Agenda Packet TC 02/01/2010Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMMonday, February 1, 2010
Call to order and announce a quorum.
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.
1.2010-37-T Consider and take appropriate action regarding the Minutes dated January 18, 2010.
January 18, 2010 Minutes.pdfAttachments:
2.2010-50-T Consider and take appropriate action regarding the Minutes dated January 21, 2010.
January 21, 2010 Minutes.pdfAttachments:
REGULAR SESSION
3.2010-57-T Presentation of the first quarter report for 2009-2010 fiscal year through December
2009 and discussion of same.
Town Council 1 of 127 Meeting Date: February 1, 2010
February 1, 2010Town Council Meeting Agenda
4.2010-39-T Consider and take appropriate action nominating members to serve on the Citizen of
the Year Committee.
A. Each Council Member and the Mayor to select one nominee to serve on the
Committee.
TC Times (COY).pdfAttachments:
5.2010-55-T Consider and take appropriate action regarding the rescheduling of dates for the March,
April, and May 2010 Regular Town Council meetings.
6.2010-56-T Consider and take appropriate action regarding an Ordinance of the Town of Trophy
Club, Texas, Authorizing the Issuance and Sale of Town of Trophy Club, Texas, Tax
Notes, Series 2010, in the Aggregate Principal Amount of $560,000; Approving a Note
Purchase Agreement and Engagement Letter; Levying a Tax in Payment thereof;
Prescribing the Form of Said Notes; and Enacting other Provisions Relating to the
Subject.
Ord. 2010-02 Bond Ordinance - Tax Notes 2010.pdf
Purchase Agreement Bond Tax Notes 2010 Series.pdf
Paying Agent Agreement Bond Tax Notes 2010 Series.pdf
Attachments:
7.09-506-T Consider and take appropriate action 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 V.
Neighborhood Regulations, Subsection "J" Village Center, Item 1. Permitted Uses, and
to discuss and consider adding Restaurant Design Guidelines to PD-27. Applicant:
Centurion Acquisitions, L.P. (PD AMD-09-030)
Staff Report.pdf
Restaurant Design Guidelines - Village Center.pdf
PD-27 Village Center Permitted Uses and Regulations.pdf
Site Plan Requirements.pdf
Landscape Requirements.pdf
Ordinance 2010-01 PZ.pdf
Attachments:
8.2010-17-T 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" by amending Section 15.02, entitled "Applicability and Prohibited
Conduct"; providing for a penalty not to exceed two thousand dollars a day for a
violation of the Ordinance; and providing an effective date
Ord. 2010-03 Pool Backwash- Amend Sec. 15.02(e).pdfAttachments:
9.2010-54-T Consider and take appropriate action regarding the purchase of a Dump Truck (Ford
F650 Regular Cab) for the Streets Department, and authorizing the Mayor or her
designee to execute necessary documents.
Philpott Bid.pdfAttachments:
10.2010-43-T Items for Future Agendas.
Items for Future Agendas.pdfAttachments:
Town Council 2 of 127 Meeting Date: February 1, 2010
February 1, 2010Town Council Meeting Agenda
11.2010-45-T Receive a progress report from Council Member Wilson regarding the January 19 and
25, 2010 TCMUD1 Meeting; discussion of same.
12.2010-44-T Mayor and Council Update regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
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, January 28, 2010 by
5:00 P.M. in accordance with Chapter 551, Texas Government Code.
____________________________________
Lisa Hennek, 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 3 of 127 Meeting Date: February 1, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-37-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:1/19/2010 Town Council
On agenda:Final action:2/1/2010
Title:Consider and take appropriate action regarding the Minutes dated January 18, 2010.
Attachments:January 18, 2010 Minutes.pdf
Action ByDate Action ResultVer.
Town Council 4 of 127 Meeting Date: February 1, 2010
12010-37-T Version:File #:
Title
Consider and take appropriate action regarding the Minutes dated January 18, 2010.
Town Council 5 of 127 Meeting Date: February 1, 2010
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, January 18, 2010 5:00 PM
Svore Municipal Building Boardroom
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, January 18,
2010. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Glenn Strother Mayor Pro Tem
Susan Edstrom Council Member
Philip Sterling Council Member
Kathleen Wilson Council Member
Bill Rose Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Kathy DuBose Finance Director
Adam Adams Parks Director
Mayor White announced the date of January 18, 2010, called to order and announced a quorum at
5:00 p.m.
1. 2010-11-T Consider and take appropriate action establishing goals and objectives for FY 2010-
11.
The Council identified the following Initial Goals and Objectives:
Goal #1: Be a Community where people feel safe and secure
Objective: Maintain Trophy Club’s low crime rate
Objective: Increase positive visibility/community policing initiatives
Objective: Provide Superior Emergency Medical Services
Goal #2: Promote Economic Development
Objective: Execute sustainable economic initiatives
Objective: Maintain and grow commercial opportunities
Objective: Create effective working relationships with private sector
Town Council 6 of 127 Meeting Date: February 1, 2010
Goal #3: A healthy and inclusive community with involved, caring residents
Objective: Create a respectful relationship with Town Officials, residents and staff
Objective: Foster a well informed community
Goal #4: Forge cooperative relationships with other governmental/public entities
Objective: shared vision
Goal #5: A community in which the infrastructure supports its residents
Objective: Develop a realistic Capital Improvement Plan
Objective:
Goal #6 Build a premier parks system
Objective: Maintain high level quality of service
Objective: Attract visitors to park destinations
Objective: Provide necessary resources to maintain new improvements
Goal #7: Clean and Well Kept
Objective: Maintain current level of service
Objective:
The Town Council will meet in a Special Session, Thursday, January 21, 2010 at 5:00 p.m. to continue
discussion of this item.
Workshop ended at 7:00 p.m.
The Invocation was offered by Park Director Adam Adams.
The Pledges were led by Fire Chief Danny Thomas.
CITIZEN PRESENTATIONS:
No citizens addressed the Council.
REGULAR SESSION (7:00 P.M.)
2. 2010-17-T Consider and take appropriate action regarding the potential addition of alternative
options to Chapter 3 of the Code of Ordinances entitled “Buildings and Construction” of
Article XV, entitled “Swimming Pools” to amend section 15.04 (i) “Draining of Swimming
Pools” relative to Diatomaceous Earth.
Mayor White stated that there was an error in the posting of this Item and Staff has requested to bring it
back at the February 1, 2010 meeting.
Mayor White moved up Item #4.
4. 2010-32-T Consider and take appropriate action regarding the National Endowment of the Arts'
Big Read Grant Program.
Mayor White introduced Jennifer McAlister, 4H Administrator and Deandra Trussel.
Town Council 7 of 127 Meeting Date: February 1, 2010
Ms. McAlister explained that Big Read is a program of the National Endowment for the Arts in partnership
with the Institute of Museum and Library Services and in cooperation with Arts Midwest designed to
revitalize the role of literature in American culture and to encourage citizens to read for pleasure. Ms.
McAlister listed the different programs within this Grant.
Council member Edstrom clarified Byron Nelson High School’s consent to participate. Edstrom stated
that she is comfortable committing in-kind funds.
Mayor Pro Tem Strother confirmed that the Town’s contribution will go towards all of the programs within
this Big Read Grant Program.
Town Manager Emmons and Town Attorney Adams said that a motion to support would suffice as
Council’s Resolution.
The Council suggested incorporating this into the Town’s events.
Motion made by Edstrom, seconded by Wilson to support the National Endowment of the Arts' Big Read
Grant Program in combination of cash and contributing in-kind in the amount of $2,500.00.
Motion passed unanimously without further discussion.
3. 2010-16-T Consider and take appropriate action regarding the approval of a Third Modification
of the Agreement between the Town and Allied Waste to adopt a rate increase for solid waste
collection, transportation and disposal services.
At the January 4, 2010 meeting, the Town Council requested Allied bring back three different options:
1. Current level of service
2. 64 gallon recycle bin - picking up every week
3. 95 gallon recycle bin - picking up every other week
Dave Edstrom, 269 Oak Hill Drive – Spoke against the recycling carts.
L.C. Crowley - 410 Lakewood Drive – Spoke against the recycling carts.
Allied Waste Representatives, Jeri Harwell, Reid Donaldson and Craig Mikolajchek were in attendance.
Council member Edstrom stated that the majority of the homes were built in the 1970’s and have very
small garages, with not enough room to store the carts. The Town also has an Ordinance that prohibits
carts being stored in the view of the front to the home. Edstrom suggested that the current recycling
program be promoted; magnets with the trash dates and educational information on what items can be
recycled.
Council member Sterling personally favors carts; however Sterling acknowledged that not all of his
neighbors are in favor. Sterling is not certain that the greater cost covers the lesser service and although
there is an increase, Sterling supports the current level of services.
Council member Wilson asked Town Manager Emmons for his recommendation and staff’s preference.
Town Manager Emmons said that it is hard to find comparables to that of other cities. Staff has spent a
lot of time negotiating this contract and Emmons recommended the 95 cart (Option 3).
Council member Edstrom agreed, stating that Roanoke and Westlake are not comparable. Westlake
homes have three plus garages and Roanoke does not have an Ordinance restricting storing carts
outside, in front of homes.
Town Council 8 of 127 Meeting Date: February 1, 2010
Motion made by Edstrom, seconded by Sterling to approve a Third Modification (Option 1 - same level of
service) of the Agreement between the Town and Allied Waste to adopt a rate increase for solid waste
collection, transportation and disposal services.
Jeri Harwell agreed to promote and educate the residents on recycling so that they are better informed for
contract renewal next year.
Motion passed unanimously without further discussion.
Council member Wilson left the meeting due to another obligation.
5. 2010-31-T Consider and take appropriate action regarding a Resolution selecting a new name
for Northeast Park.
At the January 5, 2010 Parks and Recreation Board meeting the Board voted and selected the top three
names for recommendation to Town Council.
J.D. Stott, 1 Narrow Creek Court – Addressed Council stating that this item was discussed at the last Park
Board meeting. The following names were voted on.
1. Freedom Park (submitted by Lakeview Elementary) 7 votes
2. Liberty Park 2 votes
3. Pecan Hollow Park 2 votes
Motion made by Rose, seconded by Edstrom to approve a Resolution selecting Freedom Park as the new
name for Northeast Park.
Motion passed unanimously without further discussion.
6. 2010-13-T Consider and take appropriate action on a Resolution expressing the Town's Intent
to Reimburse Expenditures made for park improvement projects from the proceeds of tax-
exempt obligations to be issued in the future
On November 3, 2009 voters approved a $5 million Bond Election for Park Improvements. The Town's
Bond Counsel Julie Partain, with Vinson & Elkins, has prepared the attached Reimbursement Resolution
which will enable the Town to go forward with some of the preliminary expenses associated with the park
projects. The Resolution allows the Town to use a portion of our General Fund unallocated fund balance
and reimburse those expenditures with the proceeds of the bonds, once issued. The associated bonds
are scheduled to be issued in late March to early April, at which time Staff will reimburse the General
Fund balance for any previous expenses.
Town Manager Emmons explained that this Resolution is necessary as the Town has not yet issued debt
but has construction costs due.
Motion made by Sterling, seconded by Strother to approve a Resolution expressing the Town's Intent to
Reimburse Expenditures made for park improvement projects from the proceeds of tax-exempt
obligations to be issued in the future.
Motion passed unanimously without further discussion.
Town Council 9 of 127 Meeting Date: February 1, 2010
7. 2010-33-T Consider and take appropriate action on a Resolution Expressing the Town's intent
to reimburse expenditures made for vehicle and equipment purchases and park improvement
projects from the proceeds of tax-exempt obligations to be issued in the future.
The purchase and replacement of several vehicles and pieces of equipment were included in the Town’s
2009-2010 adopted budget. In addition, the EDC 4A Board budgeted and approved funding for the debt
service costs associated with financing several vehicles and pieces of equipment, as well as, several park
improvement capital projects not included in the November 2009 Bond Election.
In order to identify the most favorable financing method, the Town’s Financial Advisor Dan Almon, with
Southwest Securities, compared the costs associated with borrowing from a financial institution to that of
issuing tax notes. Once proposals from financial institutions, including our local depository First Financial
Bank, were reviewed, they were compared to the costs of issuing tax notes. Financing the purchases
with tax notes yielded a savings of approximately $17,000.
As the bond market, banks, and most financial institutions are closed on Monday, January 18, 2010 in
observance of the Martin Luther King Holiday, our Bond Counsel Julie Partain, with Vinson & Elkins, has
prepared the attached reimbursement resolution which will enable us to go forward with the purchase of
vehicles and equipment. The resolution allows us to use a portion of our General Fund unallocated fund
balance to go forward with purchases and reimburse those expenditures with the proceeds of the tax
notes, once issued. The associated tax notes are scheduled to be issued in February, at which time we
will reimburse the General Fund balance for any purchases.
Town Manager Emmons referenced the financing schedule on page 39. Emmons said the original figure
presented for the Dump Truck was based on the price of a 2010 model. The 2011 models have stricter
emission requirements and cost a lot more. Emmons stated that Staff will be bringing back an Ordinance
to amend the budget.
Motion made by Edstrom, seconded by Strother to approve a Resolution Expressing the Town's intent to
reimburse expenditures made for vehicle and equipment purchases and park improvement projects from
the proceeds of tax-exempt obligations to be issued in the future.
Motion passed unanimously without further discussion.
8. 09-534-T Consider and take appropriate action regarding the refurbishment of the 2000 Medic
682 Ambulance from American Emergency Vehicle, and authorizing the Mayor or her designee
to execute necessary documents.
The vehicle to be replaced has met or exceeded the replacement criteria of a combination of age,
mileage, maintenance costs verses remaining value and was approved for replacement in the FY 09-10
budget. A quote was solicited by Professional Ambulance, a BuyBoard co-operative purchasing agent, for
the replacement of our 2000 Horton reserve unit. This will be a refurbish of the current unit and purchase
of a new chassis. Purchasing through a cooperative group increases the purchasing power of
governmental entities and simplifies the purchasing process by completing the competitive bid process.
Staff recommends approval of the bid award to Professional Ambulance for the amount of $97,537.00
Motion made by Edstrom, seconded by Rose to award the bid to Professional Ambulance for the amount
of $97,537.00 to approve the refurbishment of the 2000 Medic 682 Ambulance from American Emergency
Vehicle, and authorizing the Mayor or her designee to execute necessary documents.
Motion passed unanimously without any discussion.
Mayor White noted that the refurbishment is important to ensure coverage/backup for any time the
primary ambulance is out of service.
Town Council 10 of 127 Meeting Date: February 1, 2010
9. 2010-23-T Consider and take appropriate action regarding the purchase of Tahoes for the
Police Department, and authorizing the Mayor or her designee to execute necessary
documents.
The Inter Local Agreement with Parker County was previously approved by the Town Council. This item
allows Council to consider the purchase of the Tahoes via the ILA with Parker County.
Motion made by Edstrom, seconded by Rose to approve the purchase of Tahoes for the Police
Department, and authorizing the Mayor or her designee to execute necessary documents.
Motion passed unanimously without any discussion.
10. 2010-14-T Consider and take appropriate action regarding a Memorandum of Understanding
between the Town and NCTCOG authorizing Data Sharing between Trophy Club Police
Department and NCTCOG via the Law Enforcement Analysis Portal (L.E.A.P) and authoring the
Town Manager or his designee to execute necessary documents.
Law Enforcement Analysis Portal (L.E.A.P) is one of several information technology initiatives sponsored
by the North Central Texas Council of Governments designed to take advantage of existing technology
for the benefit of local governments throughout the state of Texas. L.E.A.P. is a multi-jurisdictional
system designed to deliver information to all members of Texas law enforcement for the purposes of
preventing and better responding to criminal and/or terrorist activities.
Mayor White noted that this is for data sharing only, actual use of the system will require a subscription
which is being evaluated.
Motion made by Edstrom, seconded by Strother to approve the Memorandum of Understanding between
the Town and NCTCOG authorizing Data Sharing between Trophy Club Police Department and NCTCOG
via the Law Enforcement Analysis Portal (L.E.A.P.) and authoring the Town Manager or his designee to
execute necessary documents.
Motion passed unanimously without any discussion.
11. 2010-15-T Consider and take appropriate action regarding a Resolution supporting a Flood
Protection Planning Grant.
The Town of Trophy Club budgeted $125,000 in fiscal year 2009/2010 and anticipates budgeting an
additional $125,000 in fiscal year 2010/2011 for engineering services related to drainage and flood control
in the Town. While a comprehensive drainage study can be quite expensive, it is a necessary step to
address the drainage needs of the Town. In early December, representatives from Jacobs Engineering
approached the Town and offered their assistance in preparing an application to the Texas Water
Development Board for a Flood Protection Planning Grant.
The Flood Protection Planning Grant is a 50/50 grant program that provides funding for engineering
services. One requirement of the grant application is the passage of a Resolution by the governing body
applying for the grant.
Management recommends approval of the Resolution.
Motion made by Edstrom, seconded by Rose to approve a Resolution supporting a Flood Protection
Planning Grant.
Motion passed unanimously without any discussion.
Town Council 11 of 127 Meeting Date: February 1, 2010
12. 2010-18-T Consider and take appropriate action awarding the Bid for U.S. Highway 377
Improvements at Bobcat Boulevard to Jagoe Public in an amount not to exceed $265 276.88,
and authorizing the Mayor or her designee to execute necessary documents.
On Monday, December 21, 2009, the Town of Trophy Club opened three sealed bids for the construction
of "U.S. Highway 377 Improvements at Bobcat Boulevard." The apparent low bidder for this project is
Jagoe Public, with a bid of $265,276.88. After reviewing all of the submitted bid documents, it is the
recommendation of Management and Jacobs Engineering that the project be awarded to Jagoe Public
and that the necessary contract documents be executed.
Mayor White commented that the bid is significantly less than what was originally budgeted.
Motion made by Edstrom, seconded by Rose to award a Bid for U.S. Highway 377 Improvements at
Bobcat Boulevard to Jagoe Public in an amount not to exceed $265,276.88, and authorizing the Mayor or
her designee to execute necessary documents.
Motion passed unanimously without further discussion.
13. 2010-34-T Consider and take appropriate action regarding financial and variance report dated:
a. December
The December 2009 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 of 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.
Motion made by Edstrom, seconded by Strother to approve the financials dated December 2009.
Motion passed unanimously without any discussion.
14. 2010-19-T Consider and take appropriate action appointing Council members to serve on an
Audit Subcommittee.
It is recommended that each public entity establish an Audit Subcommittee made up of members of the
governing body. As the core responsibility of the legislative (lawmaking) branch of government (Council)
is to provide direction to the Executive (administration of laws) branch of government (Management), this
committee’s fundamental purpose is to provide a practical tool for ensuring that the financial statements
are properly audited, and that any problems disclosed in the course of the audit are satisfactorily
resolved. In addition, it allows an opportunity to assess whether Management is maintaining a
comprehensive framework of internal control, and that financial reporting practices are being objectively
reviewed.
The committee usually meets one or two times annually to review the independent auditor’s reports, and
assess the performance of the audit. Membership on the committee is reviewed and appointed annually.
Mayor White and Council member Sterling volunteered.
Motion made by Edstrom, seconded by Rose to appoint Mayor White and Council member Sterling to an
Audit Subcommittee.
Motion passed unanimously without further discussion.
Town Council 12 of 127 Meeting Date: February 1, 2010
Town Council Minutes dated January 18, 2010 8
15. 09-545-T Consider and take appropriate action regarding setting a date to hold a Joint Session
with Trophy Club MUD 1.
Mayor White said that she discussed the date of Saturday, February 6th with TCMUD1. Some of the
Directors questioned the possibility of meeting before their meeting on Monday, January 25th. Mayor
White said that she would like to go with the date proposed of Saturday, February 6th, as she felt more
time would be needed.
Motion made by Edstrom, seconded by Rose to set, February 6, 2010 as the date to hold a Joint Session
with Trophy Club MUD 1.
Motion passed unanimously without further discussion.
16. 2010-21-T Mayor and Council Update regarding training opportunities, educational sessions,
and regional meetings; discussion of same.
Mayor White provided a brief update on her attendance at the following meetings and events:
City of Southlake DPS HQ Grand Opening
Metroplex Mayors Association
Northwest Community Partnership Meeting
Roger Stauback - Nth TX Super Bowl XLV Host Committee Kick-Off Concert Series Action Team
Council member Edstrom stated that the Trophy Club Women’s Club presented the Police Department,
Fire Department and Animal Control with grants last Wednesday evening.
17. 2010-20-T Items for Future Agendas
No action taken.
ADJOURN
Motion to adjourn made by Sterling, seconded by Rose. Motion passed unanimously
Meeting Adjourned at 9:45 p.m.
____________________________ ___________________________
Lisa Hennek, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 13 of 127 Meeting Date: February 1, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-50-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/25/2010 Town Council
On agenda:Final action:2/1/2010
Title:Consider and take appropriate action regarding the Minutes dated January 21, 2010.
Attachments:January 21, 2010 Minutes.pdf
Action ByDate Action ResultVer.
Town Council 14 of 127 Meeting Date: February 1, 2010
12010-50-T Version:File #:
Title
Consider and take appropriate action regarding the Minutes dated January 21, 2010.
Town Council 15 of 127 Meeting Date: February 1, 2010
MINUTES FROM SPECIAL SESSION TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Thursday, January 21, 2010 5:00 PM
Svore Municipal Building Boardroom
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Thursday, January
21, 2010. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Glenn Strother Mayor Pro Tem
Susan Edstrom Council Member
Philip Sterling Council Member
Kathleen Wilson Council Member
Bill Rose Council Member
TOWN COUNCIL MEMBERS ABSENT:
Susan Edstrom Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Mayor White announced the date of January 18, 2010, called to order and announced a quorum at
5:00 p.m.
1. 2010-35-T Opening comments by the Town Manager.
Town Manager Emmons stated that this is a continuation from the discussion that Council started
Monday evening.
WORKSHOP SESSION
2. 2010-10-T Consider and take appropriate action establishing goals and objectives for FY 2010-11.
The Council identified the following Goals and Objectives:
Goal #1: Safe and secure community.
Objective: Maintain Trophy Club’s low crime rate
Objective: Increase positive visibility through community policing initiatives
Provide for investment needed to ensure success
Objective: Provide Superior Emergency Services
(include all emergency)
Town Council 16 of 127 Meeting Date: February 1, 2010
Town Council Minutes dated January 21, 2010 (Special Session) 2
Objective: Increase citizen involvement
Citizens on Patrol, CPA, CFA, etc.
Expand National Night Out type activities
Goal #2: Business Friendly Community
Objective: Provide environment to retain/develop existing businesses
Objective: Promote new commercial opportunities
Objective: Create effective working relationships with developers and businesses
Goal #3: Economically diverse, prosperous community
Objective: Enact progressive economic initiatives
Objective: Investigate Progressive Zoning Concept
Goal #4: A vibrant and inclusive community with involved, caring residents
Objective: Provide superior customer services
Objective: Foster a well informed community
Objective: Promoting and supporting active lifestyle
Objective: Develop expanded community involvement opportunities
Objective: Expand recreational opportunities for all ages
Goal # 5: Community with shared vision
Objective: Forge collaborative relationships with other governmental/public entities
Objective: Create a positive regional identity
Goal #6: A community in which the infrastructure supports its residents
Objective: Develop a realistic Capital Improvement Plan
Objective: Build a premier parks system
Non-athletic park space
Explore regional recreational opportunities
Objective: Attracts visitors to park destinations
Objective: Provide necessary resources to maintain all improvements, new and existing
Goal #7: Picturesque Town
Objective: Maintain neat and tidy appearance
Don’t litter program
Objective: Improve property maintenance standards
Objective: Be recognized for our aesthetics
Goal #8: Environmentally Sound Community
Objective: Initiate Going Green Programs
Objective: Promote recycling
Objective: Evaluate environmental health
Objective: Promote environmentally conscious building standards
Objective: Develop long term plan for addressing drainage study results
ADJOURN
Motion to adjourn made by Sterling seconded by Wilson.
Meeting Adjourned at 8:12 p.m.
____________________________ ___________________________
Lisa Hennek, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 17 of 127 Meeting Date: February 1, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-57-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/27/2010 Town Council
On agenda:Final action:2/1/2010
Title:Presentation of the first quarter report for 2009-2010 fiscal year through December 2009 and
discussion of same.
Attachments:
Action ByDate Action ResultVer.
Town Council 18 of 127 Meeting Date: February 1, 2010
12010-57-T Version:File #:
Title
Presentation of the first quarter report for 2009-2010 fiscal year through December 2009 and discussion of same.
Town Council 19 of 127 Meeting Date: February 1, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-39-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/19/2010 Town Council
On agenda:Final action:2/1/2010
Title:Consider and take appropriate action nominating members to serve on the Citizen of the Year
Committee.
A. Each Council Member and the Mayor to select one nominee to serve on the Committee.
Attachments:TC Times (COY).pdf
Action ByDate Action ResultVer.
Town Council 20 of 127 Meeting Date: February 1, 2010
12010-39-T Version:File #:
Title
Consider and take appropriate action nominating members to serve on the Citizen of the Year Committee.
A. Each Council Member and the Mayor to select one nominee to serve on the Committee.
Body
The Volunteer Citizen of the Year Committee will make a recommendation to the Town Council at their second meeting in
March. The Committee will be comprised of one nominee from each Council Member and the Mayor, as well as past
Volunteer Citizen of the Year recipients who are able to participate. Any member of the Selection Committee sharing a
close, personal relationship with a nominee (such as a relative, etc.) should recuse themselves from the Committee.
March 15, 2010 - the Volunteer Citizen of the Year Committee will make a recommendation to the Town Council
April 5, 2010 - Town Council will announce Citizen of the Year Town
Citizen of the Year information was advertised the following ways:
Posted to the Marquees the entire month of January,
Included to News and Information Listservs sent on December 4, 11, 18, 23, 30 and the January 8, 15 and 22
Published in the December 2009 and January 2010 Newsletters
Published in the Trophy Club Times on December 30, 2009
At the time of posting, Staff had only received two nominations.
Town Council 21 of 127 Meeting Date: February 1, 2010
Wednesday, Dec. 30, 2009
...and the Nominees for Trophy Club Citizen of the
Year Are...
By A. Lee Graham
algraham@alliancenews.net
Youth play an expanded role in this year’s Trophy Club Volunteer Citizen of the Year awards.
Not only are teenagers welcome to enter, but so are those younger than 13.
"It was a recommendation from the Citizen of the Year Committee last year," said Town Secretary
Lisa Hennek, explaining the change from Teenage to Youth categories.
But what if older and younger youth make equal impressions?
"The committee will have the authorization to recommend one for Youth and one for Teenage
should nominations merit that," Hennek said.
Beginning Jan. 1, the town will begin accepting nominations for the latest contest. Submissions
must be made by Jan. 29.
The annual contest recognizes residents who contribute to the quality of Trophy Club life. It
showcases residents young and old, applauding what the committee considers significant
contributions made to the town.
The committee will be comprised of one nominee from each council member and mayor, as well as
past Volunteer Citizen of the Year recipients. In last year’s contest, Wendy Moss won the
philanthropic category; Rick Gilliland, civic; and Alyssa Edstrom, teenage.
For this year’s contest, the Town Council will appoint nominees at its Feb. 1 regular meeting. Past
recipients are encouraged to leave their contact information with Hennek so they may be invited to
contest committee meetings. Hennek can be reached at 682-831-4601 or by e-mail at
lhennek@ci.trophyclub.tx.us.
The council will receive winner recommendations at its second regular meeting in March, with the
council expected to announce winners in April.
Nomination forms and contest criteria are available on the town’s Web site at
www.ci.trophyclub.tx.us
Town Council 22 of 127 Meeting Date: February 1, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-55-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/25/2010 Town Council
On agenda:Final action:2/1/2010
Title:Consider and take appropriate action regarding the rescheduling of dates for the March, April, and
May 2010 Regular Town Council meetings.
Attachments:
Action ByDate Action ResultVer.
Town Council 23 of 127 Meeting Date: February 1, 2010
12010-55-T Version:File #:
Title
Consider and take appropriate action regarding the rescheduling of dates for the March, April, and May 2010 Regular
Town Council meetings.
Body
Early Voting for the May Election is scheduled in the Council Chambers on the following day during the last week in April
and first week in May. Stafff has been requested to move or reschedule their meetings that are currently scheduled
during this time so that we may secure the voting premises.
Council is scheduled to meet on May 3. Staff requests that Council consider rescheduling this meeting, however, this
means that Council will have back to back meetings in either April or May. My recommendation is as follows:
Regular Meeting - April 5
Regular Meeting - April 19
RESCHEDULE May 3 - April 26
Or
Regular Meeting - May 3
RESCHEDULE May 3 - May 10
Regular Meeting - May 17
Town Council 24 of 127 Meeting Date: February 1, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-56-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/26/2010 Town Council
On agenda:Final action:2/1/2010
Title:Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas,
Authorizing the Issuance and Sale of Town of Trophy Club, Texas, Tax Notes, Series 2010, in the
Aggregate Principal Amount of $560,000; Approving a Note Purchase Agreement and Engagement
Letter; Levying a Tax in Payment thereof; Prescribing the Form of Said Notes; and Enacting other
Provisions Relating to the Subject.
Attachments:Ord. 2010-02 Bond Ordinance - Tax Notes 2010.pdf
Purchase Agreement Bond Tax Notes 2010 Series.pdf
Paying Agent Agreement Bond Tax Notes 2010 Series.pdf
Action ByDate Action ResultVer.
Town Council 25 of 127 Meeting Date: February 1, 2010
12010-56-T Version:File #:
Title
Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas, Authorizing the
Issuance and Sale of Town of Trophy Club, Texas, Tax Notes, Series 2010, in the Aggregate Principal Amount of
$560,000; Approving a Note Purchase Agreement and Engagement Letter; Levying a Tax in Payment thereof;
Prescribing the Form of Said Notes; and Enacting other Provisions Relating to the Subject.
Body
The purchase and replacement of several vehicles and pieces of equipment were included in the Town’s 2009-2010
adopted budget. In addition, the EDC 4A Board budgeted and approvedfunding for the debt service costs associated
with financing several vehicles and pieces of equipment, as well as, several park improvement capital projects not
included in the November 2009 Bond Election.
In order to identify the most favorable financing method, the Town’s Financial Advisor Dan Almon, with Southwest
Securities, compared the costs associated with borrowingfrom a financial institution to that of issuing tax notes. Once
proposals from financial institutions, including our local depository First Financial Bank, were reviewed, they were
compared to the costs of issuing tax notes. Financing the purchases with tax notes yielded a savings of approximately
$17,000.
The Council approved a reimbursement resolution at the January 18, 2010 Council Meeting, which allowed Management
to use a portion of our General Fund unallocated fund balance to go forward with purchases and reimburse those
expenditures with the proceeds of the tax notes, once issued. The attached ordinance authorizes the issuance of the tax
notes. Once funding is received, we will reimburse the General Fund balance for any purchases.
Town Council 26 of 127 Meeting Date: February 1, 2010
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010– 02
AUTHORIZING THE ISSUANCE OF
$560,000
TOWN OF TROPHY CLUB, TEXAS
TAX NOTES,
SERIES 2010
Adopted: February 1, 2010
Town Council 27 of 127 Meeting Date: February 1, 2010
(i)
Ordinance No. 2010-02 (File ID 2010-56)
TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS AND OTHER PRELIMINARY MATTERS
Section 1.01. Definitions................................................................................................................2
Section 1.02. Other Definitions. ....................................................................................................3
Section 1.03. Findings....................................................................................................................3
Section 1.04. Table of Contents, Titles and Headings...................................................................3
Section 1.05. Interpretation............................................................................................................3
ARTICLE II
SECURITY FOR THE NOTES
Section 2.01. Tax Levy for Payment of the Notes.........................................................................4
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE NOTES
Section 3.01. Authorization...........................................................................................................4
Section 3.02. Date, Denomination, Maturities, Numbers and Interest..........................................5
Section 3.03. Medium, Method and Place of Payment..................................................................5
Section 3.04. Execution and Initial Registration. ..........................................................................6
Section 3.05. Ownership................................................................................................................7
Section 3.06. Registration, Transfer and Exchange.......................................................................7
Section 3.07. Cancellation and Authentication..............................................................................8
Section 3.08. Temporary Notes. ....................................................................................................8
Section 3.09. Replacement Notes..................................................................................................9
ARTICLE IV
NO REDEMPTION OF NOTES BEFORE MATURITY
Section 4.01. Limitation on Redemption.....................................................................................10
Section 4.02. No Optional Redemption.......................................................................................10
ARTICLE V
PAYING AGENT/REGISTRAR
Section 5.01. Appointment of Initial Paying Agent/Registrar.....................................................10
Section 5.02. Qualifications.........................................................................................................10
Town Council 28 of 127 Meeting Date: February 1, 2010
(ii)
Ordinance No. 2010-02 (File ID 2010-56)
Section 5.03. Maintaining Paying Agent/Registrar.....................................................................10
Section 5.04. Termination............................................................................................................10
Section 5.05. Notice of Change...................................................................................................11
Section 5.06. Agreement to Perform Duties and Functions.........................................................11
Section 5.07. Delivery of Records to Successor..........................................................................11
ARTICLE VI
FORM OF THE NOTES
Section 6.01. Form Generally......................................................................................................11
Section 6.02. Form of Notes........................................................................................................12
Section 6.03. CUSIP Registration................................................................................................16
Section 6.04. Legal Opinion........................................................................................................16
Section 6.05. Municipal Bond Insurance.....................................................................................16
ARTICLE VII
SALE OF THE NOTES; CONTROL AND DELIVERY OF THE NOTES
Section 7.01. Sale of Notes; Official Statement. .........................................................................17
Section 7.02. Control and Delivery of Notes...............................................................................17
ARTICLE VIII
CREATION OF FUNDS AND ACCOUNTS; DEPOSIT OF PROCEEDS; INVESTMENTS
Section 8.01. Creation of Funds...................................................................................................18
Section 8.02. Interest and Sinking Fund......................................................................................18
Section 8.03. Project Fund...........................................................................................................18
Section 8.04. Security of Funds...................................................................................................19
Section 8.05. Deposit of Proceeds...............................................................................................19
Section 8.06. Investments............................................................................................................19
Section 8.07. Investment Income.................................................................................................19
ARTICLE IX
PARTICULAR REPRESENTATIONS AND COVENANTS
Section 9.01. Payment of the Notes.............................................................................................19
Section 9.02. Other Representations and Covenants...................................................................19
Section 9.03. Provisions Concerning Federal Income Tax Exclusion.........................................20
Section 9.04. No Private Use or Payment and No Private Loan Financing.................................20
Section 9.05. No Federal Guaranty..............................................................................................20
Section 9.06. Notes are not Hedge Bonds....................................................................................21
Section 9.07. No-Arbitrage Covenant..........................................................................................21
Section 9.08. Arbitrage Rebate....................................................................................................21
Town Council 29 of 127 Meeting Date: February 1, 2010
(iii)
Ordinance No. 2010-02 (File ID 2010-56)
Section 9.09. Information Reporting. ..........................................................................................21
Section 9.10. Qualified Tax-Exempt Obligations........................................................................22
Section 9.11. Continuing Obligation. ..........................................................................................22
ARTICLE X
DEFAULT AND REMEDIES
Section 10.01. Events of Default...................................................................................................22
Section 10.02. Remedies for Default.............................................................................................22
Section 10.03. Remedies Not Exclusive........................................................................................23
ARTICLE XI
DISCHARGE
Section 11.01. Discharge...............................................................................................................23
ARTICLE XII
EFFECTIVE IMMEDIATELY
Section 12.01. Effectiveness..........................................................................................................23
Town Council 30 of 127 Meeting Date: February 1, 2010
Ordinance No. 2010-02 (File ID 2010-56)
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS, AUTHORIZING THE ISSUANCE AND SALE OF
TOWN OF TROPHY CLUB, TEXAS, TAX NOTES, SERIES
2010, IN THE AGGREGATE PRINCIPAL AMOUNT OF
$560,000; APPROVING A NOTE PURCHASE AGREEMENT
AND ENGAGEMENT LETTER; LEVYING A TAX IN
PAYMENT THEREOF; PRESCRIBING THE FORM OF SAID
NOTES; AND ENACTING OTHER PROVISIONS RELATING
TO THE SUBJECT
WHEREAS, pursuant to Chapter 1431, Texas Government Code (the “Act”), the
governing body of a municipality is authorized to issue the notes hereinafter authorized (the
“Notes”) to pay contractual obligations incurred or to be incurred for the purposes set forth in
Section 3.01 hereof; and
WHEREAS, this governing body (the “Town Council”) of the Town of Trophy Club,
Texas (the “Town”), hereby finds and determines that it is necessary and in the best interest of
the Town and its citizens to issue such Notes for the purposes herein described and that such
Notes shall be payable from and secured by ad valorem taxes levied, within the limits prescribed
by law, on all taxable property within the Town; and
WHEREAS, the Notes hereinafter authorized shall mature before the seventh anniversary
of the date that the Attorney General of the State of Texas approves the Notes, as required by the
Act; and
WHEREAS, it is affirmatively found that this Town Council is authorized to proceed
with the issuance and sale of such Notes as authorized by the Constitution and laws of the State
of Texas, particularly the Act; and
WHEREAS, the Town Council has found and determined that it is necessary and in the
best interest of the Town and its citizens that it authorize by this Ordinance the issuance and
delivery of its Notes in a single series at this time; and
WHEREAS, it is officially found, determined, and declared that the meeting at which this
Ordinance has been adopted was open to the public and public notice of the time, place and
subject matter of the public business to be considered and acted upon at said meeting, including
this Ordinance, was given, all as required by the applicable provisions of Chapter 551, Texas
Government Code, as amended; Now Therefore,
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB:
Town Council 31 of 127 Meeting Date: February 1, 2010
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Ordinance No. 2010-02 (File ID 2010-56)
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:
“Closing Date” means the date of the initial delivery of and payment for the Notes.
“Code” means the Internal Revenue Code of 1986, as amended, including applicable
regulations, published rulings and court decisions relating thereto.
“Designated Payment/Transfer Office” means (i) with respect to the initial Paying
Agent/Registrar named herein, its office in Fort Worth, 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.
“Event of Default” means any Event of Default as defined in Section 10.01.
“Initial Note” means the Note described in Section 3.04(d) and 6.02(d).
“Interest and Sinking Fund” means the interest and sinking fund established by
Section 8.01(a).
“Interest Payment Date” means the date or dates upon which interest on the Notes is
scheduled to be paid until the maturity of the Notes, such dates being March 1 and September 1
of each year commencing September 1, 2010.
“Note” means any of the Notes.
“Notes” means the Town’s notes entitled “Town of Trophy Club, Texas, Tax Notes,
Series 2010” authorized to be issued by Section 3.01.
“Ordinance” means this Ordinance.
“Owner” means the person who is the registered owner of a Note or Notes, as shown in
the Register.
“Paying Agent/Registrar” means initially TIB-The Independent BankersBank, or any
successor thereto as provided in this Ordinance.
“Paying Agent/Registrar Agreement” means the Paying Agent/Registrar Agreement
between the Town and the Paying Agent/Registrar relating to the Notes.
“Project Fund” means the construction fund established by Section 8.01(a).
Town Council 32 of 127 Meeting Date: February 1, 2010
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Ordinance No. 2010-02 (File ID 2010-56)
“Purchaser” means TIB-The Independent BankersBank.
“Record Date” means the last business day of the month next preceding an Interest
Payment Date.
“Register” means the Register specified in Section 3.06(a).
“Special Payment Date” means the Special Payment Date prescribed by Section 3.03(b).
“Special Record Date” means the Special Record Date prescribed by Section 3.03(b).
“Unclaimed Payments” means money deposited with the Paying Agent/Registrar for the
payment of the principal of or interest on Notes as the same become due and payable and
remaining unclaimed by the Owners of such Notes for 90 days after the applicable payment or
redemption date.
Section 1.02. Other Definitions.
The terms “Town Council” and “Town” shall have the meaning assigned in the preamble
to this Ordinance.
Section 1.03. 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 1.04. 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 1.05. 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
words of the singular number shall be construed to include correlative words of the plural
number and vice versa.
(b) Article and section references shall mean references to articles and sections of this
Ordinance unless designated otherwise.
(c) This Ordinance and all the terms and provisions hereof shall be liberally
construed to effectuate the purposes set forth herein to sustain the validity of this Ordinance.
Town Council 33 of 127 Meeting Date: February 1, 2010
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Ordinance No. 2010-02 (File ID 2010-56)
ARTICLE II
SECURITY FOR THE NOTES
Section 2.01. Tax Levy for Payment of the Notes.
(a) The Town Council hereby declares and covenants that it will provide and levy a
tax legally and fully sufficient for payment of the Notes, it having been determined that the
existing and available taxing authority of the Town for such purpose is adequate to permit a
legally sufficient tax in consideration of all other outstanding obligations of the Town.
(b) In order to provide for the payment of the debt service requirements on the Notes,
being (i) the interest on the Notes, and (ii) a sinking fund for their payment at maturity or a
sinking fund of two percent per annum (whichever amount is the greater), there is hereby levied
for the current year and each succeeding year thereafter, while the Notes or interest thereon
remain 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 limit prescribed by law, to pay
such debt service requirements, full allowance being made for delinquencies and costs of
collection.
(c) The tax levied by this Section shall be assessed and collected each year and
deposited into the Interest and Sinking Fund for the payment of the debt service requirements on
the Notes, and the tax shall not be diverted to any other purpose.
(d) 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 Notes when and as
due and payable in accordance with their terms and this Ordinance.
(e) If the liens and provisions of this Ordinance shall be discharged in a manner
permitted by Article XI, 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.
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS
REGARDING THE NOTES
Section 3.01. Authorization.
The Town’s notes to be designated “Town of Trophy Club, Texas Tax Notes, Series
2010,” are hereby authorized to be issued and delivered in accordance with the Constitution and
laws of the State of Texas, particularly Chapter 1431, Texas Government Code, as amended, and
the Town’s Home Rule Charter, in the aggregate principal amount of $560,000 for the public
purpose of providing funds for (i) acquiring vehicles and equipment for the Town’s Parks,
Police, Street and Emergency Medical Services departments; and (ii) design, engineering and
Town Council 34 of 127 Meeting Date: February 1, 2010
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Ordinance No. 2010-02 (File ID 2010-56)
construction of park and recreation improvements; and (iii) payment of the costs and expenses
associated with issuing the Notes.
Section 3.02. Date, Denomination, Maturities, Numbers and Interest.
(a) The Notes shall be dated the date of their delivery to the Purchaser, 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 Note, which shall be numbered T-
1.
(b) The Notes shall mature on March 1 in the years and in the principal installments
set forth in the following schedule:
Maturity Principal Amount Interest Rate
2011 $ 95,000 2.480%
2012 $100,000 2.940%
2013 $100,000 3.330%
2014 $ 80,000 3.730%
2015 $ 85,000 4.190%
2016 $ 50,000 4.700%
2017 $ 50,000 5.010%
(c) Interest shall accrue and be paid on each Note, respectively, until the payment of
the principal amount thereof shall have been paid or provided for, from the later of the Closing
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 specified in the schedule contained in
subsection (b) above. Such interest shall be payable semiannually on each March 1 and
September 1 of each year, commencing on September 1, 2010, until maturity or prior
redemption. Interest on the Notes shall be calculated on the basis of a 360-day year composed of
twelve 30-day months.
Section 3.03. Medium, Method and Place of Payment.
(a) The principal of, premium, if any, and interest on the Notes shall be paid in lawful
money of the United States of America as provided in this Section.
(b) Interest on the Notes shall be payable to the Owners whose names appear in the
Register at the close of business on the Record Date; provided, however, that 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”) will be established by the
Town Council 35 of 127 Meeting Date: February 1, 2010
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Ordinance No. 2010-02 (File ID 2010-56)
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 at least 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 Note appearing on the books
of the Paying Agent/Registrar at the close of business on the last business day next preceding the
date of mailing of such notice.
(c) Interest on the Notes shall be paid by check (dated as of the Interest Payment
Date) and sent by the Paying Agent/Registrar to the person entitled to such payment, United
States mail, first class postage prepaid, to the address of such person as it appears in the Register
or by such other customary banking arrangements acceptable to the Paying Agent/Registrar and
the person to whom interest is to be paid; provided, however, that such person shall bear all risk
and expenses of such other customary banking arrangements.
(d) The principal of each Note shall be paid to the person in whose name such Note is
registered on the due date thereof (whether at the maturity date or the date of prior redemption
thereof) upon presentation and surrender of such Note at the Designated Payment/Transfer
Office. So long as the Purchaser is the Owner of record of the Notes, presentation and surrender
of any Note is not required, and payment of such principal amount to the Owner may be by wire
transfer.
(e) If a date for the payment of the principal of or interest on the Notes is a Saturday,
Sunday, legal holiday, or a day on which banking institutions in the Town in which the
Designated Payment/Transfer Office is located are authorized by law or executive order to close,
then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday,
legal holiday, or day on which such banking institutions are 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.
(f) Subject to any applicable escheat, unclaimed property, or similar law, including
Title 6 of the Texas Property Code, Unclaimed Payments remaining unclaimed by the Owners
entitled thereto for three years after the applicable payment or redemption date shall be paid to
the Town and thereafter neither the Town, the Paying Agent/Registrar, nor any other person shall
be liable or responsible to any Owners of such Notes for any further payment of such unclaimed
moneys or on account of any such Notes.
Section 3.04. Execution and Initial Registration.
(a) The Notes shall be executed on behalf of the Town by the Mayor and Town
Secretary of the Town, 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 Notes shall
have the same effect as if each of the Notes had been signed manually and in person by each of
said officers, and such facsimile seal on the Notes shall have the same effect as if the official seal
of the Town had been manually impressed upon each of the Notes.
(b) In the event that any officer of the Town whose manual or facsimile signature
appears on the Notes ceases to be such officer before the authentication of such Notes or before
Town Council 36 of 127 Meeting Date: February 1, 2010
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Ordinance No. 2010-02 (File ID 2010-56)
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 Note 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 in this Ordinance, duly
authenticated by manual execution of the Paying Agent/Registrar. It shall not be required that
the same authorized representative of the Paying Agent/Registrar sign the Certificate of Paying
Agent/Registrar on all of the Notes. In lieu of the executed Certificate of Paying Agent/Registrar
described above, the Initial Note delivered on the Closing Date shall have attached thereto the
Comptroller’s Registration Certificate substantially in the form provided in this Ordinance,
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 Initial Note 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.
(d) On the Closing Date, one Initial Note representing the entire principal amount of
the Notes, payable in stated installments to the initial purchaser or its designee, executed by
manual or facsimile signature of the Mayor and Town Secretary of the Town, approved by the
Attorney General of Texas, and registered and manually signed by the Comptroller of Public
Accounts of the State of Texas, will be delivered to the Purchaser or its designee.
Section 3.05. Ownership.
(a) The Town, the Paying Agent/Registrar and any other person may treat the person
in whose name any Note is registered as the absolute owner of such Note for the purpose of
making and receiving payment of the principal thereof and premium, if any, thereon, for the
further purpose of making and receiving payment of the interest thereon (subject to the
provisions herein that interest is to be paid to the person in whose name the Note is registered on
the Record Date), and for all other purposes, whether or not such Note 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 person deemed to be the Owner of any Note in
accordance with this Section shall be valid and effectual and shall discharge the liability of the
Town and the Paying Agent/Registrar upon such Note to the extent of the sums paid.
Section 3.06. Registration, Transfer and Exchange.
(a) So long as any Notes 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 Notes in accordance with this Ordinance.
(b) The ownership of a Note may be transferred only upon the presentation and
surrender of the Note at the Designated Payment/Transfer Office of the Paying Agent/Registrar
with such endorsement or other evidence of transfer as is acceptable to the Paying
Agent/Registrar. No transfer of any Note shall be effective until entered in the Register.
Town Council 37 of 127 Meeting Date: February 1, 2010
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Ordinance No. 2010-02 (File ID 2010-56)
(c) The Notes shall be exchangeable upon the presentation and surrender thereof at
the Designated Payment/Transfer Office of the Paying Agent/Registrar for a Note or Notes 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 Notes presented for exchange. The Paying Agent/Registrar is hereby authorized to
authenticate and deliver Notes exchanged for other Notes in accordance with this Section.
(d) Each exchange Note 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 Note or Notes in lieu of
which such exchange Note is delivered.
(e) No service charge shall be made to the Owner for the initial registration,
subsequent transfer, or exchange for any different denomination of any of the Notes. 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 Note.
Section 3.07. Cancellation and Authentication.
All Notes paid or redeemed before scheduled maturity in accordance with this Ordinance,
and all Notes in lieu of which exchange Notes or replacement Notes are authenticated and
delivered in accordance with this Ordinance, shall be cancelled upon the making of proper
records regarding such payment, redemption, exchange or replacement. The Paying
Agent/Registrar shall dispose of the cancelled Notes in accordance with the Securities Exchange
Act of 1934.
Section 3.08. Temporary Notes.
(a) Following the delivery and registration of the Initial Note and pending the
preparation of definitive Notes, 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 Notes that are printed, lithographed, typewritten, mimeographed or otherwise
produced, in any denomination, substantially of the tenor of the definitive Notes 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 Notes
may determine, as evidenced by their signing of such temporary Notes.
(b) Until exchanged for Notes in definitive form, such Notes 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 Notes in definitive form; thereupon, upon the presentation and
surrender of the Note or Notes in temporary form to the Paying Agent/Registrar, the Paying
Agent/Registrar shall cancel the Notes in temporary form and authenticate and deliver in
exchange therefor a Note or Notes of the same maturity and series, in definitive form, in the
authorized denomination, and in the same aggregate principal amount, as the Note or Notes in
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Ordinance No. 2010-02 (File ID 2010-56)
temporary form surrendered. Such exchange shall be made without the making of any charge
therefor to any Owner.
Section 3.09. Replacement Notes.
(a) Upon the presentation and surrender to the Paying Agent/Registrar, at the
Designated Payment/Transfer Office, of a mutilated Note, the Paying Agent/Registrar shall
authenticate and deliver in exchange therefor a replacement Note 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 Note 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 Note 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 Note has been acquired by a bona fide purchaser, shall
authenticate and deliver a replacement Note of like tenor and principal amount, bearing a number
not contemporaneously outstanding, provided that the Owner first:
(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 Note;
(ii) furnishes such security or indemnity as may be required by the Paying
Agent/Registrar and the Town to save them 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 Note, a bona fide purchaser of the
original Note in lieu of which such replacement Note was issued presents for payment such
original Note, the Town and the Paying Agent/Registrar shall be entitled to recover such
replacement Note 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 Note has become or is about to become due and payable, the Paying Agent/Registrar, in its
discretion, instead of issuing a replacement Note, may pay such Note.
(e) Each replacement Note delivered 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 Note or Notes in lieu of which such replacement Note is
delivered.
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Ordinance No. 2010-02 (File ID 2010-56)
ARTICLE IV
NO REDEMPTION OF NOTES BEFORE MATURITY
Section 4.01. Limitation on Redemption.
The Notes shall be subject to redemption before their scheduled maturity only as
provided in this Article IV.
Section 4.02. No Optional Redemption.
The Notes shall not be subject to optional redemption before their Scheduled Maturity.
ARTICLE V
PAYING AGENT/REGISTRAR
Section 5.01. Appointment of Initial Paying Agent/Registrar.
TIB-The Independent BankersBank, is hereby appointed as the initial Paying
Agent/Registrar for the Notes.
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 Notes.
Section 5.03. Maintaining Paying Agent/Registrar.
(a) At all times while any Notes 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 an agreement with the Paying Agent/Registrar specifying the
duties and responsibilities of the Town and the Paying Agent/Registrar. The signature of the
Mayor shall be attested by the Town Secretary.
(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, provided, that such termination shall not be
effective until a successor Paying Agent/Registrar has been appointed and has accepted the
duties of Paying Agent/Registrar for the Notes.
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Ordinance No. 2010-02 (File ID 2010-56)
Section 5.05. Notice of Change.
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 and any bond insurer 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.
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, 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 Notes to the successor Paying Agent/Registrar.
ARTICLE VI
FORM OF THE NOTES
Section 6.01. Form Generally.
(a) The Notes, including 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 Notes, (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 Notes, as evidenced
by their execution thereof.
(b) Any portion of the text of any Notes may be set forth on the reverse side thereof,
with an appropriate reference thereto on the face of the Notes.
(c) The Initial Note submitted to the Attorney General of Texas and definitive Notes,
if any, shall be typed, printed, lithographed, photocopied 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 Notes, as evidenced by their execution thereof.
(d) The Initial Note submitted to the Attorney General of the State of Texas may be
typewritten and photocopied or otherwise reproduced.
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Ordinance No. 2010-02 (File ID 2010-56)
Section 6.02. Form of Notes.
The form of Notes, 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 Notes, shall be substantially as follows:
(a) [Form of Note]
REGISTERED REGISTERED
No. _____ $__________
United States of America
State of Texas
TOWN OF TROPHY CLUB, TEXAS
TAX NOTE,
SERIES 2010
INTEREST RATE: MATURITY DATE: CLOSING DATE: CUSIP NO.:
_____% March 1, ____ _________,2010 ______ ___
The Town of Trophy Club (the “Town”) in the Counties of Tarrant, Johnson and Ellis,
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 Note shall have been sooner called for redemption and the payment of the principal
hereof shall have been paid or provision for such payment shall have been made, and to pay
interest on the unpaid principal amount hereof from the later of the Closing Date specified above
or the most recent interest payment date to which interest has been paid or provided for until
such principal amount shall have 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 September 1,
2010.
The principal of this Note shall be payable without exchange or collection charges in
lawful money of the United States of America upon presentation and surrender of this Note at the
corporate office in Fort Worth, Texas (the “Designated Payment/Transfer Office”), of TIB-The
Independent BankersBank, as initial Paying Agent/Registrar, or, with respect to a successor
Paying Agent/Registrar, at the Designated Payment/Transfer Office of such successor. So long
as the Purchaser (as defined in the Ordinance), is the Owner of record of the Notes, presentation
and surrender of any Note is not required, and payment of such principal amount to the Owner
may be by wire transfer. Interest on this Note is payable by check dated as of the interest
payment date, mailed by the Paying Agent/Registrar to the registered owner at the address shown
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Ordinance No. 2010-02 (File ID 2010-56)
on the registration books kept by the Paying Agent/Registrar or by such other customary banking
arrangements acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense
of, the person to whom interest is to be paid. For the purpose of the payment of interest on this
Note, the registered owner shall be the person in whose name this Note 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 date; provided, however, that 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”) 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 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 Note appearing on the books of the
Paying Agent/Registrar at the close of business on the last business day preceding the date of
mailing such notice.
If a date for the payment of the principal of or interest on the Notes is a Saturday,
Sunday, legal holiday, or a day on which banking institutions in the Town in which the
Designated Payment/Transfer Office is located are authorized by law or executive order to close,
then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday,
legal holiday, or day on which such banking institutions are 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.
This Note is one of a series of fully registered notes specified in the title hereof issued in
the aggregate principal amount of $560,000 (herein referred to as the “Notes”) dated as of the
Closing Date above pursuant to a certain ordinance of the Town Council of the Town (the
“Ordinance”) for the public purpose of providing funds for authorized public improvements for
and within the Town, and to pay the costs of issuance related to the Notes.
The Notes and the interest thereon are payable from the levy of a direct and continuing ad
valorem tax, within the limit prescribed by law, against all taxable property in the Town as
described and provided in the Ordinance.
The Notes are not subject to redemption prior to maturity.
As provided in the Ordinance, and subject to certain limitations therein set forth, this
Note is transferable upon surrender of this Note for transfer at the Designated Payment/Transfer
Office of the Paying Agent/Registrar with such endorsement or other evidence of transfer as is
acceptable to the Paying Agent/Registrar; thereupon, one or more new fully registered Notes 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 Note called for redemption where such redemption is scheduled to occur within
forty-five (45) calendar days of the transfer or exchange date; provided, however, such limitation
shall not be applicable to an exchange by the registered owner of the uncalled principal balance
of a Note.
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Ordinance No. 2010-02 (File ID 2010-56)
The Town, the Paying Agent/Registrar, and any other person may treat the person in
whose name this Note 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 Note is registered
on the “Record Date” or “Special Record Date,” as applicable) and for all other purposes,
whether or not this Note be overdue, and neither the Town, nor the Paying Agent/Registrar nor
any other person shall be affected by notice to the contrary.
IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Note and the
series of which it is a part is duly authorized by law; that all acts, conditions and things required
to be done precedent to and in the issuance of the Notes have been properly done and performed
and have happened in regular and due time, form and manner, as required by law; and that the
total indebtedness of the Town, including the Notes, does not exceed any constitutional or
statutory limitation.
IN WITNESS WHEREOF, this Note has been duly executed on behalf of the Town,
under its official seal, in accordance with law.
____________________________________ ____________________________________
Town Secretary, Town of Trophy Club, Texas Mayor, Town of Trophy Club, Texas
(b) [Form of Certificate of Paying Agent/Registrar]
CERTIFICATE OF PAYING AGENT/REGISTRAR
This is one of the Notes referred to in the within mentioned Ordinance. The series of
Notes of which this Note is a part was originally issued as one Initial Note which was approved
by the Attorney General of the State of Texas and registered by the Comptroller of Public
Accounts of the State of Texas.
TIB-THE INDEPENDENT BANKERSBANK
as Paying Agent/Registrar
Dated: __________________ By: _______________________________
Authorized Signatory
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Ordinance No. 2010-02 (File ID 2010-56)
(c) 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 Note and all
rights hereunder and hereby irrevocably constitutes and appoints ____________________
attorney to transfer the within Note on the books kept for registration hereof, with full power of
substitution in the premises.
Dated: ____________________________
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 Note in every particular and must be
guaranteed in a manner acceptable to the
Paying Agent/Registrar.
(d) Initial Note Insertions.
(i) The Initial Note shall be in the form set forth in paragraph (a) of this
Section, except that:
(ii) immediately under the name of the Note, the headings “INTEREST
RATE” and “MATURITY DATE” shall both be completed with the words “As Shown
Below” and “CUSIP NO. ____” deleted;
(iii) in the first paragraph:
the words “on the Maturity Date specified above” shall be deleted and the
following will be inserted: “on February 15 in the years, in the principal
installments and bearing interest at the per annum rates set forth in the following
schedule:
Years Principal Installments Interest Rates
(Information to be inserted from schedule in Section 3.02(b) of this Ordinance)
(iv) the Initial Note shall be numbered T-1.
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Ordinance No. 2010-02 (File ID 2010-56)
(e) The following Registration Certificate of Comptroller of Public Accounts shall
appear on the Initial Note:
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER §
OF PUBLIC ACCOUNTS § REGISTER NO. ___________
§
THE STATE OF TEXAS §
I HEREBY CERTIFY THAT there is on file and of record in my office a certificate to
the effect that the Attorney General of the State of Texas has approved this Note, and that this
Note has been registered this day by me.
WITNESS MY SIGNATURE AND SEAL OF OFFICE this ____________________.
____________________________________
Comptroller of Public Accounts of the
State of Texas
[SEAL]
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 Notes. It is expressly provided, however, that the
presence or absence of CUSIP numbers on the Notes shall be of no significance or effect as
regards the legality thereof and neither the Town nor the attorneys approving said Notes as to
legality are to be held responsible for CUSIP numbers incorrectly printed on the Notes.
Section 6.04. Legal Opinion.
The approving legal opinion of Vinson & Elkins L.L.P., Note Counsel, may be printed on
each Note over the certification of the Town Secretary of the Town, which may be executed in
facsimile.
Section 6.05. Municipal Bond Insurance.
If municipal bond guaranty insurance is obtained with respect to the Notes, the Notes,
including the Initial Note, may bear an appropriate legend, as provided by the insurer. To the
extent permitted by applicable law, the Town will comply with all notice and other applicable
requirements of the insurer in connection with the issuance of the Notes, as such requirements
may be in effect and transmitted to the Town with the insurer’s commitment to issue such
insurance.
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Ordinance No. 2010-02 (File ID 2010-56)
ARTICLE VII
SALE OF THE NOTES;
CONTROL AND DELIVERY OF THE NOTES
Section 7.01. Sale of Notes; Official Statement.
(a) The Notes are hereby officially sold and awarded to TIB-The Independent
BankersBank (the “Purchaser”) for a purchase price equal to the principal amount thereof, in
accordance with the terms of the Purchase Agreement relating to the Notes. The Purchase
Agreement, substantially in the form presented as this meeting, is hereby approved, and the
Mayor is hereby authorized and directed to execute the Purchase Agreement. It is officially
found, determined and declared that the terms of such sale are the most advantageous reasonably
obtainable by the Town. The Notes shall initially be registered in the name of the Purchaser or
its designee.
(b) All officers and officials of the Town are authorized to take such actions and to
execute such documents, certificates and receipts, and to make such elections with respect to the
tax-exempt status of the Notes, as they may deem necessary and appropriate in order to
consummate the delivery of the Notes. Further, in connection with the submission of the record
of proceedings for the Notes to the Attorney General of the State of Texas for examination and
approval of such Notes, 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 to be the lesser of (i) 1/10th of 1% of the principal amount of the Notes or
(ii) $9,500).
(c) The obligation of the Purchaser identified in subsection (a) of this Section to
accept delivery of the Notes is subject to the Purchaser being furnished with the final, approving
opinion of Vinson & Elkins L.L.P., Note Counsel for the Town, which opinion shall be dated as
of and delivered on the Closing Date.
(d) The Mayor is hereby authorized and directed to execute the engagement letter
with Vinson & Elkins L.L.P., setting forth such firm’s duties as Bond Counsel for the City, and
such engagement letter and the terms thereof in the form presented at this meeting are hereby
approved and accepted.
Section 7.02. Control and Delivery of Notes.
(a) The Mayor is hereby authorized to have control of the Initial Note 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 of Texas, and registration with, and initial exchange or transfer by, the
Paying Agent/Registrar.
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Ordinance No. 2010-02 (File ID 2010-56)
(b) After registration by the Comptroller of Public Accounts, delivery of the Notes
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
Secretary, respectively, shall be authorized to execute such documents and take such actions, and
the performance of such duties by the Mayor Pro Tem and the Assistant Town Secretary shall for
the purposes of this Ordinance have the same force and effect as if such duties were performed
by the Mayor and Town Secretary, respectively.
ARTICLE VIII
CREATION OF FUNDS AND ACCOUNTS;
DEPOSIT OF PROCEEDS; INVESTMENTS
Section 8.01. Creation of Funds.
(a) The Town hereby establishes the following special funds or accounts:
(i) The Town of Trophy Club, Texas, Tax Notes, Series 2010, Interest and
Sinking Fund; and
(ii) The Town of Trophy Club, Texas, Tax Notes, Series 2010, Project Fund.
(b) Each of said funds or accounts shall be maintained at an official depository of the
Town.
Section 8.02. Interest and Sinking Fund.
(a) The taxes levied under Section 2.01 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 of and interest on the Notes.
(b) If the amount of money in the Interest and Sinking Fund is at least equal to the
aggregate principal amount of the outstanding Notes plus the aggregate amount of interest due
and that will become due and payable on such Notes, no further deposits to that fund need be
made.
(c) Money on deposit in the Interest and Sinking Fund shall be used to pay the
principal of and interest on the Notes as such become due and payable.
Section 8.03. Project Fund.
(a) Money on deposit in the Project Fund, including investment earnings thereof,
shall be used for the purposes specified in Section 3.01 of this Ordinance.
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Ordinance No. 2010-02 (File ID 2010-56)
(b) All amounts remaining in the Project Fund after the accomplishment of the
purposes for which the Notes are hereby issued, including investment earnings of the Project
Fund, shall be deposited into the Interest and Sinking Fund.
Section 8.04. Security of Funds.
All moneys on deposit in the funds referred to in this Ordinance shall be secured in the
manner and to the fullest extent required by the laws of the State of Texas for the security of
public funds, and moneys on deposit in such funds shall be used only for the purposes permitted
by this Ordinance.
Section 8.05. Deposit of Proceeds.
(a) All amounts received on the Closing Date shall be deposited to the Project Fund,
such moneys to be dedicated and used for the purposes specified in Section 3.01.
Section 8.06. Investments.
(a) Money in the Interest and Sinking Fund and the Project Fund, at the option of the
Town, may be invested in such securities or obligations as permitted under applicable law.
(b) Any securities or obligations in which money 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 fund from which the
investment was made.
Section 8.07. Investment Income.
Interest and income derived from investment of any fund created by this Ordinance shall
be credited to such fund.
ARTICLE IX
PARTICULAR REPRESENTATIONS AND COVENANTS
Section 9.01. Payment of the Notes.
While any of the Notes 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 the interest
on and the principal of the Notes, as applicable, as will accrue or mature on each applicable
Interest Payment Date.
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 Note; the Town will
promptly pay or cause to be paid the principal of, interest on, and premium, if any, with respect
to, each Note on the dates and at the places and manner prescribed in such Note; and the Town
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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
Notes; all action on its part for the creation and issuance of the Notes has been duly and
effectively taken; and the Notes 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 Notes 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 Notes 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 Sections 9.03
through 9.10 of this Article IX; provided, however, that the Town shall not be required to
comply with any particular requirement of Sections 9.03 through 9.10 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 Notes or if the Town has received a Counsel’s Opinion to
the effect that compliance with some other requirement set forth in Sections 9.03 through 9.10 of
this Article IX will satisfy the applicable requirements of the Code, in which case compliance
with such other requirement specified in such Counsel’s Opinion shall constitute compliance
with the corresponding requirement specified in Sections 9.03 through 9.10 of 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
Notes are delivered, the proceeds of the Notes will not be used in a manner that would cause the
Notes 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
Notes including interest or other investment income derived from Note proceeds, regulate the use
of property financed, directly or indirectly, with such proceeds, and take such other and further
action as may be required so that the notes will not be “private activity bonds” within the
meaning of section 141 of the Code and the Regulations.
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 Notes 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.
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Ordinance No. 2010-02 (File ID 2010-56)
Section 9.06. Notes 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 Notes 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
Notes are delivered, the Town will reasonably expect that the proceeds of the Notes will not be
used in a manner that would cause the Notes 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 Notes including interest or other investment income
derived from Note proceeds, regulate investments of proceeds of the Notes and take such other
and further action as may be required so that the Notes will not be “arbitrage bonds” within the
meaning of section 148(a) of the Code and the Regulations.
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 Notes (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 Notes as
may be required to calculate the amount earned on the investment of the gross proceeds of the
Notes 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 Notes 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 Notes 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 Notes that might result in a reduction in the
amount required to be paid to the federal government because such arrangement results in a
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. 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 Notes are issued, an information statement concerning the Notes, all under
and in accordance with section 149(e) of the Code and the Regulations.
Town Council 51 of 127 Meeting Date: February 1, 2010
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Ordinance No. 2010-02 (File ID 2010-56)
Section 9.10. Qualified Tax-Exempt Obligations.
The Town hereby designates the Notes 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 Notes, 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 2008, including the Notes, will not exceed $30,000,000. For purposes of this
Section 9.10, 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 9.10, the Town
includes all governmental units which are aggregate with the Town under section 265(b) of the
Code.
Section 9.11. Continuing Obligation.
Notwithstanding any other provision of this Ordinance, the Town’s obligations under the
covenants and provisions of Sections 9.03 through 9.10 of this Article IX shall survive the
defeasance and discharge of the Notes.
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,” to-wit:
(i) the failure to make payment of the principal of, redemption premium, if
any, or interest on any of the Notes 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, the failure to perform which materially, 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.
Section 10.02. Remedies for Default.
(a) Upon the happening of any Event of Default, then and in every case 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
Town Council 52 of 127 Meeting Date: February 1, 2010
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Ordinance No. 2010-02 (File ID 2010-56)
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 Notes 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 Notes 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 Notes 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 Town reserves the right to defease, discharge or refund the Notes in any manner
permitted by applicable law.
ARTICLE XII
EFFECTIVE IMMEDIATELY
Section 12.01. Effectiveness.
This Ordinance shall become effective immediately upon its adoption at this meeting
pursuant to Section 1201.028, Texas Government Code.
__________________________________________
Town Council 53 of 127 Meeting Date: February 1, 2010
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Ordinance No. 2010-02 (File ID 2010-56)
APPROVED this 1st day of February 2010.
____________________________________
Mayor, Town of Trophy Club, Texas
ATTEST:
____________________________________
Town Secretary, Town of Trophy Club, Texas
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Town Attorney, Town of Trophy Club, Texas
Town Council 54 of 127 Meeting Date: February 1, 2010
PURCHASE AGREEMENT
February 1, 2010
Town of Trophy Club, Texas
100 Municipal Drive
Trophy Club, Texas 76262
Re: $560,000 Town of Trophy Club, Texas, Tax Notes, Series 2010
Dear Honorable Mayor and Town Councilmembers:
We hereby offer to purchase from the Town of Trophy Club, Texas (the “Town”) the
captioned Notes (the “Notes”) and, upon acceptance of this offer by the Town, such offer will
become a binding agreement between the undersigned and the Town. This offer must be
accepted by 10:00 p.m., Texas time, February 1, 2010, and if not so accepted will be subject to
withdrawal.
1. Purchase Price. The purchase price for the Notes shall be $560,000.
2. Terms of Notes. The Notes shall be issued in the principal amount of $560,000
and shall bear interest at such rates, mature on such dates and in such amounts,
and have such other terms and conditions as are set forth in the Ordinance (the
“Ordinance”) to be adopted by the Town Council of the Town on February 1,
2010, a copy of which has been provided to us. Pursuant to and as more fully
described in the Ordinance, the Notes shall be secured by a pledge of ad valorem
taxes to be levied on all taxable property within the Town within the limits
prescribed by law.
3. Closing. The Town shall deliver the Notes to, or for the account of, the
undersigned and the undersigned shall purchase the Notes at 10:00 a.m., Texas
time, on February 25, 2010 or at such other time as shall be mutually agreed upon
(hereinafter referred to as the “Closing”). The Closing shall take place at the
offices of Vinson & Elkins L.L.P., Dallas, Texas, or such other location as may be
mutually agreed upon.
4. Conditions to Closing. The undersigned shall have no obligation to consummate
the purchase of the Notes unless the following requirements shall have been
satisfied prior to Closing:
Town Council 55 of 127 Meeting Date: February 1, 2010
(a) The Town Council shall have adopted the Ordinance authorizing the
issuance of the Notes.
(b) Vinson & Elkins L.L.P. shall have issued its approving legal opinion as to
the due authorization, issuance and delivery of the Notes and as to the
exemption of interest thereon from federal income taxation.
(c) The Notes shall have been approved by the Attorney General of the State
of Texas and shall have been registered by the Comptroller of Public
Accounts of the State of Texas.
5. Nature of Purchase. The undersigned and the Town acknowledge that no official
statement or other disclosure or offering document has been prepared in
connection with the issuance and sale of the Notes. The undersigned represents
that it is a knowledgeable and sophisticated purchaser with experience in
purchasing municipal securities such as the Notes. The undersigned is familiar
with the financial condition and affairs of the Town, particularly with respect to
its ability to pay its tax supported obligations such as the Notes. The undersigned
has received from the Town all information that it has requested in order for it to
assess and evaluate the security and source of payment for the Notes. The
undersigned is purchasing the Notes for its own account as evidence of a loan or
on behalf of other sophisticated purchasers and has no present intention to make a
public distribution or sale of the Notes. In no event will the undersigned sell the
Notes to purchasers who are not sophisticated purchasers unless an official
statement or other disclosure document is prepared with respect to the Notes.
6. Town’s Comprehensive Annual Financial Report. While the Notes are still
outstanding, the Town as soon as available within one hundred eighty (180) days
after the end of each fiscal year of the Town, shall furnish to the undersigned a
copy of the Town’s Comprehensive Annual Financial Report (including audited
financial statements).
Town Council 56 of 127 Meeting Date: February 1, 2010
Signature Page for Purchase Agreement
This purchase agreement may be executed in one or more counterparts, all of which shall
constitute one and the same instrument and each of which shall be, and shall be deemed to be, an
original.
If this purchase agreement meets with your approval, please execute it in the place
provided below and return one fully executed copy to us.
Very truly yours,
TIB-THE INDEPENDENT BANKERS BANK
By
Title
Town Council 57 of 127 Meeting Date: February 1, 2010
Signature Page for Purchase Agreement
ACCEPTED BY TOWN OF TROPHY CLUB, TEXAS
Connie White, Mayor
Town Council 58 of 127 Meeting Date: February 1, 2010
PAYING AGENT/REGISTRAR AGREEMENT
between
TOWN OF TROPHY CLUB, TEXAS
and
TIB-THE INDEPENDENT BANKERSBANK
Pertaining to
Town of Trophy Club, Texas
Tax Notes
Series 2010
Dated as of February 1, 2010
Town Council 59 of 127 Meeting Date: February 1, 2010
TABLE OF CONTENTS
Page
ARTICLE I
APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR
Section 1.01 Appointment...........................................................................................................1
Section 1.02 Compensation.........................................................................................................1
ARTICLE II
DEFINITIONS
Section 2.01 Definitions..............................................................................................................2
ARTICLE III
PAYING AGENT
Section 3.01 Duties of Paying Agent..........................................................................................3
Section 3.02 Payment Dates........................................................................................................4
ARTICLE IV
REGISTRAR
Section 4.01 Transfer and Exchange...........................................................................................4
Section 4.02 The Obligations......................................................................................................4
Section 4.03 Form of Register.....................................................................................................4
Section 4.04 List of Owners........................................................................................................5
Section 4.05 Cancellation of Obligations....................................................................................5
Section 4.06 Mutilated, Destroyed, Lost, or Stolen Obligations.................................................5
Section 4.07 Transaction Information to Issuer..........................................................................6
ARTICLE V
THE BANK
Section 5.01 Duties of Bank........................................................................................................6
Section 5.02 Reliance on Documents, Etc ..................................................................................6
Section 5.03 Recitals of Issuer....................................................................................................7
Section 5.04 May Hold Obligations............................................................................................7
Section 5.05 Money Held by Bank .............................................................................................7
Section 5.06 Indemnification......................................................................................................8
Section 5.07 Interpleader.............................................................................................................8
(i)
Town Council 60 of 127 Meeting Date: February 1, 2010
Reference:Ordinance No. 2010-02 (File ID 2010-56)
(ii)
ARTICLE VI
MISCELLANEOUS PROVISIONS
Section 6.01 Amendment............................................................................................................8
Section 6.02 Assignment.............................................................................................................8
Section 6.03 Notices....................................................................................................................8
Section 6.04 Designated Payment/Transfer Office.....................................................................9
Section 6.05 Effect of Headings..................................................................................................9
Section 6.06 Successors and Assigns..........................................................................................9
Section 6.07 Separability.............................................................................................................9
Section 6.08 Benefits of Agreement ...........................................................................................9
Section 6.09 Entire Agreement ...................................................................................................9
Section 6.10 Counterparts...........................................................................................................9
Section 6.11 Termination............................................................................................................9
Section 6.12 Governing Law.....................................................................................................10
Annex A- Schedule of Fees for Services as Paying Agent/Registrar
Town Council 61 of 127 Meeting Date: February 1, 2010
PAYING AGENT/REGISTRAR AGREEMENT
THIS PAYING AGENT/REGISTRAR AGREEMENT (the or this “Agreement”), dated
as of February 1, 2010, is by and between THE TOWN OF TROPHY CLUB, TEXAS (the
“Issuer”), and TIB-THE INDEPENDENT BANKERSBANK, Irving, Texas (the “Bank”), a
national banking association authorized to do business in Texas.
WHEREAS, the Issuer has duly authorized and provided for the issuance of its Tax
Notes, Series 2010 (the “Obligations”), to be issued as registered securities without coupons; and
WHEREAS, the Bank intends to purchase the Obligations, and, as part of the Bank’s
agreement with the Issuer to purchase the Obligations, the Bank has agreed to serve as Paying
Agent/Registrar for the Obligations; and
WHEREAS, all things necessary to make the Obligations the valid obligations of the
Issuer, in accordance with their terms, will be taken upon the issuance and delivery thereof; and
WHEREAS, the Issuer is desirous that the Bank act as the Paying Agent of the Issuer in
paying the principal, redemption premium, if any, and interest on the Obligations, in accordance
with the terms thereof, and that the Bank act as Registrar for the Obligations; and
WHEREAS, the Issuer has duly authorized the execution and delivery of this Agreement;
and all things necessary to make this Agreement the valid agreement of the Issuer, in accordance
with its terms, have been done;
NOW, THEREFORE, it is mutually agreed as follows:
ARTICLE I
APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR
Section 1.01 Appointment. (a) The Issuer hereby appoints the Bank to act as Paying
Agent with respect to the Obligations in paying to the Owners of the Obligations the principal,
redemption premium, if any, and interest on all or any of the Obligations.
(b) The Issuer hereby appoints the Bank as Registrar with respect to the Obligations.
(c) The Bank hereby accepts its appointment, and agrees to act as, the Paying Agent
and Registrar.
Section 1.02 Compensation. (a) As compensation for the Bank’s services as Paying
Agent/Registrar, the Issuer hereby agrees so long as this agreement is in effect, to pay the Bank
the fees and amounts set forth in Annex A hereto for so long as the principal of and interest on,
or redemption price of, the Obligations, is unpaid.
(b) In addition, the Issuer agrees to reimburse the Bank upon its request for all
reasonable expenses, disbursements, and advances incurred or made by the Bank in accordance
Town Council 62 of 127 Meeting Date: February 1, 2010
with any of the provisions hereof, including the reasonable compensation and the expenses and
disbursements of its agents and counsel.
ARTICLE II
DEFINITIONS
Section 2.01 Definitions. For all purposes of this Agreement, except as otherwise
expressly provided or unless the context otherwise requires, the following terms have the
following meanings when used in this Agreement:
“Bank” means TIB-THE INDEPENDENT BANKERSBANK.
“Designated Payment/Transfer Office” means the principal corporate trust office of the
Bank located in Irving, Texas, or in such other location as designated by the Paying
Agent/Registrar. The Bank will notify the Issuer in writing of any change in location of the
Designated Payment/Transfer Office.
“Fiscal Year” means the fiscal year of the Issuer.
“Issuer” means the Town of Trophy Club, Texas.
“Issuer Request” and “Issuer Order” means a written request or order signed in the name
of the Issuer by the Mayor, the Town Secretary, or any other authorized representative of the
Issuer and delivered to the Bank.
“Legal Holiday” means a day on which the Bank is required or authorized by applicable
law to be closed.
“Obligation” or “Obligations” means, collectively, any or all of the Issuer’s Tax Notes,
Series 2010.
“Ordinance” means the resolution, order, or ordinance of the governing body of the
Issuer pursuant to which the Obligations are issued, certified by the Town Secretary or any other
officer of the Issuer, and delivered to the Bank.
“Owner” means the Person in whose name a Obligation is registered in the Register.
“Paying Agent/Registrar” means initially TIB-THE INDEPENDENT BANKERSBANK,
or any successor thereto as provided in the Ordinance when it is performing the functions
associated with the terms in this Agreement.
“Person” means any individual, corporation, partnership, joint venture, association, joint
stock company, trust, unincorporated organization, or government or any agency or political
subdivision of a government.
“Predecessor Obligations” of any particular Obligation means every previous Obligation
evidencing all or a portion of the same obligation as that evidenced by such particular Obligation
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Town Council 63 of 127 Meeting Date: February 1, 2010
(and, for the purposes of this definition, any Obligation registered and delivered under Section
4.06 in lieu of a mutilated, lost, destroyed or stolen Obligation shall be deemed to evidence the
same obligation as the mutilated, lost, destroyed or stolen Obligation).
“Record Date” means the last business day of the month next preceding an interest
payment date established by the Ordinance.
“Register” means a register in which the Issuer shall provide for the registration and
transfer of Obligations.
“Responsible Officer” when used with respect to the Bank means the Chairman or Vice
Chairman of the Board of Directors, the Chairman or Vice Chairman of the Executive
Committee of the Board of Directors, the President, any Vice President, the Secretary, any
Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier,
any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily
performing functions similar to those performed by any of the above designated officers and also
means, with respect to a particular corporate trust matter, any other officer to whom such matter
is referred because of his knowledge of and familiarity with the particular subject.
“Stated Maturity” means the date or dates specified in the Ordinance as the fixed date on
which the principal of the Obligations is due and payable or the date fixed in accordance with the
terms of the Ordinance for redemption of the Obligations, or any portion thereof, prior to the
fixed maturity date.
Section 2.02. Other Definitions. The terms “Bank” and “Issuer” have the meanings
assigned to them in the opening paragraph of this Agreement.
ARTICLE III
PAYING AGENT
Section 3.01 Duties of Paying Agent. (a) The Bank, as Paying Agent and on behalf of
the Issuer, shall pay to the Owner at the Stated Maturity and upon the surrender of the Obligation
or Obligations so maturing at the Designated Payment/Transfer Office, the principal amount of
the Obligation or Obligations then maturing, and redemption premium, if any, provided that the
Bank shall have been provided by or on behalf of the Issuer adequate funds to make such
payment.
(b) The Bank, as Paying Agent and on behalf of the Issuer, shall pay interest when
due on the Obligations to each Owner of the Obligations (or their Predecessor Obligations) as
shown in the Register at the close of business on the Record Date, provided that the Bank shall
have been provided by or on behalf of the Issuer adequate funds to make such payments; such
payments shall be made by computing the amount of interest to be paid each Owner, preparing
the checks, and mailing the checks on each payment date addressed to the addresses thereof as
appearing on the Register on the Record Date.
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Town Council 64 of 127 Meeting Date: February 1, 2010
Section 3.02 Payment Dates. The Issuer hereby instructs the Bank to pay the principal
of, redemption premium, if any, and interest on the Obligations on the dates specified in the
Ordinance.
ARTICLE IV
REGISTRAR
Section 4.01 Transfer and Exchange. (a) The Issuer shall keep the Register at the
Designated Payment/Transfer Office, and subject to such reasonable written regulations as the
Issuer may prescribe, which regulations shall be furnished to the Bank herewith or subsequent
hereto by Issuer Order, the Issuer shall provide for the registration and transfer of the
Obligations. The Bank is hereby appointed “Registrar” for the purpose of registering and
transferring the Obligations as herein provided.
(b) The Bank as Registrar hereby agrees that at any time while any Obligation is
outstanding, the Owner may deliver such Obligation to the Bank for transfer or exchange,
accompanied by instructions from the Owner, or the duly authorized designee of the Owner,
designating the persons, the maturities, and the principal amounts to and in which such
Obligation is to be transferred and the addresses of such persons; the Bank shall thereupon,
within not more than three (3) business days, register and deliver such Obligation or Obligations
as provided in such instructions. The provisions of the Ordinance shall control the procedures
for transfer or exchange set forth herein to the extent such procedures are in conflict with the
provisions of the Ordinance.
(c) Every Obligation surrendered for transfer or exchange shall be duly endorsed or
be accompanied by a written instrument of transfer, the signature on which has been guaranteed
in a manner satisfactory to the Bank, duly executed by the Owner thereof or his attorney duly
authorized in writing.
(d) The Bank may request any supporting documentation it feels necessary to effect a
re-registration.
Section 4.02 The Obligations. The Issuer shall provide an adequate inventory of
unregistered Obligations to facilitate transfers. The Bank covenants that it will maintain the
unregistered Obligations in safekeeping and will use reasonable care in maintaining such
unregistered Obligations in safekeeping, which shall be not less than the care it maintains for
debt securities of other governments or corporations for which it serves as registrar, or which it
maintains for its own securities.
Section 4.03 Form of Register. (a) The Bank as Registrar will maintain the records of
the Register in accordance with the Bank’s general practices and procedures in effect from time
to time. The Bank shall not be obligated to maintain such Register in any form other than a form
which the Bank has currently available and utilizes at the time.
(b) The Register may be maintained in written form or in any other form capable of
being converted into written form within a reasonable time.
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Town Council 65 of 127 Meeting Date: February 1, 2010
Section 4.04 List of Owners. (a) The Bank will provide the Issuer at any time
requested by the Issuer, upon payment of the cost, if any, of reproduction, a copy of the
information contained in the Register. The Issuer may also inspect the information in the
Register at any time the Bank is customarily open for business, provided that reasonable time is
allowed the Bank to provide an up-to-date listing or to convert the information into written form.
(b) Unless otherwise required by law, the Bank will not release or disclose the
content of the Register to any person other than to, or at the written request of, an authorized
officer or employee of the Issuer, except upon receipt of a subpoena or court order as otherwise
required by law. Upon receipt of a subpoena or court order, the Bank will notify the Issuer so
that the Issuer may contest the subpoena or court order.
(c) At all times, while the Bank is Registrar, the Bank shall maintain and have
available a copy of the Register at an office in the State of Texas.
Section 4.05 Cancellation of Obligations. All Obligations surrendered for payment,
redemption, transfer, exchange, or replacement, if surrendered to the Bank, shall be promptly
cancelled by it; if surrendered to the Issuer, shall be delivered to the Bank and, if not already
cancelled, shall be promptly cancelled by the Bank. The Issuer may at any time deliver to the
Bank for cancellation any Obligations previously certified or registered and delivered which the
Issuer may have acquired in any manner whatsoever, and all Obligations so delivered shall be
promptly cancelled by the Bank. All cancelled Obligations held by the Bank shall be disposed of
in accordance with the Securities Exchange Act of 1934.
Section 4.06 Mutilated, Destroyed, Lost, or Stolen Obligations. (a) Subject to the
provisions of this Section 4.06, the Issuer hereby instructs the Bank to deliver fully registered
Obligations in exchange for or in lieu of mutilated, destroyed, lost, or stolen Obligations as long
as the same does not result in an overissuance.
(b) If (i) any mutilated Obligation is surrendered to the Bank, or the Issuer and the
Bank receives evidence to their satisfaction of the destruction, loss, or theft of any Obligation,
and (ii) there is delivered to the Issuer and the Bank such security or indemnity as may be
required by the Bank to save and hold each of them harmless, then in the absence of notice to the
Issuer or the Bank that such Obligation has been acquired by a bona fide purchaser, the Issuer
shall execute, and upon its request the Bank shall register and deliver, in exchange for or in lieu
of any such mutilated, destroyed, lost, or stolen Obligation, a new Obligation of the same stated
maturity and of like tenor and principal amount bearing a number not contemporaneously
outstanding.
(c) Every new Obligation issued pursuant to this Section in lieu of any mutilated,
destroyed, lost, or stolen Obligation shall constitute a replacement of the prior obligation of the
Issuer, whether or not the mutilated, destroyed, lost, or stolen Obligation shall be at any time
enforceable by anyone, and shall be entitled to all the benefits of the Ordinance equally and
ratably with all other outstanding Obligations.
(d) Upon the satisfaction of the Bank and the Issuer that an Obligation has been
mutilated, destroyed, lost, or stolen, and upon receipt by the Bank and the Issuer of such
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Town Council 66 of 127 Meeting Date: February 1, 2010
indemnity or security as they may require, the Bank shall cancel the Obligation number on the
Obligation registered with a notation in the Register that said Obligation has been mutilated,
destroyed, lost, or stolen; and a new Obligation shall be issued of the same series and of like
tenor and principal amount bearing a number, according to the Register, not contemporaneously
outstanding.
(e) The Bank may charge the Owner the Bank’s fees and expenses in connection with
issuing a new Obligation in lieu of or exchange for a mutilated, destroyed, lost, or stolen
Obligation.
(f) The Issuer hereby accepts the Bank’s current blanket bond for lost, stolen, or
destroyed Obligations and any future substitute blanket bond for lost, stolen, or destroyed
Obligations that the Bank may arrange, and agrees that the coverage under any such blanket
bond is acceptable to it and meets the Issuer’s requirements as to security or indemnity. The
Bank need not notify the Issuer of any changes in the security or other company giving such
bond or the terms of any such bond, provided that the amount of such bond is not reduced below
the amount of the bond on the date of execution of this Agreement. The blanket bond then
utilized by the Bank for lost, stolen, or destroyed Obligations by the Bank is available for
inspection by the Issuer on request.
Section 4.07 Transaction Information to Issuer. The Bank will, within a reasonable
time after receipt of written request from the Issuer, furnish the Issuer information as to the
Obligations it has paid pursuant to 3.01; Obligations it has delivered upon the transfer or
exchange of any Obligations pursuant to Section 4.01; and Obligations it has delivered in
exchange for or in lieu of mutilated, destroyed, lost, or stolen Obligations pursuant to Section
4.06 of this Agreement.
ARTICLE V
THE BANK
Section 5.01 Duties of Bank. The Bank undertakes to perform the duties set forth
herein and in accordance with the Ordinance and agrees to use reasonable care in the
performance thereof. The Bank hereby agrees to use the funds deposited with it for payment of
the principal of, redemption premium, if any, and interest on the Obligations to pay the
Obligations as the same shall become due and further agrees to establish and maintain all
accounts and funds as may be required for the Bank to function as Paying Agent.
Section 5.02 Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to
the truth of the statements and correctness of the opinions expressed therein, on certificates or
opinions furnished to the Bank.
(b) The Bank shall not be liable for any error of judgment made in good faith by a
Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the
pertinent facts.
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Town Council 67 of 127 Meeting Date: February 1, 2010
(c) No provisions of this Agreement shall require the Bank to expend or risk its own
funds or otherwise incur any financial liability for performance of any of its duties hereunder, or
in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that
repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is
not assured to it.
(d) The Bank may rely and shall be protected in acting or refraining from acting upon
any resolution, certificate, statement, instrument, opinion, report, notice, request, direction,
consent, order, certificate, note, security, or other paper or document believed by it to be genuine
and to have been signed or presented by the proper party or parties. Without limiting the
generality of the foregoing statement, the Bank need not examine the ownership of any
Obligations, but is protected in acting upon receipt of Obligations containing an endorsement or
instruction of transfer or power of transfer which appears on its face to be signed by the Owner
or an attorney-in-fact of the Owner. The Bank shall not be bound to make any investigation into
the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report,
notice, request, direction, consent, order, certificate, note, security, or other paper or document
supplied by Issuer.
(e) The Bank may consult with counsel, and the written advice of such counsel or any
opinion of counsel shall be full and complete authorization and protection with respect to any
action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon.
(f) The Bank may exercise any of the powers hereunder and perform any duties
hereunder either directly or by or through agents or attorneys and the Bank.
Section 5.03 Recitals of Issuer. (a) The recitals contained herein and in the Obligations
shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their
correctness.
(b) The Bank shall in no event be liable to the Issuer, any Owner, or any other Person
for any amount due on any Obligation except as otherwise expressly provided herein with
respect to the liability of the Bank for its duties under this Agreement.
Section 5.04 May Hold Obligations. The Bank, in its individual or any other capacity,
may become the Owner or pledgee of Obligations and may otherwise deal with the Issuer with
the same rights it would have if it were not the Paying Agent/Registrar, or any other agent.
Section 5.05 Money Held by Bank. (a) Money held by the Bank hereunder need not be
segregated from any other funds provided appropriate accounts are maintained.
(b) The Bank shall be under no liability for interest on any money received by it
hereunder.
(c) Subject to the provisions of Title 6, Texas Property Code, any money deposited
with the Bank for the payment of the principal, redemption premium, if any, or interest on any
Obligation and remaining unclaimed for three years after final maturity of the Obligation has
become due and payable will be paid by the Bank to the Issuer, and the Owner of such
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Town Council 68 of 127 Meeting Date: February 1, 2010
Obligation shall thereafter look only to the Issuer for the payment thereof, and all liability of the
Bank with respect to such monies shall thereupon cease.
(d) The Bank will comply with the reporting requirements of Chapter 74 of the Texas
Property Code.
(e) When the Bank is not the Owner of all the Obligations outstanding, the Bank shall
deposit any moneys received from the Issuer into a trust account to be held in a paying agency
capacity for the payment of the Obligations, with such moneys in the account that exceed the
deposit insurance available to the Issuer provided by the Federal Deposit Insurance Corporation
to be fully collateralized with securities or obligations that are eligible under the laws of the State
of Texas and to the extent practicable under the laws of the United States of America to secure
and be pledged as collateral for trust accounts until the principal and interest on the Obligations
have been presented for payment and paid to the owner thereof. Payments made from such trust
account shall be made by check drawn on such trust account unless the owner of such Securities
shall, at its own expense and risk, request such other medium of payment.
Section 5.06 Indemnification. To the extent permitted by law, the Issuer agrees to
indemnify the Bank, its officers, directors, employees, and agents for, and hold them harmless
against, any loss, liability, or expense incurred without negligence or bad faith on their part
arising out of or in connection with its acceptance or administration of the Bank’s duties
hereunder, and under Article V of the Ordinance, including the cost and expense (including its
counsel fees) of defending itself against any claim or liability in connection with the exercise or
performance of any of its powers or duties under this Agreement.
Section 5.07 Interpleader. The Issuer and the Bank agree that the Bank may seek
adjudication of any adverse claim, demands or controversy over its persons as well as funds on
deposit in the appropriate state or federal court in the State of Texas; waive personal service of
any process; and agree that service of process by certified or registered mail, return receipt
requested, to the address set forth in this Agreement shall constitute adequate service. The Issuer
and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of
competent jurisdiction in the State of Texas to determine the rights of any person claiming any
interest herein.
ARTICLE VI
MISCELLANEOUS PROVISIONS
Section 6.01 Amendment. This Agreement may be amended only by an agreement in
writing signed by both of the parties hereof.
Section 6.02 Assignment. This Agreement may not be assigned by either party without
the prior written consent of the other.
Section 6.03 Notices. Any request, demand, authorization, direction, notice, consent,
waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or
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Town Council 69 of 127 Meeting Date: February 1, 2010
the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses
shown below:
(a) if to the Issuer: Town of Trophy Club, Texas
100 Municipal Drive
Trophy Club, Texas 76262
Attention: Mayor
(b) if to the Bank: TIB-The Independent BankersBank
350 Phelps Drive
Irving, Texas 75038
Section 6.04 Designated Payment/Transfer Office. The Designated Payment/Transfer
Office shall be the office of the Bank as set forth in Section 6.03.
Section 6.05 Effect of Headings. The Article and Section headings herein are for
convenience only and shall not affect the construction hereof.
Section 6.06 Successors and Assigns. All covenants and agreements herein by the
Issuer shall bind its successors and assigns, whether so expressed or not.
Section 6.07 Separability. If any provision herein shall be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby.
Section 6.08 Benefits of Agreement. Nothing herein, express or implied, shall give to
any Person, other than the parties hereto and their successors hereunder, any benefit or any legal
or equitable right, remedy, or claim hereunder.
Section 6.09 Entire Agreement. This Agreement and the Ordinance constitute the
entire agreement between the parties hereto relative to the Bank acting as Paying
Agent/Registrar, and if any conflict exists between this Agreement and the Ordinance, the
Ordinance shall govern.
Section 6.10 Counterparts. This Agreement may be executed in any number of
counterparts, each which shall be deemed an original and all of which shall constitute one and
the same Agreement.
Section 6.11 Termination. (a) This Agreement will terminate on the date of final
payment by the Bank issuing its checks for the final payment of principal, redemption premium,
if any, and interest of the Obligations.
(b) The Issuer may not terminate the Bank as Paying Agent/Registrar so long as the
bank is the sole holder of the Obligations.
(c) If the Bank is not the sole holder of the Obligations, this Agreement may be
earlier terminated upon sixty (60) days written notice by either party; provided, that, no
termination shall be effective until a successor has been appointed by the Issuer and has accepted
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Town Council 70 of 127 Meeting Date: February 1, 2010
Reference:Ordinance No. 2010-02 (File ID 2010-56)
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the duties imposed by this Agreement. The resigning Paying Agent/Registrar may petition any
court of competent jurisdiction for the appointment of a successor Paying Agent/Registrar if an
instrument of acceptance by a successor Paying Agent/Registrar has not been delivered to the
resigning Paying Agent/Registrar within sixty (60) days after giving notice of resignation.
(d) The provisions of Section 1.02 and of Article Five shall survive and remain in full
force and effect following the termination of this Agreement.
Section 6.12 Governing Law. This Agreement shall be construed in accordance with
and governed by the laws of the State of Texas.
[Execution Pages Follow]
Town Council 71 of 127 Meeting Date: February 1, 2010
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
TOWN OF TROPHY CLUB, TEXAS
By: _________________________________
Mayor
ATTEST:
____________________________________
Town Secretary
Paying Agent/Registrar Agreement
Town Council 72 of 127 Meeting Date: February 1, 2010
TIB-THE INDEPENDENT BANKERSBANK,
as Paying Agent/Registrar
By: ______________________________________
Title: _____________________________________
Paying Agent/Registrar Agreement
Town Council 73 of 127 Meeting Date: February 1, 2010
ANNEX “A”
SCHEDULE OF FEES FOR SERVICE AS PAYING AGENT/REGISTRAR
Town Council 74 of 127 Meeting Date: February 1, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-506-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/13/2009 Town Council
On agenda:Final action:2/1/2010
Title:Consider and take appropriate action 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 V. Neighborhood Regulations, Subsection "J" Village Center,
Item 1. Permitted Uses, and to discuss and consider adding Restaurant Design Guidelines to PD-27.
Applicant: Centurion Acquisitions, L.P. (PD AMD-09-030)
Attachments:Staff Report.pdf
Restaurant Design Guidelines - Village Center.pdf
PD-27 Village Center Permitted Uses and Regulations.pdf
Site Plan Requirements.pdf
Landscape Requirements.pdf
Ordinance 2010-01 PZ.pdf
Action ByDate Action ResultVer.
Town Council1/4/2010 1
Planning & Zoning Commission12/3/2009 1
Planning & Zoning Commission11/19/2009 1
Town Council 75 of 127 Meeting Date: February 1, 2010
109-506-T Version:File #:
Title
Consider and take appropriate action 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
V. Neighborhood Regulations, Subsection "J" Village Center, Item 1. Permitted Uses, and to discuss and consider adding
Restaurant Design Guidelines to PD-27. Applicant: Centurion Acquisitions, L.P. (PD AMD-09-030)
Town Council 76 of 127 Meeting Date: February 1, 2010
TOWN COUNCIL
February 1, 2010
SUBJECT: Discussion and Consideration of 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 V.
Neighborhood Regulations, Subsection "J" Village Center,
Item 1. Permitted Uses, and to discuss and consider adding
Restaurant Design Guidelines to PD-27. Applicant: Centurion
Acquisitions, L.P. (PD AMD-09-030)
At Council request and for Council consideration standards are proposed in the
attached “Restaurant Design Guidelines – Village Center” for any restaurants that might
be brought forward for development in Village Center. If Council wishes to adopt these
guidelines, staff proposes adding the guidelines to the PD-27 Village Center standards.
These standards are in addition to the Architectural and Site Design Standards required
in PD-27, as well as the Town of Trophy Club design requirements.
PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning
Commission heard this request on Thursday, December 3, 2009. The Planning and
Zoning Commission concluded with a motion to recommend approval to the Town
Council of the applicant’s request by striking the words “without drive ins” from item “r.
Restaurants without drive ins” of the planned uses for Village Center in PD-27. The
motion passed 6-1.
Ayes: Hill, Reed, Ashby, Davidson, Forest, Stephens
Nays: Sheridan
Action: 6-1, Approved
ADJACENT ZONING LAND USES TO VILLAGE CENTER:
North: Byron Nelson High School and residential (Highlands Neighborhood 1)
South/West: Future site of Northwest Park
East: Parkview Drive (to the east of the smaller tract) and
approximately 7 acres owned by a church (to the east of the larger tract)
West: Medlin Middle School (to the west of the smaller tract) and
Northwest Park (to the west of the larger tract)
Town Council 77 of 127 Meeting Date: February 1, 2010
Tract 1 – 2.5318 acres at the southwest corner of Parkview Drive and Bobcat Blvd.
Tract 2 – 4.516 acres located along Bobcat Blvd. between Northwest Park and
church property.
Northwest Park – 12.90 acres located at the southeast corner of Parkview Drive and
Bobcat Blvd.
Church of Latter-Day Saints – 7.0441 acres located at the southwest corner of
Bobcat Blvd. and Trophy Club Drive.
Access to Tract 1 is available through Bobcat Blvd. or Parkview Drive. A center median
divides Bobcat Blvd. along the frontage of this tract. There is no center median dividing
Parkview Drive.
Access to Tract 2 is along Bobcat Blvd. This stretch of Bobcat Blvd. does not have
center medians. The eastern portion of this tract contains a covered drainage culvert.
Although buildings cannot be erected over the drainage culvert, pavement for parking
over the drainage culvert would be allowed. Access to this tract may also be available
in the future through shared access with Northwest Park or the church property on the
remaining portion of Tract 2.
A traffic impact analysis (TIA) was completed in 2007 to study the effects of the ultimate
build-out of the Highlands development, including retail and municipal uses in Village
Center. The TIA called for the existing two-lane portions of Trophy Club Drive to be
improved to four lanes. In addition, a “future high school road” was projected to be
Town Council 78 of 127 Meeting Date: February 1, 2010
constructed. Both of these projects have been completed and provide improved access
to the Village Center area of the Highlands.
(ch)
Attachments:
1) Restaurant Design Guidelines – Village Center
2) PD-27 Village Center Permitted Uses and Regulations
3) Town of Trophy Club Site Plan Requirements
4) Town of Trophy Club Landscape Requirements
5) Ordinance 2010-XX P&Z
Town Council 79 of 127 Meeting Date: February 1, 2010
RESTAURANT DESIGN GUIDELINES – VILLAGE CENTER
PURPOSE
The Highlands at Trophy Club has many desirable aesthetic qualities and
neighborhoods with unique character. These attributes are closely guarded and
nurtured to protect the community and ensure design excellence. The
Restaurant Design Guidelines – Village Center is intended to be responsive to
developers while promoting good design. These guidelines are applicable to all
restaurant types as they are structured to respond to the varying conditions and
constraints inherent to individual sites within Village Center.
DESIGN GUIDELINES
These guidelines are intended to address exterior elements of restaurant design
to help promote cohesive design and enable comprehensive review of all new
buildings. All proposals should be in accordance with the zoning ordinance and
PD-27 architectural and site design standards, as well as adhere to the
requirements stated in this guideline in the following five areas: Site Design,
Architecture, Landscape Design, Lighting, and Signage/Corporate
Identification.
Site Design
The components of a restaurant to be considered in site design include, but are
not limited to:
Primary structure, entry and associated outdoor waiting area
Outdoor dining
Service, utility infrastructure, refuse and storage area
Pedestrian and vehicular circulation systems, and parking
Drive through windows and associated equipment and stacking lanes
Primary Structure, Entry and Associated Outdoor Waiting Area: All development
proposals should show evidence of coordination with the site plan requirements
as shown in the Town of Trophy Club Zoning Ordinance, Chapter 13, Article V,
Supplementary District Regulations and the Architectural and Site Design
Standards required in PD-27, Village Center. Development proposals should
show evidence of coordination with contextual influences of neighboring
properties in regard to building setbacks, orientation, and relationship of
structures to each other and to the street. The layout of the site should respect
and build upon the arrangement of buildings, open spaces and landscape
elements of adjacent sites.
Where a common setback from the street is evident, new buildings should
respect the established setback. Variation is allowed if the resulting
arrangement of buildings defines a useful public space such as a plaza or
open space.
Building entries should be convenient to parking, but also seek and develop
shared vehicular access points with adjoining sites where feasible, and seek
and develop pedestrian linkages between adjacent properties.
Town Council 80 of 127 Meeting Date: February 1, 2010
Outdoor Dining: Outdoor dining areas are encouraged in Tract 2, oriented
toward Northwest Park. Outdoor dining areas should be located away from
neighboring residential areas and other sensitive uses.
Service, Utility Infrastructure, and Refuse Area:
The clustering of service and refuse areas is encouraged where adjacency of
similar uses would allow such areas.
Service areas and refuse enclosures should be screened from public view
and screened from adjacent sites.
Identify the location of utility infrastructure facilities early in the design
process. When possible, locate utility cabinets, switching cabinets,
transformers, cable boxes, communications infrastructure, backflow
preventors, irrigation control boxes and other similar above ground utilities in
locations that do not conflict with featured views, outdoor dining areas and
circulation patterns. Utility cabinets should not be located within parking lot
landscape islands or in highly visible locations within the right-of-way. Utilities
should be screened to the extent allowable by operation requirements.
Pedestrian and Vehicular Circulation Systems, and Parking: Site design shall
accommodate a logical and safe vehicular and pedestrian circulation pattern that
minimizes conflicts. Links for pedestrians should be direct and avoid circuitous
routes that are not easily understood.
Drive Through Windows and Associated Equipment and Stacking Lanes:
Drive-through windows, menu boards and associated stacking lanes should
be carefully located to minimize the impacts on neighboring residential areas
and should be adequately screened from the street, from public view, and
from the view of adjacent sites.
Drive-through elements should be architecturally integrated into the building,
rather than appearing to be applied or “stuck on” to the building.
Drive-through window circulation shall provide a minimum stacking distance
of 100 feet to provide adequate length of stacking that does not interfere with
the movement of traffic or pedestrians on or off-site.
A facility with a separate ordering point and pick-up window shall provide
stacking space for at least three (3) vehicles in advance of each ordering
point and stacking space for at least two (2) vehicles between each ordering
point and pick-up window.
Entrances to drive-up lanes shall be at least 50 feet from driveways entering a
public street.
The minimum width of each drive-through lane shall be 12 feet. The entrance
to the lane and the direction of traffic flow shall be clearly designated by
signs, or pavement marking, or raised curbs.
When residential adjacency exists, drive-through windows are not permitted.
Town Council 81 of 127 Meeting Date: February 1, 2010
Architecture
Each building will be evaluated with regard to the guidelines below to achieve a
final building of good proportion and scale.
Buildings that derive their image predominantly from applied treatments that
express corporate identity are discouraged. A building should conform to the
Village Center Architectural and Site Design Standards first.
Awnings may be used on street level windows and doors and should be
functional and provide maximum shade to the window area. Awnings are to
be made of predominately natural or natural-appearing fabric or canopies.
Awnings should not be internally lit. The bottom of an awning must be placed
below the top of the window, but above the door.
If a tract is divided into pad sites that will support more than one restaurant,
the restaurants should share similar design characteristics and design
vocabulary. Precise replication is not necessary or desirable, but
consideration should be given to similar color, material, and texture found
within the architecture of the buildings.
Shading for outdoor dining should be architecturally integrated with the main
structure.
Landscape Design
The landscape design of the site should contribute to the overall appearance and
function of the site and streetscape.
Landscape should blend with the dominant existing or planned streetscape
and character of the area.
Landscaping should be provided at the base of buildings to anchor them to
the surrounding environment and soften the structure. In-ground landscaping
should comprise the majority of the landscaping requirement and be
maximized to provide shade and to reduce heat build-up and glare. Raised
planters are acceptable when designed to accentuate the architecture and/or
create pedestrian seating areas.
Landscaping should be placed to maximize screening from neighboring
residential areas.
Dense landscaping and architectural treatments should be used in
combination to screen unattractive views and features such as storage areas,
trash enclosures, utility cabinets, and other similar elements.
The use of mature trees is encouraged to provide an immediate impact
especially when used in buffering adjacent uses.
Proper maintenance and timely replacement of plant material is expected and
required by ordinance.
Lighting
Site lighting and architectural lighting of restaurants should provide the user with
illumination levels appropriate for the designed activity (i.e., parking, walking,
outdoor dining). Illumination levels should also be reasonably uniform throughout
the site and absent of glare.
Town Council 82 of 127 Meeting Date: February 1, 2010
A lighting design and plan is required. The lighting plan must include, but is
not limited to: type of lighting equipment, lamp source and wattage, fixture
locations, mounting height, shielding, mounting details, photometric data
including point-by-point horizontal illuminance at ground level and uniformity
ration, etc. (per consultant). All illumination of the site, including architectural
lighting, should be taken into account in the lighting plan.
Avoid competing light levels and maintain balanced light levels on-site and
between adjacent properties. The exterior lighting design must take into
account the background lighting levels, lighting from other sources, and
characteristics of the surrounding area.
Signage/Corporate Identification
Restaurant signage plans should reflect a balance between providing adequate
signage for business identification while protecting the visual aesthetics of
Trophy Club’s streetscapes.
Treatments used to achieve business identity such as awnings, paint, or
signage should be used judiciously and should not be the dominant
architectural feature.
All signage should be architecturally integrated with their surroundings in
terms of size, shape, color, texture, and lighting so as to not visually compete
with the architectural of the building and site. Signs should be integrated
such that they become a natural part of the building façade.
When multiple restaurants share one site, signs should be integrated as one
unit to create shared identity for the property to the extent permitted by the
ordinance or be located and/or designed as a package.
Building design should anticipate signage, providing logical sign areas and
allowing flexibility for new users (if applicable).
Repetitious signage information on the same building façade should be
avoided.
Signs composed of individual letters are encouraged. Back lit or indirectly lit
individual letters are generally desirable. Visible raceways and transformers
for individual letters are discouraged.
Town Council 83 of 127 Meeting Date: February 1, 2010
J. Village Center:
1. Permitted Uses:
a. Bakery
b. Bank
c. Barber or beauty salon
d. Bookstores
e. Cafes with or without patio
f. Community Facilities to include libraries
g. Day Care
h. Day spa (hair salon, facial treatment, massages)
i. Dry cleaning and laundry (pickup/drop-off only)
j. Financial institutions
k. Florist (no outdoor storage)
l. Furniture sales (no outside sales or display)
m. Kindergarten
n. Municipal facilities to include Fire, Police, and EMS
o. Pet services including veterinarian (without outdoor kennels)
p. Professional and administrative offices
q. Religious Institutions
r. Restaurants without drive-ins
s. Schools, Private or Public
t. Specialty Shops
2. Architectural and Site Design Standards:
These design standards shall apply to all Permitted Uses except Day
Care, Kindergarten, Schools (Private or Public), and Religious
Institutions. These uses shall meet the Town of Trophy Club design
requirements.
Town Council 84 of 127 Meeting Date: February 1, 2010
a. Building Walls and Roofs
1) An expression line shall delineate divisions between floors
of all buildings, and a cornice shall delineate the tops of
facades that do not utilize a pitched roof.
2) All buildings shall be designed such that no mechanical
equipment (HVAC, etc.) and satellite dishes are visible
from the public right-of-way or open space, whether the
equipment is located on the ground, exterior walls or the
roof. To screen rooftop mechanical equipment, other
appurtenances, and flat or built-up roofs, all structures
having a 6,000 square feet or less footprint shall be
constructed with a pitched roof. Those structures having a
footprint greater than 6,000 square feet shall be
constructed with either a pitched or parapet roof system
enclosed on all sides.
3) Mansard roofs and flat membrane-type roofs that are
visible from ground level are prohibited.
4) For retail storefronts, a transom, display window area and
bulkhead at the base shall be utilized.
5) Ground floor retail building plate heights should provide for
at least fourteen feet (14’) in height.
6) Generally, windows shall be oriented vertically.
Town Council 85 of 127 Meeting Date: February 1, 2010
7) Columns and piers generally shall be spaced no farther
apart than they are tall.
8) Transparency:
i. Each floor of any building façade facing a park,
plaza or street shall contain transparent windows
covering from fifteen percent (15%) to seventy-five
percent (75%) of the façade area.
ii. In order to provide clear views of merchandise and
to provide natural surveillance of exterior street
spaces, the ground-floor along the retail storefront
facade shall have transparent storefront windows
covering no less than fifty percent (50%) of the
façade area.
iii. Entryways recessed at least four feet (4’).
b. Permitted Finishes:
1) At least eighty percent (80%) of the exterior of all new
buildings (excluding doors and windows) shall be finished
in one or more of the following materials:
i. Brick, stone, cast stone, or stucco.
ii. Split face concrete block, poured-in-place concrete,
and tilt-wall concrete. It is the intent that any use of
concrete products shall have an integrated color
and be textured or patterned. Tilt-wall concrete
structures shall include reveals, punch-outs, or
other similar surface characteristics to enhance the
façade on at least twenty percent (20%) of each
façade.
iii. Side facades and rear facades shall be of finished
quality and of the same color and materials that
blend with the front of the building. Rear facades
may be painted tilt-wall or painted block matching
the same color of the rest of the building if the rear
façade faces an alley or is not viewable from a
public street or right-of-way.
Town Council 86 of 127 Meeting Date: February 1, 2010
2) To improve the pedestrian orientation, the ground floor of
commercial/retail buildings shall utilize a combination of
the following, unless otherwise approved by the Town:
i. Corbelling, molding, string coursing, ornamentation,
changes in material and color, or other sculpturing
of the base;
ii. Recessed windows or other techniques to
distinguish the windows in the façade such as
arches, pediments and mullions; and
iii. Entryways recessed at least four feet (4’).
3) The utilization of repetitive storefronts for “architectural”
consistency is discouraged in order to maintain an
interesting street experience; although the utilization of
common architectural elements shall be considered to
facilitate a certain level of functional continuity.
c. Building Orientation and Pedestrian Site Design:
1) Any building (excluding parking garages and other
accessory buildings) viewed from a public right-of-way or
public open space shall either face such right-of-way or
open space, or shall have a façade facing such area in
keeping with the character of the front façade, including
the utilization of similar fenestration and materials.
2) Pedestrian Elements
To improve the walkability and access of commercial and
retail areas, the following are encouraged in the site design
of a project:
i. Patio/café seating areas
ii. Bicycle racks
iii. Continuous walkways linking stores
vi. Shade provided by building orientation, canopies
and/or trees
vii. Decorative Trash receptacles
Town Council 87 of 127 Meeting Date: February 1, 2010
3) Parking Lot and Building Frontage Landscaping and
Design
i. A minimum of fifteen (15) square feet of
landscaping including tree islands for each parking
space shall be provided within the paved
boundaries of the parking lot, with the landscaped
areas protected by raised curbs except where
wheel stops are utilized at the front of parking
spaces along a landscaped median between
parking bays, and pavement no closer than three
feet (3’) from the trunk of trees.
ii. Landscaped islands of a minimum of five feet (5’) in
width and extending the entire length of the parking
stall generally shall be located at the terminus of all
parking rows and shall contain at least one three
inch (3”) caliper tree consistent with the Tree List in
Section VI – Development and Design Standards.
iii. Parking spaces shall be a minimum depth of 18
feet and a minimum width of 9 feet; to encourage
better shade patterns, parking bays shall be
separated by a minimum five foot (5’) wide
landscaped median (See illustration below), with
three inch (3”) caliper shade trees planted every
thirty feet and wheel stops placed so as to allow the
front of vehicles to encroach over the landscaped
median without hitting the trees.
Town Council 88 of 127 Meeting Date: February 1, 2010
iv. Foundation plantings are required for buildings or
groups of buildings greater than 40,000 square feet
and where the front building facade does not abut a
public sidewalk, including a 3.0 inch caliper shade
tree for every 10,000 square feet of gross building
area consistent with the Tree List as set forth in
Section VI. Small ornamental trees are permitted
on a ratio of 4 to 1 instead of 3.0 inch caliper shade
trees. This is intended to enhance the pedestrian
experience in front of larger buildings and to break
up large impervious surfaces between parking
areas and the building. Foundation planting trees
shall be planted within approximately 30 feet of the
front façade and are required in addition to any
street trees required herein. Tree grates shall be
utilized for trees planted less than four (4) feet back
of curb. Tree spacing shall not impede sign
visibility or pedestrian safety but shall be placed so
as to provide an effective shade environment in
front of the building.
d. Loading Areas and Trash Receptacles:
1) Loading and service areas shall be located at the side of or
in the rear of buildings. Every effort should be made to
reduce the need for segregated loading and service areas
by ensuring that deliveries are made off-hours. Such uses
as grocery stores, however, may require a loading dock
area. Where tractor/semi-trailer delivery may conflict with
Town Council 89 of 127 Meeting Date: February 1, 2010
land uses on or adjacent to the site, then the following
standards shall be followed:
i. Loading and service areas shall be located at the
side or rear of buildings.
ii. Off-street loading areas shall be screened from
view of any street public open space or adjacent
property.
iii. Loading areas shall be enclosed on three sides by
a wall or other screening device not less than 10
feet in height.
iv. Loading areas shall not be located closer than 50’
to any residential lot, unless wholly within an
enclosed building.
v. Screening materials shall be comprised of a wall
that has a similar finish to the primary structure, or
a combination of trees and shrubs that will result in
solid screening within 2 years.
vi. However, when adjacent to a residentially zoned
district a screening wall with landscaping shall be
used.
2. Trash/Recycling Receptacles:
i. Commercial trash/recycling containers shall be
located on the side or rear of the building and
screened from public view.
ii. Such containers shall be located at least 50’ away
from adjacent residential property lines.
iii. Such containers shall be screened on 4 sides,
using an enclosure that is 7’ tall or of a height that
is a minimum of 1’ above the top of the container,
whichever is taller. Screening shall be comprised of
brick, stone, reinforced concrete, or other similar
masonry materials that have a similar finish to the
primary finish; and all fence posts shall be rust-
protected metal, concrete based masonry or
concrete pillars.
Town Council 90 of 127 Meeting Date: February 1, 2010
iv. 6” concrete filled steel pipes shall be located to
protect the enclosure from truck operations.
v. Such container enclosures shall have steel gates
and tie-backs to secure them in an open position,
and fasteners to keep them closed.
vi. Screening shall be maintained at all times.
e. Signage
1) General: Signs shall be flat against the façade, projecting
from the façade or ground monument mounted. No signs
shall project above the façade unless approved as part of
a site plan as a “landmark sign” such as a theater marquee
or other special sign located in an prominent location and
intended to provide a special character to the district and
orientation to visitors.
2) Lighting: Signs shall generally be externally lit. Only
individual letters and symbols may be internally lit. Neon
signs shall be prohibited.
3) Finish Materials: Materials shall complement the
architecture of the building, and may include wood—
painted or natural; metal—copper, brass, galvanized steel;
painted canvas; paint; engraving directly on façade
surface; and brick or stone for monument signs.
4) Wall Signs:
i. One and a half (1.5) square feet of signage is
permitted for each linear foot of the primary facade
of the building, excluding wing walls. (E.g. a 100’
long building façade would allow for 150 square
feet of wall sign area on the building.)
ii. Only one building façade with a primary entrance
may be used to calculate wall signage.
iii. Wall signs may be placed on any face of the
building except if adjacent to a residential lot.
iv. Maximum area of any single sign mounted
perpendicular to a given façade shall not exceed 10
square feet unless it protrudes above the top of the
facade.
Town Council 91 of 127 Meeting Date: February 1, 2010
v. Protruding or hanging signs shall maintain a
minimum clear height of eight (8) feet above the
sidewalk.
5) Monument Signs:
i. Monument signs up to eight (8) feet in height are
the only permanent freestanding signs allowed.
ii. Maximum area of a monument sign shall be 96
square feet per sign face. Monument signs may
have only two (2) sign faces.
iii. If a Commercial Neighborhood extends over 1000
linear feet, then one monument sign per 500’ of
frontage is permitted. (E.g. a site with 1,000’ or
more of frontage may have two (2) monument
signs, a site with 1,500’ or more may have three (3)
signs, etc.).
iv. The structure of monument signs shall be
constructed of materials and colors utilized on the
primary building’s façade.
v. Monument signs must be spaced a minimum of two
hundred fifty feet (250’) apart, unless approved
otherwise at Detailed Site Plan.
6) Parking: Retail and office uses shall meet the Town’s
parking standards at the time of development.
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Chapter 13 - Zoning
Section 5.09 Site Plan Requirements
Whenever a site plan is required by this Ordinance, such site plan must conform to the requirements of
this Section. Except as otherwise provided herein, all site plans must be approved by the Town Council
upon recommendation of the Planning and Zoning Commission.
A. Requirement prior to Building Permit
When required by this ordinance, a site plan must be approved prior to issuance of a building permit
by the Town.
B. Changes to the Site Plan
Changes to the site plan shall be processed in the same manner as the original approved site plan.
1. Except as otherwise provided in Section 5.09(B)(3) below, any site plan that is amended shall
require approval of the Town Council upon recommendation of the Planning and Zoning
Commission.
2. Changes to the site plan which will affect the use of the land shall require either an
amendment to a PD or a rezoning of property, whichever applies, and shall require the
appropriate public hearings.
3. Changes of details within a site plan which do not alter the basic physical relationship of the
property to adjacent property, do not alter the use permitted, increase the density, floor area,
height, or reduce the yards provided at the boundary of the site as indicated on the approved
site plan, may be authorized by the Town’s Planning and Zoning Administrator. An aggrieved
party may appeal the decision of the Town’s designee to the Zoning Board of Adjustment in
accordance with the provisions of this Ordinance.
C. Council Approval
Upon recommendation by the Planning and Zoning Commission, Council approval of a site plan that
accompanies a zoning change request shall become part of the amended ordinance. Hearings held
by the Council for consideration of approval of such zoning change and accompanying site plan shall
be conducted in accordance with the provisions of Section 8.06, Public Hearings.
D. Compliance with Town Design Standards
The site plan must comply with design standards, policies, and any design criteria deemed necessary
to the safety, health, and welfare of the Town.
E. Site Plan Contents
The site plan shall contain the information listed below and any or all of the required features may be
incorporated on a single drawing if such drawing is clear and capable of evaluation by the Planning
and Zoning Commission, the Town Council and the staff personnel required to enforce and interpret
this Ordinance.
1. The location of all existing and planned structures on the subject property and approximate
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Chapter 13 - Zoning
locations of structures on adjoining property within one hundred feet (100’).
2. Lighting and/or fencing and/or screening of yards and setback areas and proposed changes.
3. Design of ingress and egress.
4. Off-street parking and loading facilities, and calculations showing how the quantities were
obtained.
5. Height of all structures.
6. Proposed uses.
7. Landscape plan
8. Tree Survey indicating location, size, and type of all existing trees.
9. The location and type of all signs, including lighting and heights.
10. Elevation drawings citing proposed exterior finish material.
11. Street names on proposed streets.
12. Proposed water, wastewater collection, and storm sewer lines; proposed grading and
drainage patterns.
13. Engineering drawings of all improvements to be dedicated to the Town or M.U.D. if the
property is not to be final platted or if engineering drawings have not been previously
submitted for the site. If the property is to be final platted, these may be provided at that time.
14. Utility and drainage easements for dedicated infrastructure, if required.
15. Such additional terms and conditions, including design standards, as the Planning and Zoning
Commission and the Town Council deem necessary.
(Ord No. 98-29, §XLI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XLI, 3-21-00)
Town Council 94 of 127 Meeting Date: February 1, 2010
Chapter 13 - Zoning
Section 7.03 Landscaping Regulations
A. Purpose: It is the purpose of this Section to establish certain regulations pertaining to landscaping
within the Town. These regulations provide standards and criteria for new landscaping which are
intended to promote the value of property, enhance the welfare, and improve the physical
appearance of the Town.
B. Scope: The standards and criteria contained within this Section are deemed to be minimum
standards and shall apply to all new construction occurring within the Town.
C. Enforcement: The provisions of this Section shall be administered and enforced by the Building
Official or their designee. If, at any time after the issuance of a Certificate of Occupancy or Building
Permit, which ever is applicable, landscaping is found to be non-conforming to the standards and
criteria of this Section, the Building Official shall issue notice to the owner, citing tenant, or agent
shall have thirty (30) days from the date of said notice to restore the landscaping required. If the
landscaping is not restored within the allotted time, such person shall be deemed to be in violation of
this ordinance.
D. General Standards: The following criteria and standards shall apply to landscape materials and
installation:
1. Quality: Plant materials used in conformance with the provisions of this ordinance shall
conform to the standard of the American Standard for Nursery Stock, or equal thereto. Grass
seed, sod and other material shall be clean and reasonable free of weeds and noxious pests
and insects.
2. Trees: Trees referred to in this Section shall comply with all applicable regulations and
requirements of Article VIII of the Subdivision Regulations of the Town of Trophy Club, as
amended. If any of the requirements of Article VIII regulating trees conflict with the
requirements contained herein regulating trees, the requirements of Article VIII of the
Subdivision Regulations shall control.
3. Shrubs and Hedges: Shrubs shall be a minimum of two feet in height when measured
immediately after planting. Hedges, where installed, shall be planted and maintained so as to
form a continuous, unbroken, solid, visual screen which will be three (3) feet high within one
year after time of planting.
4. Vines: Vines shall be a minimum of two feet immediately after planting and may be used in
conjunction with fences, screens or walls to meet screening requirements as specified.
5. Ground Cover: Ground covers used in lieu of grass in whole and in part shall be of live
material and shall be planted in such a manner as to present a finished appearance and
reasonably complete coverage within one year of planting.
6. Lawn Grass: Grass areas may be sodded, plugged, sprigged or seeded except that solid sod
shall be used in swales, berms or other areas subject to erosion.
7. Credit for Existing Trees: Any trees preserved on a site meeting the specifications herein shall
be credited toward meeting the tree requirement of any landscaping provision of this Section.
Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or
species may, at the discretion of the Planning and Zoning Commission, be credited as two
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Chapter 13 - Zoning
trees for the herein minimum requirements.
8. Railroad Ties: The use of railroad ties for use as landscaping material shall be prohibited.
E. Maintenance: The Owner, tenant and their agent, if any, shall be jointly and severally responsible for
the maintenance of all landscaping. All required landscaping shall be maintained in a neat and
orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding
and other such activities common to the maintenance of landscaping. Landscaped areas shall be
kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All
plant materials shall be maintained in a healthy and growing condition as is appropriate for the
season of the year. Plant materials which die shall be replaced with similar plant material.
F. Sight Distance and Visibility: Rigid compliance with thee landscaping requirements shall not be such
as to cause visibility obstructions and/or blind corners at intersections. Whenever an access-way
intersects a public right-of-way or when the subject property abuts the intersection of two or more
public right-of-ways, a triangular visibility area shall be created.
In the event other visibility obstructions are apparent in the proposed Landscape Plan, as determined
by the Building Official, the requirements set forth herein may be reduced to the extent required to
remove the conflict.
G. Requirements for Residential Districts: In addition to the above listed requirements, all areas within
the Town which are zoned for residential use, by either "straight zoned" districts or by Planned
Developments, shall have the following requirements.
1. Each residential lot shall have a minimum of twelve (12) caliper inches of trees located in the
front yard prior to issuance of a certificate of occupancy. The twelve (12) caliper inches may
be distributed among any number of trees desired by the homeowner but shall not include any
tree less than three (3) caliper inches. Caliper inches shall be measured twelve (12) inches
above final grade adjacent to the trunk of he tree.
2. Approved Landscape Plan Prerequisite: No permit shall be issued for building or construction
on any residential lot or tract until a Landscape Plan has been submitted and approved by the
Town Planning and Zoning Administrator.
3. Landscape Plans: Prior to the issuance of a building, paving, grading or construction permit
for any residential use, a Landscape Plan shall be submitted to the Town Planning and Zoning
Administrator. The Administrator shall review such plans and shall approve same if the plans
are in accordance with the criteria of these regulations. If the plans are not in accord, they
shall be disapproved and shall be accompanied by a written statement setting forth the
changes necessary for compliance. The Landscape Plan may be revised by the owner at
anytime the plan varies substantially from what was originally approved. Such revision should
be submitted to the Town Planning and Zoning Administrator for approval.
Planting of the landscaping may be postponed for one year following completion of
construction if the building party represents a builder and is not intended to reside at that
location. In such cases, the permanent resident/owner may revise any landscape plan which
has been previously submitted by a builder and approved by the Town, and must complete the
planting of either the previously approved or revised landscaping within a twelve (12) month
period.
4. Content of the Landscape Plan: The owner/builder shall provide a drawing illustrating the
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Chapter 13 - Zoning
entire landscape plan for the property. The Landscape Plan shall contain, at minimum, the
information contained hereinbelow. Caliper inches shall be measured twelve inches (12”)
above final grade adjacent to the trunk of the tree:
a. It is not necessary that the landscape plan be drawn to scale; however, it is to be drawn
such that the physical relationship of property, structures, and landscaping are easily
discernible. All applicable requirements relative to trees as specified in Article VIII of the
Subdivision Regulations of the Town of Trophy Club, as amended, shall be met by the
builder/owner.
b. A tree survey meeting the requirements of Article VIII of the Subdivision Regulations of
the Town of Trophy Club, as amended, shall be provided. Such survey shall show the
location of all trees to be preserved, relocated, replanted and/or removed.
c. The location of all plants and landscaping material to be added, including but not limited
to, plants, paving, benches, screens, fountains, statues or other landscape features
shall be shown on the landscape plan. All trees for which a removal or replanting
permit is required shall be identified as required by Article VIII of the Subdivision
Regulations of the Town of Trophy Club, as amended.
d. Species of all plant material to be used shall be identified on the landscape plan;
provided however, that as required by Article VIII of the Subdivision Regulations of the
Town of Trophy Club, and all amendments thereto, trees shall be of a species required
by such Article VIII.
e. Size of all plant material to be used shall be identified on the landscape plan. As
required by Article VIII of the Subdivision Regulations of the Town of Trophy Club, and
all amendments thereto, all trees shall meet the sizing requirements specified in such
Article VIII.
f. Spacing of plant material shall be identified on the landscape plan. As required by
Article VIII of the Subdivision Regulations of the Town of Trophy Club, and all
amendments thereto, trees shall meet the spacing requirements set forth in such Article
VIII.
g. Layout and description of irrigation, sprinkler or water systems, including placement of
water sources, shall be identified on the landscape plan.
h. In addition to meeting the requirements of this Section, the owner/builder shall comply
with all applicable requirements of Article VIII of the Subdivision Regulations of the
Town of Trophy Club, as amended. Where any of the provisions of this Section conflict
with Article VIII of the Subdivision Regulations of the Town of Trophy Club, as
amended, the requirements of Article VIII shall control as applicable.
H. Requirements for Non-Residential Districts and Uses: The following requirements shall be additional
requirements for landscaping located in all districts not specifically zoned for residential use, by either
“straight zoned” districts or by Planned Unit Developments.
1. Permits: No permits shall be issued for building, paving, grading, or construction until a
Landscape Plan is submitted and approved by the Planning and Zoning Commission. In the
event that the proposed development required an approved subdivision plat or site plan, no
such final approval shall be granted unless a Landscape Plan is submitted and approved.
In any case in which a Certificate of Occupancy is sought at a season of the year in which the
Planning and Zoning Commission determines that it would be impractical to plant trees,
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Chapter 13 - Zoning
shrubs, or grass, or to lay turf, a Certificate of Occupancy may be issued notwithstanding the
fact that the landscaping required by the Landscape Plan has not been completed. Provided,
however, that the required landscaping shall be installed within twelve (12) months of the
issuance of the Certificate of Occupancy.
2. Landscape Plans: Prior to the issuance of a building, paving, grading, or construction permit, a
Landscape Plan shall be submitted to the Town Planning and Zoning Commission. The
Commission shall review such plans and shall approve same if the plans are in accordance
with the criteria of these regulations. If the plans are not in accord, they shall be disapproved
and shall be accompanied by a written statement setting forth the changes necessary for
compliance.
3. Content of Landscape Plans: Landscaping Plans shall be prepared by a landscape architect,
landscape contractor, or landscape designer knowledgeable in plants, materials, and
landscape design. Landscape Plans shall contain the following information:
a. Minimum scale of one inch equals fifty feet (50’);
b. Location of all trees to be preserved;
c. Location of all plants and landscaping material to be used, including plants, paving,
benches, screens, fountains, statues, or other landscape features;
d. Species of all plant material to be used;
e. Size of all plant material to be used;
f. Spacing of plant material where appropriate;
g. Layout and description of irrigation, sprinkler, or water systems, including placement of
water sources;
h. Description of maintenance provisions for the Landscape Plan;
i. Person(s) responsible for the preparation of the Landscape Plan.
j. If a tree removal permit and/or a tree replanting permit is required by Article VIII of the
Subdivision Regulations of the Town of Trophy Club, as amended, the owner/builder
shall comply with the requirements of Article VIII prior to the issuance of a tree removal
permit.
k. A tree survey shall be provided as required by Article VIII of the Subdivision Regulations
of the Town of Trophy Club, as amended.
l. In addition to meeting the requirements of this Section, the owner/builder shall comply
with all applicable requirements of Article VIII of the Subdivision Regulations of the
Town of Trophy Club, as amended. Where any of the provisions of this Section conflict
with Article VIII of the Subdivision Regulations of the Town of Trophy Club, as
amended, the requirements of Article VIII shall control.”
4. Minimum Requirements for Off-Street Parking and Vehicular Use Areas: Parking lots,
vehicular use areas and parked vehicles are to be effectively screened, from the public view
and adjacent property. Both the interior and perimeter of such areas shall be landscaped in
accordance with the following criteria. Areas used for parking or vehicular storage which are
under, on or within buildings are exempt from these standards.
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Chapter 13 - Zoning
a. Interior Landscaping: A minimum of ten (10) percent of the gross parking areas shall be
devoted to living landscaping which includes grass, ground cover, plants, shrubs and
trees. Gross parking area is to be measured from the edge of the parking and/or
driveway paving and sidewalks. The following additional criteria shall apply to the
interior of parking lots:
i. Interior landscape areas shall be protected from vehicular encroachment of
overhang through appropriate wheel stops or curbs.
ii. There shall be a minimum of one (1) tree planted for each four hundred (400)
square feet or fraction thereof of required interior landscape area.
iii. Interior areas of parking lots shall contain planter islands located so as to best
relieve the expanse of paving. Planter islands must be located no further apart
than every twelve (12) parking spaces and at the terminus of all rows of parking.
Such islands shall contain at least one (1) tree. The remainder shall be
landscaped with shrubs, lawn, ground cover and other appropriate material not to
exceed three feet (3’) in height. Interior planter islands shall have a minimum size
of ten feet (10’) by twenty feet (20’).
iv. The Planning and Zoning Commission may approve planter islands required by
this Section to be located further apart than twelve (12) parking spaces in order to
preserve existing trees in interior parking areas. Off-street parking and drive
areas located within the drip line of a tree shall be paved with permeable material
approved by the Commission when the drip line of an existing tree is larger than
planter islands required by this Section.
b. Perimeter Landscaping: All parking lots and vehicular use areas shall be screened from
all abutting properties and/or public right-of-ways with a wall, fence, hedge, berm or
other durable landscape barrier. Any living barrier shall be established in a two feet (2’)
minimum width planting strip. Plants and materials used in living barriers shall be at
least thirty inches (30”) high at the time of planting and shall be of a type and species
that will attain a minimum height of three feet (3’) one year after planting.
Any landscape barrier not containing live plants or trees shall be a minimum of three
feet (3’) high at time of installation. Perimeter landscaping shall be designed to screen
off-street parking lots and other vehicular use areas from public right-of-ways and
adjacent properties.
i. Whenever an off-street parking or vehicular use area abuts a public right-of-way,
a perimeter landscape area of at least fifteen feet (15’) in depth shall be
maintained between the abutting right-of-way and the off-street parking or
vehicular use area. An appropriate landscape screen or barrier shall be installed
in this area and the remaining area shall be landscaped with at least grass or
other ground cover.
Necessary access-ways from the public right-of-way shall be permitted through all
such landscaping. The maximum width for access-ways shall be: fifty feet (50’)
for non-residential two way movements; thirty feet (30’) for residential two way
movements; twenty feet (20’) for non-residential one way movements; and fifteen
(15’) feet for residential one way movements.
ii. Whenever an off-street parking or vehicular use area abuts an adjacent property
line a perimeter landscape area of at least ten feet (10’) in width shall be
maintained between the edge of the parking area and the adjacent property line.
Landscaping will be designed to visually screen the parking area. Whenever such
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Chapter 13 - Zoning
property is zoned or used for residential purposes, the landscape buffer shall
include a wall, fence, hedge, or berm not greater than eight feet (8’) in height nor
less than four feet (4’) in height.
iii. Perimeter landscape areas shall contain at least one tree for each thirty (30) lineal
feet or fraction thereof of perimeter area and shall be three feet (3’) high within
one year after time of planting.
5. Landscaping Requirements for Non-vehicular Open Space: In addition to the landscaping of
off-street parking and vehicular use areas, all remaining open spaces on any developed lot or
parcel shall conform to the following minimum requirements:
a. Grass, ground cover, shrubs and other landscape material shall be used to cover all
open ground within twenty feet (20’) of any building or paving or other use such as
storage.
b. All structures shall be treated with landscaping so as to enhance the appearance of the
structure and to screen any detractive or unsightly appearance.
c. Landscaping shall be provided on each developed lot in accordance with the following
standards:
i. In all residential zoning districts, a minimum of fifteen percent (15%) of the
landscaping shall be located in the required front yard.
ii. In all non-residential zoning districts, a minimum of fifteen percent (15%)of the
total site area shall be devoted to feature landscaping with not less than fifty
(50%) percent of the landscaping being located in the required front yard.
d. Trees shall be planted in non-vehicular open space to meet the following requirements.
Existing trees that are preserved on a developed site may be credited to the following
requirements:
Percentage of Site in
Non-Vehicular Open Spaces
Tree Ration Per
Non-Vehicular Open Space
Less than 30 6 trees/2,500 sq. ft.
30-49 7 trees/3,000 sq. ft.
Over 50 9 trees/4,000 sq. ft.
I. Applicability - Relief From Landscaping Requirements: Relief from landscaping requirements may be
considered in situations where the individual characteristics of or circumstances associated with a
particular location limit the applicant’s ability to comply with the landscaping requirements of this
Ordinance, such as the presence of existing facilities and unusual topography. An applicant seeking
such relief shall submit an application specifically identifying the justification for the requested relief
and comply with the following procedure:
1. An Applicant shall submit an alternate landscape plan to the Planning & Zoning Administrator.
In addition to complying with all requirements of Section 7.03 of the CZO regarding the
contents of landscape plans, such alternate plan shall identify the specific provisions of
Section 7.03 from which relief is sought and shall include a detailed written justification for the
requested relief, specifically identifying reasons why he or she is unable to comply with
existing landscape requirements.
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Chapter 13 - Zoning
2. Such landscape plan shall illustrate in detail the applicant’s proposed alternate plan to
landscape, including but not limited to identifying the amount, type and placement of plant
materials, the proposed plan for irrigation, and a phasing schedule for completing the plan
when applicable.
3. The landscape plan may be submitted either with a Site Plan or may be submitted separately.
4. Upon receipt of a completed application, the P&Z Administrator shall forward such application
to the Planning and Zoning Commission for review and recommendation to the Town Council.
Code of Ordinances Cross Reference: (Shrubs, Hedges, Live Screening), Chapter 13, § 7.01; (Sight
Distance Visibility), Chapter 13, § 9.10; (Trees), Chapter 12, § 8.01, 8.3, 8.5-8.11
(Ord. No. 2000-06 P&Z § XLVII, 3-21-00, Amended by Ord. No. 2001-29 P&Z, § IV - D(2), “Trees”; G(4),
“Content of Landscape Plan, (a-h); H(3), “Content of Landscape Plan” (j-l), 12-17-01, Amended by Ord.
2003-25 P&Z, § III – I, “Applicability - Relief From Landscaping Requirements”, (1-4), 12-17-03)
Town Council 101 of 127 Meeting Date: February 1, 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 V. “NEIGHBORHOOD REGULATIONS”, J. “VILLAGE
CENTER”, 1. “PERMITTED USES”, AND ADOPTING
“RESTAURANT DESIGN GUIDELINES – VILLAGE CENTER” 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 amend permitted uses for Village
Center to remove the prohibition against drive-in restaurants currently contained
in the Ordinance; 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
Town Council 102 of 127 Meeting Date: February 1, 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 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 density, 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 amendment to Ordinance No. 2007-15 P&Z, that the amendment is
appropriate and is consistent with the other uses allowed in the Village Center
portion of PD-27, and the Town Council has determined that this Ordinance
should be adopted, that the proposed change is consistent with the
Comprehensive Land Use Plan, 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 Planned Development No. 27, Exhibit “B” entitled
“Development Standards”, V. entitled “Neighborhood Regulations”, J. entitled
“Village Center”, No. 1. entitled “Permitted Uses”, r. “restaurants without drive-ins
is amended by striking “without drive-ins”, allowing “restaurants” so that
Subsection J(1)(r) of Section V of Exhibit “B” reads in its entirety as follows:
Town Council 103 of 127 Meeting Date: February 1, 2010
J. Village Center:
1. Permitted Uses:
….r. Restaurants.
2.02 Ordinance No. 2007-15 P&Z of the Town of Trophy Club, Texas, the
same being the Town's Planned Development No. 27, Exhibit “B” entitled
“Development Standards”, V. entitled “Neighborhood Regulations”, is amended
to add “K. Restaurant Design Guidelines – Village Center” so that Subsection K
reads in its entirety as follows:
K. Restaurant Design Guidelines - Village Center
PURPOSE
The Highlands at Trophy Club has many desirable aesthetic qualities and
neighborhoods with unique character. These attributes are closely guarded and
nurtured to protect the community and ensure design excellence. The
Restaurant Design Guidelines – Village Center is intended to be responsive to
developers while promoting good design. These guidelines are applicable to all
restaurant types as they are structured to respond to the varying conditions and
constraints inherent to individual sites within Village Center.
DESIGN GUIDELINES
These guidelines are intended to address exterior elements of restaurant design
to help promote cohesive design and enable comprehensive review of all new
buildings. All proposals should be in accordance with the zoning ordinance and
PD-27 architectural and site design standards, as well as adhere to the
requirements stated in this guideline in the following five areas: Site Design,
Architecture, Landscape Design, Lighting, and Signage/Corporate
Identification.
Site Design
The components of a restaurant to be considered in site design include, but are
not limited to:
Primary structure, entry and associated outdoor waiting area
Outdoor dining
Service, utility infrastructure, refuse and storage area
Pedestrian and vehicular circulation systems, and parking
Drive through windows and associated equipment and stacking lanes
Primary Structure, Entry and Associated Outdoor Waiting Area: All development
proposals should show evidence of coordination with the site plan requirements
as shown in the Town of Trophy Club Zoning Ordinance, Chapter 13, Article V,
Supplementary District Regulations and the Architectural and Site Design
Standards required in PD-27, Village Center. Development proposals should
Town Council 104 of 127 Meeting Date: February 1, 2010
show evidence of coordination with contextual influences of neighboring
properties in regard to building setbacks, orientation, and relationship of
structures to each other and to the street. The layout of the site should respect
and build upon the arrangement of buildings, open spaces and landscape
elements of adjacent sites.
Where a common setback from the street is evident, new buildings should
respect the established setback. Variation is allowed if the resulting
arrangement of buildings defines a useful public space such as a plaza or
open space.
Building entries should be convenient to parking, but also seek and develop
shared vehicular access points with adjoining sites where feasible, and seek
and develop pedestrian linkages between adjacent properties.
Outdoor Dining: Outdoor dining areas are encouraged in Tract 2, oriented
toward Northwest Park. Outdoor dining areas should be located away from
neighboring residential areas and other sensitive uses.
Service, Utility Infrastructure, and Refuse Area:
The clustering of service and refuse areas is encouraged where adjacency of
similar uses would allow such areas.
Service areas and refuse enclosures should be screened from public view
and screened from adjacent sites.
Identify the location of utility infrastructure facilities early in the design
process. When possible, locate utility cabinets, switching cabinets,
transformers, cable boxes, communications infrastructure, backflow
preventors, irrigation control boxes and other similar above ground utilities in
locations that do not conflict with featured views, outdoor dining areas and
circulation patterns. Utility cabinets should not be located within parking lot
landscape islands or in highly visible locations within the right-of-way. Utilities
should be screened to the extent allowable by operation requirements.
Pedestrian and Vehicular Circulation Systems, and Parking: Site design shall
accommodate a logical and safe vehicular and pedestrian circulation pattern that
minimizes conflicts. Links for pedestrians should be direct and avoid circuitous
routes that are not easily understood.
Drive Through Windows and Associated Equipment and Stacking Lanes:
Drive-through windows, menu boards and associated stacking lanes should
be carefully located to minimize the impacts on neighboring residential areas
and should be adequately screened from the street, from public view, and
from the view of adjacent sites.
Drive-through elements should be architecturally integrated into the building,
rather than appearing to be applied or “stuck on” to the building.
Drive-through window circulation shall provide a minimum stacking distance
of 100 feet to provide adequate length of stacking that does not interfere with
the movement of traffic or pedestrians on or off-site.
Town Council 105 of 127 Meeting Date: February 1, 2010
A facility with a separate ordering point and pick-up window shall provide
stacking space for at least three (3) vehicles in advance of each ordering
point and stacking space for at least two (2) vehicles between each ordering
point and pick-up window.
Entrances to drive-up lanes shall be at least 50 feet from driveways entering a
public street.
The minimum width of each drive-through lane shall be 12 feet. The entrance
to the lane and the direction of traffic flow shall be clearly designated by
signs, or pavement marking, or raised curbs.
When residential adjacency exists, drive-through windows are not permitted.
Architecture
Each building will be evaluated with regard to the guidelines below to achieve a
final building of good proportion and scale.
Buildings that derive their image predominantly from applied treatments that
express corporate identity are discouraged. A building should conform to the
Village Center Architectural and Site Design Standards first.
Awnings may be used on street level windows and doors and should be
functional and provide maximum shade to the window area. Awnings are to
be made of predominately natural or natural-appearing fabric or canopies.
Awnings should not be internally lit. The bottom of an awning must be placed
below the top of the window, but above the door.
If a tract is divided into pad sites that will support more than one restaurant,
the restaurants should share similar design characteristics and design
vocabulary. Precise replication is not necessary or desirable, but
consideration should be given to similar color, material, and texture found
within the architecture of the buildings.
Shading for outdoor dining should be architecturally integrated with the main
structure.
Landscape Design
The landscape design of the site should contribute to the overall appearance and
function of the site and streetscape.
Landscape should blend with the dominant existing or planned streetscape
and character of the area.
Landscaping should be provided at the base of buildings to anchor them to
the surrounding environment and soften the structure. In-ground landscaping
should comprise the majority of the landscaping requirement and be
maximized to provide shade and to reduce heat build-up and glare. Raised
planters are acceptable when designed to accentuate the architecture and/or
create pedestrian seating areas.
Landscaping should be placed to maximize screening from neighboring
residential areas.
Dense landscaping and architectural treatments should be used in
combination to screen unattractive views and features such as storage areas,
trash enclosures, utility cabinets, and other similar elements.
Town Council 106 of 127 Meeting Date: February 1, 2010
The use of mature trees is encouraged to provide an immediate impact
especially when used in buffering adjacent uses.
Proper maintenance and timely replacement of plant material is expected and
required by ordinance.
Lighting
Site lighting and architectural lighting of restaurants should provide the user with
illumination levels appropriate for the designed activity (i.e., parking, walking,
outdoor dining). Illumination levels should also be reasonably uniform throughout
the site and absent of glare.
A lighting design and plan is required. The lighting plan must include, but is
not limited to: type of lighting equipment, lamp source and wattage, fixture
locations, mounting height, shielding, mounting details, photometric data
including point-by-point horizontal illuminance at ground level. All illumination
of the site, including architectural lighting, should be taken into account in the
lighting plan.
Avoid competing light levels and maintain balanced light levels on-site and
between adjacent properties. The exterior lighting design must take into
account the background lighting levels, lighting from other sources, and
characteristics of the surrounding area.
Signage/Corporate Identification
Restaurant signage plans should reflect a balance between providing adequate
signage for business identification while protecting the visual aesthetics of
Trophy Club’s streetscapes.
Treatments used to achieve business identity such as awnings, paint, or
signage should be used judiciously and should not be the dominant
architectural feature.
All signage should be architecturally integrated with their surroundings in
terms of size, shape, color, texture, and lighting so as to not visually compete
with the architectural of the building and site. Signs should be integrated
such that they become a natural part of the building façade.
When multiple restaurants share one site, signs should be integrated as one
unit to create shared identity for the property to the extent permitted by the
ordinance or be located and/or designed as a package.
Building design should anticipate signage, providing logical sign areas and
allowing flexibility for new users (if applicable).
Repetitious signage information on the same building façade should be
avoided.
Signs composed of individual letters are encouraged. Back lit or indirectly lit
individual letters are generally desirable. Visible raceways and transformers
for individual letters are discouraged.
Town Council 107 of 127 Meeting Date: February 1, 2010
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
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.
Town Council 108 of 127 Meeting Date: February 1, 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 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.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this 1st day of February, 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 109 of 127 Meeting Date: February 1, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-17-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/5/2010 Town Council
On agenda:Final action:2/1/2010
Title: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" by
amending Section 15.02, entitled "Applicability and Prohibited Conduct"; providing for a penalty not to
exceed two thousand dollars a day for a violation of the Ordinance; and providing an effective date
Attachments:Ord. 2010-03 Pool Backwash- Amend Sec. 15.02(e).pdf
Action ByDate Action ResultVer.
Town Council1/18/2010 1
Town Council 110 of 127 Meeting Date: February 1, 2010
12010-17-T Version:File #:
Title
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" by amending Section 15.02, entitled "Applicability
and Prohibited Conduct"; providing for a penalty not to exceed two thousand dollars a day for a violation of the
Ordinance; and providing an effective date
Body
At the January 4, 2010 meeting, Council requested that this Ordinance be amended. The amendment is included in the
backup. The permit application which was included in the previous Council packet is not part of Article XV of the Code of
Ordinances; therefore, it has been revised administratively so that it is consistent with the new amendment. The FAQ's
have also been updated.
Town Council 111 of 127 Meeting Date: February 1, 2010
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 3 THE CODE OF ORDINANCES
ENTITLED “BUILDINGS AND CONSTRUCTION” OF ARTICLE
XV, ENTITLED “SWIMMING POOLS”; BY AMENDING SECTION
15.02 “APPLICABILITY AND PROHIBITED CONDUCT”,
SUBSECTION “E”; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; 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
WHEREAS, the Town previously adopted swimming pool regulations
which are codified in Article XV, entitled “Swimming Pools” of Chapter 3 of the
Code of Ordinances of the Town of Trophy Club; and
WHEREAS, Town Council has determined it necessary to update the
Town’s ordinance regulating swimming pools in order to be consistent with
current law and standards regulating discharges from swimming pools and in
order to protect the health, safety, and welfare of the citizens of the Town; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas
recognizes the need to protect the environment; and
WHEREAS, the Town Council has determined it appropriate to amend
Section 15.02 (E) of Article XV of Chapter 3 as more fully set forth herein; and
WHEREAS, the Town Council hereby finds that the regulations
established herein are in the best interest of the health, safety and general
welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS.
Town Council 112 of 127 Meeting Date: February 1, 2010
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are
incorporated into the body of this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENT
2.01 Article XV, entitled “Swimming Pools” of Chapter 3 of the Code of
Ordinances of the Town of Trophy Club, Texas, is hereby amended, so that
subsections (E) of Section 15.02, entitled “Applicability and Prohibited Conduct”
shall read in its entirety as follows and all other subsections of Section 15.02
shall remain the same:
“Section 15.02 Applicability and Prohibited Conduct
E. It shall be unlawful for any Person owning, leasing, claiming, occupying
or having supervision or control of any swimming pool to permit the
drainage of any swimming pool filter backwash containing spent
diatomaceous earth to the storm drainage system, to surface waters, or to
adjacent public or private property.”
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances relating to
swimming pools 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 and Ordinance No. 2008-22. In the event that there is a conflict
between the provisions adopted via this Ordinance and those contained in
Ordinance No. 2008-22, the provisions of this Ordinance shall control and the
conflicting provisions of Ordinance No. 2008-22 are hereby repealed. 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
Ordinance No. 2008-22, on the date of adoption of this Ordinance shall continue
to be governed by the provisions of such Ordinance and for that purpose the
Ordinance shall remain in full force and effect.
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly
saved as to any and all violations of the provisions of any other Ordinance
Town Council 113 of 127 Meeting Date: February 1, 2010
affecting swimming pool regulations which have secured 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.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of this Ordinance, and the Town Council
hereby declares it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 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 the ordinance records of the Town and as
required by Charter.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption
and publication as provided by law, and it is so ordained.
Town Council 114 of 127 Meeting Date: February 1, 2010
PASSED AND APPROVED by the Town of Trophy Club, Texas this the
18th day of January, 2010.
Mayor, Connie White
Town of Trophy Club, Texas
Effective
Date:
[SEAL]
ATTEST:
Town Secretary, Lisa Hennek
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney, Patricia Adams
Town of Trophy Club, Texas
Town Council 115 of 127 Meeting Date: February 1, 2010
TOWN OF TROPHY CLUB
100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS 76262
Ofc: 682-831-4680 / Fax: 817-490-0705
COMPLIANCE PERMIT TO
DISCHARGE SWIMMING POOL WATER
ORDINANCE NO. 2008-
APPLICANT’S NAME: ___________________________ PHONE: _________________
APPLICANT’S ADDRESS:
______________________________________________________
CONTACT INFORMATION:
_____________________________________________________
FILTRATION SYSTEM FOR POOL:
______________________________________________
POOL SERVICE COMPANY:
____________________________________________________
Name Address Phone
By signature below, I hereby agree to comply with the provisions outlined in Town
Ordinance 2010-____, which states in part:
1. It shall be unlawful for any Person owning, leasing, claiming, occupying or
having supervision or control of any swimming pool to permit drainage of any
swimming pool filter backwash containing spent diatomaceous earth to the
storm drainage system, to surface waters, or to any adjacent public or private
property or to permit drainage of any swimming pool water to overflow onto a
neighbor’s property or to any surface waters.
2. Draining on your own property - The filter backwash water must be
collected, contained and discharged to the sanitary sewer, if available, or to a
vegetated area contained within your property, using sandbags or berms, as
necessary. Cartridge filters should be rinsed in a sink, bathtub, or over a
lawn or other vegetated area. Do not discharge onto saturated soils or areas
where there has been a recent application of herbicides, pesticides, or
fertilizers. Allow sufficient area to prevent the ponding of water. Collect
materials (such as spent diatomaceous earth filter media) on a filter cloth
placed over the discharge surface and then throw the filter cloth and filter
media in the trash upon completion of filter cleaning.
3. Draining dechlorinated pool water to the curb and gutter - Prior to
draining pool water, the pH level (between 6.5 and 8.5) shall be neutralized,
and the chlorine or other disinfectant residual shall be at or below 0.01 parts
per million (ppm). The chlorine may be allowed to naturally dissipate over 3
to 5 days or a chemical dechlorinator shall be added to reach the desired
Town Council 116 of 127 Meeting Date: February 1, 2010
6
4. Drain to sewer clean-out – Residences without capabilities to drain and
contain pool filter backwash onto their property or who do not obtain a
Compliance Permit, shall have their systems retrofitted to connect to the
sanitary sewer collection system via their cleanout.
________________________ _________________
Signature of Permit Holder Date
____________________________ _____________________
Permitting Official Signature Date
Town Council 117 of 127 Meeting Date: February 1, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-54-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/25/2010 Town Council
On agenda:Final action:2/1/2010
Title:Consider and take appropriate action regarding the purchase of a Dump Truck (Ford F650 Regular
Cab) for the Streets Department, and authorizing the Mayor or her designee to execute necessary
documents.
Attachments:Philpott Bid.pdf
Action ByDate Action ResultVer.
Town Council 118 of 127 Meeting Date: February 1, 2010
12010-54-T Version:File #:
Title
Consider and take appropriate action regarding the purchase of a Dump Truck (Ford F650 Regular Cab) for the Streets
Department, and authorizing the Mayor or her designee to execute necessary documents.
Body
Staff recommends the bid for the purchase of a Dump Truck be awarded to Philpott Ford in the amount not to exceed
$58,003.26. Philpot is a BuyBoard vendor.
Town Council 119 of 127 Meeting Date: February 1, 2010
Town Council 120 of 127 Meeting Date: February 1, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-43-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/19/2010 Town Council
On agenda:Final action:2/1/2010
Title:Items for Future Agendas.
Attachments:Items for Future Agendas.pdf
Action ByDate Action ResultVer.
Town Council 121 of 127 Meeting Date: February 1, 2010
12010-43-T Version:File #:
Title
Items for Future Agendas.
Town Council 122 of 127 Meeting Date: February 1, 2010
Items for Future Agendas.
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. Consider and take appropriate action regarding culvert issues on Skyline Park. (Wilson added on 4/6/09)
5. Item to receive a report from Town Manager Emmons regarding option to alleviate the congestion of
games/practices on the baseball and the parking issues. (Wilson added May 6, 2009)
6. Consider and take appropriate action regarding future EMS negotiations. (Wilson added on August 17,
2009)
7. Item to discuss the concept for term limits for Committees. (White added on 11/2/09)
8. 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..
9. Consider and take appropriate action regarding the issuance of debt as it relates to the Park Bond
Election. (Wilson 12/7/09)
10. Consider and take appropriate action regarding the creation of a Citizen’s Financial Budget Board. (Rose
12/7/09)
Town Council 123 of 127 Meeting Date: February 1, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-45-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/19/2010 Town Council
On agenda:Final action:2/1/2010
Title:Receive a progress report from Council Member Wilson regarding the January 19 and 25, 2010
TCMUD1 Meeting; discussion of same.
Attachments:
Action ByDate Action ResultVer.
Town Council 124 of 127 Meeting Date: February 1, 2010
12010-45-T Version:File #:
Title
Receive a progress report from Council Member Wilson regarding the January 19 and 25, 2010 TCMUD1 Meeting;
discussion of same.
Body
1. Public hearing and subsequent vote regarding ethics complaint.
2. Update pertaining to fire station bond sale.
3. Discussion of January 25 and February 6 proposed Council/MUD joint sessions.
4. Fire Chief progress report relevant to Westlake services proposal.
Town Council 125 of 127 Meeting Date: February 1, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-44-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/19/2010 Town Council
On agenda:Final action:2/1/2010
Title:Mayor and Council Update regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
Attachments:
Action ByDate Action ResultVer.
Town Council 126 of 127 Meeting Date: February 1, 2010
12010-44-T Version:File #:
Title
Mayor and Council Update regarding training opportunities, educational sessions, and regional meetings; discussion of
same.
Body
Mayor White will provide a brief update on her attendance at the following meetings and events:
True Med Ribbon Cutting
NLF Annual Meeting and Award Luncheon
Fit Cities Kickoff
Metroport Cities Partnership
Chamber’s Annual Awards Gala
Denton Area Mayors Meeting
Town Council 127 of 127 Meeting Date: February 1, 2010