Planning & Zoning Commission, and after holding the required public hearing, the Planning & Zoning Commission recommends approval of such amendments; and WHEREAS, all legal notices, required public hearings and other conditions required by law having been complied with, the proposed Drilling Ordinance was considered by the Planning & Zoning Commission and the Town Council; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council 155 of 333 Meeting Date: April 26, 2010 SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. FINDINGS After due deliberations and consideration of the recommendation of the Planning & Zoning Commission and the information and other materials received at the public hearings, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and welfare and is consistent with the Town’s Comprehensive Land Use Plan. SECTION 3. AMENDMENT Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.12 Oil and Gas Well Drilling & Production, Section B and C are hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: Section 5.12 Oil and Gas Well Drilling & Production B. Definitions All technical industry words or phrases related to the drilling and production of oil and gas wells not specifically defined shall have the meanings customarily attributable thereto by prudent operators in the oil and gas industry. For the purposes of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Abandonment: “Abandonment” as defined by the Railroad Commission and includes the plugging of the well and restoration of the drill site as required by this Ordinance. Applicant/Permittee: A person to whom a permit or certificate for the drilling, operation and production of a well, or the installation or operation of a pipeline, is issued under this Ordinance, including, but not limited to, his or her heirs, legal representatives, successors or assigns. Drill Site: The area used for drilling, completing, or re-working a well. Drilling: Any digging or boring of a new well to develop or produce oil or gas or to inject gas, water, or any other fluid or substance into the earth. Drilling means and includes the re-entry of an abandoned well. Drilling does not mean or include the re-entry of a well that has not been abandoned. Town Council 156 of 333 Meeting Date: April 26, 2010 Exploration: Geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other sub-surface hydrocarbons. Fire Code: The Fire Code adopted by the Town of Trophy Club, as amended. Gas: Gas or natural gas, as such terms are used in the rules, regulations, or forms of the Railroad Commission. Gas Well: Any well drilled for the production of gas or classified as a gas well under the Texas Natural Resources Code or the Railroad Commission. Gas Well Permit: A Gas Well Permit applied for and issued or denied under this Ordinance authorizing the drilling, production, and operation of one or more gas wells. Gathering Station: Specific Use site where the gathering lines for all the wells converge. Habitable Structure: Structures suitable for human habitation or occupation. A habitable structure shall not include accessory buildings, garages and sheds. Any structure for which a certificate of occupancy is required shall be deemed to be a habitable structure. Hazardous Materials Management Plan: The hazardous materials management plan and hazardous materials inventory statements required by the Fire Code. New Well: A new well bore or new hole established at the ground surface and shall not include the re-working of an existing well that has not been abandoned unless the rework intends to drill to a deeper total depth, which shall require a new well permit. Oil: Oil, as such terms are used in the rules, regulations, or forms of the Railroad Commission. Oil & Gas Well Manual: Adopted by Town Council of the Town of Trophy Club, Texas. Oil Well: Any well drilled for the production of oil or classified as an oil well under the Texas Natural Resources Code or the Railroad Commission. Oil Well Permit: An Oil Well Permit applied for and issued or denied under this Ordinance authorizing the drilling, production, and operation of one or more oil wells. Operation Site: The area used for development and production and all related operational activities of oil and gas after drilling activities are complete. Operator: For each well, the person listed on the Railroad Commission Form W-1 or Form P-4 for an oil or gas well. Person: Includes both the singular and plural and means an individual person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, and a fiduciary or representative of any kind. Petroleum Specialist: A person familiar with and educated in the oil and gas industry who has been retained by the Town. Town Council 157 of 333 Meeting Date: April 26, 2010 Pipeline Easement Map: A map indicating all gathering line easements. The easements must be located separately from the utility easements. Railroad Commission: The Railroad Commission of Texas. Structure: Any building intended for shelter, occupancy, housing or enclosure for persons, animals, cattle or storage. Town: The Town of Trophy Club, Texas. Town Designee: Qualified oil and gas consultant as determined by the Town Manager. Town Staff: Employees and independent contractors performing services for the Town of Trophy Club, including but not limited to the Fire Marshall. Well: A hole or bore to any horizon, formation, or strata for the purpose of producing oil, gas, or other liquid hydrocarbons. Wellhead: A fitting (usually forged or cast steel) on the top of a well. C. Oil and Gas Well Drilling and Production “By Specific Use Permit (SUP)” 1. The drilling and production of oil and gas within the corporate limits of the Town shall be permitted by Specific Use Permit provided that the property line of any residential structure or public building, institution or school is a minimum of one-thousand feet (1,000’) from the wellhead and provided that the drilling and production of oil or gas meets the following requirements: a. All applicable standards set forth in this Ordinance and the Oil & Gas Well Manual, Standards for Oil and Gas Well Drilling and Production; b. An approved Oil and Gas Well Development Site Plan and a Road Repair Agreement are on file with the Town; and c. An Oil or Gas Well Permit has been issued by the Town. 2. Except as specifically provided herein, the drilling and production of oil and gas within the corporate limits of the Town shall be permitted by Specific Use Permit as close as two hundred fifty feet (250’) from the wellhead to the property line of a property with a residence located on it if all property owners agree in writing and provided that the drilling and production of oil or gas meets the requirements of this Ordinance and a Specific Use Permit. 3. Upon request of a property owner, operator, or other applicant for SUP (collectively referred to herein as “Applicant”), the Town Council, upon recommendation by the Planning and Zoning Commission, shall hear and shall seriously and fairly consider a request for a waiver from the requirement for a one-thousand foot (1,000’) setback specified in subparagraph 1 of this Section. A waiver may be authorized and will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of the setback requirement will result in unnecessary hardship, including a substantial economic hardship; or the setback requirement would prevent an Applicant from accessing his/her mineral interest. Applicant may make such request for waiver as a part of his/her SUP application. 4. If a gas well is no longer being drilled but has been fitted with a wellhead and is a Town Council 158 of 333 Meeting Date: April 26, 2010 Producing Well, the distance from wellhead to habitable structure shall be a minimum of 200-ft. For this Subsection 4 only, a “Producing Well” is defined as: Gas is produced from the well, but the rig used to drill and complete the well has moved off the well and the top of the well is outfitted with a wellhead. SECTION 4. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved as to any and all violations of the provisions of any Ordinances affecting oil and gas drilling and/or development which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 6. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Town Council 159 of 333 Meeting Date: April 26, 2010 SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 9. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 26th day of April, 2010. Mayor Town of Trophy Club, Texas Effective Date: [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas Town Council 160 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-214-T Name: Status:Type:Agenda Item Passed File created:In control:4/12/2010 Town Council On agenda:Final action:4/26/2010 4/15/2010 Title:Public Hearing to Consider an Amendment to PD-Planned Development District No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit “B” - Development Standards, Section VI. Development and Design Standards, “C” Screening and Fencing, and Section IV, Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Attachments:Staff Report - TC.pdf Application.pdf 041510 Public Hearing - Newspaper Driveway Gates.pdf 041510 Public Hearing - Newspaper Lot Type 4 Lot Coverage.pdf PON Explanation.pdf Property Owners - 200-ft.pdf PD-27 2007-15 Amended REDLINE.pdf Ordinance 2010-XX P&Z.pdf Action ByDate Action ResultVer. Planning & Zoning Commission4/15/2010 1 Town Council 161 of 333 Meeting Date: April 26, 2010 12010-214-T Version:File #: Title Public Hearing to Consider an Amendment to PD-Planned Development District No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit “B” - DevelopmentStandards, Section VI. Development and Design Standards, “C” Screening and Fencing, and Section IV, Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Town Council 162 of 333 Meeting Date: April 26, 2010 TOWN COUNCIL April 26, 2010 SUBJECT: Public Hearing to Consider an Amendment to PD-Planned Development District No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit “B” – Development Standards, Section VI. Development and Design Standards, “C” Screening and Fences, and Section IV, Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) REQUEST: To amend the screening and fencing requirements for PD-27, The Highlands at Trophy Club, to allow: (1) a gate and fencing across the front driveway, and (2) an increase in lot coverage of Lot Type 4 lots from 40% to 43%. The Planning and Zoning Commission heard this item on April 15, 2010, and requested further discussion of the increase in lot coverage for Lot Type 4 lots; therefore, that portion of this item is removed from the Council’s consideration. The Planning and Zoning Commission will have further discussion on May 6 on the requested change to Lot Type 4 lot coverage and possibly make a recommendation to Council for the May 17 agenda. Screening and Fencing Requirements If a gate and fencing across a driveway is approved for Lot Types 1, 2, and 3, the following definitions shall be added to Section III “Definitions”: Main Structure: The primary residence to be constructed on any Lot. Primary Residence: The dwelling place that a person occupies for the largest part of the calendar year. This establishes a person's legal residence for voting, tax, and other legal purposes. The applicant asks to add the following as No. 6 of Section C. “Screening and Fences” of Section VI. “Development and Design Standards” of Exhibit B “Development Standards” of PD-27: 6. Lot Types 1, 2, and 3 may have a gate and associated fencing located parallel to, and even with the front facade of the Main Structure on the Lot, Town Council 163 of 333 Meeting Date: April 26, 2010 but at no point shall the gate and associated fencing be located beyond the front facade of the Main Structure per the following requirements: a. The gate shall cross the driveway. b. The hinge-end(s) of the gate(s) shall terminate into a minimum 2’x 2’ masonry structure, the Main Structure, or an Accessory Building. c. The gate and associated fencing material shall be wrought-iron, no wooden fence material will be allowed on any portion of the Lot from a point 10’ behind the front Build Line forward to the street right-of-way on which the Main Structure faces. d. The side yard fencing adjacent to the gate shall be wrought iron from the front building line to a point 10’ behind the front Building Line, at which point it shall transition to the required material for that remaining side yard area. e. If the Lot is located adjacent to a masonry screening wall, the wrought iron fence located parallel to, and even with the front facade of the Main Structure shall terminate at the point of contact with the masonry screening wall. In no instance shall the wrought iron fence extend down the side yard property line creating a “double-fencing” situation with the masonry screening wall. PUBLIC HEARING: Town of Trophy Club regulations require placement of a notice of public hearing in the local newspaper. A notice was published on March 31, 2010, for the April 15 P&Z meeting, with a courtesy reminder placed in the newspaper on April 14, regarding the Council consideration of this item on April 26, 2010. All property owners (153) within PD-27 were notified of this request. A copy of the notification and list of property owners is attached. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission made the following recommendation for the driveway gate and associated fencing: Commissioner Sheridan made a motion recommending approval to the Town Council for an amendment to PD-27 (Planned Development No. 27) to allow a gate and associated fencing on Lot Types 1, 2, and 3 in The Highlands at Trophy Club. The motion was seconded by Vice Chairman Stephens. Ayes: Hill, Reed, Ashby, Davidson, Forest, Sheridan, Stephens Nays: None Action: 7-0, Approved The Planning and Zoning Commission discussion of this item was as follows: Town Council 164 of 333 Meeting Date: April 26, 2010 Commissioner Ashby asked for the height. Mr. Lenart responded that the height would be as allowed by the current regulations – up to 6-ft. in height. Mr. Ashby was concerned about staggered front build lines and a hodge-podge of fencing. Mr. Lenart responded that Lot Types 1, 2, and 3 have the same front setback [25-ft.]. Lot Type 4 has staggered front setbacks but this request involves Lot Types 1, 2, and 3 only. The home doesn’t have to be placed at the front building line, so there is potential for offset, but most are built at the front building line. Commissioner Reed stated that he believes 99% of the builders are going to build at the building line. Commissioner Sheridan stated that on Glen Eagles there is a stucco house with a gate and columns that has a wood fence, set back, and it is the only house on the street with a gate. It doesn’t look bad. This would look good – my opinion. Commissioner Davidson: “I assume the intent is to create a play area in the dead area where the garage sits.” Mr. Lenart responded that it was communicated to them that the builders would like to create a play courtyard. He stated that he doesn’t believe play equipment would be allowed in the front yard area. Commissioner Davidson asked if wrought iron will affect the other side of the house. Mr. Lenart responded that it would not. The wrought iron portion is the gate that crosses the driveway. The other side of the house would be the typical wood fence 10-ft. behind the front building line. The wrought iron gate and fencing would affect the driveway side only. Commissioner Davidson stated that if the builders all build this type of model with gated driveway then a drive gate and offset back would stagger down the street. Mr. Lenart stated that it would depend on the flip of the home, but he doesn’t believe the same courtyard look will be built on each house. Commissioner Davidson asked if a driveway to driveway situation occurred could there be a shared column. Mr. Lenart responded that there would not be a shared column as typically the column would not be at the property line but would be close to the driveway and then the wrought iron fence corner would turn back down the side property line. That column structure would not typically be placed on the side property line because that is where drainage is usually located. There would generally be a minimum 5-ft. distance from the masonry column to the side property line. Commissioner Sheridan asked that a definition for “primary residence” be added. (ch) Attachments: Application PD-27 2007-15 Amended REDLINE Public Hearing Notice(s) Property Owner Notice/List Ordinance 2010-XX P&Z Town Council 165 of 333 Meeting Date: April 26, 2010 To w n Co u n c i l 16 6 of 33 3 Me e t i n g Da t e : Ap r i l 26 , 20 1 0 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: March 29, 2010 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: Wednesday, March 31, 2010 SUBJECT: Public Hearing NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, April 15, 2010 TOWN COUNCIL Monday, April 26, 2010 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, April 15, 2010, to consider: Amending Ordinance No. 2007-15 P&Z, PD Planned Development District No. 27, The Highlands at Trophy Club, to amend Exhibit “B” Development Standards to allow Lot Types 1, 2, and 3 to have a gate and associated fencing across the driveway; and other miscellaneous changes to PD-27 as related to this request as deemed necessary. The Town Council will hear the above item on April 26, 2010, at 7:00 p.m. in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive. Town Council 167 of 333 Meeting Date: April 26, 2010 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: April 6, 2010 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: Wednesday, April 14, 2010 SUBJECT: Public Hearing COURTESY NOTICE – Previously Advertised March 31, 2010 NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, April 15, 2010 TOWN COUNCIL Monday, April 26, 2010 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, April 15, 2010, to consider: Amending Ordinance No. 2007-15 P&Z, PD Planned Development District No. 27, The Highlands at Trophy Club, to amend Exhibit “B” Development Standards to allow Lot Type 4 to have 43% lot coverage, and other miscellaneous changes to PD-27 as related to this request as deemed necessary (request is part of item for Driveway Gate request previously advertised). The Town Council will hear the above item on April 26, 2010, at 7:00 p.m. in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive. Town Council 168 of 333 Meeting Date: April 26, 2010 T o w n C o u n c i l 1 6 9 o f 3 3 3 M e e t i n g D a t e : A p r i l 2 6 , 2 0 1 0 T o w n C o u n c i l 1 7 0 o f 3 3 3 M e e t i n g D a t e : A p r i l 2 6 , 2 0 1 0 T o w n C o u n c i l 1 7 1 o f 3 3 3 M e e t i n g D a t e : A p r i l 2 6 , 2 0 1 0 T o w n C o u n c i l 1 7 2 o f 3 3 3 M e e t i n g D a t e : A p r i l 2 6 , 2 0 1 0 BDMR Development LLC 1221 N. Interstate 35E, #200 Carrollton, TX 75006-3806 Drees Custom Homes LP 6225 N. State Hwy 161, Suite 400 Irving, TX 75038-2225 High Trophy Development LP 1221 N. Interstate 35E #200 Carrollton, TX 75006-3806 K. Hovnanian Homes DFW LLC 5808 W. Plano Parkway Plano, TX 75093-4636 Centex Homes 1234 Lakeshore Dr., Suite 750a Coppell, TX 75019-4973 Lennar Homes of Texas 1707 Market Place, Suite 270 Irving, TX 75063 First Texas Homes 2221 E. Lamar Street, Suite 960 Arlington, TX 76006-7419 Standard Pacific of Texas LP 6333 N. State Highway 161 #350 Irving, Tx 75038-2228 Goodman Family of Builders LP 5808 W. Plano Parkway Plano, TX 75093-4636 Mercedes Homes of Texas LTD 4100 Alpha Rd., Suite 915 Dallas, TX 75244-4325 Gerald & Lynn Challender 2518 Morgan Lane Trophy Club, TX 76262 Alex & Mei De Cicco 2520 Morgan Lane Trophy Club, TX 76262 Stephen & Cathryn Babineaux 2522 Morgan Lane Trophy Club, TX 76262 Brenda Mahan 2524 Morgan Lane Trophy Club, TX 76262 Kristof & Katarzyna Koster 2526 Morgan Lane Trophy Club, TX 76262 Lary & Billie Wommack 2532 Morgan Lane Trophy Club, TX 76262 Lamonte & Emily Yorke 2534 Morgan Lane Trophy Club, TX 76262 Mohammad Burney 2536 Morgan Lane Trophy Club, TX 76262 Gary Stone 2538 Morgan Lane Trophy Club, TX 76262 Ming-shan Yang & Shu-ting Chang 2540 Morgan Lane Trophy Club, TX 76262 Wendy Williams 2544 Morgan Lane Trophy Club, TX 76262 Javed & Farzana Mannan 2547 Morgan Lane Trophy Club, TX 76262 Lucie & Adam Spicar 2545 Morgan Lane Trophy Club, TX 76262 James & Lea Drewery 2543 Morgan Lane Trophy Club, TX 76262 Michael & Jennifer Guenthardt 2531 Morgan Lane Trophy Club, TX 76262 Ryan & Jenny Wilson 2529 Morgan Lane Trophy Club, TX 76262 Elliott Young & Linda Smith 2525 Morgan Lane Trophy Club, TX 76262 Jamie & Dana Kizer 2523 Morgan Lane Trophy Club, TX 76262 Scott Kasden 2521 Morgan Lane Trophy Club, TX 76262 Ryan & Patia Boomsma 2519 Morgan Lane Trophy Club, TX 76262 Town Council 173 of 333 Meeting Date: April 26, 2010 Robert & Wendy Murray 2522 Roseville Dr. Trophy Club, TX 76262 Keith & Melissa Killebrew 2520 Roseville Dr. Trophy Club, TX 76262 Philip & Deborah Marzano 2518 Roseville Dr. Trophy Club, TX 76262 Brian & Lisa Hunter 2516 Roseville Dr. Trophy Club, TX 76262 Charles & Denise Woodside 2731 Broadway Dr. Trophy Club, TX 76262 John Trapani 2733 Broadway Dr. Trophy Club, TX 76262 John & Theresa Giustra 2735 Broadway Dr. Trophy Club, TX 76262 Clifton Harris 2737 Broadway Dr. Trophy Club, TX 76262 Arturo Perez 2739 Broadway Dr. Trophy Club, TX 76262 Tinku & Asha Abraham 2732 Broadway Dr. Trophy Club, TX 76262 Antonio & Yolanda Perez 2728 Broadway Dr. Trophy Club, TX 76262 Joseph & Jacqueline Speake 2726 Broadway Dr. Trophy Club, TX 76262 Charles & Patti Mores 2716 Broadway Dr. Trophy Club, TX 76262 Klaus Schonewald 2714 Broadway Dr. Trophy Club, TX 76262 Charles Cherry & Angela Nix-Cherry 2712 Broadway Dr. Trophy Club, TX 76262 Shirlee Geer 2710 Broadway Dr. Trophy Club, TX 76262 Jeffrey & Sandy Gartland 2708 Broadway Dr. Trophy Club, TX 76262 Randal & Sandra Magg 2706 Broadway Dr. Trophy Club, TX 76262 Janet Messenbrink 2704 Broadway Dr. Trophy Club, TX 76262 Andrew & Kara Clugston 2702 Broadway Dr. Trophy Club, TX 76262 Rosario Aldieri 2700 Broadway Dr. Trophy Club, TX 76262 Rogers & Judith Warren 2717 Broadway Dr. Trophy Club, TX 76262 Michael & Victoria Birckett 2715 Broadway Dr. Trophy Club, TX 76262 Giuseppe Polizzi 2543 Broadway Dr. Trophy Club, TX 76262 Dickens Benoit 2541 Broadway Dr. Trophy Club, TX 76262 Jeff & Carrie Fowler 2537 Broadway Dr. Trophy Club, TX 76262 Tim & Michelle Glaser 2533 Broadway Dr. Trophy Club, TX 76262 Ty & Aprille Brewer 2533 Broadway Dr. Trophy Club, TX 76262 Richard & Kimberly Mayberry 2531 Broadway Dr. Trophy Club, TX 76262 Christina Ullrich 2527 Broadway Dr. Trophy Club, TX 76262 Town Council 174 of 333 Meeting Date: April 26, 2010 Michelle Sharma 2519 Broadway Dr. Trophy Club, TX 76262 Ivan & Edna Prosperi 2517 Broadway Dr. Trophy Club, TX 76262 Constance Edwards 2624 Broadway Dr. Trophy Club, TX 76262 Mark Kahapea 2600 Broadway Dr. Trophy Club, TX 76262 Debra Taylor 2524 Broadway Dr. Trophy Club, TX 76262 Dean & Liza Bobel 2522 Broadway Dr. Trophy Club, TX 76262 Gregory & Christine Phillips 2520 Broadway Dr. Trophy Club, TX 76262 David & Hayley Little 2518 Broadway Dr. Trophy Club, TX 76262 Jerry & Sandra Griffin 2609 Broadway Dr. Trophy Club, TX 76262 James & Deana Sabey 2601 Broadway Dr. Trophy Club, TX 76262 Frank Vegely 2416 Rosebury Lane Trophy Club, TX 76262 Joseph & Lindsey Patti 2414 Rosebury Lane Trophy Club, TX 76262 Randall & Donna Conn 2452 Lilyfield Dr. Trophy Club, TX 76262 Kang Po Chin 2454 Lilyfield Dr. Trophy Club, TX 76262 Charles & Barbara Boedeker 2422 Lilyfield Dr. Trophy Club, TX 76262 Dolores H. Ziluca Trust 2412 Lilyfield Dr. Trophy Club, TX 76262 Christopher & Jennifer Dormer 2402 Lilyfield Dr. Trophy Club, TX 76262 Joel Ray & Dale Fodness 2403 Lilyfield Dr. Trophy Club, TX 76262 Tanda & Robert Russell 2405 Lilyfield Dr. Trophy Club, TX 76262 Scott Folley 2407 Lilyfield Dr. Trophy Club, TX 76262 Marc & Sherry Thiltgen 2411 Lilyfield Dr. Trophy Club, TX 76262 Marvin & Valerie Jones 2413 Lilyfield Dr. Trophy Club, TX 76262 Anthony & Stacey Mullins 2415 Lilyfield Dr. Trophy Club, TX 76262 Faye & James Jaraczewski 2417 Lilyfield Dr. Trophy Club, TX 76262 Michael & Susan Fitzgerald 2421 Lilyfield Dr. Trophy Club, TX 76262 Jesus Monroy 2423 Lilyfield Dr. Trophy Club, TX 76262 Leigh Anne Harville 2512 Mona Vale Rd. Trophy Club, TX 76262 Sunday & Steve Leek 2505 Mona Vale Rd. Trophy Club, TX 76262 Kimie & Mark Lishman 2513 Mona Vale Rd. Trophy Club, TX 76262 Geoffrey & Fawn Rohrer 2519 Mona Vale Rd. Trophy Club, TX 76262 Town Council 175 of 333 Meeting Date: April 26, 2010 Stanley & Elizabeth Sokul 2606 Bellshill Lane Trophy Club, TX 76262 Jose & Heather Maher 2516 Ralston Dr. Trophy Club, TX 76262 Harry Freed 2514 Ralston Dr. Trophy Club, TX 76262 Winston & Michelle Hermann 2512 Ralston Dr. Trophy Club, TX 76262 Kristen & Daniel Biesiadecki 2505 Ralston Dr. Trophy Club, TX 76262 CWS Logistics Ltd 10-75 Scurfield Blvd. Winnipeg WB R3Y 1P6 CANADA Andrew Guenther 2511 Ralston Dr. Trophy Club, TX 76262 Jason & Mary Childree 2517 Ralston Dr. Trophy Club, TX 76262 Thomas & Kim McLain 2519 Ralston Dr. Trophy Club, TX 76262 Melvin Sebastian & Deby Karote 2403 Strathfield Lane Trophy Club, TX 76262 Wen Ren 2512 Strathfield Lane Trophy Club, TX 76262 Greg & Amy Langford 2515 Strathfield Lane Trophy Club, TX 76262 Lowell & Kim Strike 2521 Strathfield Lane Trophy Club, TX 76262 Henry & Christina Dickman 2603 Strathfield Lane Trophy Club, TX 76262 Ronald & Linda Hesslein 2609 Strathfield Lane Trophy Club, TX 76262 Gary Jackson & Sylvia Genco-Whitley 2213 Carrick Dr. Trophy Club, TX 76262 Michael & Ruthie Holland 2200 Carrick Dr. Trophy Club, TX 76262 Ralf & Grace Kalup 2202 Carrick Dr. Trophy Club, TX 76262 Ricky & Kenda Peterson 2204 Carrick Dr. Trophy Club, TX 76262 Nic & Ver-lee Cheneweth 2208 Carrick Dr. Trophy Club, TX 76262 Sion & Shannon Alford 2206 Prestwick Ave. Trophy Club, TX 76262 Scott Bahr 2204 Prestwick Ave. Trophy Club, TX 76262 Scott & Alicia Bakere 2236 Edinburgh Ave. Trophy Club, TX 76262 Greg & Amanda Fox 2234 Edinburgh Ave. Trophy Club, TX 76262 Jeremy & Kimberly Darden 2232 Edinburgh Ave. Trophy Club, TX 76262 Rachel & Fernando Baton 2228 Edinburgh Ave. Trophy Club, TX 76262 Murland & Janis Schnaidt 2218 Edinburgh Ave. Trophy Club, TX 76262 2216 Edinburgh Avenue Trust 2216 Edinburgh Ave. Trophy Club, TX 76262 Charles & Judith Rutan 2214 Edinburgh Ave. Trophy Club, TX 76262 David Fesperman P.O. Box 499 Trophy Club, TX 76262 Town Council 176 of 333 Meeting Date: April 26, 2010 Francis Brown 2227 Edinburgh Ave. Trophy Club, TX 76262 Richard & Terri Wysor 2219 Edinburgh Ave. Trophy Club, TX 76262 Terrence & Amy Mick 2217 Edinburgh Ave. Trophy Club, TX 76262 Joe & Eloise Bailey 2213 Aberdeen Dr. Trophy Club, TX 76262 Christopher Douglas & Gina Vines 2205 Aberdeen Dr. Trophy Club, TX 76262 Timothy Kurtz 2203 Aberdeen Dr. Trophy Club, TX 76262 Paul & Melissa Rashidi 2202 Aberdeen Dr. Trophy Club, TX 76262 Aida & Jose Negron 2204 Aberdeen Dr. Trophy Club, TX 76262 Christopher & Deborah Kelly 2208 Aberdeen Dr. Trophy Club, TX 76262 Chris & Lisa Degnan 2201 Stirling Ave. Trophy Club, TX 76262 Steven & Heather Nelson 2214 Stirling Ave. Trophy Club, TX 76262 Andrew & Callie Whitwell 2204 Stirling Ave. Trophy Club, TX 76262 S.J. & E.N. Hampton 2249 Veranda Ave. Trophy Club, TX 76262 John & Robin Collins 2250 Veranda Ave. Trophy Club, TX 76262 John & Kimberly Giuffrida 2248 Veranda Ave. Trophy Club, TX 76262 Don & Sharon Robinson 2246 Veranda Ave. Trophy Club, TX 76262 Tony & Teresa English 2240 Veranda Ave. Trophy Club, TX 76262 Mitchel & Sherri Cohen 2202 Galloway Blvd. Trophy Club, TX 76262 Samuel Carvalho 2200 Galloway Blvd. Trophy Club, TX 76262 Peter & Judy Ehrenberg 2205 Galloway Blvd. Trophy Club, TX 76262 Ivan & Allison Havre 2211 Galloway Blvd. Trophy Club, TX 76262 Pak & Thi Pham Tang 2237 Galloway Blvd. Trophy Club, TX 76262 Oliver Watts 2234 Galloway Blvd. Trophy Club, TX 76262 Norman & Annette Setser 2230 Galloway Blvd. Trophy Club, TX 76262 John Huczek 2220 Montgomerie Ave. Trophy Club, TX 76262 Kevin & Debbie Moon 2222 Montgomerie Ave. Trophy Club, TX 76262 Daniel & Lara Wilson 2224 Montgomerie Ave. Trophy Club, TX 76262 Paramvir & Damandeep Dhillon 2226 Mongomerie Ave. Trophy Club, TX 76262 Thomas Dimariano & Michelle Watson-Williams 2231 Alisa Lane Trophy Club, TX 76262 James & Cheri Rudy 2229 Alisa Lane Trophy Club, TX 76262 Town Council 177 of 333 Meeting Date: April 26, 2010 David Winter 2225 Alisa Lane Trophy Club, TX 76262 Mack Mercer 2223 Alisa Lane Trophy Club, TX 76262 Jennifer Hunter & Nicholas Rogers 2222 Glasgow Dr. Trophy Club, TX 76262 Town Council 178 of 333 Meeting Date: April 26, 2010 ORDINANCE NO. 2007-15 P&Z Including Amendments: 2010-XX P&Z Council Approval 4/26/10, Driveway Gate & Fencing, Lot Types 1, 2, and 3 2010-01 P&Z Council Approval 2/1/10, Restaurants – Village Center 2009-30 P&Z Council Approval 11/2/09, Neighborhood 8 Revisions 2009-01 P&Z Council Approval 1/5/09, Key Lot Definition; Fencing 2008-39 P&Z Council Approval 12/1/08, Correction to Table No. 4-1 for Lot Type 3 Side Yard Setback 2007-30 P&Z Council Approval 11/5/07, Lot Coverage for Lot Type 2 Lots, Neighborhoods 3 & 4 FOR A 696.9 ACRE TRACT OF LAND KNOWN AS PD-27 THE HIGHLANDS AT TROPHY CLUB TROPHY CLUB, DENTON COUNTY, TEXAS Exhibit “A” – Legal Description Exhibit “B” – Development Standards Exhibit “C” – Concept Plan Exhibit “D” – Street Type Exhibits Exhibit “E” – Park Plan Concepts Exhibit “F” – Pathway Plan Deleted: ¶ Deleted: ¶ Deleted: ¶ Deleted: ¶ Deleted: 1¶ Town Council 179 of 333 Meeting Date: April 26, 2010 II. PURPOSE AND INTENT A. Purpose and Intent: The purpose of the district is to create a master planned community featuring a mixture of housing types and commercial uses in a manner that will encourage sustainable neighborhoods and attract investment to the area. 1. The purpose of this district is: a. To provide development and land use flexibility within the framework of a Planned Development zoning district. 2. The intent of this district is: a. To design streets and buildings which will contribute to creating safe neighborhoods. b. To provide an attractive environment for pedestrians which include such things as buildings framing public space, street trees, lighting and canopies that will attract pedestrians. c. To contribute to the definition and use of public parks and plazas. 3. The Highlands at Trophy Club PD is intended to provide the community with a mixture of housing types in a pattern and amount that will encourage sustainable neighborhoods and development. 4. The Highlands at Trophy Club Concept Plan delineates the boundaries of the respective neighborhood areas (Exhibit B). The Development Standards shall apply to the entire Highlands at Trophy Club District unless indicated otherwise. Housing mix, street types, building types and frontage standards for any particular area shall be controlled by the neighborhood areas delineated on the plan. B. Applicability: This Ordinance shall apply to all development within the PD boundaries. Unless otherwise stated herein, all ordinances of the Town shall apply to The Highlands at Trophy Club. Deleted: 1¶ Town Council 180 of 333 Meeting Date: April 26, 2010 III. DEFINITIONS Accessory Building: A subordinate building or structure of masonry and/or wood construction that is detached from the main building and customarily incidental to the principal building. Block: A continuous street edge along any one side, between any intersections with a Street, Mews, or Court. Court: A street with buildings fronting across the street from a central green or open space. Covered Front Porch: An area of at least 60 S.F. covered by the main roof or an architectural extension. Gifts to the Street: Building enhancements that improve the feel and experience of the street, including porches, stoops, bay windows, balconies, masonry clad chimneys, attached pergolas and colonnades. Green: A publicly accessible space with turf and landscaping fronted by buildings either directly or across the street. Key Lot: Any lot which has a street adjacent to both its front and side building lines, and its rear property line is also the side property line of an adjacent lot. (Added by Ordinance 2009-01 P&Z, Approved 1/5/09) Kiosk Sign: A sign that contains individual panels and that is generally used to provide direction to residential subdivisions from major thoroughfares or to provide direction to schools, amenities, information centers, community facilities and neighborhoods within a residential subdivision. The Highlands at Trophy Club Concept Plan (Exhibit C): The graphic plan for The Highlands at Trophy Club that establishes and delineates the respective PD sub-districts such as the Village Center and other Neighborhoods. Main Structure: The primary residence to be constructed on any Lot. Primary Residence: The dwelling place that a person occupies for the largest part of the calendar year. This establishes a person's legal residence for voting, tax, and other legal purposes. Public Open Space: Whether maintained by the school district through a joint use agreement, private association or public improvement district, publicly accessible parks, greens, squares, courtyards, plazas, parkways, medians, commons and tot lots, shall constitute Public Open Space. Pull Through Garage: A garage that is sited at the rear of a lot and behind the principal structure that requires a driveway adjacent to the principal structure to connect the garage with the street fronting the principal structure. Shall: A term requiring compliance. Deleted: 1¶ Formatted: Font: (Default) Arial, 11 pt, Underline Formatted: Indent: First line: 36 pt Formatted: Underline Formatted: Font: (Default) Arial, 11 pt Formatted: Font: 11 pt, Underline, Font color: Auto Formatted: Font: 11 pt, Underline, Font color: Auto Formatted: Font: 11 pt, Underline, Font color: Auto Town Council 181 of 333 Meeting Date: April 26, 2010 Shared Parking: Parking areas that provide parking for multiple commercial sites or pads. Should: A term encouraging compliance. Side Street: A street that principally is fronted by the side of a residential or commercial building on a corner lot. Transparency: Windows, glass doors and other clear façade treatments that provide a sense of openness to a structure. Deleted: 1¶ Town Council 182 of 333 Meeting Date: April 26, 2010 IV. LOT TYPE REGULATIONS The Highlands at Trophy Club will include a variety of lot types in order to achieve the goals established for the district. The lot types and requirements for each shall be as follows: A. Lot Type 1: 1. Purpose: This lot type is designed to allow single family detached dwellings on lots of not less than twelve thousand (12,000) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses: Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 1 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 1 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations: No building shall exceed forty feet (40’) or two and one-half (2-1/2) stories in height. 5. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 12,000 square feet; For lots abutting the golf course, the minimum lot size shall be increased by 1,000 square feet. Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed thirty-five percent (35%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Deleted: 1¶ Town Council 183 of 333 Meeting Date: April 26, 2010 Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,500 2,000 One and one half story or two story residence 2,500* 2,000* * Those residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. (Including garage area) Front Yard: 25 feet minimum Rear Yard (Golf Course): 35 feet minimum Rear Yard: 25 feet minimum (No rear yard shall face any street without approval from the Planning and Zoning Commission; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) Side Yard (Golf Course): 10 feet minimum Side Yard: 10 feet minimum; provided that the distance between buildings and structures on contiguous lots remains a minimum 20 feet, the width of the side yard on one side may be reduced to not less than 5 feet. Side Yard Adjacent to Street: 20 feet minimum Lot Width: 90 feet minimum; (measured at the front building line) Lot Width Adjacent to Side Street: 100 feet (measured at the front building line) Lot Depth: 110 feet minimum Lot Depth (corner or cul-de-sac lot): 100 feet minimum Garage: May not face front street unless set back at least 30 feet from front building line; may not face side street unless set back 50 feet from side street right-of-way. Deleted: 1¶ Town Council 184 of 333 Meeting Date: April 26, 2010 B. Lot Type 2: 1. Purpose: This lot type is designed to allow single family detached dwellings on lots of not less than ten thousand (10,000) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses: Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 2 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 2 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations: No building shall exceed forty feet (40’) or two and one-half (2-1/2) stories in height. 5. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 10,000 square feet; For lots abutting the golf course, the minimum lot size shall be increased by 1,000 square feet. Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed thirty- five percent (35%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Additional regulations for Neighborhoods 3 & 4: Of the 238 Type 2 Lots, not to exceed 119 lots can have up to 45% lot coverage; of the remaining lots the combined area covered by all main buildings and accessory structures shall not exceed forty percent (40%) of the total lot area. Swimming pools and spas shall not be included in determining Deleted: 1¶ Town Council 185 of 333 Meeting Date: April 26, 2010 maximum building coverage. (Added by Ordinance 2007-30 P&Z, Approved 11/5/07) Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,250 2,000 One and one half story or two story residence 2,250* 2,000* * Those residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. (Including garage area) Additional regulations for Neighborhoods 3 & 4: (Added by Ordinance 2007-30 P&Z, Approved 11/5/07) Type of Structure Golf Course Lots All Other Lots One story residence 2,700 2,700 One and one half story or two story residence 2,700* 2,700* Front Yard: 25 feet minimum Rear Yard: Golf Course: 35 feet minimum Rear Yard: 25 feet minimum (No rear yard shall face any street without approval from the Planning and Zoning Commission; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) Side Yard: Golf Course: 10 feet minimum Side Yard: 7.5 feet minimum; provided that the distance between buildings remains a minimum of 15 feet, the width of the side yard on one side may be reduced to not less than 5 feet Side Yard: Adjacent to Street: 15 feet minimum Lot Width: 80 feet minimum (measured at the front building line) Lot Width: Adjacent to Side Street: 90 feet minimum (measured at the front building line) Deleted: 1¶ Town Council 186 of 333 Meeting Date: April 26, 2010 Lot Depth: 110 feet minimum Lot Depth: Corner or cul-de-sac lot: 100 feet minimum Garage: May not face front street unless set back at least 30 feet from front building line; may not face side street unless set back 50 feet from side street right-of-way. Additional regulations for Neighborhoods 3 & 4: Any lot that exceeds coverage in excess of 40% must have a 3-car garage. (Added by Ordinance 2007-30 P&Z, Approved 11/5/07) Deleted: 1¶ Town Council 187 of 333 Meeting Date: April 26, 2010 C. Lot Type 3: 1. Purpose: This lot type is designed to allow single family detached dwellings on lots of not less than eight thousand, four hundred (8,400) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses: Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 3 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 3 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations: No building shall exceed forty feet (40’) or two and one-half (2-1/2) stories in height. 5. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot size: 8,400 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed forty percent (40%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Minimum Floor Area: 1,800 square feet Front Yard: 25 feet minimum Deleted: 1¶ Town Council 188 of 333 Meeting Date: April 26, 2010 Rear Yard: 20 feet minimum (No rear yard shall face any street without approval from the Planning and Zoning Commission; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) Side Yard: 5 feet minimum Side Yard Adjacent to Street: 15 feet minimum Lot Width: 70 feet minimum (measured at front building line) Lot Width Adjacent to Side Street: 80 feet minimum (measured at front building line) Lot Depth: 110 feet minimum Lot Depth (corner or cul-de-sac lot): 90 feet minimum Garage: May not face front street unless set back at least 30 feet from the front building line; may not face side street unless set back 50 feet from the side street right-of-way. Deleted: 1¶ Town Council 189 of 333 Meeting Date: April 26, 2010 TA B L E N O . 4 - 1 Su m m a r y o f L o t T y p e R e g u l a t i o n s Lo t Ty p e Mi n . Sq u a r e Fo o t a g e Ty p i c a l Di m e n s i o n s Mi n . Wi d t h Mi n . De p t h Ya r d S e t b a c k s M i n . D w e l l i n g S q u a r e Fo o t a g e F r o n t S i d e Si d e Ad j a c e n t To S t r e e t Re a r G o l f O t h e r s 1 * 1 2 , 0 0 0 s . f . 1 0 0 ’ x 1 2 0 ’ 9 0 ’ 1 1 0 ’ 2 5 ’ * 1 0 ’ 2 0 ’ *2 5 ’ 2, 5 0 0 s . f 2,000 s.f. 2 * 1 0 , 0 0 0 s . f . 8 0 ’ x 1 2 5 8 0 ’ 1 1 0 ’ 2 5 ’ * 7 . 5 ’ 1 5 ’ *2 5 ’ 2, 5 0 0 s . f 2,000 s.f. 3 8 , 4 0 0 s . f . 7 0 ’ x 1 2 0 ’ 7 0 ’ 1 1 0 ’ 2 5 ’ 5 ’ 1 5 ’ 20 ’ 1, 8 0 0 s . f . 4 7 , 2 0 0 s . f . 6 0 ’ x 1 2 0 ’ 6 0 ’ 1 0 0 ’ 2 0 ’ - 2 6 ’ 5 ’ 1 5 ’ 20 ’ 1, 6 5 0 s . f . 5 5 , 2 5 0 s . f . 5 0 ’ x 1 0 5 ’ 5 0 ’ 1 0 0 ’ 1 5 ’ / 2 0 ’ * * 5 ’ 1 0 ’ 20 ’ 1, 8 0 0 s . f . *A d d i t i o n a l G o l f C o u r s e L o t R e q u i r e m e n t s . R e f e r t o L o t T y p e R e g u l a t i o n s . ** 1 5 - f t . m i n i m u m f o r m a i n f a ç a d e o f h o m e ; G a r a g e d o o r m u s t h a v e a m i n i m u m 2 0 - f t . f r o n t s e t b a c k . (S i d e Y a r d S e t b a c k f o r L o t T y p e 3 T y p o g r a p h i c a l E r r o r c o r r e c t e d b y C o u n c i l , O r d i n a n c e 2 0 0 8 - 3 9 P & Z , A p p r o v e d 1 2 / 1 / 0 8 ) Deleted: 1¶ To w n Co u n c i l 19 0 of 33 3 Meeting Date: April 26, 2010 V. NEIGHBORHOOD REGULATIONS A. Neighborhood 1: Neighborhood 1 shall include the following four (4) lot types: Lot Types 1 and 2 shall be required along Trophy Club Drive and represent approximately 20 lots with Lot Type 1 at the corner lots of the one-way courts facing Trophy Club Drive. Lot Type 3 - Approximately 22 lots. Lot Type 4 - Approximately 177 lots. Total Number of Lots: 219 B. Neighborhood 2: Neighborhood 2 shall include the following two (2) lot types: Lot Type 1 shall be required along Trophy Club Drive at the corner lots of the one-way courts facing Trophy Club Drive and represent approximately 6 lots. Lot Type 2 - Approximately 144 lots. Total Number of Lots: 150 C. Neighborhood 3: Neighborhood 3 shall include the following two (2) lot types: Lot Types 1 shall be required along Trophy Club Drive at the corner lots of the one-way courts facing Trophy Club Drive and represent approximately 4 lots. Lot Type 2 – Approximately 136 lots. Total Number of Lots: 140 D. Neighborhood 4: Neighborhood 4 shall include the following two (2) lot types: Lot Type 1 shall be located adjacent to the Golf Course and represent approximately 80 lots. Lot Type 2 - Approximately 104 lots. Total Number of Lots: 184 Deleted: 1¶ Town Council 191 of 333 Meeting Date: April 26, 2010 E. Neighborhood 5: Neighborhood 5 shall include the following three (3) lot types: Lot Types 1 and 2 shall be required along Trophy Club Drive with Lot Type 1 required at the corner lots of the one-way courts facing Trophy Club Drive and represent approximately 34 lots. Lot Type 3 - Approximately 137 lots. Total Number of Lots: 171 F. Neighborhood 6: Neighborhood 6 shall include the following two (2) lot types: Lot Type 1 shall be located at the corner lots of the one-way courts facing Trophy Club Drive and adjacent to the Golf Course between NH-4 and NH-6. Lot Type 1 shall represent approximately 35 lots. Lot Type 2 - Approximately 136 lots. Total Number of Lots: 171 G. Neighborhood 7: Neighborhood 7 shall include the following two (2) lot types: Lot Type 1 – One (1) lot. Lot Type 3 - Approximately 222 lots. Total Number of Lots: 223 H. Neighborhood 8: Neighborhood 8 shall include the following one (1) lot type: Lot Type 5 shall represent a maximum of 185 lots. Total Number of Lots: 185 The Private Open Space within the Neighborhood 8 property limits will be maintained by a Homeowners Association. A connector trail in Neighborhood 8 behind open space is required. Deleted: 1¶ Town Council 192 of 333 Meeting Date: April 26, 2010 I. Neighborhood 9: Neighborhood 9 shall include the following lot type: Lot Type 1 - Approximately 46 lots. Total Number of Lots: 46 The maximum number of lots permitted within the Highlands at Trophy Club PD District shall not exceed 1,489 lots. The number of lots for any given lot type in a neighborhood can increase by a maximum 5% but the total number of lots can not exceed 1,489 lots and the total number of Lot Types 3-5 shall not exceed the totals listed in Table 5-1 (for each Lot Type individually). Deleted: 1¶ Town Council 193 of 333 Meeting Date: April 26, 2010 VI. DEVELOPMENT AND DESIGN STANDARDS A. Street Types: The following street types shall establish the criteria for streets allowed within The Highlands at Trophy Club PD District. Section drawings for each street type are illustrated in Exhibit D. 1. Trophy Club Drive (C4D – Major Collector, Divided, 90’ Right-of-Way). Classification: Designed to handle the large volumes of traffic from one area of Town to another and to serve as the major point of ingress/egress to the Town. Direct residential driveway access is not allowed. Public Right-of-Way Width: 90’ Design Speed: 40 m.p.h. Pavement Width: Two (2) - 25’ B/B Curb Radii: 30’ Minimum Centerline Radius for Curves: 700’ Minimum Tangent between Reverse Curves: 50’ Minimum Sidewalk Width: 4’ Landscape Median (Measured from Back-of-Curb): 18’ in Width Parking: No parking allowed. 2. Minor Collector (C2U – Minor Collector, 60’ Right-of-Way) Classification: Designed to carry neighborhood traffic to the major collectors. Direct residential driveway access is not allowed. Public Right-of-Way Width: 60’ Design Speed: 30 m.p.h. Pavement Width: 41’ B/B Curb Radii: 30’ Minimum Centerline Radius for Curves: 300’ Minimum Tangent between Reverse Curves: 50’ Minimum Sidewalk Width: 4’ Parking: Parking allowed on both sides of street. 3. Residential Avenue, 60’ Right-of-Way Classification: A street internal to the neighborhood designed to carry neighborhood traffic to minor collectors and thoroughfares. Public Right of Way Width: 60’ Design Speed: 30 m.p.h. Pavement Width: 37’ B/B Curb Radii: 25’ Minimum Centerline Radius for Curves: 300’ Minimum Tangent between Reverse Curves: 50’ Minimum Sidewalk Width: 4’ Parking: Allowed on both sides of street. Deleted: 1¶ Town Council 194 of 333 Meeting Date: April 26, 2010 4. Local Street (L2U – Local Street, 50’ Right-of-Way) Classification: Designed to provide access to residential areas. Public Right of Way Width: 50’ Design Speed: 30 m.p.h. Pavement Width: 27’ B/B Curb Radii: 25’ Minimum Centerline Radius for Curves: 300’ Minimum Tangent between Reverse Curves: 50’ Minimum Sidewalk Width: 4’ Parking: Allowed on both sides of street. 5. Local Two – Way Court, 40’ Right-of-Way. Classification: Designed to provide access to residential areas. Use of this street section is restricted to single loaded streets adjacent to open space. Public Right-of-Way Width: 40’ Design Speed: 30 m.p.h. Pavement Width: 27’ B/B Curb Radii: 25’ Minimum Centerline Radius for Curves: 300’ Minimum Tangent between Reverse Curves: 50’ Minimum Sidewalk Width: 4’ Parking: Allowed on one side only. Parking is prohibited on the side of the street adjacent to open space. 6. Local One – Way Court, 35’ Right-of-Way. Classification: Designed to provide driveway access for homes facing Trophy Club Drive. Street is single loaded and has an open space buffer between the street and Trophy Club Drive. Number of lots served by this street section shall be limited to 30. Public Right-of-Way Width: 35’ Design Speed: 20 m.p.h. Pavement Width: 24’, or, 20’ with 4’ Hard Surface for Fire Access Curb Radii: TBD* Minimum Centerline Radius for Curves: TBD* Minimum Tangent between Reverse Curves: TBD* Minimum Sidewalk Width: 4’ Parking: Allowed on one side only. Parking is prohibited on the side of the street adjacent to open space. Sidewalk: Sidewalk is not required for homes facing a one-way court. *To be determined at time of platting Deleted: 1¶ Town Council 195 of 333 Meeting Date: April 26, 2010 Existing platted streets shall conform to the standards established in The Highlands at Trophy Club Street Types when subject to redesign. However, this will not change already-platted right-of-way. The Town Engineer shall have the discretionary authority to consider and approve exceptions to the Street Design Standards based on compelling evidence of hardship on a case-by-case basis. Deleted: 1¶ Town Council 196 of 333 Meeting Date: April 26, 2010 TA B L E N O . 6 - 1 Ro a d w a y S t a n d a r d s St r e e t T y p e De s i g n Sp e e d * St r e e t RO W Wi d t h St r e e t Pa v e m e n t Wi d t h Pa r k w a y W i d t h Cu r b Re t u r n Ra d i i Mi n i m u m Ce n t e r l i n e Ra d i i Me d i a n Wi d t h Mi n T a n g e n t B e t w e e n Re v e r s e C u r v e s C4 D - M a j o r C o l l e c t o r 40 9 0 ' 2 - 2 5 ' 1 1 ' 3 0 ' 7 0 0 ' 1 8 ' 5 0 ' C2 U - M i n o r C o l l e c t o r 30 6 0 ' 4 1 ' 9 . 5 ' 3 0 ' 3 0 0 ' - 5 0 ' Re s i d e n t i a l A v e n u e 30 6 0 ’ 3 7 ’ 1 1 . 5 ’ 2 5 ’ 3 0 0 ’ - 50 ’ L2 U - L o c a l S t r e e t 30 5 0 ' 2 7 ' 1 1 . 5 ' 2 5 ' 3 0 0 ’ - 5 0 ' Lo c a l T w o - W a y C o u r t 30 4 0 ' 2 7 ' 11 . 5 ' ( o n e s i d e on l y ) 2 5 ' 3 0 0 ’ - 5 0 ' Lo c a l O n e - W a y C o u r t 30 3 5 ' 2 4 ' * * 10 ' ( o n e s i d e on l y ) TB D * * * T B D * * * - T B D * * * No t e s : * D e s i g n S p e e d d o e s n o t i m p l y s p e e d l i m i t . S p e e d L i m i t s e t i n a c c o r d a n c e w i t h T o w n o r d i n a n c e . * * O r 2 0 ’ w i t h 4 ’ H a r d S u r f a c e f o r F i r e A c c e s s . A l l S t r e e t P a v e m e n t w i d t h s a r e t o b a c k o f c u r b . * * * T o b e d e t e r m i n e d a t t i m e o f p l a t t i n g Deleted: 1¶ To w n Co u n c i l 19 7 of 33 3 Meeting Date: April 26, 2010 54 B. Accessory Structures: All development within The Highlands at Trophy Club Planned Development District shall comply with Section 35 of the Town of Trophy Club Zoning Ordinance in effect at the time of Town Council approval of this ordinance. Nothing in this ordinance shall be construed as preventing any Architectural Control Committee with jurisdiction over any neighborhood from further restricting permission, location, and type of any accessory structure. C. Screening and Fences: All development within The Highlands at Trophy Club Planned Development District shall comply with Section 45 of the Town of Trophy Club Zoning Ordinance in effect at the time of Town Council approval of this ordinance, with the following modifications: 1. Fencing on corner lots facing side streets shall be enhanced wooden fences (board-on-board or other design, with a top cap). All enhanced fencing within any neighborhood shall be consistent, and shall be approved with the Detailed Site Plan. 2. Fencing facing open space, parks, floodplain, or flowage easement shall be wrought iron (or tubular steel) as required by Town Ordinance, with the exceptions of the following that may be solid wood fencing: a) Facing gas well sites. b) Facing active use park areas (ball fields, swim center, neighborhood center, etc.) c) Facing other areas specifically approved at the time of Detailed Site Plan. 3. Side Yard Adjacent to Side Street: Side yard fences adjacent to a side street for Lot Types 1 and 2 shall be located 10-ft. from the property line, and must be 10-ft. behind the front façade; no differential for key lots. (Added by Ordinance 2009-01 P&Z, Approved 1/5/09) 4. Side Yard Adjacent to Side Street: Side yard fences adjacent to a side street for Lot Types 3 and 4 shall be located on the property line, and must be 10-ft. behind the front façade; no differential for key lots. (Added by Ordinance 2009-01 P&Z, Approved 1/5/09) 5. Side yards adjacent to perimeter fencing may connect to the perimeter fencing and the side yard fence must be located a minimum of ten feet (10-ft.) behind the front façade. The HOA will maintain the perimeter fencing; the homeowner will maintain the fence connecting to the perimeter fencing. (Added by Ordinance 2009-01 P&Z, Approved 1/5/09) 6. Lot Types 1, 2, and 3 may have a gate and associated fencing located parallel to, and even with the front facade of the Main Structure on the Lot, but at no point shall the gate and associated fencing be located Formatted: Font: 11 pt Formatted: Justified, Indent: Hanging: 36 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 3 + Alignment: Left + Aligned at: 90 pt + Tab after: 108 pt + Indent at: 108 pt Town Council 198 of 333 Meeting Date: April 26, 2010 55 beyond the front facade of the Main Structure per the following requirements: a. The gate shall cross the driveway. b. The hinge-end(s) of the gate(s) shall terminate into a minimum 2’x 2’ masonry structure, the Main Structure, or an Accessory Building. c. The gate and associated fencing material must be wrought-iron, no wooden fence material will be allowed on any portion of the Lot from a point 10’ behind the front Build Line forward to the street right-of-way on which the Main Structure faces. d. The side yard fencing adjacent to the gate shall be wrought iron from the front building line to a point 10’ behind the front Building Line, at which point it shall transition to the required material for that remaining side yard area. e. If the Lot is located adjacent to a masonry screening wall, the wrought iron fence located parallel to, and even with the front facade of the Main Structure shall terminate at the point of contact with the masonry screening wall; In no instance shall the wrought iron fence extend down the side yard property line creating a “double-fencing” situation with the masonry screening wall. D. Landscape Standards: All development within The Highlands at Trophy Club Planned Development District shall comply with Section 47 of the Town of Trophy Club Zoning Ordinance in effect at the time of Town Council approval of this ordinance. 1. Additional Requirements: a. The median within Trophy Club Drive shall have trees, minimum 3” caliper, spaced at fifty foot (50’) intervals. b. Common areas adjacent to streets shall have trees, minimum 3” caliper, spaced at fifty foot (50’) intervals. 2. Tree Requirements: A minimum of one (1) tree per 30’ of lot front yard width is required. Lot Type 2 shall have a minimum of two (2) trees. Trees are allowed in the parkway. Trees shall be a minimum 3” caliper and be one of the trees listed below to count toward tree requirements. Tree List Bald Cypress Bradford Pear Cedar Elm Chinese Pistachio Homestead Elm Formatted: Font: (Default) Arial, 11 pt, Font color: Black Formatted: Bullets and Numbering Formatted: Indent: Left: 72 pt Town Council 199 of 333 Meeting Date: April 26, 2010 56 Lace Bark Elm “Little Gem” Magnolia Live Oak October Glory Maple Southern Magnolia Texas Red Oak E. Off-Street Parking Requirements: All development within The Highlands at Trophy Club Planned Development District shall comply with Section 48 of the Town of Trophy Club Zoning Ordinance. F. Residential Architectural Standards: 1. Gifts to the Street: All buildings shall utilize at least three (3) of the following design features to provide visual relief along the front of the residence: Architectural garage doors Architectural pillars or posts Bay window Brick chimney on exterior wall (front of house) Cast stone accents Covered front porches Cupolas or turrets Dormers Gables Garage door not facing street Metal roof accents Multiple types of masonry materials Recessed entries, a minimum of three (3) feet deep 812 Primary roof pitch Separate transom windows Variable roof pitch Shutters At least 20 percent of the houses constructed within each phase of the Planned Development Site Plan shall have a covered front porch. Buildings on corner lots shall be constructed with a Gift to the Street on both the front and side street elevations. 2. Building Materials: a. All residences shall be constructed primarily of masonry as set forth below. Masonry shall be defined for The Highlands at Trophy Club as brick, stone, and stucco. Other materials of equal or similar characteristics may be allowed upon approval of the Planning and Zoning Commission. i. For one-story homes and for the first story of two-story homes, 100% of all exterior wall surfaces shall be constructed of masonry, excluding doors, windows, boxed Town Council 200 of 333 Meeting Date: April 26, 2010 57 or bay windows, ornamental trim, dormers, areas under covered porches one story in height, and other architectural projections. ii. For areas above the first story of two-story homes, a minimum of 80% of all exterior wall surfaces shall be constructed of masonry, excluding doors, windows, boxed or bay windows, ornamental trim, dormers, areas above a roof line, areas under covered porches not extending to the first floor, and other architectural projections. iii. For all homes, the front and street sides shall have 100% of all exterior wall surfaces constructed of masonry, excluding doors, windows, boxed or bay windows, ornamental trim, dormers, areas above a roof line, area under covered porches not extending to the first floor, and other architectural projections. b. Roofs shall be constructed of a process and of materials that shall have a minimum installation and manufacture’s warranty of thirty (30) years. Minimum roof pitch shall be a 6/12, except for the roofs of sheds and porches. Seamless and standing seam metal roofs are permitted provided that they are of architectural quality. No wooden shingles shall be used on roofs. 3. Garages: All residential lots shall provide a two-car (or larger) garage. The minimum dimension of two-car garages shall be 19.5’ in width and 21.5’ in depth. Garages shall not face a golf course. 4. Signage in Residential Areas: Monuments signs at the entry-ways of neighborhoods shall be allowed that conform to the monument standards approved by the Town. Ornamental hanging signs suspended from a decorative post shall be allowed in lieu of monument signs for entry-ways of neighborhoods. 5. HVAC Screening: All buildings shall be designed such that mechanical equipment (HVAC, etc.), excepting vents and stacks, is not visible from the public right-of-way or open space, or is screened by two (2) or more shrubs. The minimum height of shrubs at the time of installation/planting shall be at least three feet (3’) in height. 6. Lighting: Street lights shall be installed and located as required by the Town’s Subdivision Regulations. Homeowner alley lighting shall be located on garage walls facing the alley, shall be directed in a downward direction, and shall not exceed 100 watts. Town Council 201 of 333 Meeting Date: April 26, 2010 58 Detailed typicals of street lights shall be determined at the time of Planned Development Detailed Site Plan. 7. Elevations: Single family house plans for Lot Types 1 – 5 shall vary from lot to lot as follows: a. The same floor plan with the same elevation shall be separated by a minimum of 4 lots (between them) on the same side of the street, and by a minimum of 2 lots (between them) on the opposite side of the street, with no two elevations located on an adjacent lot directly to the rear. b. The same floor plan with a different elevation shall be separated by a minimum of one (1) lot on the same or on the opposite side of the street. Town Council 202 of 333 Meeting Date: April 26, 2010 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2010-XX P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2007-15 P&Z, KNOWN AS PD PLANNED DEVELOPMENT NO. 27, THE SAME HAVING AMENDED 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND HAVING AMENDED THE OFFICIAL ZONING MAP OF THE TOWN, BY ADOPTING THIS ORDINANCE TO REFLECT A CHANGE TO EXHIBIT “B” ENTITLED “DEVELOPMENT STANDARDS”, SECTION III. “DEFINITIONS”, AND SECTION VI. “DEVELOPMENT AND DESIGN STANDARDS”, C. “SCREENING AND FENCES” AS MORE FULLY DESCRIBED HEREIN BELOW; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING APPLICABLE REGULATIONS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the Town previously approved Ordinance No. 2007-15 P&Z amending Ordinance No. 2006-11 P&Z, creating PD Planned Development No. 27, known as The Highlands at Trophy Club (hereinafter “PD No. 27”); and WHEREAS, the Developer wishes to add a gate and associated fencing across the driveways of Lot Types 1, 2, and 3; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to amend PD No. 27 came before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information Town Council 203 of 333 Meeting Date: April 26, 2010 submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Ordinance No. 2007-15 P&Z as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered the proposed amendments and considered, among other things, the impact of the proposed amendments on the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the adoption of the amendments hereby accomplishes such objectives; and WHEREAS, the Town Council has determined that there is a necessity for the amendments to Ordinance No. 2007-15 P&Z, and the Town Council has determined that this Ordinance should be adopted, and that the terms of this Ordinance shall replace those terms contained in Ordinance No. 2007-15 P&Z in their entirety except as may be specifically set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS 2.01 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the same being the Town's PD No. 27, Section III. DEFINITIONS of Exhibit “B” entitled “Development Standards,” is hereby amended as follows to add a definition for “Main Structure” and “Primary Residence” to be placed in alphabetical order as part of the existing list of definitions with all other definitions remaining the same and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: Town Council 204 of 333 Meeting Date: April 26, 2010 III. DEFINITIONS Main Structure: The primary residence to be constructed on any Lot. Primary Residence: The dwelling place that a person occupies for the largest part of the calendar year. This establishes a person's legal residence for voting, tax, and other legal purposes. 2.02 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the same being the Town's PD No. 27, Section VI. DEVELOPMENT AND DESIGN STANDARDS, C. Screening and Fences is hereby amended to add subsections 6 so that Section VI, C shall be and read in its entirety as follows, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: C. Screening and Fences: All development within The Highlands at Trophy Club Planned Development District shall comply with Section 45 of the Town of Trophy Club Zoning Ordinance in effect at the time of Town Council approval of this ordinance, with the following modifications: 1. Fencing on corner lots facing side streets shall be enhanced wooden fences (board-on-board or other design, with a top cap). All enhanced fencing within any neighborhood shall be consistent, and shall be approved with the Detailed Site Plan. 2. Fencing facing open space, parks, floodplain, or flowage easement shall be wrought iron (or tubular steel) as required by Town Ordinance, with the exceptions of the following that may be solid wood fencing: a) Facing gas well sites. b) Facing active use park areas (ball fields, swim center, neighborhood center, etc.) c) Facing other areas specifically approved at the time of Detailed Site Plan. 3. Side Yard Adjacent to Side Street: Side yard fences adjacent to a side street for Lot Types 1 and 2 shall be located 10-ft. from the property line, and must be 10-ft. behind the front façade; no differential for key lots. 4. Side Yard Adjacent to Side Street: Side yard fences adjacent to a side street for Lot Types 3 and 4 shall be located on the property line, and must be 10-ft. behind the front façade; no differential for key lots. 5. Side yards adjacent to perimeter fencing may connect to the perimeter fencing and the side yard fence must be located a minimum of ten feet (10-ft.) behind the front façade. The HOA will maintain the perimeter Town Council 205 of 333 Meeting Date: April 26, 2010 fencing; the homeowner will maintain the fence connecting to the perimeter fencing. 6. Lot Types 1, 2, and 3 may have a gate and associated fencing located parallel to, and even with the front facade of the Main Structure on the Lot, but at no point shall the gate and associated fencing be located beyond the front facade of the Main Structure per the following requirements: a. The gate shall cross the driveway. b. The hinge-end(s) of the gate(s) shall terminate into a minimum 2’x 2’ masonry structure, the Main Structure, or an Accessory Building. c. The gate and associated fencing material must be wrought-iron, no wooden fence material will be allowed on any portion of the Lot from a point 10’ behind the front Build Line forward to the street right-of-way on which the Main Structure faces. d. The side yard fencing adjacent to the gate shall be wrought iron from the front building line to a point 10’ behind the front Building Line, at which point it shall transition to the required material for that remaining side yard area. e. If the Lot is located adjacent to a masonry screening wall, the wrought iron fence located parallel to, and even with the front facade of the Main Structure shall terminate at the point of contact with the masonry screening wall; In no instance shall the wrought iron fence extend down the side yard property line creating a “double-fencing” situation with the masonry screening wall. SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 4. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the PD No. 27 and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Town Council 206 of 333 Meeting Date: April 26, 2010 Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 5. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law. Town Council 207 of 333 Meeting Date: April 26, 2010 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 26th day of April, 2010. _____________________________________ Mayor, Connie White 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 Town Council 208 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-237-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/20/2010 Town Council On agenda:Final action:4/26/2010 Title:Consider and take appropriate action regarding the proposals to provide executive recruitment services for the Town Manager position, and authorizing the Mayor or her designee to execute necessary documents. Attachments: Action ByDate Action ResultVer. Town Council 209 of 333 Meeting Date: April 26, 2010 12010-237-T Version:File #: Title Consider and take appropriate action regarding the proposals to provide executive recruitment services for the Town Manager position, and authorizing the Mayor or her designee to execute necessary documents. Body Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 210 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-225-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/15/2010 Town Council On agenda:Final action:4/26/2010 Title:Consider and take action on an Ordinance providing for the issuance and sale of Town of Trophy Club, Texas, General Obligation Bonds, Series 2010, in the approximate aggregate principal amount of $5,000,000; awarding the sale of said bonds; levying a tax in payment thereof; prescribing the form of said bonds; approving the official statement; and enacting other provisions relating thereto. Attachments:Ord. 2010- GO_Bonds Series 2010 $5,000,000.pdf Action ByDate Action ResultVer. Town Council 211 of 333 Meeting Date: April 26, 2010 12010-225-T Version:File #: Title Consider and take action on an Ordinance providing for the issuance and sale of Town of Trophy Club, Texas, General Obligation Bonds, Series 2010, in the approximate aggregate principal amount of $5,000,000; awarding the sale of said bonds; levying a tax in payment thereof; prescribing the form of said bonds; approving the official statement; and enacting other provisions relating thereto. Body Goal #5: A community in which the infrastructure supports its residents Develop a realistic Capital Improvement Plan Town Council 212 of 333 Meeting Date: April 26, 2010 TOWN OF TROPHY CLUB BOND ORDINANCE No. _____________ Adopted: April 26, 2010 $5,000,000 TOWN OF TROPHY CLUB, TEXAS GENERAL OBLIGATION BONDS SERIES 2010 Dated: May 15, 2010 US 349481v.1 Town Council 213 of 333 Meeting Date: April 26, 2010 TABLE OF CONTENTS Page Parties...............................................................................................................................................1 ARTICLE I DEFINITIONS AND OTHER PRELIMINARY MATTERS Section 1.01. Definitions................................................................................................................2 Section 1.02. Findings....................................................................................................................3 Section 1.03. Table of Contents, Titles and Headings...................................................................3 Section 1.04. Interpretation............................................................................................................3 ARTICLE II SECURITY FOR THE BONDS; INTEREST AND SINKING FUND Section 2.01. Tax Levy..................................................................................................................4 ARTICLE III AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE BONDS Section 3.01. Authorization...........................................................................................................5 Section 3.02. Date, Denomination, Maturities and Interest...........................................................5 Section 3.03. Medium, Method and Place of Payment..................................................................6 Section 3.04. Execution and Registration of Bonds. .....................................................................7 Section 3.05. Ownership................................................................................................................7 Section 3.06. Registration, Transfer and Exchange.......................................................................8 Section 3.07. Cancellation.............................................................................................................9 Section 3.08. Temporary Bonds.....................................................................................................9 Section 3.09. Replacement Bonds. ................................................................................................9 Section 3.10. Book Entry Only System.......................................................................................10 Section 3.11. Successor Securities Depository; Transfer Outside Book Entry Only System......11 Section 3.12. Payments to Cede & Co.........................................................................................11 ARTICLE IV REDEMPTION OF BONDS BEFORE MATURITY Section 4.01. Limitation on Redemption.....................................................................................12 Section 4.02. Optional Redemption.............................................................................................12 Section 4.03. Partial Redemption.................................................................................................12 Section 4.04. Notice of Redemption to Owners. .........................................................................13 Section 4.05. Payment Upon Redemption...................................................................................14 (i) US 349481v.1 Town Council 214 of 333 Meeting Date: April 26, 2010 Section 4.06. Effect of Redemption.............................................................................................14 Section 4.07. Lapse of Payment...................................................................................................15 ARTICLE V PAYING AGENT/REGISTRAR Section 5.01. Appointment of Initial Paying Agent/Registrar.....................................................15 Section 5.02. Qualifications.........................................................................................................15 Section 5.03. Maintaining Paying Agent/Registrar.....................................................................15 Section 5.04. Termination............................................................................................................15 Section 5.05. Notice of Change to Owners..................................................................................15 Section 5.06. Agreement to Perform Duties and Functions.........................................................16 Section 5.07. Delivery of Records to Successor..........................................................................16 ARTICLE VI FORM OF THE BONDS Section 6.01. Form Generally......................................................................................................16 Section 6.02. Form of the Bonds. ................................................................................................16 Section 6.03. CUSIP Registration................................................................................................22 Section 6.04. Legal Opinion........................................................................................................23 Section 6.05. Statement of Insurance...........................................................................................23 ARTICLE VII SALE AND DELIVERY OF BONDS, DEPOSIT OF PROCEEDS Section 7.01. Creation of Funds...................................................................................................23 Section 7.02. Interest and Sinking Fund......................................................................................23 Section 7.03. Sale of Bonds, Official Statement..........................................................................23 Section 7.04. Control and Delivery of Bonds..............................................................................24 Section 7.05. Deposit of Proceeds...............................................................................................25 ARTICLE VIII INVESTMENTS Section 8.01. Investments............................................................................................................25 Section 8.02. Investment Income.................................................................................................25 ARTICLE IX PARTICULAR REPRESENTATIONS AND COVENANTS Section 9.01. Payment of the Bonds............................................................................................25 (ii) US 349481v.1 Town Council 215 of 333 Meeting Date: April 26, 2010 (iii) US 349481v.1 Section 9.02. Other Representations and Covenants...................................................................26 Section 9.03. Provisions Concerning Federal Income Tax Exclusion.........................................26 Section 9.04. No Private Use or Payment and No Private Loan Financing.................................26 Section 9.05. No Federal Guaranty..............................................................................................27 Section 9.06. Bonds are not Hedge Bonds...................................................................................27 Section 9.07. No Arbitrage Covenant..........................................................................................27 Section 9.08. Arbitrage Rebate....................................................................................................27 Section 9.09. Information Reporting. ..........................................................................................28 Section 9.10. Continuing Obligation. ..........................................................................................28 ARTICLE X DEFAULT AND REMEDIES Section 10.01. Events of Default...................................................................................................28 Section 10.02. Remedies for Default.............................................................................................29 Section 10.03. Remedies Not Exclusive........................................................................................29 ARTICLE XI DISCHARGE Section 11.01. Discharge...............................................................................................................29 ARTICLE XII CONTINUING DISCLOSURE UNDERTAKING Section 12.01. Annual Reports......................................................Error! Bookmark not defined. Section 12.02. Material Event Notices. .........................................Error! Bookmark not defined. Section 12.03. Limitations, Disclaimers and Amendments...........Error! Bookmark not defined. Signatures.......................................................................................................................................32 Exhibit A - Description of Annual Disclosure of Financial Information..................................A-1 Town Council 216 of 333 Meeting Date: April 26, 2010 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF TOWN OF TROPHY CLUB, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2010, IN THE AGGREGATE PRINCIPAL AMOUNT OF $5,000,000; AWARDING THE SALE OF SAID BONDS; LEVYING A TAX IN PAYMENT THEREOF; PRESCRIBING THE FORM OF SAID BONDS; APPROVING THE OFFICIAL STATEMENT; AND ENACTING OTHER PROVISIONS RELATING THERETO _____________________ WHEREAS, the bonds hereinafter authorized were duly and favorably voted, as required by the Constitution and laws of the State of Texas, at an election held in the Town of Trophy Club, Texas (the “Town”), on November 3, 2009; and WHEREAS, the following table lists certain of the purposes and the amounts of general obligation bonds which authorized at the respective elections, the amounts previously issued for said purposes pursuant to the voted authorizations the amounts therefrom being issued pursuant to this Ordinance, and the respective balances that remain unissued for the indicated purposes after the issuance of the bonds herein authorized, to wit: Purpose Amount Voted Amount Previously Issued Amount Being Issued Unissued Balance 2009 Election Park and Recreation Improvements $5,000,000 $-0- $5,000,000 $-0- Total $5,000,000 $-0- $5,000,000 $-0- WHEREAS, the Town Council intends to issue general obligation bonds to finance improvements which the Town Council determines to be necessary within the Town; and WHEREAS, the Town Council considers it in the best interest of the Town at this time authorize by this Ordinance the issuance and delivery of the amounts this reflects, all in a single issue or all in accordance with and pursuant to the authority granted in Tex. Const. art. XI, Sec. 5 and Chapter 1331 Texas Government Code, as amended and Section 9.14 of the Charter of the Town; and WHEREAS, the meeting at which this Ordinance is considered is open to the public as required by law, and the public notice of the time, place and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended; US 349481v.1 Town Council 217 of 333 Meeting Date: April 26, 2010 THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: ARTICLE I DEFINITIONS AND OTHER PRELIMINARY MATTERS Section 1.01. Definitions. Unless otherwise expressly provided or unless the context clearly requires otherwise in this Ordinance, the following terms shall have the meanings specified below: “Bond” means any of the Bonds. “Bond Date” means the date designated as the date of the Bonds by Section 3.02(a) of this Ordinance. “Bonds” means the Town’s bonds authorized to be issued by Section 3.01 of this Ordinance and designated as “Town of Trophy Club Texas, General Obligation Bonds, Series 2010.” “Business Day” means any day other than a Saturday, Sunday or legal holiday or other day on which banking institutions in the State of Texas are generally authorized or obligated by law or executive order to close. “Closing Date” means the date of the initial delivery of and payment for the Bonds. “Code” means the Internal Revenue Code of 1986, as amended, including applicable regulations, published rulings and court decisions. “Designated Payment/Transfer Office” means (i) with respect to the initial Paying Agent/Registrar named herein, its office in Dallas, Texas, or at such other location designated by the Paying Agent/Registrar and (ii) with respect to any successor Paying Agent/Registrar, the office of such successor designated and located as may be agreed upon by the Town and such successor. “DTC” shall mean The Depository Trust Company of New York, New York, or any successor securities depository. “DTC Participant” shall mean brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants. “EMMA” shall mean the Electronic Municipal Market Access System” “Event of Default” means any event of default as defined in Section 10.01 of this Ordinance. - 2 - US 349481v.1 Town Council 218 of 333 Meeting Date: April 26, 2010 “Initial Bond” means the Initial Bond authorized by Section 3.04 of this Ordinance. “Interest and Sinking Fund” means the interest and sinking fund established by Section 2.02 of this Ordinance. “Interest Payment Date” means the date or dates on which interest on the Bonds is scheduled to be paid until their respective dates of maturity or prior redemption, such dates being March 1 and September 1, commencing March 1, 2011. “Letter of Representations” means the Blanket Letter of Representations between the Town and DTC. “MSRB” means the Municipal Securities Rulemaking Board. “Owner” means the person who is the registered owner of a Bond or Bonds, as shown in the Register. “Paying Agent/Registrar” means initially The Bank of New York Mellon Trust Company, N. A., Dallas, Texas, or any successor thereto as provided in this Ordinance. “Record Date” means the last Business Day of the month next preceding an Interest Payment Date. “Register” means the bond register specified in Section 3.06(a) of this Ordinance. “Rule” means SEC Rule 15c2 12, as amended from time to time. “SEC” means the United States Securities and Exchange Commission. “Special Record Date” means the Special Record Date prescribed by Section 3.03(b). Section 1.02. Findings. The declarations, determinations and findings declared, made and found in the preamble to this Ordinance are hereby adopted, restated and made a part of the operative provisions hereof. Section 1.03. Table of Contents, Titles and Headings. The table of contents, titles and headings of the Articles and Sections of this Ordinance have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof and shall never be considered or given any effect in construing this Ordinance or any provision hereof or in ascertaining intent, if any question of intent should arise. Section 1.04. Interpretation. (a) Unless the context requires otherwise, words of the masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and - 3 - US 349481v.1 Town Council 219 of 333 Meeting Date: April 26, 2010 (b) Any action required to be taken on a date which is not a Business Day shall be done on the next succeeding Business Day and have the same effect as if done on the date so required. (c) This Ordinance and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of this Ordinance. ARTICLE II SECURITY FOR THE BONDS; INTEREST AND SINKING FUND Section 2.01. Tax Levy. (a) Pursuant to the authority granted by the Texas Constitution and the laws of the State of Texas, there shall be levied and there is hereby levied for the current year and for each succeeding year hereafter while any of the Bonds or any interest thereon is outstanding and unpaid, an ad valorem tax on each one hundred dollars’ valuation of taxable property within the Town, at a rate sufficient, within the limits prescribed by law, to pay the debt service requirements of the Bonds, being (i) the interest on the Bonds, and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% per annum (whichever amount is greater), when due and payable, full allowance being made for delinquencies and costs of collection. (b) The ad valorem tax thus levied shall be assessed and collected each year against all property appearing on the tax rolls of the Town most recently approved in accordance with law and the money thus collected shall be deposited as collected to the Interest and Sinking Fund. (c) Said ad valorem tax, the collections therefrom, and all amounts on deposit in or required hereby to be deposited to the Interest and Sinking Fund are hereby pledged and committed irrevocably to the payment of the principal of and interest on the Bonds when and as due and payable in accordance with their terms and this Ordinance. (d) To the extent the Town has available funds which may be lawfully used to pay debt service on the Bonds and such funds are on deposit in the Interest and Sinking Fund in advance of the time when the Town Council of the Town is scheduled to set a tax rate for any year, then such tax rate which would otherwise be required to be established pursuant to subsection (a) of this Section may be reduced to the extent and by the amount of such funds in the Interest and Sinking Fund. (e) If the lien and provisions of this Ordinance shall be released in a manner permitted by Article XI hereof, then the collection of such ad valorem tax may be suspended or appropriately reduced, as the facts may permit, and further deposits to the Interest and Sinking Fund may be suspended or appropriately reduced, as the facts may permit. In determining the aggregate principal amount of outstanding Bonds, there shall be subtracted the amount of any - 4 - US 349481v.1 Town Council 220 of 333 Meeting Date: April 26, 2010 ARTICLE III AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE BONDS Section 3.01. Authorization. The Town’s bonds to be designated “Town of Trophy Club, Texas, General Obligation Bonds, Series 2010,” are hereby authorized to be issued and delivered in accordance with Tex. Const. art. XI, Sec. 5 and Chapter 1331, Texas Government Code, as amended, Section 9.14 of the Charter of the Town, and an election held within the Town on November 3, 2009. The Bonds shall be issued in the aggregate principal amount of $5,000,000, for the purpose of providing funds to pay the costs of issuing the Bonds and to make the following permanent public improvements to wit: (i) acquiring, developing, renovating and improving parks and open spaces for park and recreation purposes in and for the Town, including the acquisition of land therefore, and (ii) paying the costs of issuance of the Bonds. Section 3.02. Date, Denomination, Maturities and Interest. (a) The Bonds shall be dated May 15, 2010. The Bonds shall be in fully registered form, without coupons, in the denomination of $5,000 or any integral multiple thereof, and shall be numbered separately from one upward or such other designation acceptable to the Town and the Paying Agent/Registrar, except the Initial Bond, which shall be numbered T 1. (b) The Bonds shall mature on September 1 in the years and in the principal amounts set forth in the following schedule: Years Principal Amount Interest Rates Years Principal Amount Interest Rates 2011 $105,000 2021 250,000 2012 170,000 2022 260,000 2013 175,000 2023 275,000 2014 185,000 2024 285,000 2015 195,000 2025 300,000 2016 200,000 2026 210,000 2017 210,000 2027 325,000 2018 220,000 2028 340,000 2019 230,000 2029 350,000 2020 240,000 2030 370,000 (c) Interest shall accrue and be paid on each Bond respectively until its maturity or prior redemption, from the later of the Bond Date or the most recent Interest Payment Date to which interest has been paid or provided for at the rates per annum for each respective maturity - 5 - US 349481v.1 Town Council 221 of 333 Meeting Date: April 26, 2010 Section 3.03. Medium, Method and Place of Payment. (a) The principal of, premium, if any, and interest on the Bonds shall be paid in lawful money of the United States of America. (b) Interest on the Bonds shall be payable to the Owners as shown in the Register at the close of business on the Record Date; provided, however, in the event of nonpayment of interest on a scheduled Interest Payment Date and for 30 days thereafter, a new record date for such interest payment (a “Special Record Date”) shall be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Town. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the “Special Payment Date,” which shall be 15 days after the Special Record Date) shall be sent at least five Business Days prior to the Special Record Date by United States mail, first class, postage prepaid, to the address of each Owner of a Bond appearing on the Register at the close of business on the last Business Day next preceding the date of mailing of such notice. (c) Interest shall be paid by check, dated as of and mailed on the Interest Payment Date, and sent by the Paying Agent/Registrar to each Owner, first class United States mail, postage prepaid, to the address of each Owner as it appears in the Register, or by such other customary banking arrangement acceptable to the Paying Agent/Registrar and the Owner; provided, however, the Owner shall bear all risk and expense of such other banking arrangement. At the option of an Owner of at least $1,000,000 principal amount of the Bonds, interest may be paid by wire transfer to the bank account of such Owner on file with the Paying Agent/Registrar. (d) The principal of each Bond shall be paid to the Owner thereof on the due date (whether at the maturity date or the date of prior redemption thereof) upon presentation and surrender of such Bond at the Designated Payment/Transfer Office of the Paying Agent/Registrar. (e) If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, legal holiday, or day on which banking institutions in the Town where the Designated Payment/Transfer Office is located are required or authorized by law or executive order to close, the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday, or day on which banking institutions are required or authorized to close, and payment on such date shall have the same force and effect as if made on the original date payment was due and no additional interest shall be due by reason of nonpayment on the date on which such payment is otherwise stated to be due and payable. (f) Unclaimed payments of amounts due hereunder shall be segregated in a special account and held in trust, uninvested by the Paying Agent/Registrar, for the account of the Owner of the Bonds to which such unclaimed payments pertain. Subject to Title 6 of the Texas Property Code, any unclaimed payments remaining unclaimed by the Owners entitled thereto for - 6 - US 349481v.1 Town Council 222 of 333 Meeting Date: April 26, 2010 Section 3.04. Execution and Registration of Bonds. (a) The Bonds, including the Initial Bond, shall be executed on behalf of the Town by the Mayor and the Town Secretary, by their manual or facsimile signatures, and the official seal of the Town shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Bonds shall have the same effect as if each of the Bonds had been signed manually and in person by each of said officers, and such facsimile seal on the Bonds shall have the same effect as if the official seal of the Town had been manually impressed upon each of the Bonds. (b) In the event that any officer of the Town whose manual or facsimile signature appears on the Bonds ceases to be such officer before the authentication of such Bonds or before the delivery thereof, such manual or facsimile signature nevertheless shall be valid and sufficient for all purposes as if such officer had remained in such office. (c) Except as provided below, no Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit of this Ordinance unless and until there appears thereon the Certificate of Paying Agent/Registrar substantially in the form provided herein, duly authenticated by manual execution by an officer or duly authorized signatory of the Paying Agent/Registrar. It shall not be required that the same officer or authorized signatory of the Paying Agent/Registrar sign the Certificate of Paying Agent/Registrar on all of the Bonds. In lieu of the executed Certificate of Paying Agent/Registrar described above, the Initial Bond delivered at the Closing Date shall have attached thereto the Comptroller’s Registration Certificate substantially in the form provided herein, manually executed by the Comptroller of Public Accounts of the State of Texas, or by his duly authorized agent, which Certificate shall be evidence that the Bond has been duly approved by the Attorney General of the State of Texas and that it is a valid and binding obligation of the Town, and has been registered by the Comptroller of Public Accounts of the State of Texas. (d) On the Closing Date, one Initial Bond representing the entire principal amount of all Bonds, payable in stated installments to the initial purchaser, or its designee, signed by the Mayor and Town Secretary of the Town, approved by the Attorney General, and registered and manually signed by the Comptroller of Public Accounts, will be delivered to the initial purchaser or its designee. Upon payment for the Initial Bond, the Paying Agent/Registrar shall cancel the Initial Bond and deliver to DTC on behalf of the Purchaser one registered definitive Bond for each year of maturity of the Bonds in the aggregate principal amount of all Bonds for such maturity, registered in the name of Cede & Co., as nominee of DTC. Section 3.05. Ownership. - 7 - US 349481v.1 Town Council 223 of 333 Meeting Date: April 26, 2010 (a) The Town, the Paying Agent/Registrar and any other person may treat the person in whose name any Bond is registered as the absolute owner of such Bond for the purpose of making and receiving payment of the principal thereof and redemption premium, if any, thereon, for the further purpose of making and receiving payment of the interest thereon, and for all other purposes (except interest will be paid to the person in whose name such bond is registered on the Record Date or Special Record Date, as applicable), whether or not such Bond is overdue, and neither the Town nor the Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary. (b) All payments made to the Owner of a Bond shall be valid and effectual and shall discharge the liability of the Town and the Paying Agent/Registrar upon such Bond to the extent of the sums paid. Section 3.06. Registration, Transfer and Exchange. (a) So long as any Bonds remain outstanding, the Town shall cause the Paying Agent/Registrar to keep at the Designated Payment/Transfer Office a register (the “Register”) in which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall provide for the registration and transfer of Bonds in accordance with this Ordinance. (b) The ownership of a Bond may be transferred only upon the presentation and surrender of the Bond at the Designated Payment/Transfer Office with such endorsement or other evidence of transfer as is acceptable to the Paying Agent/Registrar. No transfer of any Bond shall be effective until entered in the Register. (c) The Bonds shall be exchangeable upon the presentation and surrender thereof at the Designated Payment/Transfer Office for a Bond or Bonds of the same maturity and interest rate and in any denomination or denominations of any integral multiple of $5,000 and in an aggregate principal amount equal to the unpaid principal amount of the Bonds presented for exchange. The Paying Agent/Registrar is hereby authorized to authenticate and deliver Bonds exchanged for other Bonds in accordance with this Section. (d) Each exchange Bond delivered by the Paying Agent/Registrar in accordance with this Section shall constitute an original contractual obligation of the Town and shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such exchange Bond is delivered. (e) No service charge shall be made to the Owner for the initial registration, subsequent transfer, or exchange for a different denomination of any of the Bonds. The Paying Agent/Registrar, however, may require the Owner to pay a sum sufficient to cover any tax or other governmental charge that is authorized to be imposed in connection with the registration, transfer or exchange of a Bond. (f) Neither the Town nor the Paying Agent/Registrar shall be required to issue, transfer, or exchange any Bond called for redemption, in whole or in part, within 45 calendar days prior to the date fixed for redemption; provided, however, such limitation shall not be applicable to an exchange by the Owner of the uncalled principal balance of a Bond. - 8 - US 349481v.1 Town Council 224 of 333 Meeting Date: April 26, 2010 Section 3.07. Cancellation. All Bonds paid or redeemed before scheduled maturity in accordance with this Ordinance, and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered in accordance with this Ordinance, shall be cancelled and proper records shall be made regarding such payment, redemption, exchange or replacement. The Paying Agent/Registrar shall dispose of cancelled Bonds in accordance with the Securities Exchange Act of 1934. Section 3.08. Temporary Bonds. (a) Following the delivery and registration of the Initial Bond and pending the preparation of definitive Bonds, the proper officers of the Town may execute and, upon the Town’s request, the Paying Agent/Registrar shall authenticate and deliver, one or more temporary Bonds that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Bonds in lieu of which they are delivered, without coupons, and with such appropriate insertions, omissions, substitutions and other variations as the officers of the Town executing such temporary Bonds may determine, as evidenced by their signing of such temporary Bonds. (b) Until exchanged for Bonds in definitive form, such Bonds in temporary form shall be entitled to the benefit and security of this Ordinance. (c) The Town, without unreasonable delay, shall prepare, execute and deliver to the Paying Agent/Registrar the Bonds in definitive form; thereupon, upon the presentation and surrender of the Bonds in temporary form to the Paying Agent/Registrar, the Paying Agent/Registrar shall cancel the Bonds in temporary form and shall authenticate and deliver in exchange therefor Bonds of the same maturity and series, in definitive form, in the authorized denomination, and in the same aggregate principal amount, as the Bonds in temporary form surrendered. Such exchange shall be made without the making of any charge therefor to any Owner. Section 3.09. Replacement Bonds. (a) Upon the presentation and surrender to the Paying Agent/Registrar of a mutilated Bond, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor a replacement Bond of like tenor and principal amount, bearing a number not contemporaneously outstanding. The Town or the Paying Agent/Registrar may require the Owner of such Bond to pay a sum sufficient to cover any tax or other governmental charge that is authorized to be imposed in connection therewith and any other expenses connected therewith. (b) In the event that any Bond is lost, apparently destroyed or wrongfully taken, the Paying Agent/Registrar, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall authenticate and deliver a replacement Bond of like tenor and principal amount, bearing a number not contemporaneously outstanding, provided that the Owner first: - 9 - US 349481v.1 Town Council 225 of 333 Meeting Date: April 26, 2010 (i) furnishes to the Paying Agent/Registrar satisfactory evidence of his or her ownership of and the circumstances of the loss, destruction or theft of such Bond; (ii) furnishes such security or indemnity as may be required by the Paying Agent/Registrar, and acceptable to the Town, to save it and the Town harmless; (iii) pays all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Paying Agent/Registrar and any tax or other governmental charge that is authorized to be imposed; and (iv) satisfies any other reasonable requirements imposed by the Town and the Paying Agent/Registrar. (c) If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieu of which such replacement Bond was issued presents for payment such original Bond, the Town and the Paying Agent/Registrar shall be entitled to recover such replacement Bond from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Town or the Paying Agent/Registrar in connection therewith. (d) In the event that any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become or is about to become due and payable, the Paying Agent/Registrar, in its discretion, instead of issuing a replacement Bond, may pay such Bond if it has become due and payable or may pay such Bond when it becomes due and payable. (e) Each replacement Bond delivered in accordance with this Section shall constitute an original additional contractual obligation of the Town and shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such replacement Bond is delivered. Section 3.10. Book Entry Only System. (a) The definitive Bonds shall be initially issued in the form of a separate typewritten fully registered Bond for each of the maturities thereof. Upon initial issuance, the ownership of such Bonds shall be registered in the name of Cede & Co., as nominee of DTC, and except as provided in Section 3.11 hereof, all of the outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC. (b) With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Town and the Paying Agent/Registrar shall have no responsibility or obligation to any DTC Participant or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the Town and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a Bondholder, as shown on the Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any DTC Participant or any other person, other than a - 10 - US 349481v.1 Town Council 226 of 333 Meeting Date: April 26, 2010 (c) The Letter of Representations previously executed and delivered by the Town, and applicable to the Town’s obligations delivered in book-entry only form to DTC as securities depository is hereby ratified and approved for the Bonds. Section 3.11. Successor Securities Depository; Transfer Outside Book Entry Only System. In the event that the Town or the Paying Agent/Registrar determines that DTC is incapable of discharging its responsibilities described herein and in the Letter of Representations, and that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, or in the event DTC discontinues the services described herein, the Town or the Paying Agent/Registrar shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being registered in the Register in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. Section 3.12. Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bonds are registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bonds, and all notices with respect to such Bonds, shall be made and given, respectively, in the manner provided in the Letter of Representations. - 11 - US 349481v.1 Town Council 227 of 333 Meeting Date: April 26, 2010 ARTICLE IV REDEMPTION OF BONDS BEFORE MATURITY Section 4.01. Limitation on Redemption. The Bonds shall be subject to redemption before scheduled maturity only as provided in this Article IV. Section 4.02. Optional Redemption. (a) The Town reserves the option to redeem Bonds maturing on and after September 1, 2021 in whole or any part, in principal amounts of $5,000 or any integral multiple thereof before their respective scheduled maturity dates, on September 1, 2020, or on any date thereafter, such redemption date or dates to be fixed by the Town, at a price equal to the principal amount of the Bonds called for redemption plus accrued interest to the date fixed for redemption. (b) If less than all of the Bonds are to be redeemed pursuant to an optional redemption, the Town shall determine the maturity or maturities and the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar to call by lot the Bonds, or portions thereof, within such maturity or maturities and in such principal amounts for redemption. (c) The Town, at least 45 days before the redemption date, unless a shorter period shall be satisfactory to the Paying Agent/Registrar, shall notify the Paying Agent/Registrar of such redemption date and of the principal amount of Bonds to be redeemed. Section 4.03. Mandatory Sinking Fund Redemption. (a) The Bonds maturing on September 1 in the years 20___ and 20___ (the “Term Bonds”), are subject to scheduled mandatory redemption and will be redeemed by the Town, in part at a price equal to the principal amount thereof, without premium, plus accrued interest to the redemption date, out of moneys available for such purpose in the Interest and Sinking Fund, on the dates and in the respective principal amounts as set forth in the following schedule: Term Bonds Maturing September 1, 20__ Redemption Date Principal Amount 09/1/20__ $ 09/1/20__ 08/1/20__ (Maturity) $ Term Bonds Maturing September 1, 20__ Redemption Date Principal Amount 09/1/20__ $ 09/1/20__ (Maturity) $ - 12 - US 349481v.1 Town Council 228 of 333 Meeting Date: April 26, 2010 (b) At least forty-five (45) days prior to each scheduled mandatory redemption date, the Paying Agent/Registrar shall select for redemption by lot, or by any other customary method that results in a random selection, a principal amount of Term Bonds equal to the aggregate principal amount of such Term Bonds to be redeemed, shall call such Term Bonds for redemption on such scheduled mandatory redemption date, and shall give notice of such redemption, as provided in Section 4.05. (c) The principal amount of the Term Bonds required to be redeemed on any redemption date pursuant to subparagraph (a) of this Section 4.03 shall be reduced, at the option of the Town, by the principal amount of any Term Bonds which, at least 45 days prior to the mandatory sinking fund redemption date shall have been acquired by the Town at a price not exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation. Section 4.04. Partial Redemption. (a) A portion of a single Bond of a denomination greater than $5,000 may be redeemed, but only in a principal amount equal to $5,000 or any integral multiple thereof. If such a Bond is to be partially redeemed, the Paying Agent/Registrar shall treat each $5,000 portion of the Bond as though it were a single Bond for purposes of selection for redemption. (b) Upon surrender of any Bond for redemption in part, the Paying Agent/Registrar, in accordance with Section 3.06 of this Ordinance, shall authenticate and deliver an exchange Bond or Bonds in an aggregate principal amount equal to the unredeemed portion of the Bond so surrendered, such exchange being without charge. (c) The Paying Agent/Registrar shall promptly notify the Town in writing of the principal amount to be redeemed of any Bond as to which only a portion thereof is to be redeemed. Section 4.05. Notice of Redemption to Owners. (a) The Paying Agent/Registrar shall give notice of any redemption of Bonds by sending notice by first class United States mail, postage prepaid, not less than 30 days before the date fixed for redemption, to the Owner of each Bond (or part thereof) to be redeemed, at the address shown on the Register at the close of business on the business day next preceding the date of mailing such notice. (b) The notice shall state the redemption date, the redemption price, the place at which the Bonds are to be surrendered for payment, and, if less than all the Bonds outstanding are to be redeemed, an identification of the Bonds or portions thereof to be redeemed. (c) Any notice given as provided in this Section shall be conclusively presumed to have been duly given, whether or not the Owner receives such notice. - 13 - US 349481v.1 Town Council 229 of 333 Meeting Date: April 26, 2010 Section 4.06. Payment Upon Redemption. (a) Before or on each redemption date, the Town shall deposit with the Paying Agent/Registrar money sufficient to pay all amounts due on the redemption date and the Paying Agent/Registrar shall make provision for the payment of the Bonds to be redeemed on such date by setting aside and holding in trust such amounts as are received by the Paying Agent/Registrar from the Town and shall use such funds solely for the purpose of paying the principal of, redemption premium, if any, and accrued interest on the Bonds being redeemed. (b) Upon presentation and surrender of any Bond called for redemption at the Designated Payment/Transfer Office on or after the date fixed for redemption, the Paying Agent/Registrar shall pay the principal of, redemption premium, if any, and accrued interest on such Bond to the date of redemption from the money set aside for such purpose. Section 4.07. Effect of Redemption. (a) Notice of redemption having been given as provided in Section 4.05 of this Ordinance, the Bonds or portions thereof called for redemption shall become due and payable on the date fixed for redemption and, unless the Town defaults in its obligation to make provision for the payment of the principal thereof, redemption premium, if any, or accrued interest thereon, such Bonds or portions thereof shall cease to bear interest from and after the date fixed for redemption, whether or not such Bonds are presented and surrendered for payment on such date. (b) If the Town shall fail to make provision for payment of all sums due on a redemption date, then any Bond or portion thereof called for redemption shall continue to bear interest at the rate stated on the Bond until due provision is made for the payment of same by the Town. Section 4.08. Conditional Notice of Redemption. (a) The Town reserves the right, in the case of an optional redemption pursuant to Section 4.02 herein, to give notice of its election or direction to redeem Bonds conditioned upon the occurrence of subsequent events. Such notice may state (i) that the redemption is conditioned upon the deposit of moneys and/or authorized securities, in an amount equal to the amount necessary to effect the redemption, with the Paying Agent/Registrar, or such other entity as may be authorized by law, no later than the redemption date, or (ii) that the Town retains the right to rescind such notice at any time on or prior to the scheduled redemption date if the Town delivers a certificate of the Town to the Paying Agent/Registrar instructing the Paying Agent/Registrar to rescind the redemption notice and such notice and redemption shall be of no effect if such moneys and/or authorized securities are not so deposited or if the notice is rescinded. The Paying Agent/Registrar shall give prompt notice of any such rescission of a conditional notice of redemption to the affected Owners. Any Bonds subject to conditional redemption and such redemption has been rescinded shall remain Outstanding and the rescission of such redemption shall not constitute an Event of Default. Further, in the case of a conditional redemption, the failure of the Town to make moneys and or authorized securities available in part or in whole on or before the redemption date shall not constitute an Event of Default. - 14 - US 349481v.1 Town Council 230 of 333 Meeting Date: April 26, 2010 Section 4.09. Lapse of Payment. Money set aside for the redemption of Bonds and remaining unclaimed by the Owners of such Bonds shall be subject to the provisions of Section 3.03(f) hereof. ARTICLE V PAYING AGENT/REGISTRAR Section 5.01. Appointment of Initial Paying Agent/Registrar. The Bank of New York Mellon Trust Company, N. A. is hereby appointed as the initial Paying Agent/Registrar for the Bonds. Section 5.02. Qualifications. Each Paying Agent/Registrar shall be a commercial bank, a trust company organized under the laws of the State of Texas, or any other entity duly qualified and legally authorized to serve as and perform the duties and services of paying agent and registrar for the Bonds. Section 5.03. Maintaining Paying Agent/Registrar. (a) At all times while any Bonds are outstanding, the Town will maintain a Paying Agent/Registrar that is qualified under Section 5.02 of this Ordinance. The Mayor is hereby authorized and directed to execute, and the Town Secretary to attest, an agreement (the “Paying Agent/Registrar Agreement”), in the form presented at this meeting, with the Paying Agent/Registrar specifying the duties and responsibilities of the Town and the Paying Agent/Registrar. (b) If the Paying Agent/Registrar resigns or otherwise ceases to serve as such, the Town will promptly appoint a replacement. Section 5.04. Termination. The Town, upon not less than 60 days notice, reserves the right to terminate the appointment of any Paying Agent/Registrar by delivering to the entity whose appointment is to be terminated written notice of such termination. Section 5.05. Notice of Change to Owners. Promptly upon each change in the entity serving as Paying Agent/Registrar, the Town will cause notice of the change to be sent to each Owner by first class United States mail, postage prepaid, at the address in the Register, stating the effective date of the change and the name and mailing address of the replacement Paying Agent/Registrar. - 15 - US 349481v.1 Town Council 231 of 333 Meeting Date: April 26, 2010 Section 5.06. Agreement to Perform Duties and Functions. By accepting the appointment as Paying Agent/Registrar and executing the Paying Agent/Registrar Agreement, the Paying Agent/Registrar is deemed to have agreed to the provisions of this Ordinance and that it will perform the duties and functions of Paying Agent/Registrar prescribed thereby. Section 5.07. Delivery of Records to Successor. If a Paying Agent/Registrar is replaced, such Paying Agent/Registrar, promptly upon the appointment of the successor, will deliver the Register (or a copy thereof) and all other pertinent books and records relating to the Bonds to the successor Paying Agent/Registrar. ARTICLE VI FORM OF THE BONDS Section 6.01. Form Generally. (a) The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Certificate of the Paying Agent/Registrar, and the Assignment form to appear on each of the Bonds, (i) shall be substantially in the form set forth in this Article, with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance, and (ii) may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as, consistently herewith, may be determined by the Town or by the officers executing such Bonds, as evidenced by their execution thereof. (b) Any portion of the text of any Bonds may be set forth on the reverse side thereof, with an appropriate reference thereto on the face of the Bonds. (c) The definitive Bonds shall be typewritten, printed, lithographed, or engraved, and may be produced by any combination of these methods or produced in any other similar manner, all as determined by the officers executing such Bonds, as evidenced by their execution thereof. (d) The Initial Bond submitted to the Attorney General of the State of Texas may be typewritten and photocopied or otherwise reproduced. Section 6.02. Form of the Bonds. The form of the Bonds, including the form of the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the form of Certificate of the Paying Agent/Registrar and the form of Assignment appearing on the Bonds, shall be substantially as follows: - 16 - US 349481v.1 Town Council 232 of 333 Meeting Date: April 26, 2010 (a) Form of Bond REGISTERED REGISTERED No. __________ $__________ United States of America State of Texas Counties of Denton and Tarrant TOWN OF TROPHY CLUB, TEXAS GENERAL OBLIGATION BOND SERIES 2010 INTEREST RATE: MATURITY DATE: BOND DATE: CUSIP NUMBER: _____% _______, ____ May 15, 2010 _______ ___ The Town of Trophy Club, Texas (the “Town”), in the Counties of Denton and Tarrant, State of Texas, for value received, hereby promises to pay to ________________________ or registered assigns, on the Maturity Date specified above, the sum of ____________________ DOLLARS unless this Bond shall have been sooner called for redemption and the payment of the principal hereof shall have been paid or provided for, and to pay interest on such principal amount from the later of the Bond Date specified above or the most recent interest payment date to which interest has been paid or provided for until payment of such principal amount has been paid or provided for, at the per annum rate of interest specified above, computed on the basis of a 360 day year of twelve 30 day months, such interest to be paid semiannually on March 1 and September 1 of each year, commencing March 1, 2010. The principal of this Bond shall be payable without exchange or collection charges in lawful money of the United States of America upon presentation and surrender of this Bond at the designated office in Dallas, Texas of The Bank of New York Mellon Trust Company, N. A., as Paying Agent/Registrar (the “Designated Payment/Transfer Office”), or, with respect to a successor paying agent/registrar, at the Designated Payment/Transfer Office of such successor. Interest on this Bond is payable by check dated as of the interest payment date, and will be mailed by the Paying Agent/Registrar to the registered owner at the address shown on the registration books kept by the Paying Agent/Registrar or by such other customary banking arrangement acceptable to the Paying Agent/Registrar and the registered owner; provided, however, such registered owner shall bear all risk and expense of such other banking arrangement. For the purpose of the payment of interest on this Bond, the registered owner shall be the person in whose name this Bond is registered at the close of business on the “Record Date,” which shall be the last Business Day of the month next preceding such interest payment - 17 - US 349481v.1 Town Council 233 of 333 Meeting Date: April 26, 2010 date; provided, however, that in the event of nonpayment of interest on a scheduled payment date and for 30 days thereafter, a new record date for such interest payment (a “Special Record Date”) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Town. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the “Special Payment Date,” which date shall be 15 days after the Special Record Date) shall be sent at least five Business Days prior to the Special Record Date by United States mail, first class, postage prepaid, to the address of each registered owner of a Bond appearing on the books of the Paying Agent/Registrar at the close of business on the last Business Day preceding the date of mailing of such notice. If the date for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, legal holiday, or day on which banking institutions in the Town where the Designated Payment/Transfer Office is located are required or authorized by law or executive order to close, the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday, or day on which banking institutions are required or authorized to close, and payment on such date shall have the same force and effect as if made on the original date payment was due and no additional interest shall be due by reason of nonpayment on the date on which such payment is otherwise stated to be due and payable. This Bond is one of a series of fully registered bonds specified in the title hereof issued in the aggregate principal amount of $5,000,000 (herein referred to as the “Bonds”), issued pursuant to a certain ordinance of the Town (the “Ordinance”) for the purpose of providing funds to make certain permanent public improvements within the Town, and to pay the costs of issuing the Bonds. The Town has reserved the option to redeem the Bonds maturing on or after September 1, 2021 in whole or in part before their respective scheduled maturity dates, on September 1, 2020 or on any date thereafter, at a price equal to the principal amount of the Bonds so called for redemption plus accrued interest to the date fixed for redemption. If less than all of the Bonds are to be redeemed, the Town shall determine the maturity or maturities and the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar to call by lot the Bonds, or portions thereof, within such maturity and in such principal amounts, for redemption. The Bonds maturing on September 1 in the years 20__ and 20__ (the “Term Bonds”), are subject to scheduled mandatory redemption and will be redeemed by the Town, in part at a price equal to the principal amount thereof, without premium, plus accrued interest to the redemption date, out of moneys available for such purpose in the Interest and Sinking Fund, on the dates and in the respective principal amounts as set forth in the following schedule: Term Bonds Maturing September 1, 20__ Redemption Date Principal Amount 09/1/20__ $ 09/1/20__ 09/1/20__ (Maturity) $ - 18 - US 349481v.1 Town Council 234 of 333 Meeting Date: April 26, 2010 Term Bonds Maturing September 1, 20__ Redemption Date Principal Amount 09/1/20__ $ 09/1/20__ (Maturity) $ The Paying Agent/Registrar will select by lot the specific Term Bonds (or with respect to Term Bonds having a denomination in excess of $5,000, each $5,000 portion thereof) to be redeemed by mandatory redemption. The principal amount of Term Bonds required to be redeemed on any redemption date pursuant to the foregoing mandatory sinking fund redemption provisions hereof shall be reduced, at the option of the Town, by the principal amount of any Term Bonds which, at least 45 days prior to the mandatory sinking fund redemption date shall have been acquired by the Town at a price not exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation The Town reserves the right to give notice of its election or direction to redeem Bonds conditioned upon the occurrence of subsequent events. Such notice may state (i) that the redemption is conditioned upon the deposit of moneys and/or authorized securities, in an amount equal to the amount necessary to effect the redemption, with the Paying Agent/Registrar, or such other entity as may be authorized by law, no later than the redemption date, or (ii) that the Town retains the right to rescind such notice at any time on or prior to the scheduled redemption date if the Town delivers a certificate of the Town to the Paying Agent/Registrar instructing the Paying Agent/Registrar to rescind the redemption notice and such notice and redemption shall be of no effect if such moneys and/or authorized securities are not so deposited or if the notice is rescinded. The Paying Agent/Registrar shall give prompt notice of any such rescission of a conditional notice of redemption to the affected Owners. Any Bonds subject to conditional redemption and such redemption has been rescinded shall remain outstanding and the rescission of such redemption shall not constitute an event of default. Further, in the case of a conditional redemption, the failure of the Town to make moneys and or authorized securities available in part or in whole on or before the redemption date shall not constitute an event of default. Not less than thirty (30) days prior to a redemption date for the Bonds, the Town shall cause a notice of redemption to be sent by United States mail, first class, postage prepaid, to the Owners of the Bonds to be redeemed at the address of the Owner appearing on the registration books of the Paying Agent/Registrar at the close of business on the Business Day next preceding the date of mailing such notice. Notice of such redemption or redemptions shall be given by first class mail, postage prepaid, not less than 30 days before the date fixed for redemption, to the registered owner of each of the Bonds to be redeemed in whole or in part. Notice having been so given, the Bonds or portions thereof designated for redemption shall become due and payable on the redemption date specified in such notice; from and after such date, notwithstanding that any of the Bonds or - 19 - US 349481v.1 Town Council 235 of 333 Meeting Date: April 26, 2010 portions thereof so called for redemption shall not have been surrendered for payment, interest on such Bonds or portions thereof shall cease to accrue. As provided in the Ordinance, and subject to certain limitations therein set forth, this Bond is transferable upon surrender of this Bond for transfer at the Designated Payment/Transfer Office with such endorsement or other evidence of transfer as is acceptable to the Paying Agent/Registrar; thereupon, one or more new fully registered Bonds of the same stated maturity, of authorized denominations, bearing the same rate of interest, and for the same aggregate principal amount will be issued to the designated transferee or transferees. Neither the Town nor the Paying Agent/Registrar shall be required to issue, transfer or exchange any Bond called for redemption where such redemption is scheduled to occur within 45 calendar days of the date fixed for redemption; provided, however, such limitation shall not be applicable to an exchange by the registered owner of the uncalled principal balance of a Bond. The Town, the Paying Agent/Registrar, and any other person may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except interest shall be paid to the person in whose name this Bond is registered on the Record Date or Special Record Date, as applicable) and for all other purposes, whether or not this Bond be overdue, and neither the Town nor the Paying Agent/Registrar shall be affected by notice to the contrary. IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond and the series of which it is a part is duly authorized by law and has been authorized by a vote of the properly qualified electors of the Town; that all acts, conditions and things required to be done precedent to and in the issuance of the Bonds have been properly done and performed and have happened in regular and due time, form and manner, as required by law; that ad valorem taxes upon all taxable property in the Town have been levied for and pledged to the payment of the debt service requirements of the Bonds, within the limit prescribed by law, and that the total indebtedness of the Town, including the Bonds, does not exceed any statutory or Constitutional limitation. IN WITNESS WHEREOF, the Town has caused this Bond to be executed in its name by the manual or facsimile signature of the Mayor of the Town and countersigned by the manual or facsimile signature of the Town Secretary of the Town, and the official seal of the Town has been duly impressed or placed in facsimile on this Bond. ____________________________________ ____________________________________ Town Secretary, Mayor, Town of Trophy Club, Texas Town of Trophy Club, Texas [SEAL] - 20 - US 349481v.1 Town Council 236 of 333 Meeting Date: April 26, 2010 (b) Form of Comptroller’s Registration Certificate. The following Comptroller’s Registration Certificate may be deleted from the definitive Bonds if such Certificate on the Initial Bond is fully executed. OFFICE OF THE COMPTROLLER § OF PUBLIC ACCOUNTS § REGISTER NO. _____________ OF THE STATE OF TEXAS § I hereby certify that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this Bond has been examined by him as required by law, that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation of the Town of Irving, Texas, and that this Bond has this day been registered by me. Witness my hand and seal of office at Austin, Texas, _______________. ____________________________________ Comptroller of Public Accounts of the State of Texas [SEAL] (c) Form of Certificate of Paying Agent/Registrar. The following Certificate of Paying Agent/Registrar may be deleted from the Initial Bond if the executed Comptroller’s Registration Certificate appears thereon. CERTIFICATE OF PAYING AGENT/REGISTRAR The records of the Paying Agent/Registrar show that the Initial Bond of this series of bonds was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas, and that this is one of the Bonds referred to in the within mentioned Ordinance. THE BANK OF NEW YORK MELLON TRUST COMPANY, N. A., Dallas, Texas, as Paying Agent/Registrar Dated: ______________________ ____________________________________ Authorized Signatory - 21 - US 349481v.1 Town Council 237 of 333 Meeting Date: April 26, 2010 (d) Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto (print or typewrite name, address and Zip Code of transferee): __________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (Social Security or other identifying number: ____________________) the within Bond and all rights hereunder and hereby irrevocably constitutes and appoints ___________________ attorney to transfer the within Bond on the books kept for registration hereof, with full power of substitution in the premises. Date: ______________________ Signature Guaranteed By: ___________________________ ___________________________ Authorized Signatory ________________________________________ NOTICE: The signature on this Assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular and must be guaranteed in a manner acceptable to the Paying Agent/Registrar. (e) The Initial Bond shall be in the form set forth in paragraphs (a), (b) and (d) of this Section, except for the following alterations: (i) immediately under the name of the Bond, the headings “INTEREST RATE” and “MATURITY DATE” shall be completed with the words “As Shown Below” and CUSIP NUMBER” shall be deleted; (ii) in the first paragraph of the Bond, the words “on the Maturity Date specified above” shall be deleted and the following will be inserted: “on September 15 in each of the years, in the principal installments and bearing interest at the per annum rates in accordance with the following schedule: Years Principal Installments Interest Rate (Information to be inserted from schedule in Section 3.02 of this Ordinance) (iii) the Initial Bond shall be numbered T-1. Section 6.03. CUSIP Registration. The Town may secure identification numbers through the CUSIP Service Bureau Division of Standard & Poor’s Corporation, New York, New York, and may authorize the printing of such numbers on the face of the Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the Bonds shall be of no significance or effect as - 22 - US 349481v.1 Town Council 238 of 333 Meeting Date: April 26, 2010 regards the legality thereof and neither the Town nor the attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed on the Bonds. Section 6.04. Legal Opinion. The approving legal opinions of Vinson & Elkins L.L.P., Bond Counsel, may be printed on the reverse side of or attached to each Bond over the certification of the Town Secretary of the Town, which may be executed in facsimile. Section 6.05. Statement of Insurance. A statement relating to a municipal bond insurance policy, if any, to be issued for the Bonds may be printed on or attached to each Bond. ARTICLE VII SALE AND DELIVERY OF BONDS, DEPOSIT OF PROCEEDS Section 7.01. Creation of Funds. (a) The Town hereby establishes the following funds: (i) “Town of Trophy Club, Texas, General Obligation Bonds, Series 2010, Interest and Sinking Fund” (the “Interest and Sinking Fund”) and (ii) “Town of Trophy Club, Texas, General Obligation Bonds, Series 2010, Construction Fund” (the “Construction Fund”). (b) The Interest and Sinking Fund and the Construction Fund shall be maintained at an official depository bank of the Town which must be a member of the Federal Deposit Insurance Corporation. Section 7.02. Interest and Sinking Fund. (a) The taxes levied under Section 2.01 of this Ordinance shall be deposited to the credit of the Interest and Sinking Fund at such times and in such amounts as necessary for the timely payment of the principal and interest on the Bonds. (b) If the amount of money in the Interest and Sinking Fund is at least equal to the aggregate principal amount of the outstanding Bonds plus the aggregate amount of interest due and that will become due and payable on such Bonds, no further deposits to that fund need be made. (c) Money on deposit in the Interest and Sinking Fund shall be used to pay principal of and interest on the Bonds as such become due and payable. Section 7.03. Sale of Bonds, Official Statement. (a) The Bonds, having been duly advertised for public sale and a bid or bids received pursuant thereto, are hereby officially sold and awarded to _________________ (the “Purchaser”), having submitted the bid which produced the lowest true interest cost to the Town - 23 - US 349481v.1 Town Council 239 of 333 Meeting Date: April 26, 2010 (b) The form and substance of the Preliminary Official Statement and any addenda, supplement or amendment thereto, and the final Official Statement (the “Official Statement”) presented to and considered at this meeting, are hereby in all respects approved and adopted and the Preliminary Official Statement is hereby deemed final as of its date within the meaning and for the purposes of paragraph (b)(1) of Rule 15c2 12 under the Securities Exchange Act of 1934, as amended. The Mayor and Town Secretary of the Town are hereby authorized and directed to execute the same and deliver appropriate numbers of executed copies thereof to the Purchaser. The Official Statement as thus approved, executed and delivered, with such appropriate variations as shall be approved by the Mayor of the Town and the Purchaser, may be used by the Purchaser in the public offering and sale thereof. The Town Secretary is hereby authorized and directed to include and maintain a copy of the Official Statement and any addenda, supplement or amendment thereto thus approved among the permanent records of this meeting. The use and distribution of the Preliminary Official Statement, and the preliminary public offering of the Bonds by the Purchaser is hereby ratified, approved and confirmed. (c) All officers of the Town are authorized to execute such documents, certificates and receipts, and to make such elections with respect to the tax exempt status of Bonds, as they may deem appropriate in order to consummate the delivery of the Bonds in accordance with the provisions and terms of the Notice of Sale and Bidding Instructions and this Ordinance. Further, in connection with the submission of the record of proceedings for the Bonds to the Attorney General of the State of Texas for examination and approval of such Bonds, the appropriate officer of the Town is hereby authorized and directed to issue a check of the Town payable to the Attorney General of the State of Texas as a nonrefundable examination fee in the amount required by Chapter 1202, Texas Government Code (such amount not to exceed $9,500). (d) The obligation of the Purchaser to accept delivery of the Bonds is subject to such purchaser being furnished with the final, approving opinion of Vinson & Elkins L.L.P., bond counsel for the Town, which opinion shall be dated and delivered the Closing Date. Section 7.04. Control and Delivery of Bonds. (a) The Mayor of the Town is hereby authorized to have control of the Initial Bond and all necessary records and proceedings pertaining thereto pending investigation, examination and approval of the Attorney General of the State of Texas, registration by the Comptroller of Public Accounts of the State and registration with, and initial exchange or transfer by, the Paying Agent/Registrar. (b) After registration by the Comptroller of Public Accounts, delivery of the Bonds shall be made to the Purchaser under and subject to the general supervision and direction of the Mayor, against receipt by the Town of all amounts due to the Town under the terms of sale. (c) In the event the Mayor or Town Secretary is absent or otherwise unable to execute any document or take any action authorized herein, the Mayor Pro Tem and the Assistant Town - 24 - US 349481v.1 Town Council 240 of 333 Meeting Date: April 26, 2010 Section 7.05. Deposit of Proceeds. (a) All amounts received on the Closing Date as accrued interest on the Bonds from the Bond Date to the Closing Date, shall be deposited to the Interest and Sinking Fund. (b) The remaining balance shall be deposited to the Construction Fund, and shall be used for the purposes described in Section 3.01 and to pay the costs of issuing the Bonds. ARTICLE VIII INVESTMENTS Section 8.01. Investments. (a) Money in the Interest and Sinking Fund created by this Ordinance, at the option of the Town, may be invested in such securities or obligations as permitted under applicable law as in effect on the date of the investment. (b) Any securities or obligations in which money in the Interest and Sinking Fund is so invested shall be kept and held in trust for the benefit of the Owners and shall be sold and the proceeds of sale shall be timely applied to the making of all payments required to be made from the Interest and Sinking Fund. Section 8.02. Investment Income. (a) Interest and income derived from investment of the Interest and Sinking Fund shall be credited to such Fund. (b) Interest and income derived from the investment of funds deposited pursuant to Section 7.05(b) hereof shall be credited to the fund or account where deposited until completion of the Projects; thereafter, to the extent such interest and income are present, such interest and income shall be deposited to the Interest and Sinking Fund. ARTICLE IX PARTICULAR REPRESENTATIONS AND COVENANTS Section 9.01. Payment of the Bonds. On or before each Interest Payment Date for the Bonds and while any of the Bonds are outstanding and unpaid, there shall be made available to the Paying Agent/Registrar, out of the Interest and Sinking Fund, money sufficient to pay such interest on and principal of the Bonds as - 25 - US 349481v.1 Town Council 241 of 333 Meeting Date: April 26, 2010 will accrue or mature on the applicable Interest Payment Date, maturity date or date of prior redemption. Section 9.02. Other Representations and Covenants. (a) The Town will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Ordinance and in each Bond; the Town will promptly pay or cause to be paid the principal of and interest on each Bond on the dates and at the places and manner prescribed in such Bond; and the Town will, at the times and in the manner prescribed by this Ordinance, deposit or cause to be deposited the amounts of money specified by this Ordinance. (b) The Town is duly authorized under the laws of the State of Texas to issue the Bonds; all action on its part for the creation and issuance of the Bonds has been duly and effectively taken; and the Bonds in the hands of the Owners thereof are and will be valid and enforceable obligations of the Town in accordance with their terms. Section 9.03. Provisions Concerning Federal Income Tax Exclusion. The Town intends that the interest on the Bonds shall be excludable from gross income for purposes of federal income taxation pursuant to sections 103 and 141 through 150 of the Internal Revenue Code of 1986, as amended (the “Code”), and the applicable regulations promulgated thereunder (the “Regulations”). The Town covenants and agrees not to take any action, or knowingly omit to take any action within its control, that if taken or omitted, respectively, would cause the interest on the Bonds to be includable in the gross income, as defined in section 61 of the Code, of the holders thereof for purposes of federal income taxation. In particular, the Town covenants and agrees to comply with each requirement of this Article IX; provided, however, that the Town shall not be required to comply with any particular requirement of this Article IX, if the Town has received an opinion of nationally recognized bond counsel (“Counsel’s Opinion”) that such noncompliance will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds or if the Town has received a Counsel’s Opinion to the effect that compliance with some other requirement set forth in this Article IX, will satisfy the applicable requirements of the Code and the Regulations, in which case compliance with such other requirement specified in such Counsel’s Opinion shall constitute compliance with the corresponding requirement specified in this Article IX. Section 9.04. No Private Use or Payment and No Private Loan Financing. The Town shall certify, through an authorized officer, employee or agent, that, based upon all facts and estimates known or reasonably expected to be in existence on the date the Bonds are delivered, the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be “private activity bonds” within the meaning of section 141 of the Code and the Regulations. The Town covenants and agrees that it will make such use of the proceeds of the Bonds, including interest or other investment income derived from Bond proceeds, regulate the use of property financed, directly or indirectly, with such proceeds, and take such other and - 26 - US 349481v.1 Town Council 242 of 333 Meeting Date: April 26, 2010 further action as may be required so that the Bonds will not be “private activity bonds” within the meaning of section 141 of the Code and the Regulations promulgated thereunder. Section 9.05. No Federal Guaranty. The Town covenants and agrees not to take any action, or knowingly omit to take any action within its control, that, if taken or omitted, respectively, would cause the Bonds to be “federally guaranteed” within the meaning of section 149(b) of the Code and the Regulations, except as permitted by section 149(b)(3) of the Code and the Regulations. Section 9.06. Bonds are not Hedge Bonds. The Town covenants and agrees not to take any action, or knowingly omit to take any action, and has not knowingly omitted and will not knowingly omit to take any action, within its control, that, if taken or omitted, respectively, would cause the Bonds to be “hedge bonds” within the meaning of section 149(g) of the Code and the Regulations. Section 9.07. No Arbitrage Covenant. The Town shall certify, through an authorized officer, employee or agent, that, based upon all facts and estimates known or reasonably expected to be in existence on the date the Bonds are delivered, the Town will reasonably expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be “arbitrage bonds” within the meaning of section 148(a) of the Code and the Regulations. Moreover, the Town covenants and agrees that it will make such use of the proceeds of the Bonds including interest or other investment income derived from Bond proceeds, regulate investments of proceeds of the Bonds, and take such other and further action as may be required so that the Bonds will not be “arbitrage bonds” within the meaning of section 148(a) of the Code and the applicable Regulations promulgated thereunder. Section 9.08. Arbitrage Rebate. If the Town does not qualify for an exception to the requirements of Section 148(f) of the Code, the Town will take all necessary steps to comply with the requirement that certain amounts earned by the Town on the investment of the “gross proceeds” of the Bonds (within the meaning of section 148(f)(6)(B) of the Code), be rebated to the federal government. Specifically, the Town will (i) maintain records regarding the investment of the gross proceeds of the Bonds as may be required to calculate the amount earned on the investment of the gross proceeds of the Bonds separately from records of amounts on deposit in the funds and accounts of the Town allocable to other bond issue of the Town or moneys which do not represent gross proceeds of any bonds of the Town, (ii) calculate at such times as are required by the Regulations, the amount earned from the investment of the gross proceeds of the Bonds which is required to be rebated to the federal government, and (iii) pay, not less often than every fifth anniversary date of the delivery of the Bonds or on such other dates as may be permitted under the Regulations, all amounts required to be rebated to the federal government. Further, the Town will not indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the gross proceeds of the Bonds that might result in a reduction in the amount required to be paid to the federal government because such arrangement results in a - 27 - US 349481v.1 Town Council 243 of 333 Meeting Date: April 26, 2010 smaller profit or a larger loss than would have resulted if the arrangement had been at arm’s length and had the yield on the issue not been relevant to either party. Section 9.09. Qualified Tax-Exempt Obligations. The Town hereby designates the Bonds as “qualified tax-exempt obligations” for purposes of section 265(b) of the Code. In connection therewith, the Town represents (a) that the aggregate amount of tax-exempt obligations issued by the Town during calendar year 2010, including the Bonds, which have been designated as “qualified tax-exempt obligations” under section 265(b)(3) of the Code does not exceed $30,000,000, and (b) that the reasonably anticipated amount of its tax-exempt obligations which will be issued by the Town during calendar year 2010, including the Bonds, will not exceed $30,000,000. For purposes of this Section 10.09, the term “tax-exempt obligations” does not include “ private activity bonds” within the meaning of section 141 of the Code, other than “qualified 501(c)(3) bonds” within the meaning of section 145 of the Code. In addition, for purposes of this Section 10.09, the Town includes all governmental units which are aggregate with the Town under section 265(b) of the Code. Section 9.10. Information Reporting. The Town covenants and agrees to file or cause to be filed with the Secretary of the Treasury, not later than the 15th day of the second calendar month after the close of the calendar quarter in which the Bonds are issued, an information statement concerning the Bonds, all under and in accordance with section 149(e) of the Code and the Regulations. Section 9.11. Continuing Obligation. Notwithstanding any other provision of this Ordinance, the Town’s obligations under the covenants and provisions of this Article IX, shall survive the defeasance and discharge of the Bonds. ARTICLE X DEFAULT AND REMEDIES Section 10.01. Events of Default. Each of the following occurrences or events for the purpose of this Ordinance is hereby declared to be an Event of Default: (i) the failure to make payment of the principal of or interest on any of the Bonds when the same becomes due and payable; or (ii) default in the performance or observance of any other covenant, agreement or obligation of the Town, which default materially and adversely affects the rights of the Owners, including but not limited to, their prospect or ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of 60 days after notice of such default is given by any Owner to the Town. - 28 - US 349481v.1 Town Council 244 of 333 Meeting Date: April 26, 2010 Section 10.02. Remedies for Default. (a) Upon the happening of any Event of Default, then any Owner or an authorized representative thereof, including but not limited to, a trustee or trustees therefor, may proceed against the Town for the purpose of protecting and enforcing the rights of the Owners under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the Owners hereunder or any combination of such remedies. (b) It is provided that all such proceedings shall be instituted and maintained for the equal benefit of all Owners of Bonds then outstanding. Section 10.03. Remedies Not Exclusive. (a) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under the Bonds or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision of this Ordinance, the right to accelerate the debt evidenced by the Bonds shall not be available as a remedy under this Ordinance. (b) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy. ARTICLE XI DISCHARGE Section 11.01. Discharge. The Bonds may be defeased, discharged or refunded in any manner permitted by applicable law. ARTICLE XII CONTINUING DISCLOSURE UNDERTAKING Section 12.01. Annual Reports. The Town shall provide annually to the MSRB, within six (6) months after the end of each fiscal year, financial information and operating data with respect to the Town of the general type included in the final Official Statement, being the information described in Exhibit A hereto. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit A hereto, and (ii) audited, if the Town commissions an audit of such statements and the audit is completed within the period during which they must be provided, and (iii) submitted through the EMMA, in an electronic format with accompanying - 29 - US 349481v.1 Town Council 245 of 333 Meeting Date: April 26, 2010 identifying information, as prescribed by the MSRB. If the audit of such financial statements is not complete within such period, then the Town shall provide notice that audited financial statements are not available and shall provide unaudited financial statements for the applicable fiscal year to the MSRB. The Town shall provide audited financial statements for the applicable fiscal year to the MSRB. Thereafter, when and if audited financial statements become available, the Town shall provide such audited financial statements as required to the MSRB. If the Town changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the Town otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to the MSRB or filed with the SEC. Section 12.02. Material Event Notices. The Town shall notify the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: (i) principal and interest payment delinquencies; (ii) nonpayment related defaults; (iii) unscheduled draws on debt service reserves reflecting financial difficulties; (iv) unscheduled draws on credit enhancements reflecting financial difficulties; (v) substitution of credit or liquidity providers, or their failure to perform; (vi) adverse tax opinions or events affecting the tax exempt status of the Bonds; (vii) modifications to rights of Owners; (viii) redemption calls; (ix) defeasances; (x) release, substitution, or sale of property securing repayment of the Bonds; and (xi) rating changes. - 30 - US 349481v.1 Town Council 246 of 333 Meeting Date: April 26, 2010 The Town shall notify the MSRB, in a timely manner, of any failure by the Town to provide financial information or operating data in accordance with Section 12.01 of this Ordinance by the time required by such Section. Section 12.03. Limitations, Disclaimers and Amendments. The Town shall be obligated to observe and perform the covenants specified in this Article for so long as, but only for so long as, the Town remains an “obligated person” with respect to the Bonds within the meaning of the Rule, except that the Town in any event will give notice of any deposit made in accordance with Article XI that causes Bonds to no longer be outstanding. The provisions of this Article are for the sole benefit of the Owners and beneficial owners of the Bonds, and nothing in this Article, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Town undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Article and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Town’s financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Article or otherwise, except as expressly provided herein. The Town does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE TOWN BE LIABLE TO THE OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE TOWN, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the Town in observing or performing its obligations under this Article shall constitute a breach of or default under the Ordinance for purposes of any other provisions of this Ordinance. Nothing in this Article is intended or shall act to disclaim, waive, or otherwise limit the duties of the Town under federal and state securities laws. The provisions of this Article may be amended by the Town from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Town, but only if (i) the provisions of this Article, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (ii) either (A) the Owners of a majority in aggregate principal amount (or any greater amount required by any other provisions of this Ordinance that authorizes - 31 - US 349481v.1 Town Council 247 of 333 Meeting Date: April 26, 2010 - 32 - US 349481v.1 such an amendment) of the outstanding Bonds consent to such amendment or (B) an entity or individual person that is unaffiliated with the Town (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Owners and beneficial owners of the Bonds. If the Town so amends the provisions of this Article, it shall include with any amended financial information or operating data next provided in accordance with Section 12.01 an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in type of financial information or operating data so provide ________________________________________ Town Council 248 of 333 Meeting Date: April 26, 2010 Signature Page for Bond Ordinance Town of Trophy Club General Obligation Bonds, Series 2010 US 349481v.1 APPROVED AND ADOPTED this _____ day of April, 2010. ____________________________________ Mayor, Town of Trophy Club, Texas ATTEST: ____________________________________ Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas Town Council 249 of 333 Meeting Date: April 26, 2010 A-1 US 349481v.1 EXHIBIT A DESCRIPTION OF ANNUAL DISCLOSURE OF FINANCIAL INFORMATION The following information is referred to in Article XII of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the Town to be provided annually in accordance with such Article are as specified (and included in the Appendix or other headings of the Official Statement referred to) below: 1. The portions of the financial statements of the Town appended to the Official Statement as Appendix D, but for the most recently concluded fiscal year. 2. Statistical and financial data set forth in Tables numbered 1, 2, 3, 9, 10, 12, 13, 14 and 20 in Appendix A. Accounting Principles The accounting principles referred to in such Article are the accounting principles described in the notes to the financial statements referred to in Paragraph 1 above. Town Council 250 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-240-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/22/2010 Town Council On agenda:Final action:4/26/2010 Title:Review of Proclamation 2010-03 informing candidates and Council members of fair campaign practices, and discussion of those standards and expected conduct. Attachments:Proc 2010-03.pdf Email Backup.pdf Action ByDate Action ResultVer. Town Council 251 of 333 Meeting Date: April 26, 2010 12010-240-T Version:File #: Title Review of Proclamation 2010-03 informing candidates and Council members of fair campaign practices, and discussion of those standards and expected conduct. Body Questions have been received from residents regarding the attached email and adherence to Proclamation 2010-03. Town Council 252 of 333 Meeting Date: April 26, 2010 PROCLAMATION 2010-03 TOWN OF TROPHY CLUB, TEXAS A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, TO ALL ELECTED COUNCIL MEMBERS AND CANDIDATES RUNNING FOR THE MAY 8,2010 ELECTION, INFORMING THEM OF TOWN COUNCIL'S INTENT AND DESIRE THAT EVERY ELECTED COUNCIL MEMBER AND CANDIDATE COMPLY WITH THEIR MORAL OBLIGATION TO OBSERVE ETHICAL STANDARDS IN CAMPAIGNING AND TO UPHOLD THOSE STANDARDS, IN ORDER THAT, AFTER VIGOROUSLY CONTESTED AND FAIRLY CONDUCTED CAMPAIGNS, OUR CITIZENS MAY BE KNOWLEDGEABLE AND EXERCISE THEIR CONSTITUTIONAL RIGHTS TO A FREE AND OPEN CHOICE AND THE WILL OF THE PEOPLE MAY BE FULLY AND CLEARLY EXPRESSED IN THE ELECTON. WHEREAS, each elected Council member and Council member candidate (hereinafter "Candidate") will conduct the campaign openly and publicly, and limit actions and communications to legitimate challenges to records, positions and issues; and WHEREAS, each elected Council member and Candidate will not use or permit the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any elected Council member or Candidate or their personal or family life; and WHEREAS, each elected Council member and Candidate will not use or permit any appeal to prejudice based on race, sex, religion, or national origin; and WHEREAS, each elected Council member and Candidate will not use campaign material of any sort that misrepresents, distorts, or otherwise falsifies the facts, nor will they use malicious or unfounded accusations that aim at creating or exploiting doubts, without justification, as to the personal integrity or patriotism of other candidates; and WHEREAS, each elected Council member and Candidate will not undertake or condone any dishonest or unethical practice that tends to corrupt or undermine our system of free elections or that hampers or prevents the full and free expression of the will of the voters, including any activity aimed at intimidating voters or discouraging them from voting; and WHEREAS, each elected Council member and Candidate will defend and uphold the right of every qualified voter to full and equal participation in the Proclamation 2010-03 1 Town Council 253 of 333 Meeting Date: April 26, 2010 electoral process, and will not engage in any activity aimed at intimidating voters or discouraging them from voting; and, WHEREAS, each elected Council member and Candidate will immediately and publicly repudiate methods and tactics that may come from others that they have pledged not to use or condone. The elected Council member or Candidate shall take firm action against any individual of group who violates any provision of this Proclamation or the laws governing elections. NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the foregoing premises are hereby adopted by the Town Council of the Town of Trophy Club. Section 2. That each elected Council member and Council member candidate ("Candidate") hereby voluntarily endorses this Proclamation regarding ethical campaigning, Section 3. That each elected Council member and Candidate subscribes to uphold their ethical and moral obligations as specified in this proclamation and to encourage non-incumbent candidates to comply with the basic principles outlined herein, in accordance with the above principles and practices. Passed and approved by the Town Council of the Town of Trophy Club, Texas, this 8th day of March, 2010. Proclamation 2010-03 M~yor, Connie White Town of Trophy Club, Texas ?fown Secretary, Lisa Hennek Town of Trophy Club, Texas 2 Town Council 254 of 333 Meeting Date: April 26, 2010 Town Council 255 of 333 Meeting Date: April 26, 2010 Town Council 256 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-215-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/12/2010 Town Council On agenda:Final action:4/26/2010 Title:Consider and take appropriate action regarding a Request for a Zoning Change from "PD- 27" (Planned Development No. 27) to "CR" (Commercial Recreation) for Northwest Park, located just north of the Community Pool/Recreation Center property on Parkview Dr., 12.90 Acres, Applicant: Town of Trophy Club Parks and Recreation Department. (ZCA-10-016) Attachments: Action ByDate Action ResultVer. Planning & Zoning Commission4/15/2010 1 Town Council 257 of 333 Meeting Date: April 26, 2010 12010-215-T Version:File #: Title Consider and take appropriate action regarding a Request for a Zoning Change from "PD-27" (Planned Development No. 27) to "CR" (Commercial Recreation) for Northwest Park, located just north of the Community Pool/Recreation Center property on Parkview Dr., 12.90 Acres, Applicant: Town of Trophy Club Parks and Recreation Department. (ZCA-10-016) Town Council 258 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-216-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/12/2010 Town Council On agenda:Final action:4/26/2010 Title:Consider and take appropriate action regarding changes to the Town of Trophy Club Code of Ordinances, Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.12 Oil and Gas Well Drilling and Production, affecting the setback from an existing wellhead to a habitable structure. (ADM-10-006) Attachments: Action ByDate Action ResultVer. Planning & Zoning Commission4/15/2010 1 Town Council 259 of 333 Meeting Date: April 26, 2010 12010-216-T Version:File #: Title Consider and take appropriate action regarding changes to the Town of Trophy Club Code of Ordinances, Chapter 13- Zoning, Article V-Supplementary District Regulations, Section 5.12 Oil and Gas Well Drilling and Production, affecting the setback from an existing wellhead to a habitable structure. (ADM-10-006) Town Council 260 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-217-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/12/2010 Town Council On agenda:Final action:4/26/2010 Title:Consider and take appropriate action regarding regarding an Amendment to PD-Planned Development District No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit “B” - Development Standards, Section VI. Development and Design Standards, “C” Screening and Fencing, and Section IV, Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Attachments: Action ByDate Action ResultVer. Planning & Zoning Commission4/15/2010 1 Planning & Zoning Commission4/15/2010 1 Town Council 261 of 333 Meeting Date: April 26, 2010 12010-217-T Version:File #: Title Consider and take appropriate action regarding regarding an Amendment to PD-Planned Development District No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit “B” - Development Standards, Section VI. Development and Design Standards, “C” Screening and Fencing, and Section IV, Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Town Council 262 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-224-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/15/2010 Town Council On agenda:Final action:4/26/2010 Title:Consider and take appropriate action regarding financial and variance reports dated March 2010. Attachments:March 2010 Monthly Financial Reports.pdf Action ByDate Action ResultVer. Town Council 263 of 333 Meeting Date: April 26, 2010 12010-224-T Version:File #: Title Consider and take appropriate action regarding financial and variance reports dated March 2010. Body March 2010 monthly financial report is presented in a format that provides the comparison of monthly and year to date actual amounts to the current fiscal year budget. The accompanying variance report provides an explanation actual fiscal year to date revenues and departmental expenditures which vary more than 10% from the percent of the fiscal year lapsed. Management recommends approval. Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 264 of 333 Meeting Date: April 26, 2010 Town Council 265 of 333 Meeting Date: April 26, 2010 Town Council 266 of 333 Meeting Date: April 26, 2010 Town Council 267 of 333 Meeting Date: April 26, 2010 Town Council 268 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-226-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/15/2010 Town Council On agenda:Final action:4/26/2010 Title:Consider and take appropriate action regarding an Ordinance approving the Harmony Park Land Transaction Swap (.0011 tract of land for .0011 tract of land adjacent to Harmony Park.) Attachments:Ord. 2010- Harmony Park Land Swap.pdf Action ByDate Action ResultVer. Town Council 269 of 333 Meeting Date: April 26, 2010 12010-226-T Version:File #: Title Consider and take appropriate action regarding an Ordinance approving the Harmony Park Land Transaction Swap (.0011 tract of land for .0011 tract of land adjacent to Harmony Park.) Body The purpose of this item is to meet Town requirements for the sale of land. With the transfer of the Town's parcel to Centurion American, in return for another parcel, the Town hopes to clean up some potential lot lines in the future development around Harmony Park. This transaction was approved by the voters of Trophy Club in May 2009. Goal #6: A vibrant, inclusive community with involved, caring residents Promote and support active lifestyle Develop expanded community involvement opportunities Expand recreational opportunities for all ages Town Council 270 of 333 Meeting Date: April 26, 2010 Town Council 271 of 333 Meeting Date: April 26, 2010 Town Council 272 of 333 Meeting Date: April 26, 2010 Town Council 273 of 333 Meeting Date: April 26, 2010 Town Council 274 of 333 Meeting Date: April 26, 2010 Town Council 275 of 333 Meeting Date: April 26, 2010 Town Council 276 of 333 Meeting Date: April 26, 2010 Town Council 277 of 333 Meeting Date: April 26, 2010 Town Council 278 of 333 Meeting Date: April 26, 2010 Town Council 279 of 333 Meeting Date: April 26, 2010 Town Council 280 of 333 Meeting Date: April 26, 2010 Town Council 281 of 333 Meeting Date: April 26, 2010 Town Council 282 of 333 Meeting Date: April 26, 2010 Town Council 283 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-160-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/15/2010 Town Council On agenda:Final action:4/26/2010 Title:Consider and take appropriate regarding the award/rejection of bids for the Overhill/Timber Ridge Drainage Project, in an amount not to exceed $88,500 and authorizing Acting Town Manager Seidel or his designee to execute all necessary documents. Attachments:Overhill Backup.pdf Bid Tab.pdf Action ByDate Action ResultVer. Town Council 284 of 333 Meeting Date: April 26, 2010 12010-160-T Version:File #: Title Consider and take appropriate regarding the award/rejection of bids for the Overhill/Timber Ridge Drainage Project, in an amount not to exceed $88,500 and authorizing Acting Town Manager Seidel or his designee to execute all necessary documents. Body Teague, Nall & Perkins (TNP) created the bid which was scheduled to be opened Monday, March 15, howeveronly one bid was received. TNP made an addendum to extend the bid until Thursday, April 8, in order to try and generate more bids. A total of two bids were received. Goal #5: A community in which the infrastructure supports its residents Provide necessary resources to maintain all improvements Town Council 285 of 333 Meeting Date: April 26, 2010 July 7, 2008 Minutes D.9 Discuss and take appropriate action regarding a preliminary drainage study, not to exceed $12,000 on Timber Ridge Drive. Town Manager Emmons and Council member Moss gave a brief history of this agenda item to Council. Mr. Bruce Morey, 546 Timber Ridge addressed the Council and presented the Council with a petition of 44 residents of Timber Ridge, Skyline and Overhill to fix the drainage issue. (petition saved under Q/Council Packet, 7/7/08) Mr. Dave Glaser, 15 Overhill briefly addressed the Council stating Mr. Morey expressed his thoughts. Council member Edstrom asked what the cost would be for a comprehensive Town-wide study. Town Manager Emmons estimated the cost to be between $120,000 – 150,000. Mayor Sanders asked Town Manager Emmons where the funds for the study would come from. Emmons expressed the funds would come from the drainage fees. Emmons expressed that a comprehensive study needs to be performed. Council member Moss would like to perform the preliminary drainage study of Timber Ridge Drive. Council directed Town Manager Emmons to meet with Tom Rutledge, look at funding and come back to Council with options as soon as possible. Town Council 286 of 333 Meeting Date: April 26, 2010 65 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 7-7-2008 Subject: Agenda Item No.D.9 Discuss and take appropriate action regarding a preliminary drainage study, not to exceed $12,000 on Timber Ridge Drive. EXPLANATION: Item requested by Council member Moss. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1.None Town Council 287 of 333 Meeting Date: April 26, 2010 Town Council 288 of 333 Meeting Date: April 26, 2010 Town Council 289 of 333 Meeting Date: April 26, 2010 Town Council 290 of 333 Meeting Date: April 26, 2010 Town Council 291 of 333 Meeting Date: April 26, 2010 Town Council 292 of 333 Meeting Date: April 26, 2010 Town Council 293 of 333 Meeting Date: April 26, 2010 December 1, 2008 Minutes D.8 Report by Town Manager Emmons regarding the Teague, Nall & Perkins drainage study on Over Hill Drive; discuss and take appropriate action regarding same. Town Manager Emmons introduced the item and recommended the implementation of Phase 1, asking Council to authorize the staff to make changes to the inlets, not exceeding $10,000. Dave Glaser, 15 Overhill Drive- Spoke in favor of Council taking action. Larry Crosser, 17 Overhill Drive – Spoke in favor of Council taking action. Council member Strother felt the Town Engineer did not go far enough out in the ditch in order to obtain adequate data. Strother said that he would prefer to table this item until a meeting with the Town Engineer can be held and a better study can be conducted. Council directed Town Manager Emmons to schedule a meeting between the Town Engineer and Council member Strother and a few of the residents in order to answer some questions. Council member Moss requested to be included in the meeting. Mayor Sanders would like this item to come back as soon as possible. Town Council 294 of 333 Meeting Date: April 26, 2010 151 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-1-2008 Subject: Agenda Item No.D.8 Report by Town Manager Emmons regarding the Teague, Nall & Perkins drainage study on Over Hill Drive; discuss and take appropriate action regarding same. EXPLANATION: In July the Town Council authorized a drainage study for Timber Ridge and Overhill Drives. Teague Nall & Perkins was instructed to analyze the area and make suggestions for improvements if necessary. The improvements range from increasing the detention by altering the “Y” inlet in the drainage pond, to reconstructing the stormdrains to the creek. RECOMMENDATION: Work with the Country Club to make improvements to the “Y” inlet. ACTION BY COUNCIL: (bse) Attachments: 1. Timber Ridge Drainage Study Town Council 295 of 333 Meeting Date: April 26, 2010 152 Town Council 296 of 333 Meeting Date: April 26, 2010 153 Town Council 297 of 333 Meeting Date: April 26, 2010 154 Town Council 298 of 333 Meeting Date: April 26, 2010 155 Town Council 299 of 333 Meeting Date: April 26, 2010 156 Town Council 300 of 333 Meeting Date: April 26, 2010 157 Town Council 301 of 333 Meeting Date: April 26, 2010 158 Town Council 302 of 333 Meeting Date: April 26, 2010 159 Town Council 303 of 333 Meeting Date: April 26, 2010 160 Town Council 304 of 333 Meeting Date: April 26, 2010 January 26, 2009 Minutes B.1 Receive report and overview for the storm water account, to include explanation of monies used to date and the balances. Council discussion and appropriate action regarding same. A. Discuss and take appropriate action regarding the storm water issues on Inverness Drive, as inherited from the MUDs at the time the Town took over Storm Water. Mayor Sanders said that he placed this item on the Agenda based on the concern of a MUD Director. Town Manager Emmons stated that the Town took over the Storm Water in October 2003, but the transfer of funds from the MUDs to the Town occurred in March 2004. The amount transferred was $42,000 and by the end of the year there was a balance of $57,000 in the fund. The Town expended $19,000 during the year and it left a balance of approximately $38,000. For FY2004/2005 the Town collected $36,000 and expended $10,000 leaving a total ending balance of $64,000. In FY2005/2006 the Town collected $36,000 and expended $66,000 (Cyprus and Inverness repairs and engineering). The repairs left a beginning balance of approximately $34,000 when the Town increased the fee to $3.00. Since October 2006, we have collected approximately $244,000 and expended $108,000 to date, which leaves a current balance of $170,000. Since October 2006, our largest expenditures have been Salaries ($39,000), Engineering ($30,000), Maintenance ($14,000) and NCTCOG Dues ($6,000). The Town currently had projects planned that will utilize some of our remaining balance such as the Timber Ridge drainage improvements ($134,000) and Overhill/Timberline (approx $20,000). Council member Moss clarified that GASB gets a portion of the Storm Water funds. Council member Edstrom confirmed that the $3.00 fee was an average of what cities charge in the area based on the survey provided by Town Manager Emmons. MUD2 President Jim Budarf, 547 Indian Creek – Said his personal audit showed that these funds were never filtered through the GASB account. Budarf questioned $39,000 salary in the Storm Water Budget. Town Manager Emmons stated the money was in the Storm Water and GASB fund. Emmons said that he was not aware of a contract with Utility District for maintenance and that the 2006 repairs on Inverness were contracted out. Emmons assured that the Town had an audit performed every year and to look for irregularities and explained the $39,000 salary was spread over several years and not an annual salary. Council member Edstrom suggested that a simple conversation with the Town Manager would have been simpler rather than throwing out allegations. Council member Wilson stated that Mr. Budarf asked the question as a citizen and that his presentation was not out of order. No action taken. Town Council 305 of 333 Meeting Date: April 26, 2010 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-26-2009 Subject: Agenda Item No.B.1 Receive report and overview for the storm water account, to include explanation of monies used to date and the balances. Council discussion and appropriate action regarding same. A. Discuss and take appropriate action regarding the storm water issues on Inverness Drive, as inherited from the MUDs at the time the Town took over Storm Water. EXPLANATION: Staff has been asked to provide a brief history of the Storm Water Fund and its major expenditures since the Town took control. The Town took over the storm water in October 2003, but the transfer of funds from the MUDs to the Town occurred in March 2004. The amount transferred was $42k and by the end of the year there was a balance of $57k in the fund. The Town expended $19k during the year and it left a balance of approximately $38K. For FY 2004/2005 we collected $36k and expended $10k leaving a total ending balance of $64k. In FY2005/2006 we collected $36k and expended $66k (Cyprus and Inverness repairs and engineering). This left a beginning balance of approximately $34k when the Town increased the fee to $3. Since October, 2006 we have collected approximately $244k and expended $108k to date, which leaves a current balance of $170k. Since October 2006, our largest expenditures have been Salaries ($39k), Engineering ($30k), Maintenance ($14k) and NCTCOG Dues ($6k). We currently have projects planned that will utilize some of our remaining balance such as the Timber Ridge drainage improvements ($134k) and Overhill/Timberline (approx $20k). RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 7 Town Council 306 of 333 Meeting Date: April 26, 2010 March 22, 2010 Minutes – Draft 9. 2010-156-T Town Manager's Update regarding the creation of a Code of Conduct/Ethics and the establishment of an Ethics Commission and the Bids for the Overhill/Timberidge Drainage Project; and discussion of the same. Town Manager Emmons said that the Ethics Ordinance is being reviewed by Town Attorney Adams and that there have been a series of meetings regarding the Overhill/Timberidge Drainage Project. Teague, Nall & Perkins (TNP) created the bid which was scheduled to be opened Monday, March 15, however only one bid was received. TNP made an addendum to extend the bid until this week in order to try and generate more bids. Update only, no action. Town Council 307 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-156-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/10/2010 Town Council On agenda:Final action:3/22/2010 Title:Town Manager's Update regarding the creation of a Code of Conduct/Ethics and the establishment of an Ethics Commission and the Bids for the Overhill/Timberidge Drainage Project; and discussion of the same. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Attachments: Action ByDate Action ResultVer. Town Council 68 of 80 Meeting Date: March 22, 2010Town Council 308 of 333 Meeting Date: April 26, 2010 12010-156-T Version:File #: Title Town Manager's Update regarding the creation of a Code of Conduct/Ethics and the establishment of an Ethics Commission and the Bids for the Overhill/Timberidge Drainage Project; and discussion of the same. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Body Town Manager Emmons to provide a report on the following: The creation of a Code of Conduct/Ethics and the establishment of an Ethics Commission. Bids for the Overhill/Timberidge Drainage Project. Town Council 69 of 80 Meeting Date: March 22, 2010Town Council 309 of 333 Meeting Date: April 26, 2010 T o w n C o u n c i l 3 1 0 o f 3 3 3 M e e t i n g D a t e : A p r i l 2 6 , 2 0 1 0 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-204-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/6/2010 Town Council On agenda:Final action:4/12/2010 Title:Consider and take appropriate action relative to the Memorandum of Understanding regarding the adoption of the Texas Department of Transportation’s Federally-Approved Disadvantaged Business Enterprise Program by the Town of Trophy Club, and authorizing the Mayor or her designee to execute necessary documents. Attachments:Minute Insert April 12, 2010.pdf MOU DOT Federally Approved Disadvantage Business Ent Program.pdf Action ByDate Action ResultVer. Town Council 311 of 333 Meeting Date: April 26, 2010 12010-204-T Version:File #: Title Consider and take appropriateaction relative to the Memorandum of Understandingregarding the adoption of the Texas Department of Transportation’s Federally-ApprovedDisadvantagedBusiness Enterprise Program by the Town of Trophy Club, and authorizing the Mayor or her designee to execute necessary documents. Body Goal #5: A community in which the infrastructure supports its residents Provide necessary resources to maintain all improvements, new and existing Town Council 312 of 333 Meeting Date: April 26, 2010 April 12, 2010 Minute Insert 10. 2010-204-T Consider and take appropriate action regarding the Memorandum of Understanding regarding the adoption of the Texas Department of Transportation’s Federally-Approved Disadvantaged Business Enterprise Program by the Town of Trophy Club. Mayor White stated that this Memorandum of Understanding memorializes the obligations, expectations and rights of the Town and TxDOT has as related to the Town's adoption of the TxDOT Disadvantaged Business Enterprise (DBE) Program to meet the federal requirements. Town Manager Emmons added that this is part of the federal funds of the Safe Route to School Project. Motion made by Sterling, seconded by Rose to approve the Memorandum of Understanding regarding the adoption of the Texas Department of Transportation’s Federally-Approved Disadvantaged Business Enterprise Program by the Town of Trophy Club. Council member Sterling confirmed that money will be set aside for under funded businesses. Sterling stated that as a small business owner this is not fair that certain people get perks and Council should not be endorsing inequitable business practices. Town Manager Emmons reminded the Council that the Charter required an affirmative vote of four (4) or more members of the Council in order to adopt the Memorandum of Understanding. Motion made by Edstrom; seconded by Rose to table to a date certain of April 26, 2010. Motion passed unanimously without any discussion. Town Council 313 of 333 Meeting Date: April 26, 2010 DBE/MOU 4/09 Page 1 of 5 MEMORANDUM OF UNDERSTANDING REGARDING THE ADOPTION OF THE TEXAS DEPARTMENT OF TRANSPORTATION'S FEDERALLY-APPROVED DISADVANTAGED BUSINESS ENTERPRISE PROGRAM BY THE TOWN OF TROPHY CLUB. This Memorandum of Understanding (“MOU”) is by and between the TEXAS DEPARTMENT OF TRANSPORTATION ("TxDOT"), an agency of the State of Texas; and the Town of Trophy Club ("Town") a political subdivision of the State of Texas. Whereas, from time to time Town receives federal funds from the Federal Highway Administration ("FHWA") through TxDOT to assist Town with the construction and design of projects partially or wholly funded through FHWA; and Whereas, Town, as a sub-recipient of federal funds, is required by 49 CFR 26, to implement a program for disadvantaged business enterprises ("DBEs"), as defined by 49 CFR 26 ("DBE Program"); and Whereas, TxDOT has implemented a Disadvantaged Business Enterprise Program (DBE Program) that is approved by FHWA pursuant to 49 CFR part 26; and Whereas, certain aspects of Town's procurement of construction and design services are subject to review and/or concurrence by TxDOT as a condition of receiving federal funds from FHWA through TxDOT; and Whereas, Town and TxDOT undertake substantially similar roadway construction projects and design projects and construct and design their respective projects using substantially the same pool of contractors; and Whereas, Town desires to implement a federally compliant DBE Program by adopting the TxDOT approved program, as recommended by FHWA; and Whereas, TxDOT and Town find it appropriate to enter into this Memorandum of Understanding to memorialize the obligations, expectations and rights each has as related to Town's adoption of the TxDOT DBE Program to meet the federal requirements. Now, therefore, TxDOT and Town, in consideration of the mutual promises, covenants and conditions made herein, agree to and acknowledge the following: (1) TxDOT has developed a DBE Program and annually establishes a DBE goal for Texas that is federally approved and compliant with 49 CFR 26 and other applicable laws and regulations. (2) Town is a sub-recipient of federal assistance for construction projects and design projects and, in accordance with 49 CFR § 26.21, must comply with a federally approved DBE Program. Town receives its federal assistance through TxDOT. As a sub-recipient, Town has the option of developing its own program or adopting and operating under TxDOT's federally approved DBE Program. The FHWA recommends that sub-recipients, such as Town, adopt the DBE program, administered through TxDOT, and Town by its prescribed protocol adopted the TxDOT DBE Program on April 12, 2010. (3) This Memorandum of Understanding evidences FHWA's and TxDOT's consent to the adoption of the TxDOT DBE Program by Town to achieve its DBE participation in federally assisted Construction and Design Projects. Town Council 314 of 333 Meeting Date: April 26, 2010 DBE/MOU 4/09 Page 2 of 5 (4) The parties will work together in good faith to assure effective and efficient implementation of the DBE Program for Town and for TxDOT. (5) Town and TxDOT have agreed upon the following delegation of responsibilities and obligations in the administration of the DBE Program adopted by Town: (a) Town will be responsible for project monitoring and data reporting to TxDOT. Town will furnish to TxDOT any required DBE contractor compliance reports, documents or other information as may be required from time to time to comply with federal regulations. TxDOT will provide the necessary and appropriate reporting forms to Town. (b) Town will recommend contract-specific DBE goals consistent with TxDOT's DBE guidelines and in consideration of the local market, project size, and nature of the good(s) or service(s) to be acquired. Town's recommendation may be that no DBE goals are set on any particular project or portion of a project or that proposed DBE goals be modified. Town and TxDOT will work together to achieve a mutually acceptable goal; however, TxDOT will retain final decision-making authority regarding DBE goals. (c) TxDOT will cooperate with Town in an effort to meet the timing and other requirements of Town projects. (d) Town will be solely responsible for the solicitation and structuring of bids and bid documents to procure goods and services for its projects that use federal funds and will be responsible for all costs and expenses incurred in its procurements. (e) The DBEs eligible to participate on TxDOT construction projects or design projects also will be eligible to participate on Town construction projects or design projects that are subject to the DBE Program. The DBEs will be listed on TxDOT's website under the Texas Unified Certification Program (TUCP). (f) Town will conduct reviews and provide reports with recommendations to TxDOT concerning any DBE Program compliance issues that may arise due to project specific requirements such as Good Faith Effort (GFE), Commercially Useful Function (CUF), etc. Town and TxDOT will work together to achieve a mutually acceptable goal, however, TxDOT will retain final decision- making authority on those issues and reserves the right to perform compliance reviews by TxDOT’s Office of Civil Rights. Town shall provide TxDOT with a listing of sanctions that will be assessed against contractors for violation of federal DBE regulations and its procedures for investigation of violations and assessment of sanctions for documented violations. (g) Town will designate a liaison officer to coordinate efforts with TxDOT's DBE Program administrators and to respond to questions from the public and private sector regarding Town's administration of the DBE Program through TxDOT. (h) Town will be responsible for providing TxDOT with DBE project awards and DBE Commitments, monthly DBE reports, DBE Final Reports, DBE shortfall reports, and annual and updated goal analysis and reports. (i) TxDOT will be responsible for maintaining a directory of firms eligible to participate in the DBE Program, and providing business development and outreach programs. Town and TxDOT will work cooperatively to provide supportive services and outreach to DBE firms in Town area. Town Council 315 of 333 Meeting Date: April 26, 2010 DBE/MOU 4/09 Page 3 of 5 (j) Town will submit DBE semi-annual progress reports to TxDOT. (k) Town will participate in TxDOT sponsored training classes to include topics on Title VI of the Civil Rights Act of 1964, DBE Annual Goals, DBE Goal Setting for Construction Projects and Design Projects, DBE Contract Provisions, and DBE Contract Compliance, which may include issues such as DBE Commitments, DBE Substitution, and Final DBE Clearance. TxDOT will include DBE contractors performing work on Town projects in the DBE Education and Outreach Programs. (l) The Town Manager or his designee of Town will implement all federal requirements, including those stated in Attachments A through D, which are incorporated as though fully set out herein for all purposes. (m) In accordance with 23 CFR 200.1, Town shall develop procedures for the collection of statistical data (race, color, religion, sex, and national origin) of participants in, and beneficiaries of State highway programs, i.e., relocated person(s), impacted citizens and affected communities; develop a program to conduct Title VI review of program areas; and conduct annual reviews of special emphasis program areas to determine the effectiveness of program area activities at all levels. TxDOT, in accordance with federal law, may conduct compliance reviews by TxDOT’s Office of Civil Rights . (6) In the event there is a disagreement between TxDOT and Town about the implementation of the TxDOT DBE Program by Town, the parties agree to meet within ten (10) days of receiving a written request from the other party of a desire to meet to resolve any disagreement. The parties will make good faith efforts to resolve any disagreement as efficiently as is reasonably possible in consultation with FHWA. Non-compliance by Town can result in restitution of federal funds to TxDOT and withholding of further federal funds upon consultation with FHWA. (7) This Memorandum of Understanding becomes effective upon execution by all parties and automatically renews each year unless a party notifies the other party of its intent to terminate the agreement. (8) If this Memorandum of Understanding is terminated for any reason, Town will be allowed reasonable time in which to seek approval from FHWA for an alternative DBE Program, without being deemed non-compliant with 49 CFR Part 26. (9) This Memorandum of Understanding applies only to projects for which Town is a sub- recipient of federal funds through TxDOT. Town may also implement a Minority and Women-Owned Small Business Enterprise (M/W/SBE) policy and program that applies to projects for which it is not a sub- recipient of federal funds through TxDOT and which are not subject to the TxDOT DBE Program. Town may, at its option, use some aspects of the TxDOT DBE Program and other similar programs in implementing its other policies and programs for its non-federally funded projects. (10) The following attachments to this Memorandum of Understanding are incorporated as if fully set out herein for all purposes: Attachment A - FHWA Memorandum HCR-1/HIF-1 (relating to access required by the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973); Attachment B - SPECIAL PROVISION 000-461; Attachment C - Comprehensive Development Agreement (CDA) DBE Provisions (with TxDOT's DBE Program attached) and Attachment D - 49 CFR §26.13 (contractual assurances). Town Council 316 of 333 Meeting Date: April 26, 2010 DBE/MOU 4/09 Page 4 of 5 (11) The following procedure shall be observed by the parties in regard to any notifications: (a) Any notice required or permitted to be given under this Memorandum of Understanding shall be in writing and may be effected by personal delivery, by hand delivery through a courier or a delivery service, or by registered or certified mail, postage prepaid, return receipt requested, addressed to the proper party, at the following address: CONSTANCE WHITE Connie White Mayor, Town of Trophy Club Hand Delivery: 100 Municipal Drive Trophy Club, TX 76262 Registered or Certified Mail (Return receipt requested): 100 Municipal Drive Trophy Club, TX 76262 TEXAS DEPARTMENT OF TRANSPORTATION R . D. Brown, BOP Development Section Director Office of Civil Rights 125 E. 11th Street Austin, Texas 78701-2483 (b) Notice by personal delivery or hand delivery shall be deemed effective immediately upon delivery, provided notice is given as required by Paragraph (a) hereof. Notice by registered or certified mail shall be deemed effective three (3) days after deposit in a U.S. mailbox or U.S. Post Office, provided notice is given as required by Paragraph (a) hereof. (c) Either party hereto may change its address by giving notice as provided herein. (12) This Memorandum of Understanding may be modified or amended only by written instrument, signed by both Town and the Texas Department of Transportation and dated subsequent to the effective date of this MOU. Except as authorized by the respective parties, no official, employee, agent, or representative of the parties has any authority, either express or implied, to modify or amend this MOU. (13) The provisions of this MOU are severable. If any clause, sentence, provision, paragraph, or article of this MOU, or the application of this MOU to any person or circumstance is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not impair, invalidate, nullify, or otherwise affect the remainder of this MOU, but the effect thereof shall be limited to the clause, sentence, provision, paragraph, or article so held to be invalid, illegal, or unenforceable, and the application of such clause, sentence, provision, paragraph, or article to other persons or circumstances shall not be affected; provided, however, Town and TxDOT may mutually agree to terminate this Memorandum of Understanding. Town Council 317 of 333 Meeting Date: April 26, 2010 DBE/MOU 4/09 Page 5 of 5 (14) This Memorandum of Understanding shall not be construed in any way as a waiver by the parties of any immunity from suit or liability that parties may have by operation of law, and the parties hereby retain all of their respective affirmative defenses. (15) In accordance with 49 CFR part 26.13, Town will ensure that all contractors or subcontractors working on any Federal DOT-assisted contracts for Town comply with the applicable requirements concerning discrimination. Failure by the contractor to carry out these requirements is a material breach of contract and the Town will terminate the contract or other such remedy as deemed appropriate by TxDOT. (16) In accordance with 49 CFR part 26.29, Town will ensure that all contractors or subcontractors working on any Federal DOT-assisted contracts for Town comply with the prompt pay provisions established by TxDOT. EXECUTED in duplicate originals by TxDOT and Town, acting through each duly authorized official and effective on the latest date signed. The signatories below confirm that they have the authority to execute this MOU and bind their principles. TEXAS DEPARTMENT OF TRANSPORTATION TOWN OF TROPHY CLUB By:________________________________ By:________________________________ Amadeo Saenz, Jr. P.E. Connie White Executive Director Mayor Date:_________________________________ Date:_________________________________ Town Council 318 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-235-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/20/2010 Town Council On agenda:Final action:4/26/2010 Title:Consider and take appropriate action scheduling quarterly Special/Joint Session(s) with Trophy Club MUD No. 1 and the Town Council, setting the date and hour of the meeting(s) and subjects for discussion. Attachments: Action ByDate Action ResultVer. Town Council 319 of 333 Meeting Date: April 26, 2010 12010-235-T Version:File #: Title Consider and take appropriate action scheduling quarterly Special/Joint Session(s) with Trophy Club MUD No. 1 and the Town Council, setting the date and hour of the meeting(s) and subjects for discussion. Body On April 19, 2010 TCMUDNo. 1 set a date of We dn esday, May 19th, as the date for a Joint Meeting betweenTCMUD1 and Town Council. TCMUD No. 1 prefers to meet at 6:00 p.m. Chapter 1- Administration, Article VI - Town Council Rules of Procedure state: Special meetings may be called by the Mayor or by any three members of the Town Council. The call for a special meeting shall be filed with the Town Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all members are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting shall be held until at least 72 hours after the call is issued. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or as incident thereto. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Town Council 320 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-227-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/15/2010 Town Council On agenda:Final action:4/26/2010 Title:Receive a progress report from Council Member Rose regarding the April 19, 2010 TCMUD1 Meeting; discussion of same. Attachments: Action ByDate Action ResultVer. Town Council 321 of 333 Meeting Date: April 26, 2010 12010-227-T Version:File #: Title Receive a progress report from Council Member Rose regarding the April 19, 2010 TCMUD1 Meeting; discussion of same. Body 1. Bid award for construction of new Fire Facility 2. New brush truck 3. MUD 1's participation in Town parks 4. Discussion concerning SEMO committees report 5. Individual Director's requests Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Town Council 322 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-229-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/15/2010 Town Council On agenda:Final action:4/26/2010 Title:Acting Town Manager Seidel's update regarding the following and discussion of the same. 1. Acting Town Manager's designation of Town employee to perform in his absence. 2. Bobcat Blvd. 3. 3 Clean Event 4. 4D Maintenance Bond Claim Attachments: Action ByDate Action ResultVer. Town Council 323 of 333 Meeting Date: April 26, 2010 12010-229-T Version:File #: Title Acting Town Manager Seidel's update regarding the following and discussion of the same. 1. Acting Town Manager's designation of Town employee to perform in his absence. 2. Bobcat Blvd. 3. 3 Clean Event 4. 4D Maintenance Bond Claim Body Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 324 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-228-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/15/2010 Town Council On agenda:Final action:4/26/2010 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Attachments: Action ByDate Action ResultVer. Town Council 325 of 333 Meeting Date: April 26, 2010 12010-228-T Version:File #: Title Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Body - FitCities Walk with the Mayor - Northeast Leadership Forum - Northwest Community Partnership Meeting - Metroport Cities Partnership - Bond Tour - Arbor Day - Anniversary Planning Committee Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 326 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-230-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/15/2010 Town Council On agenda:Final action:4/26/2010 Title:Items for Future Agendas. Attachments:Items for Future Agendas.pdf Action ByDate Action ResultVer. Town Council 327 of 333 Meeting Date: April 26, 2010 12010-230-T Version:File #: Title Items for Future Agendas. Body Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 328 of 333 Meeting Date: April 26, 2010 1. Consider and receive input for regarding options to improve the upkeep of rental property, with or without creating a Building Standard Commission. (Edstrom - 4/21/08) 2. Item to receive a report from Town Manager Emmons regarding an update on the Comprehensive Land Plan. (Edstrom - 10/20/08 & Strother 10/19/09) 3. Consider and take appropriate action regarding a Library Focus Group or other plan for exploring options and compiling data for a future library. (Wilson) 4. Item to discuss the concept for term limits for Committees. (White added on 11/2/09) 5. Consider and take appropriate action regarding an Ordinance amending 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, prescribing handbill regulations to the Ordinance.. 6. Consider and take appropriate action regarding the creation of a Citizen’s Financial Budget Board. (Rose 12/7/09) 7. Consider and take appropriate action regarding an Ordinance amending Chapter 3 of the Code of Ordinances entitled "Buildings and Construction" of Article XV, entitled "Swimming Pools. (Rose 2/1/10) 8. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose 2/1/10) 9. Consider and take appropriate action regarding placing policies and procedures access on the Town web site. (Rose 2/1/10) 10. EDC 4B Annual update on April 12, 2010 Town Council 329 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-233-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/15/2010 Town Council On agenda:Final action:4/26/2010 Title:Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel Matters," the Council will enter into Executive Session, unless the employee who is the subject of the personnel matter elects an open meeting, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee relating to: A. The annual evaluation of Town Attorney, Patricia Adams B. The annual evaluation of Town Secretary, Lisa Hennek Attachments: Action ByDate Action ResultVer. Town Council 330 of 333 Meeting Date: April 26, 2010 12010-233-T Version:File #: Title Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel Matters," the Council will enter into Executive Session, unless the employee who is the subject of the personnel matter elects an open meeting, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee relating to: A. The annual evaluation of Town Attorney, Patricia Adams B. The annual evaluation of Town Secretary, Lisa Hennek Town Council 331 of 333 Meeting Date: April 26, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-234-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/16/2010 Town Council On agenda:Final action:4/26/2010 Title:Consider and take appropriate action regarding the Executive Session Items. Attachments: Action ByDate Action ResultVer. Town Council 332 of 333 Meeting Date: April 26, 2010 12010-234-T Version:File #: Title Consider and take appropriate action regarding the Executive Session Items. Town Council 333 of 333 Meeting Date: April 26, 2010