Agenda Packet TC 07/16/2012Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom5:00 PMMonday, July 16, 2012
AMENDED*
CALL TO ORDER AND ANNOUNCE A QUORUM
WORKSHOP SESSION
1.2012-322-T Discuss and provide input regarding general issues and specific topics for consideration
by the Charter Review Commission as it commences review of the Town’s Home Rule
Charter.
2.2012-324-T Presentation of Compensation Study Findings; discussion of same.
3. 2012-291-T FY13 Budget Overview; discussion of same.
4. 2012-289-T
Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for July 16, 2012.
5.2012-303-T Discussion of proposed agenda items for the August 6, 2012 Regular Session Agenda.
August 6, 2012 Proposed Agenda Items.pdfAttachments:
CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:00 P.M.
INVOCATION
PLEDGES
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
6.2012-321-T Consider and take appropriate action regarding a Resolution recognizing and
expressing appreciation to the Team Captains and Volunteer Teams of this year's July
4th Stars and Stripes flagging initiative.
RES 2012-16 Stars and Stripes Appreciation.pdfAttachments:
Town Council Page 1 of 108 Meeting Date: July 16, 2012
July 16, 2012Town Council Meeting Agenda
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.
7.2012-292-T Consider and take appropriate action regarding the Minutes dated June 18, 2012.
June 18 2012 Minutes.pdfAttachments:
8.2012-318-T Consider and take appropriate action regarding an Interlocal Cooperation Agreement
for Tax Collection between Denton County and the Town of Trophy Club, and
designating Michael Aguilera, Director of Finance as the Liaison, and authorizing the
Mayor or her designee to execute all necessary documents.
Town ICA - Tax Collection.pdfAttachments:
9.2012-320-T Consider and take appropriate action regarding an Interlocal Cooperation Agreement
for Assessment Collection between Denton County and the Town of Trophy Club Public
Improvement District (PID) #1 Emergency Services, and designating Michael Aguilera,
Director of Finance as the Liaison, and authorizing the Mayor or her designee to
execute the Agreement.
PID ICA - Emergency Services.pdfAttachments:
10.2012-325-T Consider and take appropriate action regarding an Interlocal Cooperation Agreement
for Assessment Collection between Denton County and the Town of Trophy Club Public
Improvement District (PID), and designating Michael Aguilera, Director of Finance as
the Liaison, and authorizing the Mayor or her designee to execute the Agreement.
PID ICA - Assessment Collection.pdfAttachments:
11.2012-323-T Consider and take appropriate action regarding a Resolution of the Town Council of the
Town of Trophy Club, Texas amending Resolution No. 2012-09 to designate a Chair
and Vice Chair for the Charter Review Commission; and providing an effective date.
RES 2012-17 Amending RES 2012-09 CRC Chair and Vice Chair Appointments.pdfAttachments:
Town Council Page 2 of 108 Meeting Date: July 16, 2012
July 16, 2012Town Council Meeting Agenda
12.2012-295-T Consider and take appropriate action regarding a Resolution of the Town Council of the
Town of Trophy Club, Texas authorizing the Texas Coalition for Affordable Power
("TCAP") to seek bids to cover the electric power needs of the Town, to negotiate an
extension of the Town's power supply and retail electric provider; and to authorize a
representative of the Town to sign a blend and extend or fixed price contract with
TCAP.
Trophy Club TCAP Comparison.pdf
RES 2012-18 TCAP Resolution for Extension or Blend Extend.pdf
Attachments:
REGULAR SESSION
13.2012-288-T Consider and take appropriate action regarding a Final Plat for Neighborhood 8, Phase
2A (11.817 acres) located in the R. Allen Survey, Abstract No. 5.
A. Subdividers Agreement - Consider and take appropriate action regarding a
Subdivider's Agreement between the Town and Lennar Homes of Texas Land and
Construction, LTD. for Neighborhood 8, Phase 2A; and authorizing the Mayor or her
designee to execute all necessary documents.
Staff Report - TC 071612 - NH 8 Ph 2A.pdf
WellExhibit.pdf
Application - NH 8 Ph 2A.pdf
Town Engineer Approval.pdf
Subdivider's Agreement - NH 8 Ph 2A w Att A.pdf
Attachments:
14.2012-294-T Consider and take appropriate action regarding Allied Waste/Republic Services'
Regional Contract Proposal for Solid Waste and Recycling Services options and
authorizing Town Manager Slye to execute all necessary documents.
Allied Waste Contract Options.pdfAttachments:
15.2012-319-T Consider and take appropriate action authorizing Town Staff and Financial Advisor to
proceed with the necessary steps required to legally authorize the sale of Tax Notes in
an amount not to exceed $500,000.
16.2012-297-T Town Council Liaison Updates; discussion of same.
- June 20, 2012 Parks & Recreation Board Meeting; Council member Tiffany
- June 25, 2012 Charter Review Commission Meeting; Council member Tiffany
- June 26, 2012 TCMUD No. 1 Meeting; Council member Rose
- July 9, 2012 EDC 4B Meeting; Mayor Pro Tem Strother
17.2012-298-T *Town Manager Slye's update regarding the following; discussion of same.
- July 4th Celebration
- Community Development
- Marketing Initiatives
- Police Department Awards
- Power Purchase Agreement
- September Meeting Dates: September 4, September 10 and September 24
- Transportation
Town Council Page 3 of 108 Meeting Date: July 16, 2012
July 16, 2012Town Council Meeting Agenda
18.2012-299-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
- June 19, 2012 Vision Trophy Club Committee Meeting
- June 20, 2012 35W Coalition Membership Meeting
- June 21, 2012 Metroport Communities Meeting
- June 21, 2012 Emergency Preparedness Planning Council Meeting
- June 29, 2012 Women on Business Seminar
19.2012-300-T Items for Future Agendas.
Future Agenda Items List.pdfAttachments:
This item allows Council to request the placement of items on upcoming agendas when
the topic of discussion requires research and review that cannot be accomplished in the
time frame between regular Council meetings. However, a Council Member may
request that an item be placed on the next regularly scheduled meeting without first
placing that item on the Future Agenda Items list. All requests for agenda items must
comply with Charter requirements.
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
Notice is hereby given that a quorum of the Charter Review Commission may be in
attendance at this meeting.
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, July 12, 2012 by 6:00
P.M. in accordance with Chapter 551, Texas Government Code.
______________________________
Shannon DePrater, 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
______________________, 2012.
________________________________, Title: ___________________________
Town Council Page 4 of 108 Meeting Date: July 16, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-322-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/11/2012 Town Council
On agenda:Final action:
Title:Discuss and provide input regarding general issues and specific topics for consideration by the
Charter Review Commission as it commences review of the Town’s Home Rule Charter.
Attachments:
Action ByDate Action ResultVer.
TITLE
Discuss and provide input regarding general issues and specific topics for consideration by the Charter Review
Commission as it commences review of the Town’s Home Rule Charter.
Town Council Page 5 of 108 Meeting Date: July 16, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-324-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/11/2012 Town Council
On agenda:Final action:7/16/2012
Title:Presentation of Compensation Study Findings; discussion of same.
Attachments:
Action ByDate Action ResultVer.
TITLE
Presentation of Compensation Study Findings; discussion of same.
Town Council Page 6 of 108 Meeting Date: July 16, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-303-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/25/2012 Town Council
On agenda:Final action:7/16/2012
Title:Discussion of proposed agenda items for the August 6, 2012 Regular Session Agenda.
Attachments:August 6, 2012 Proposed Agenda Items.pdf
Action ByDate Action ResultVer.
TITLE
Discussion of proposed agenda items for the August 6, 2012 Regular Session Agenda.
Town Council Page 7 of 108 Meeting Date: July 16, 2012
Last Updated 7/11/2012 at 12:32 PM 1 of 1
Meeting Date
8/6/2012 Item File ID Dept Have
ARF?
Workshop
Discussion of agenda items posted for consideration on the Regular
Session Council Agenda for August 6, 2012.
Town Sec
Discussion of proposed agenda items for the August 20, 2012 Regular
Session Agenda.
Town Sec
Consent Consider and take appropriate action regarding the Minutes dated July
16, 2012.
Town Sec
Amendment of Chapter 1, Article 6 2012-293-T Legal
Public Hearing
Regular Session Denton County ICA - Roundabout Amendment MTS
Denton County ICA - Road Improvements MTS
Appointing additional judges Legal
Calling Bonds Finance
Consider and take appropriate action regarding financial and variance
report dated June 2012.
2012-296-T Finance
Town Council Liaison Updates; discussion of same:
Scheduled by meetings
Town Sec
Town Manager Slye's update regarding the following; discussion of
same.
Town Sec
Mayor and Council Updates regarding training opportunities,
educational sessions, and regional meetings; discussion of same.
Town Sec
Items for Future Agendas.Town Sec
Executive
Session
Consider and take appropriate action regarding the Executive Session.Town Sec
Town Council Page 8 of 108 Meeting Date: July 16, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-321-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:7/10/2012 Town Council
On agenda:Final action:7/16/2012
Title:Consider and take appropriate action regarding a Resolution recognizing and expressing appreciation
to the Team Captains and Volunteer Teams of this year's July 4th Stars and Stripes flagging initiative.
Attachments:RES 2012-16 Stars and Stripes Appreciation.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding a Resolution recognizing and expressing appreciation to the Team
Captains and Volunteer Teams of this year's July 4th Stars and Stripes flagging initiative.
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
Support citizen volunteer opportunities
Promote recreational / active lifestyle opportunities for all ages
Town Council Page 9 of 108 Meeting Date: July 16, 2012
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2012-16
RESOLUTION OF APPRECIATION
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, TO RECOGNIZE AND EXPRESS
APPRECIATION TO THE TEAM CAPTAINS AND VOLUNTEER TEAMS
OF THE 2012 JULY 4TH STARS AND STRIPES FLAGGING INITIATIVE.
WHEREAS, a group of citizen volunteers organized an initiative to line the
streets of Trophy Club with American Flags in celebration of Independence Day 2012:
and
WHEREAS, the citizens were lead by Team Captains who worked tirelessly to
organize the initiative and who worked alongside the Volunteer Teams to plant 12,500
American flags along the streets of Trophy Club; and
WHEREAS, the work of the Team Captains and Volunteer Teams in planting
American flags created a patriotically inspiring and unforgettable sight within the Town
by lining all streets and neighborhoods with American Flags; and
WHEREAS, the members of Town Council of the Town of Trophy Club, Texas
wish to express their sincere gratitude to the Team Captains and Volunteer Teams of
the 2012 July 4th Stars and Stripes flagging initiative.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB:
Section 1. That the members of the Town Council of the Town of Trophy Club,
Texas hereby recognize and express their sincere appreciation to the many members of
the Volunteer Teams who spent time and energy planting American Flags within the
Town of Trophy Club and who played an integral role in creating the memorable display
of American Flags with the July 4, 2012 Stars and Strips flagging initiative.
Section 2. Further, that the members of the Town Council of the Town of Trophy
Club, Texas hereby express their heartfelt gratitude to the following individuals who
served as Team Captains of the 2012 July 4th Stars and Stripes flagging initiative for
their contribution making the July 4, 2012 Celebration a sight to remember.
Team Captains
Dave Abdulky Joyce Frey Michelle Reed
DeDe Brady Lourdes Hassler Pam Rost
Kathy Carlton Larry Hoover Mike Stapleton
Dan Donagan Bert Miller Danny Thomas
Libby Eddins Trish Myers Jeannette Tiffany
Shirly Forgan Nancy Payton Kathy Trotter
Sally Freeman Jennifer Rauch
Town Council Page 10 of 108 Meeting Date: July 16, 2012
PASSED and APPROVED by the Town Council of the Town of Trophy Club,
Texas on this 16th day of July, 2012.
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
Town Council Page 11 of 108 Meeting Date: July 16, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-292-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:6/25/2012 Town Council
On agenda:Final action:7/16/2012
Title:Consider and take appropriate action regarding the Minutes dated June 18, 2012.
Attachments:June 18 2012 Minutes.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Minutes dated June 18, 2012.
Town Council Page 12 of 108 Meeting Date: July 16, 2012
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, June 18, 2012 at 6:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, June 18,
2012. The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Glenn Strother Mayor Pro Tem
Bill Rose Council Member
Jeannette Tiffany Council Member
Danny Mayer Council Member
Clint Schroeder Council Member
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Shannon DePrater Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Michael Aguilera Finance Director
Carolyn Huggins Community Development Director
April Reiling PIO/Marketing Manager
Mayor White announced the date of June 18, 2012, called the meeting to order and announced a quorum
at 6:04 p.m.
WORKSHOP SESSION
Mayor White moved the following item forward:
2. Discussion of Storm Drainage Fund Strategy.
Town Manager Slye presented the Council with the Storm Drainage Fund Strategy and addressed
questions from Council. Slye also used this opportunity to receive feedback from the Council regarding
direction for Storm Drainage for the FY 2012-13 Budget.
Presentation included in the minutes.
1. Discussion of Allied Waste/Republic Services' Regional Contract Proposal.
Jeri Harwell, Allied Waste/Republic Services, addressed the Town Council regarding a proposed
Regional Contract between the Town of Trophy Club and the City of Roanoke. Ms. Harwell asked for
Council’s feedback and thoughts relating to moving towards carts.
Town Council Page 13 of 108 Meeting Date: July 16, 2012
3. Discussion of agenda items posted for consideration on the Regular Session Council Agenda
for June 18, 2012.
4. Discussion of proposed agenda items for the July 16, 2012 Regular Session Agenda.
Mayor White called a short break.
CONVENE INTO REGULAR SESSION – 7:20 p.m.
The Invocation was offered by Finance Director Michael Aguilera.
The Pledges were led by Community Development Director Carolyn Huggins.
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.
The following citizens made presentations to the Town Council:
• Patricia Jayne Keefer, 216 Fresh Meadow Drive, addressed the Council regarding storm drain issues
throughout the Town of Trophy Club.
• Deb Derderian, 2428 Lilyfield Drive, addressed the Council in support of her neighbors regarding the
disruption of the baseball field lighting.
• Delores Ziluca, 2412 Lilyfield Drive, addressed the Council regarding the property value of her home
because of the baseball field positioning and lighting.
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.
5. Consider and take appropriate action regarding the Minutes dated June 2, 2012 (Council
Retreat).
6. Consider and take appropriate action regarding the Minutes dated June 4, 2012.
7. Consider and take appropriate action regarding necessary amendments to financial institution
documents naming authorized representatives on the First Financial Bank and TexPool
signature accounts.
Motion made by Council member Mayer, seconded by Council member Tiffany, to approve the consent
agenda as submitted. Motion carried unanimously.
Town Council Page 14 of 108 Meeting Date: July 16, 2012
REGULAR SESSION
8. Consider and take appropriate action regarding approval of a Final Plat for Waters Edge at
Hogan’s Glen, Phase 2B-2, consisting of 6 residential lots and 2 common area lots for a total
of 3.913 acres, located in Planned Development No. 22.
A. Subdivider's Agreement - Consider and take appropriate action regarding a Subdivider's
Agreement between the Town and BDMR Development, LLC for Waters Edge at Hogan's
Glen, Phase 2B-2; and authorizing the Mayor or her designee to execute all necessary
documents.
Motion made by Council member Rose, seconded by Council member Schroeder, to approve the Final
Plat for Waters Edge at Hogan’s Glen, Phase 2B-2, and also, and the Subdivider's Agreement between
the Town and BDMR Development, LLC for Waters Edge at Hogan's Glen, Phase 2B-2; and authorizing
the Mayor or her designee to execute all necessary documents. Motion carried unanimously.
9. Consider and take appropriate action regarding approval of a Final Plat for Canterbury Hills,
Phase 1A (11.165 acres) located out of the M. Medlin Survey, Abstract No. 832 in the Town of
Trophy Club, Denton County, Texas.
A. Subdivider's Agreement - Consider and take appropriate action regarding a Subdivider's
Agreement between the Town and BDMR Development, LLC for Canterbury Hills, Phase
1A; and authorizing the Mayor or her designee to execute all necessary documents.
Motion made by Council member Tiffany, seconded by Council member Strother, to approve the Final
Plat for Canterbury Hills, Phase 1A (11.165 acres) located out of the M. Medlin Survey, Abstract No. 832
in the Town of Trophy Club, Denton County, Texas and the Subdivider's Agreement between the Town
and BDMR Development, LLC for Canterbury Hills, Phase 1A; and authorizing the Mayor or her designee
to execute all necessary documents. Motion carried unanimously.
10. Consider and take appropriate action regarding Change Order #2 and Change Order #3 to the
Roundabout road construction project regarding a merge lane from Village Trail onto Trophy
Lake Drive; and authorizing the execution of necessary documents.
Town Manager Slye explained the concern regarding those entering Trophy Lake Drive from Village Trail
to create a merge lane. Slye and MUD District Manager Jennifer McKnight met with Commissioner Eads
earlier today and Eads is comfortable that this change order would be considered part of the current
roundabout project. Slye expressed his concern whether or not this change order is prudent for spending
the monies for this project.
Slye stated that the Staff recommendation is to deny the change order, be prudent with the community
funds for this project, increase the amount of surplus for the project, and create more goodwill with
Denton County.
Motion made by Council member Mayer, seconded by Council member Rose, to reject Change Order #2
and Change Order #3 to the Roundabout road construction project regarding a merge lane from Village
Trail onto Trophy Lake Drive. Motion carried 5-1 with Mayor White, council members Rose, Tiffany,
Schroeder and Mayer voting for and Mayor Pro Tem Strother abstaining. An abstention under the current
Charter is a negative vote.
Town Council Page 15 of 108 Meeting Date: July 16, 2012
11. Briefing of Independence East Development, Zoning Requirements and related matters;
discussion of same.
Town Manager Slye addressed the Council and explained that he asked Community Development
Director Carolyn Huggins to give the Council a brief presentation of the Independence East Development
history, including zoning requirements and related matters.
Huggins presented a time line of events of Independence East and addressed questions from Council.
The following citizens made presentations to the Town Council regarding Independence East
development, drainage, lighting, and buffer zone:
• Scott Folley, 2407 Lilyfield Drive
• Mark Angeli, 2413 Lilyfield Drive
• Mike Fitzgerald, 2421 Lilyfield Drive
• Sue Fitzgerald, 2421 Lilyfield Drive
• Andrew Patton, 2409 Lilyfield Drive
• Mike Buck, 2401 Lilyfield Drive
• Julie Folley, 2407 Lilyfield Drive
• Sherry Thiltgen, 2411 Lilyfield Drive
Mayor White and Town Manager Slye addressed concerns raised by the citizens. Slye asked the citizens
for their suggestions. Citizen suggestions included increasing the height of the wall, more plants, and
relocating the utilities behind the wall to plant more trees.
Discussion only; no action taken.
Presentation included in the minutes.
12. Consider and take appropriate action regarding an Ordinance amending Chapter 8
“Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances Defined” to further limit
hours and holidays when construction is allowed within the Town and identifying appropriate
Town personnel for permit issuance; providing for a penalty for each offense, and providing
an effective date.
Motion made by Council member Schroeder, seconded by Council member Tiffany, to approve an
Ordinance amending Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances
Defined” to further limit hours and holidays when construction is allowed within the Town and identifying
appropriate Town personnel for permit issuance; providing for a penalty for each offense, and providing
an effective date.
Larry Hoover, 118 Berkshire Court addressed the Council, stating he is against the amendment to the
Ordinance and asked that the motion be rescinded and this item be tabled to allow for clarifications be
made to the Ordinance regarding homeowner residential work.
Staff clarified that in the current ordinance #9 of Section 1.01 provides for homeowners’ residential hours
of construction; with approval of this amendment request, this section will be changed to #10 of Section
1.01.
Motion carried unanimously.
Town Council Page 16 of 108 Meeting Date: July 16, 2012
13. Consider and take appropriate action regarding financial and variance report dated May 2012.
Motion made by Council member Rose, seconded by Council member Tiffany, to approve financial and
variance report dated May 2012 as amended. Motion carried unanimously.
14. Town Council Liaison Updates; discussion of same:
- EDC 4B June 11, 2012 meeting; Mayor Pro Tem Strother
Mayor Pro Tem Strother updated the Council and addressed questions. No action taken, update only.
15. Town Manager Slye's update regarding the following; discussion of same.
- Transportation
- Distinguished Budget Presentation Award
- Park Improvements
- TML IEBP Board Meeting - June 26-29, 2012
Town Manager Slye updated the Council and addressed questions. No action taken, update only.
16. Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
- June 5, 2012 Chamber Luncheon
- June 13, 2012 Northwest Communities Partnership Meeting
- June 15, 2012 Mayor's Roundtable
- June 15, 2012 NCTCOG 46th Annual General Assembly Meeting
The Mayor and Council members gave a brief update of the meetings they attended since the last
Council meeting. No action taken, update only.
17. Items for Future Agendas.
This item allows Council to request the placement of items on upcoming agendas when the topic of
discussion requires research and review that cannot be accomplished in the time frame between regular
Council meetings. However, a Council Member may request that an item be placed on the next regularly
scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda
items must comply with Charter requirements.
1. Consider and take appropriate action regarding procurement policies and their alignment with State
statutes. (Rose, 2/1/10)
2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and
Production (Rose, 4/26/10)
3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes
from the developer. (Stotts, 10/4/10)
4. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout
the Town. (White, 2/24/2011)
5. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and
political signs) (White and Cantrell, 5/2/2011)
6. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011)
7. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011)
8. Consider and take appropriate action regarding splash pad options at Harmony Park, including
input/direction from Council to Staff to start construction and have available next summer. (Strother,
8/1/2011)
Town Council Page 17 of 108 Meeting Date: July 16, 2012
9. Consider and take appropriate action regarding the possibility of erecting a marquee at the North
entrance of the Town and asking the MUD and/or developers to help with the funding. (Cantrell,
11/14/2011)
10. Consider and take appropriate action regarding Food Prep Carts for sporting events and special
events and to review/update Park Policies (Cantrell, 5/7/2012)
Council member Schroeder asked that a review of #9 of Chapter 8 “Nuisances”, Article I “Noise
Nuisances”, Section 1.01 “Nuisances Defined” be placed on the future agenda items list.
ADJOURN
Motion made by Council member Rose, seconded by Council member Schroeder to adjourn. Motion
carried unanimously. Meeting adjourned at 10:42 p.m.
___________________________________ ___________________________________
Shannon DePrater, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 18 of 108 Meeting Date: July 16, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-318-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:7/10/2012 Town Council
On agenda:Final action:7/16/2012
Title:Consider and take appropriate action regarding an Interlocal Cooperation Agreement for Tax
Collection between Denton County and the Town of Trophy Club, and designating Michael Aguilera,
Director of Finance as the Liaison, and authorizing the Mayor or her designee to execute all
necessary documents.
Attachments:Town ICA - Tax Collection.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding an Interlocal Cooperation Agreement for Tax Collection between Denton
County and the Town of Trophy Club, and designating Michael Aguilera, Director of Finance as the Liaison, and
authorizing the Mayor or her designee to execute all necessary documents.
EXPLANATION:
This interlocal agreement is executed annually with Denton County. Denton County provides collection services for the
collection of the Town’s Ad Valorem Taxes. The terms of this Agreement are almost identical to the terms of the
agreement approved last year. The cost for the County to send notice of the Town’s ad valorem tax levy to property
owners has decreased from $0.71 per parcel to $0.67 per parcel.
TOWN COUNCIL GOAL(S):
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommends approval.
Town Council Page 19 of 108 Meeting Date: July 16, 2012
Page 1 of 11
INTERLOCAL COOPERATION AGREEMENT - TAX COLLECTION
THIS AGREEMENT is made and entered into this _____________________
day of ____________________ 2012, by and between DENTON COUNTY, a political
subdivision of the State of Texas, hereinafter referred to as "COUNTY," and, the
City/Town of THE TROPHY CLUB, Denton County, Texas, also a political
subdivision of the State of Texas, hereinafter referred to as "MUNICIPALITY."
WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to
the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation
Act, and V.T.C.A., Tax Code, Section 6.24 and 25.17 and;
WHEREAS, MUNICIPALITY has the authority to contract with the COUNTY
for the COUNTY to act as tax assessor and collector for MUNICIPALITY and
COUNTY has the authority to so act;
NOW THEREFORE, COUNTY and MUNICIPALITY, for and in
consideration of the mutual promises, covenants, and agreements herein contained, do
agree as follows:
I.
The effective date of this Agreement shall be the 1st day of October, 2012. The
term of this Agreement shall be for a period of one year, from October 1, 2012, to and
through September 30, 2013. This Agreement shall be automatically renewed for an
additional one (1) year term at the discretion of the COUNTY and MUNICIPALITY,
unless written notice of termination is provided by the terminating party to the other party
prior to one hundred-fifty (150) days of the expiration date of the current term of the
Agreement.
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II.
For the purposes and consideration herein stated and contemplated, COUNTY
shall provide the following necessary and appropriate services for MUNICIPALITY to
the maximum extent authorized by this Agreement, without regard to race, sex, religion,
color, age, disability, or national origin:
1. COUNTY, by and through its duly qualified tax assessor-collector, shall
serve as tax assessor-collector for MUNICIPALITY for ad valorem tax collection for
tax year 2012, and each tax year for the duration of this Agreement. COUNTY agrees to
perform all necessary ad valorem assessing and collecting duties for MUNICIPALITY
and MUNICIPALITY does hereby expressly authorize COUNTY to do and perform all
acts necessary and proper to assess and collect taxes for MUNICIPALITY. COUNTY
agrees to collect base taxes, penalties, interest, and attorney's fees.
2. COUNTY agrees to prepare and mail all tax statements; provide monthly
collection reports to MUNICIPALITY; prepare tax certificates; develop and maintain
both current and delinquent tax rolls; meet the requirements of Section 26.04 of the Texas
Tax Code; and to develop and maintain such other records and forms as are necessary or
required by State law, rules, or regulations.
3. COUNTY further agrees that it will calculate the effective tax rates and
rollback tax rates for MUNICIPALITY and that such calculations will be provided at no
additional cost to MUNICIPALITY. The information concerning the effective and
rollback tax rates will be published in the form prescribed by the Comptroller of Public
Accounts of the State of Texas, and as required by Section 26.04 of V.T.C.A. Tax Code.
MUNICIPALITY shall notify tax assessor-collector at least 7 days before
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MUNICIPALITY wishes publication of forms specified in this section. It is understood
and agreed by the parties that the expense of publication shall be borne by
MUNICIPALITY and that COUNTY shall provide MUNICIPALITY’s billing address
to the newspaper publishing the effective and rollback tax rates.
4. COUNTY agrees, upon request, to offer guidance and the necessary forms
for posting notices of required hearing and quarter-page notices as required by Sections
26.05 and 26.06 of V.T.C.A. Tax Code, if MUNICIPALITY requests such 7 days in
advance of the intended publication date. MUNICIPALITY must approve all
calculations and notices before publication may proceed. The accuracy and timeliness of
all required notices are the responsibility of MUNICIPALITY.
5. Should MUNICIPALITY vote to increase its tax rate above the rollback
tax rate the required publication of notices shall be the responsibility of
MUNICIPALITY.
6. COUNTY agrees to develop and maintain written policies and procedures
of its operation. COUNTY further agrees to make available full information about the
operation of the County Tax Office to MUNICIPALITY, and to promptly furnish
written reports to keep MUNICIPALITY informed of all financial information affecting
it.
7. MUNICIPALITY agrees to promptly deliver to COUNTY all records
that it has accumulated and developed in the assessment and collection of taxes, and to
cooperate in furnishing or locating any other information and records needed by
COUNTY to perform its duties under the terms and conditions of this Agreement.
Town Council Page 22 of 108 Meeting Date: July 16, 2012
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8. COUNTY agrees to allow an audit of the tax records of
MUNICIPALITY in COUNTY’S possession during normal working hours with at least
48 hours advance, written notice to COUNTY. The expense of any and all such audits
shall be paid by MUNICIPALITY. A copy of any and all such audits shall be furnished
to COUNTY.
9. If required by MUNICIPALITY, COUNTY agrees to obtain a surety
bond for the County Tax Assessor/Collector. Such bond will be conditioned upon the
faithful performance of the Tax Assessor/Collector’s lawful duties, will be made payable
to MUNICIPALITY and in an amount determined by the governing body of
MUNICIPALITY. The premium for any such bond shall be borne solely by
MUNICIPALITY.
10. COUNTY agrees that it will place at least quarter-page advertisements in
newspapers serving Denton County in January, 2013, as a reminder that delinquent tax
penalties will apply to all assessed taxes which are not paid by January 31, 2013. The
advertisements will be printed in each paper between January 5th and January 25th.
11. COUNTY agrees that it will post to a secure website collection reports for
MUNICIPALITY listing current taxes, delinquent taxes, penalties and interest on a daily
basis through September 30, 2013. COUNTY will provide monthly Maintenance and
Operation (hereinafter referred to as “MO”), and Interest and Sinking (hereinafter
referred to as “IS”) collection reports; provide monthly recap reports; and provide
monthly attorney fee collection reports.
Town Council Page 23 of 108 Meeting Date: July 16, 2012
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12. MUNICIPALITY retains its right to select its own delinquent tax
collection attorney and COUNTY agrees to reasonably cooperate with the attorney
selected by MUNICIPALITY in the collection of delinquent taxes and related activities.
13. MUNICIPALITY will provide COUNTY with a copy of their current tax
collection attorney contract on or before each February 1st. MUNICIPALITY will
provide COUNTY with notice of any change in collection attorney on or before the
effective date of the new collection attorney contract.
III.
COUNTY hereby designates the Denton County Tax Assessor/ Collector to act
on behalf of the County Tax Office and to serve as Liaison for COUNTY with
MUNICIPALITY. The County Tax Assessor/Collector, and/or his/her designee, shall
ensure the performance of all duties and obligations of COUNTY; shall devote sufficient
time and attention to the execution of said duties on behalf of COUNTY in full
compliance with the terms and conditions of this Agreement; and shall provide
immediate and direct supervision of the County Tax Office employees, agents,
contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes,
terms and conditions of this Agreement for the mutual benefit of COUNTY and
MUNICIPALITY.
IV.
COUNTY accepts responsibility for the acts, negligence, and/or omissions
related to property tax service of all COUNTY employees and agents, sub-contractors
and /or contract laborers, and for those actions of other persons doing work under a
contract or agreement with COUNTY to the extent allowed by law.
Town Council Page 24 of 108 Meeting Date: July 16, 2012
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V.
MUNICIPALITY accepts responsibility for the acts, negligence, and/or
omissions of all MUNICIPALITY employees and agents, sub-contractors and/or
contract laborers, and for those of all other persons doing work under a contract or
agreement with MUNICIPALITY to the extent allowed by law.
VI.
MUNICIPALITY understands and agrees that MUNICIPALITY, its
employees, servants, agents, and representatives shall at no time represent themselves to
be employees, servants, agents, and/or representatives of COUNTY. COUNTY
understands and agrees that COUNTY, its employees, servants, agents, and
representatives shall at no time represent themselves to be employees, servants, agents,
and/or representatives of MUNICIPALITY.
VII.
For the services rendered during the 2012 tax year, MUNICIPALITY agrees to
pay COUNTY for the receipting, bookkeeping, issuing, and mailing of tax statements as
follows:
1. The current tax statements will be mailed by October 10th or as soon
thereafter as practical. The fee for this service will be a rate not to exceed Sixty-seven
Cents ($.67) per statement. In order to expedite mailing of tax statements the
MUNICIPALITY must adopt their 2012 tax rate by September 25, 2012. Failure of the
MUNICIPALITY to adopt a tax rate by September 25, 2012 will cause delay in timely
mailing of tax statements. Pursuant to Texas Property Tax Code §26.05 if the
MUNICIPALITY does not adopt a tax rate by September 30th the tax rate will be set at
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the lower of the effective tax rate calculated for that year or the tax rate adopted by the
MUNICIPALITY for the preceding tax year. Notwithstanding the provisions of the Tax
Code, if MUNICIPALITY fails to deliver the adopted tax rates (M&O and I&S) to the
Tax Assessor Collector by September 25, 2012, it may cause a delay in the publication
and release of tax statements.
2. COUNTY will mail an additional notice during the month of March
following the initial mailing provided that MUNICIPALITY has requested such a notice
on or before February 28th. The fee for this service will be a rate not to exceed Sixty-
seven Cents ($.67) per statement.
3. At least 30 days, but no more than 60 days, prior to April 1st, and
following the initial mailing, COUNTY shall mail a delinquent tax statement meeting the
requirements of Section 33.11 of the Texas Property Tax Code to the owner of each
parcel to the owner of each parcel having delinquent taxes. The fee for this service will
be a rate not to exceed Sixty-seven Cents ($.67) per statement
4. At least 30 days, but no more than 60 days, prior to July 1st, and following
the initial mailing, COUNTY will mail a delinquent tax statement meeting the
requirements of Section 33.07 of the Texas Property Tax Code will be mailed to the
owner of each parcel having delinquent taxes. The fee for this service will be a rate not
to exceed Sixty-seven Cents ($.67) per statement.
5. For accounts which become delinquent on or after June 1st, COUNTY
shall mail a delinquent tax statement meeting the requirements of Section 33.08 of the
Texas Property Tax Code to the owner of each parcel having delinquent taxes.
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6. In event of a successful rollback election which takes place after tax bills
for MUNICIPALITY have been mailed, MUNICIPALITY agrees to pay COUNTY a
programming charge of $5,000.00. COUNTY will mail corrected statements to the
owner of each parcel. COUNTY will charge a fee for this service will be a rate not to
exceed Sixty-seven Cents ($.67) per statement. When a refund is required per Property
Tax Code Section 26.07 (g), COUNTY will charge a $.25 processing fee per check, in
addition to the corrected statement mailing costs. Issuance of refunds, in the event of a
successful rollback election, will be the responsibility of the COUNTY.
MUNICIPALITY will be billed for the refunds, postage and processing fees.
7. MUNICIPALITY understands and agrees that COUNTY will bill
MUNICIPALITY following each mailing for which charges are permitted. Payment is
due upon receipt of the statement. If MUNICIPALITY fails to pay COUNTY for
mailing fees by the 61st day after billing, COUNTY will withhold the billed amount from
collections to satisfy the debt by authority of Section 6.27 of the Texas Property Tax
Code.
8. MUNICIPALITY further understands and agrees that COUNTY (at its
sole discretion) may increase or decrease the amounts charged to MUNICIPALITY for
any renewal year of this Agreement, provided that COUNTY gives written notice to
MUNICIPALITY sixty (60) days prior to the expiration date of the initial term of the
Agreement. Collection rates are established annually by a survey of costs conducted by
the County Budget Office. The collection rate for each year is approved by County
Commissioners’ Court. All entities are assessed the same per parcel collection rate.
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VIII.
COUNTY agrees to remit all taxes, penalties, and interest collected on
MUNICIPALITY's behalf and to deposit such funds into the MUNICIPALITY’s
depositories as designated:
1. For deposits of tax, penalties, and interest, payment shall be by wire
transfer or by check sent by mail to MUNICIPALITY's depository accounts only, and
segregated into the appropriate MO and IS accounts.
2. If MUNICIPALITY uses the same depository as COUNTY, the deposits
of tax, penalty and interest shall be by deposit transfer.
3. In anticipation of renewal of this Agreement, COUNTY further agrees
that deposits will be made daily through September 30, 2013. It is expressly understood,
however, that this obligation of COUNTY shall not survive termination of this
Agreement, whether by termination by either party or by failure of the parties to renew
this Agreement.
IX.
In the event of termination, the withdrawing party shall be obligated to make such
payments as are required by this Agreement through the balance of the tax year in which
notice is given. COUNTY shall be obligated to provide services pursuant to this
Agreement, during such period.
X.
This Agreement represents the entire agreement between MUNICIPALITY and
COUNTY and supersedes all prior negotiations, representations, and/or agreements,
either written or oral. This Agreement may be amended only by written instrument
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signed by the governing bodies of both MUNICIPALITY and COUNTY or those
authorized to sign on behalf of those governing bodies.
XI.
Any and all written notices required to be given under this Agreement shall be delivered
or mailed to the listed addresses:
COUNTY:
County Judge of Denton County
110 West Hickory
Denton, Texas 76201
Telephone 940-349-2820
MUNICIPALITY:
The City/Town of THE TROPHY CLUB
100 MUNICIPAL
THE TROPHY CLUB, TEXAS 76262
Telephone: 682-831-4512
Contact: LISA HENNEK
XII.
MUNICIPALITY hereby designates _____________________ to act on behalf
of MUNICIPALITY, and to serve as Liaison for MUNICIPALITY to ensure the
performance of all duties and obligations of MUNICIPALITY as stated in this
Agreement. MUNICIPALITY’s designee shall devote sufficient time and attention to
the execution of said duties on behalf of MUNICIPALITY in full compliance with the
terms and conditions of this Agreement; shall provide immediate and direct supervision
of the MUNICIPALITY employees, agents, contractors, subcontractors, and/or laborers,
if any, in the furtherance of the purposes, terms and conditions of this Agreement for the
mutual benefit of MUNICIPALITY and COUNTY.
Town Council Page 29 of 108 Meeting Date: July 16, 2012
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XIII.
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XIV.
The undersigned officers and/or agents of the parties are the properly authorized
officials and have the necessary authority to execute this agreement on behalf of the
parties. Each party hereby certifies to the other that any resolutions necessary for this
Agreement have been duly passed and are now in full force and effect.
Executed in duplicate originals this, ___________day of _______________ 2012.
COUNTY MUNICIPALITY
Denton County City/Town of THE TROPHY CLUB
110 West Hickory 100 MUNICIPAL
Denton, Texas 76201 THE TROPHY CLUB, TEXAS 76262
BY:___________________________ BY:__________________________
Honorable Mary Horn Name:________________________
Denton County Judge Title: _________________________
ATTEST: ATTEST:
BY:____________________________ BY:__________________________
Cynthia Mitchell Name_________________________
Denton County Clerk Title__________________________
APPROVED FORM AND CONTENT: APPROVED AS TO FORM:
_______________________________ ______________________________
Steve Mossman John Feldt
Denton County Denton County
Tax Assessor/Collector Assistant District Attorney
Town Council Page 30 of 108 Meeting Date: July 16, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-320-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:7/10/2012 Town Council
On agenda:Final action:7/16/2012
Title:Consider and take appropriate action regarding an Interlocal Cooperation Agreement for Assessment
Collection between Denton County and the Town of Trophy Club Public Improvement District (PID) #1
Emergency Services, and designating Michael Aguilera, Director of Finance as the Liaison, and
authorizing the Mayor or her designee to execute the Agreement.
Attachments:PID ICA - Emergency Services.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding an Interlocal Cooperation Agreement for Assessment Collection between
Denton County and the Town of Trophy Club Public Improvement District (PID) #1 Emergency Services, and designating
Michael Aguilera, Director of Finance as the Liaison, and authorizing the Mayor or her designee to execute the
Agreement.
EXPLANATION:
This interlocal is executed annually with Denton County. Denton County provides collection services for the PID
Emergency Services Assessment. The terms of the Agreement are almost identical to the terms of the agreement
approved last year. The cost for the County to send notice of assessment to property owners has decreased from $0.71
per parcel to $0.67 per parcel. The total cost last year for emergency services assessment notices was approximately
$750.00. While the cost has decreased this year, the number of parcels has increased. The PID Administrator will
confirm the total number of parcels with Denton County and the Town will be invoiced for those costs.
TOWN COUNCIL GOAL(S):
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommends approval.
Town Council Page 31 of 108 Meeting Date: July 16, 2012
Page 1 of 12
INTERLOCAL COOPERATION AGREEMENT –TAX COLLECTION
THIS AGREEMENT is made and entered into this __________ day of
_____________ 2012, by and between DENTON COUNTY, a political subdivision
of the State of Texas, hereinafter referred to as "COUNTY," and Trophy Club PID #1,
Emerg Services, Denton County, Texas, also a political subdivision of the State of Texas
operating under Chapter 775, Texas Health & Safety Code, hereinafter referred to as
"DISTRICT."
WHEREAS, COUNTY and DISTRICT mutually desire to be subject to the
provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act,
and V.T.C.A., Tax Code, Section 6.24; and
WHEREAS, Section 775.074(e) states the Denton County Tax Assessor-
Collector is the ad valorem tax assessor-collector for the DISTRICT;
NOW THEREFORE, COUNTY and DISTRICT, for and in consideration of
the mutual promises, covenants, and agreements herein contained, do agree as follows:
I.
The effective date of this Agreement shall be the 1st day of October 2012. The
term of this Agreement shall be for the period from for a period of one year from,
October 1, 2012 to and through September 30, 2013. This Agreement shall be
automatically renewed for multiple, additional one (1) year terms at the discretion of the
COUNTY and DISTRICT, unless written notice of termination is provided by the
terminating party to the other party prior to one hundred-fifty (150) days of the expiration
date of the current term of the Agreement.
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Page 2 of 12
II.
For the purposes and consideration herein stated and contemplated, COUNTY
shall provide the following necessary and appropriate services for DISTRICT to the
maximum extent authorized by this Agreement, without regard to race, sex, religion,
color, age, disability, or national origin:
1. COUNTY, by and through its duly qualified tax assessor-collector, shall
serve as tax assessor-collector for DISTRICT for ad valorem tax collection for tax year
2012, and each subsequent tax year for the duration of this Agreement. COUNTY agrees
to perform all necessary ad valorem assessing and collecting duties for DISTRICT and
DISTRICT does hereby expressly authorize COUNTY to do and perform all acts
necessary and proper to assess and collect taxes for DISTRICT. COUNTY agrees to
collect base taxes, penalties, interest, and attorney's fees.
2. COUNTY agrees to prepare and mail all tax statements; provide monthly
collection reports to DISTRICT; prepare tax certificates; develop and maintain both
current and delinquent tax rolls; meet the requirements of Section 26.04 of the Texas
Property Tax Code; and to develop and maintain such other records and forms as are
necessary or required by State law, rules, or regulations.
3. COUNTY further agrees that it will calculate the effective tax rates and
rollback tax rates for DISTRICT and that such calculations will be provided at no
additional cost to DISTRICT. The information concerning the effective and rollback tax
rates will be published in the form prescribed by the Comptroller of Public Accounts of
the State of Texas, and as required by Section 26.04 of V.T.C.A. Tax Code. DISTRICT
shall notify tax assessor-collector at least 7 days before DISTRICT wishes publication of
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forms specified in this section. It is understood and agreed by the parties that the expense
of publication shall be borne by DISTRICT and that COUNTY shall provide
DISTRICT’s billing address to the newspaper publishing the effective and rollback tax
rates.
4. COUNTY agrees, upon request, to offer guidance and the necessary forms for
posting notices of required hearing and quarter-page notices as required by Sections
26.05 and 26.06, Tax Code, if DISTRICT requests such 7 days in advance of the
intended publication date. DISTRICT must approve all calculations and notices before
publication may proceed. The accuracy and timeliness of all required notices are the
responsibility of DISTRICT.
5. Should DISTRICT vote to increase its tax rate above the rollback tax rate
the required publication of notices shall be the responsibility of DISTRICT.
6. COUNTY agrees to develop and maintain written policies and procedures
of its operation. COUNTY further agrees to make available full information about the
operation of the County Tax Office to DISTRICT, and to promptly furnish written
reports to keep DISTRICT informed of all financial information affecting it.
7. DISTRICT agrees to promptly deliver to COUNTY all records that it has
accumulated and developed in the assessment and collection of taxes, and to cooperate in
furnishing or locating any other information and records needed by COUNTY to perform
its duties under the terms and conditions of this Agreement.
8. COUNTY agrees to allow an audit of the tax records of DISTRICT in
COUNTY’S possession during normal working hours with at least 48 hours advance,
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written notice to COUNTY. The expense of any and all such audits shall be paid by
DISTRICT. A copy of any and all such audits shall be furnished to COUNTY.
9. If required by DISTRICT, COUNTY agrees to obtain a surety bond for
the County Tax Assessor/Collector. Such bond will be conditioned upon the faithful
performance of the Tax Assessor/Collector’s lawful duties, will be made payable to
DISTRICT and in an amount determined by the governing body of DISTRICT. The
premium for any such bond shall be borne solely by DISTRICT.
10. COUNTY agrees that it will place at least quarter-page advertisements in
newspapers serving Denton County in January, 2013, as a reminder that delinquent tax
penalties will apply to all assessed taxes which are not paid by January 31, 2013. The
advertisements will be printed in each paper between January 5th and January 25th.
11. COUNTY agrees that it will post to a secure website collection reports for
DISTRICT listing current taxes, delinquent taxes, penalties and interest on a daily basis
through September 30, 2013. COUNTY will provide monthly Maintenance and
Operation (hereinafter referred to as “MO”), and Interest and Sinking (hereinafter
referred to as “IS”) collection reports; provide monthly recap reports; and provide
monthly attorney fee collection reports.
12. DISTRICT retains its right to select its own delinquent tax collection
attorney and COUNTY agrees to reasonably cooperate with the attorney selected by
DISTRICT in the collection of delinquent taxes and related activities.
13. DISTRICT will provide COUNTY with a copy of their current tax
collection attorney contract on or before each February 1st. DISTRICT will provide
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COUNTY with notice of any change in collection attorney on or before the effective date
of the new collection attorney contract.
III.
COUNTY hereby designates the Denton County Tax Assessor/ Collector to act
on behalf of the County Tax Office and to serve as Liaison for COUNTY with
DISTRICT. The County Tax Assessor/Collector, and/or his/her designee, shall ensure
the performance of all duties and obligations of COUNTY; shall devote sufficient time
and attention to the execution of said duties on behalf of COUNTY in full compliance
with the terms and conditions of this Agreement; and shall provide immediate and direct
supervision of the County Tax Office employees, agents, contractors, subcontractors,
and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this
Agreement for the mutual benefit of COUNTY and DISTRICT.
IV.
COUNTY accepts responsibility for the acts, negligence, and/or omissions
related to property tax service of all COUNTY employees and agents, sub-contractors
and/or contract laborers, and for those actions of other persons doing work under a
contract or agreement with COUNTY to the extent allowed by law.
V.
DISTRICT accepts responsibility for the acts, negligence, and/or omissions of all
DISTRICT employees and agents, sub-contractors and/or contract laborers, and for those
of all other persons doing work under a contract or agreement with DISTRICT to the
extent allowed by law.
Town Council Page 36 of 108 Meeting Date: July 16, 2012