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Agenda Packet TC 04/22/2013Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:30 PMMonday, April 22, 2013 CALL TO ORDER AND ANNOUNCE A QUORUM WORKSHOP SESSION 1.2013-259-T Presentation by 2011 Youth Citizen of the Year Megan Rodgers and Friends regarding the Roanoke Food Pantry; discussion of same. 2.2013-235-T Recognition of the 2012 Citizen of the Year nominees and announce the recipients; discussion of the same. 3.2013-236-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for April 22, 2013. 4.2013-237-T Discussion of proposed agenda items for the May 6, 2013 Regular Session. 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. 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. PROCLAMATIONS Town of Trophy Club Town Council 1 of 124 April 22, 2013 April 22, 2013Town Council Meeting Agenda 5.2013-241-T Consider and take appropriate action regarding a Proclamation Proclamining the month of May as Motorcycle Safety and Awareness Month. 01ProclamationMotorcycleSafety.pdfAttachments: 6.2013-243-T Consider and take appropriate action regarding a Proclamation declaring May 2, 2013 as the National Day of Prayer. 03ProclamationNatlDayPrayer.pdfAttachments: 7.2013-242-T Consider and take appropriate action regarding a Proclamation declaring April 26, 2013 as Arbor Day. 02ProclamationArborDay.pdfAttachments: 8.2013-244-T Consider and take appropriate action regarding a Proclamation declaring May 6 - May 12, 2013 as National Nurses Week. 04ProclamationNursesWeek.pdfAttachments: 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. 9.2013-238-T Consider and take appropriate action regarding the Minutes dated April 8, 2013. tcm 4-8-13.pdfAttachments: 10.2013-240-T Consider and take appropriate action regarding a Resolution authorizing continued participation with the Steering Committee of Cities served by Oncor and authorizing the payment of $0.10 per capita to the Steering Committee to fund regulatory and related activities related to Oncor Electric Delivery Company, LLC.; and provding an effective date. Staff Report - Steering Committee.pdf Res 2013-06 Oncor.pdf ListofMembers.pdf City of Trophy Club invoice.pdf Attachments: Town of Trophy Club Town Council 2 of 124 April 22, 2013 April 22, 2013Town Council Meeting Agenda 11.2013-239-T Consider and take appropriate action regarding a Resolution authorizing the Town of Trophy Club's continued participation with Atmos Cities Steering Committee (ACSC); authorizing the payment of the Town's 2013 assessment to ACSC in the amount of five ($.05) per capita in order to fund regulatory and other activities related to Oncor Electric Delivery Company, LLC.; and providing an effective date. Staff Report - Atmos Steering Committee.pdf Res 2013-07.pdf 2013 Assessment Memo.pdf List of ACSC Cities - Updated 03.07.13.pdf City of Trophy Club.pdf Attachments: 12.2013-256-T Consider and take appropriate action regarding necessary amendments to financial institution documents naming authorized Town representatives on First Financial and TexPool signature accounts. Staff Report - Signature Changes @ Bank.pdfAttachments: REGULAR SESSION 13.2013-248-T Consider and take appropriate action regarding an Ordinance amending Chapter 10, "Public Safety" of the Code of Ordinances by adding Article XIV, "Motorized Carts" to Chapter 10 in order to regulate the use and operation of golf carts upon public streets within the Town; providing for an amendment to the Town's Code of Ordinances; providing a penalty; and providing an effective date. Staff Report golf carts.pdf ORD 2013-11 Amending Public Safety Golf Cart Ordinance - AGENDA DOCUMENT (2).pdf Attachments: 14.2013-246-T Consider and take appropriate action regarding acceptance of a Hazard Mitigation Action Plan grant; and authorizing the Town Manager or his designee to execute all necessary documents. Staff Report .pdf HMAPContract.pdf Signed State Award Letter.pdf Attachments: 15.2013-247-T Consider and take appropriate action regarding the adoption of a new Town Logo. StaffReport.pdf TC_logo.pdf 2013 Logo Rebranding Cost.pdf Attachments: Town of Trophy Club Town Council 3 of 124 April 22, 2013 April 22, 2013Town Council Meeting Agenda 16.2013-249-T Provide an informational update regarding a master sidewalk plan for Indian Creek Street rehabilitation project; discussion of same (no action). Staff Report - Example.doc.pdf 2013-04-22-Mtg with Town of Trophy Club.pdf Indian Creek Drive Sidewalk Exhibit.pdf Attachments: 17.2013-258-T Consider and take appropriate action regarding the award of a contract to Jamail & Smith Construction, for rehabilitation and construction services for the Police Department Facility; and authorizing the Town Manager to execute necessary documents. Staff Report 4-22-13 Agenda.pdf Jamail Smith Trophy Club Report.pdf Proposal - Trophy Club PD Renovation.pdf Attachments: 18.2013-245-T Consider and take appropriate action regarding March 2013 Monthly Financials. March 2013 Financials.pdfAttachments: 19.2013-250-T Town Council Liaison Updates; EDC 4B Meeting; Mayor Pro Tem Strothers and discussion of same. 20.2013-251-T Town Manager Slye's update regarding the following, and discussion of same: - Feasability Study RFQ, TIF RFQ - TML IEBP Meeting April 24th - 26th 21.2013-254-T Items for Future Agendas. FutureAgendaItemList.pdfAttachments: EXECUTIVE SESSION Town of Trophy Club Town Council 4 of 124 April 22, 2013 April 22, 2013Town Council Meeting Agenda 22.2013-255-T Pursuant to Texs Government Code, Annotated, Chapter 551, Council will convene into Closed Executive Session as authorized by: A. Section 551.071 “Consultation with Attorney” for consultation with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (2)). (1) Water and wastewater services; terms of interlocal agreement regarding lease and conveyance of utility system assets and provision of retail water and wastewater services, approval and parameters of representation, and related matters. B. Section 551.074 to deliberate the appointment, employment evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: (1) Annual evaluation of Town Manager, Mike Slye. RECONVENE INTO REGULAR SESSION 23.2013-257-T To reconvene in Regular Session and take any action necessary as a result of the Closed Session. 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 4-19-13 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. Amy Piukana, TRMC 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 ______________________, 2013. ________________________________, Title: ___________________________ Town of Trophy Club Town Council 5 of 124 April 22, 2013 April 22, 2013Town Council Meeting Agenda Town of Trophy Club Town Council 6 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-259-T Name: Status:Type:Resolution Draft File created:In control:4/18/2013 Town Council On agenda:Final action:4/22/2013 Title:Presentation by 2011 Youth Citizen of the Year Megan Rodgers and Friends regarding the Roanoke Food Pantry; discussion of same. Attachments: Action ByDate Action ResultVer. Title Presentation by 2011 Youth Citizen of the Year Megan Rodgers and Friends regarding the Roanoke Food Pantry; discussion of same. Town of Trophy Club Town Council 7 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-235-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Recognition of the 2012 Citizen of the Year nominees and announce the recipients; discussion of the same. Attachments: Action ByDate Action ResultVer. Title Recognition of the 2012 Citizen of the Year nominees and announce the recipients; discussion of the same. Town of Trophy Club Town Council 8 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-236-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for April 22, 2013. Attachments: Action ByDate Action ResultVer. Title Discussion of agenda items posted for consideration on the Regular Session Council Agenda for April 22, 2013. Town of Trophy Club Town Council 9 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-237-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Discussion of proposed agenda items for the May 6, 2013 Regular Session. Attachments: Action ByDate Action ResultVer. Title Discussion of proposed agenda items for the May 6, 2013 Regular Session. Town of Trophy Club Town Council 10 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-241-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Consider and take appropriate action regarding a Proclamation Proclamining the month of May as Motorcycle Safety and Awareness Month. Attachments:01ProclamationMotorcycleSafety.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding a Proclamation Proclamining the month of May as Motorcycle Safety and Awareness Month. Town of Trophy Club Town Council 11 of 124 April 22, 2013 ~o-(/l'an0a~i-o-n Motorcycle Safety and Awareness WHEREAS, today's society is finding more citizens involved in motorcycling on the roads of our cOW1try; and WHEREAS, motorcyclists are roughly W1protected and therefore more prone to injury or death in a crash than other vehicle drivers; and WHEREAS, campaigns have helped inform riders and motorists alike on motorcycle safety issues to reduce motorcycle related risks, injuries, and, most of all, fatalities, though a comprehensive approach to motorcycle safety; and WHEREAS, it is the responsibility of all who put themselves behind the wheel, to become aware of motorcyclists, regarding them \-'lith the same respect as any other vehicle traveling the highways of this cOW1try; and it is the responsibility of riders and motorists alike to obey all traffic laws and safety rules; and WHEREAS, urging all citizens of our community to become aware of the inherent danger involved in operating a motorcycle, and for riders and motorists alike to give each other the mutual respect they deserve; NOW, THEREFORE, I, Connie White, Mayor of the Town of Trophy Club, Texas, on behalf of the entire Town CoW1cil do hereby declare the month of May, 2013 as National Motorcycle Scifety and Awareness Month in the Town of Trophy Club to coincide with National Motorcycle Safety and Awareness Month, and urge all residents to do their part to increase safety and awareness in our commW1ity. Mayor Connie White Town of Trophy Club Town Council 12 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-243-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Consider and take appropriate action regarding a Proclamation declaring May 2, 2013 as the National Day of Prayer. Attachments:03ProclamationNatlDayPrayer.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding a Proclamation declaring May 2, 2013 as the National Day of Prayer. Town of Trophy Club Town Council 13 of 124 April 22, 2013 ~oo/a?n/aC~o~ May 2,2013 AS DAY OF PRAYER IN TROPHY CLUB WHEREAS, public prayer and national days of prayer have a long and significant history in American tradition dating back to the first call to prayer in 1775 when the Continental Congress asked the colonies to pray for wisdom in forming a nation; and WHEREAS, in 1952 the Congress of the United States by a joint resolution enacted legislation setting aside an annual day of prayer for the nation, and in 1988 this law was amended permanently setting the day as the first Thursday of every May; and WHEREAS, the National Day of Prayer enables us to recall and teach the way in which our forefathers sought the wisdom of God when faced with critical decisions, thus reaffirming the spiritual principles upon which this nation was founded; and WHEREAS, in these trying times, when the world is so unsettled and when many of our brave citizens and members of the military are far from home, making great sacrifices and defending freedom for those abroad and those here at home, we humbly ask God for their protection and pray for peace throughout the world; and WHEREAS, on this day Americans across our nation and state will join in united prayer to acknowledge our dependence on God, to give Him thanks for blessings received, to request healing for wounds endured, and to seek His gUidance for our leaders and His grace and protection upon us as a people and a nation; WHEREAS, this year is the 62 nd anniversary of the consecutive annual observance of the National Day of Prayer, and its theme being "Pray for America", based on Matthew 12: 21 which says "In His name the nations will put their hope"; NOW, THEREFORE, I, Connie White, in conjunction with the Town Council of the Town of Trophy Club, Texas by the Po\-ver vested in me as Mayor of Trophy Club, hereby proclaim Thursday, May 2,2013, as a DAY OF PRAYER in Trophy Club to coincide with the NA TIONAL DA Y OF PM YER and that this proclamation shall take effect from and after its date of passage, in accordance with law; and it is so proclaimed. Town of Trophy Club Town Council 14 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-242-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Consider and take appropriate action regarding a Proclamation declaring April 26, 2013 as Arbor Day. Attachments:02ProclamationArborDay.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding a Proclamation declaring April 26, 2013 as Arbor Day. Town of Trophy Club Town Council 15 of 124 April 22, 2013 ~O'oh~a~i-O'n Arbor Day WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a speCial day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS, 2013 is the 141 'I anniversary of the holiday and Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community, and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Connie White, Mayor of the Town of Trophy Club, Texas, on behalf of the Town Council do hereby urge all citizens to celebrate Saturday, April 27, 2013 as Arbor Day and to support efforts to protect our trees and woodlands and the well being of future generations. Mayor Connie White Town of Trophy Club Town Council 16 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-244-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Consider and take appropriate action regarding a Proclamation declaring May 6 - May 12, 2013 as National Nurses Week. Attachments:04ProclamationNursesWeek.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding a Proclamation declaring May 6 - May 12, 2013 as National Nurses Week. Town of Trophy Club Town Council 17 of 124 April 22, 2013 ~o(/h~cv?io:n National Nurses Week WHEREAS, the nearly 3 .1 million registered nurses in the United States comprise our nation's largest health care profession; and WHEREAS, the registered nursing profession meets the different and emerging health care needs of the American population in a wide range of settings; and WHEREAS, the American Nurses Association, as the voice for the registered nurses of this country, is working to chart a new course for a healthy nation that relies on increasing delivery of primary and preventative health care; and WHEREAS, a renewed emphasis on primary and preventative health care will require the better utilization of all our nation's registered nursing resources; and WHEREAS, professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of hospitalized patients; and WHEREAS, the demand for registered nursing services will be greater than ever because of the aging of the American population, the continuing expansion of life sustaining technology, and the explosive growth of home health care services; and WHEREAS, that more qualified registered nurses will be needed in the future to meet the increasingly complex needs of health care consumers in this community; and WHEREAS, the cost effective, safe and quality health care services provided by registered nurses will be an ever more important component of the U.S. Health Care delivery system in the future. NOW, THEREFORE, I, Connie White, Mayor of the Town of Trophy Club, Texas, on behalf of the entire Town Council do hereby declare the week of May 6-12 as NATIONAL NURSES WEEK with the theme Nurses: Advocating, Leading, Caring in celebration of . the ways in which registered nurses strive to provide safe and high quality patient care and map out the way to improve our health care svstem. Town of Trophy Club Town Council 18 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-238-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Consider and take appropriate action regarding the Minutes dated April 8, 2013. Attachments:tcm 4-8-13.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding the Minutes dated April 8, 2013. Town of Trophy Club Town Council 19 of 124 April 22, 2013 MINUTES FROM REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, April 8, 2013 at 5:45 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, April 8, 2013. 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 Bill Rose Council Member, Place 1 Jeannette Tiffany Council Member, Place 2 Clint Schroeder Council Member, Place 3 Danny Mayer Council Member, Place 4 Glenn Strother Mayor Pro Tem, Place 5 TOWN COUNCIL MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Patricia Adams Town Attorney Amy Piukana Town Secretary April Reiling Public Information Officer/Marketing Manager Michael Aguilera Finance Director Adam Adams Director Parks and Recreation Scott Kniffen Police Chief Danny Thomas Fire Chief Mayor White announced the date of April 8, 2013, called the Town Council to order and announced a quorum at 5:50 p.m. 1. Consider and take appropriate action regarding a Proclamation of the Town Council declaring April 25, 2013 as Parental Alienation Awareness Day, and calling citizens of Trophy Club to join others at noon on April 25, 2013 to blow bubbles for love. Mayor White read a proclamation declaring April 25, 2013 as Parental Alienation Awareness Day. Council Member Rose made a motion to approve a Proclamation of the Town Council declaring April 25, 2013 as Parental Alienation Awareness Day, and calling citizens of Trophy Club to join others at noon on April 25, 2013 to blow bubbles for love. Motion seconded by Council Member Schroeder. Motion approved by vote of 6-0. TOWN HALL - GOLF CART Town of Trophy Club Town Council 20 of 124 April 22, 2013 2. Town Hall Meeting Golf Cart Community – Council to host a Town Hall Meeting to receive Citizens input regarding the use of golf carts within the Town and a plan to become a golf cart community; Council to discuss and provide direction to staff regarding the same. Town Manager Mike Slye and Police Chief Scott Kniffen briefed Council regarding the proposed Golf Cart Ordinance. Police Chief Kniffen reviewed the State Statutes. Chief Kniffen expressed concerns with possible safety issues in regards to children riding in Golf Carts, the lack of seatbelt restraints and visibility of golf carts after dusk. There were approximately 40 residents that attended the Golf Cart Town Hall. The following citizens spoke in support of the proposed Golf Cart Ordinance: • Fred Allen • Melissa Pratt • Erika Lynch • Chris Clark • Austin Fox • John Barber • Mike Carlozzi • Terry Handley Council asked audience members for a show of hands in support of a Golf Cart Friendly Ordinance. The majority indicated by a hand vote they were in support. However; residents urged Council to allow parental discretion with children and seat belt enforcement. Council advised staff to amend and re-draft a Golf Cart friendly Ordinance to be presented at the April 22, 2013 Town Council Meeting. The Town Hall Meeting recessed at 7:16 p.m. CALL TO ORDER AND ANNOUNCE A QUORUM. CONVENE INTO REGULAR SESSION CONVENE INTO REGULAR SESSION – 7: 22 P.M. The invocation was given by Fire Chief Danny Thomas. The Pledge of Allegiance and Pledge to the Texas flag were led by Council Member Rose. 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. There were no citizens present that wished to speak. CONSENT AGENDA Town of Trophy Club Town Council 21 of 124 April 22, 2013 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. 3. Consider and take appropriate action approving Minutes dated March 1, 2013 and March 18, 2013. 4. Consider and take appropriate action approving an Amended Plat of Lots 1-20 and Common Area Lots 1A and 20A, Block J, being an 11.165 acre tract of land located out of the M. Medlin Survey, Abstract No. 832 in the Town of Trophy Club, Texas. 5. Consider and take appropriate action regarding a notice from the Public Utility Commission of Texas for a Consumer Price Index Adjustment to Municipal Telecommunications Right of Way Access Line Rates, and designating the Town Manager as the Town's authorized representative. Council Member Mayer made a motion to approve Consent Item No. 3-5, as presented. Motion seconded by Council Member Rose. Motion approved unanimously. REGULAR SESSION 6. Consider and take appropriate action regarding the adoption of the Audit and Financial Report dated March 29, 2013. The annual town audit for FY11-12 was conducted by a third party (Weaver and Tidwell) and lasted approximately two months. No instances of non-compliance were found, but the following were noted by the auditors: • Increased capital assets (infrastructure) to town by over $9.4 million by claiming PID Subdivider Agreements with developers. o Recommended the town improve capital asset controls by implementing formalized procedures over capital assets and improving communication between Finance and Community Development to ensure capital gains relating to Subdivider Agreements are appropriately reflected in annual audit. • Recommended the town evaluate the benefits of preparing its own financial statements at year end against the cost of a third party review. Council Member Rose made a motion to approve the adoption of the Audit and Financial Report dated March 29, 2013. Motion seconded by Council Member Mayor Pro Tem Strother. Motion approved by vote of 6-0. Next Item discussed was Agenda Item No. 10. 10. Consider and take appropriate action regarding the expenditure of 2008 Park Bond funds towards the installation of a playground located at the termination of Trophy Club Drive in an amount not to exceed $151,268.80; and authorizing the Town Manager to execute any necessary documents. Parks and Recreation Director Adam Adams briefed Council regarding the proposed new toddler playground. Town of Trophy Club Town Council 22 of 124 April 22, 2013 The following citizens spoke on this item: • Jamie Powell • Rachel Koch Council Member Schroeder made a motion to approve the expenditure of 2008 Park Bond funds towards the installation of a playground located at the termination of Trophy Club Drive in an amount not to exceed $151,268.80; and authorizing the Town Manager to execute any necessary documents. Motion seconded by Council Member Rose. Council Member Mayer expressed thanks to staff and the Parks Board for their assistance with this project. After noting an error in the agenda language not to exceed amount, Council Member Schroeder made a motion to amend the expenditure of 2008 Park Bond funds towards the installation of a playground located at the termination of Trophy Club Drive in an amount not to exceed $155,590.76; and authorize the Town Manager to execute any necessary documents. Motion seconded by Council Member Tiffany. Motion approved by vote of 6-0. Next Item discussed Item No. 7. 7. Consider and take appropriate action to accept the resignation of Planning & Zoning Commissioner Joe Lancor. Mr. Lancor explained to Council that he is unable to serve the remainder of his term due to travel requirements with his current employer. Council Member Rose made a motion to approve the resignation of Planning & Zoning Commissioner Joe Lancor. Motion seconded by Council Member Mayer. Council Member Rose made a motion to amend the motion to approve the resignation of Planning & Zoning Commissioner Joe Lancor with the effective date of April 30, 2013. Motion seconded by Council Member Mayer. Motion approved by vote of 6-0. Next Item discussed Item 8. 8. Consider and take appropriate regarding a Resolution No. 2013-05 amending Resolution No. 2012- 26 appointing citizens to serve on Town Boards, Commissions and Corporations in order to fill four vacant seats on the Planning and Zoning Commission for the remainder of the respective unexpired terms of those seats; designating a Chair and a Vice Chair, and providing an effective date. Town Manager Slye explained to Council that the Town received six (6) applications for the Planning & Zoning Commission and five (5) candidates were interviewed. Council Member Mayer recused himself from voting, due to a possible conflict of interest. Council Member Rose made a motion to appoint Garrett Reed to Planning & Zoning Commission Place No. 2. Motion seconded by Council Member Tiffany. Motion approved by vote of 5-0, Council Member Mayer was not in attendance. Council Member Mayer returned to the meeting. Town of Trophy Club Town Council 23 of 124 April 22, 2013 Council Member Mayer made a motion to appoint Larry Vowell to Planning & Zoning Commission Place No. 4. Motion seconded by Council Member Tiffany. Motion approved by vote of 5-1, Mayor White voting in opposition. Council Member Tiffany made a motion to appoint Richard Senelly to Planning & Zoning Commission Place No. 3, Larry Vowell to Place No. 1, and Fred Allen to position Place No. 4. Motion seconded by Council Member Schroeder. Council Member Tiffany amended her motion to the following summarized positions: Place No. 1 - Larry Vowell (2013) Place No. 2 – Garrett Reed (2013) Place No. 3 – Richard Senelly (2014) Place No. 4 – Fred Allen (2014) Effective date of appointment – May 1, 2013. Applicant Richard Senelly was present to answer any questions, and briefly discussed his qualifications and past leadership experience. Council Member Tiffany added to her amended motion to appoint the Planning & Zoning Commission Chairman position to Richard Senelly and Vice Chair to Larry Vowell. Motion seconded by Mayor Pro Tem Strother. Motion approved by vote of 5-1, Mayor Pro Tem Strother voting against. 9. Consider and take appropriate action regarding the expenditure of remaining 2008 Park Bond funds towards the installation of twenty three trees to be located within Independence East in an amount not to exceed $4,167.83. Parks Director Adam Adams briefed Council regarding the expenditure of funds for additional trees at Independence Park. The following citizens spoke regarding this item: • Jeanne Buck Council Member Schroeder made a motion to approve the expenditure of remaining 2008 Park Bond funds towards the installation of twenty-three (23) trees to be located within Independence Park in an amount not to exceed $4,167.83. Motion seconded by Mayor Pro Tem Strother. Motion approved by vote of 6-0. 11. Consider and take appropriate action regarding adoption of the Vision 2030 Plan. Town Manager Mike Slye briefed Council regarding this item. Council Member Mayer made a motion to approve the adoption of the Vision 2030 Plan. Motion seconded by Council Member Tiffany. Motion approved by vote of 6-0. 12. Town Manager Slye’s update regarding the following; discussion of same. - Police Department facility update - Early Voting – published April 10th and 17th - Community Garage Sale – April 20th - Annual Medal of Honor Procession – gather on bridge with flags April 10th 4-4:30 p.m. Town of Trophy Club Town Council 24 of 124 April 22, 2013 - Indian Creek Road Improvement Project - West Nile Update Town Manager Slye provided an update regarding these items listed above. 13. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Emergency Management Meeting - Metroport Cities Partnership - Mayor's Roundtable Dinner - GE Manufacturing Solutions - Chamber Luncheon Mayor White provided an update regarding these items listed above. 14. Items for future agendas – Council advised staff to add Staff Liaison updates to the agenda. Council Member Mayer asked staff to consider adding a Tax abatement programs to future agendas. Council Member Schroeder advised staff to add the month of June as Speed Awareness Month. Executive Session - Council recessed into Executive Session at 9:30 p.m. 15. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by: A. Section 551.071(2) “Consultation with Attorney” for consultation with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (2)). (1) Water and wastewater services; terms of interlocal agreement regarding lease and conveyance of utility system assets and provision of retail water and wastewater services, approval and parameters of representation, and related matters. B. Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town and Section 551.071 (2) "Consultation with Attorney", for Consultation with the its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (2)). (1) Development incentives for business prospects and development and legal advice regarding potential development, potential incentives and contractual agreements, and related matters. C. Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Police department relocation and municipal services facilities D. Section 551.074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Town of Trophy Club Town Council 25 of 124 April 22, 2013 (1) Annual evaluation of Town Attorney, Patricia Adams RECONVENE INTO REGULAR SESSION 16. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. Council reconvened into Regular Session at 12:52 a.m. As a result of Executive Session Item 15.(A) Council Member Tiffany made a motion to direct the Town Attorney to seek outside legal counsel to continue reviewing the proposed contract for water and wastewater services and provide input and advice. Motion seconded by Council Member Mayer. Motion approved by vote of 6-0. As a result of Executive Session Item 15.(B) Council Member Mayer made a motion to direct the Mayor to accept an employment agreement with the Town Attorney for legal services. Motion seconded by Council Member Rose. Motion approved by vote of 6-0. ADJOURN Council Member Mayer made a motion to adjourn the meeting. Motion seconded by Council Member Schroeder. Motion approved by vote of 6-0. Meeting adjourned at 12:58 a.m. Attest: Signed: ___________________________________ ___________________________________ Amy M. Piukana, TRMC, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town of Trophy Club Town Council 26 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-240-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Consider and take appropriate action regarding a Resolution authorizing continued participation with the Steering Committee of Cities served by Oncor and authorizing the payment of $0.10 per capita to the Steering Committee to fund regulatory and related activities related to Oncor Electric Delivery Company, LLC.; and provding an effective date. Attachments:Staff Report - Steering Committee.pdf Res 2013-06 Oncor.pdf ListofMembers.pdf City of Trophy Club invoice.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding a Resolution authorizing continued participation with the Steering Committee of Cities served by Oncor and authorizing the payment of $0.10 per capita to the Steering Committee to fund regulatory and related activities related to Oncor Electric Delivery Company, LLC.; and provding an effective date. Town of Trophy Club Town Council 27 of 124 April 22, 2013 Town of Trophy Club To: Mayor and Town Council From: Michael Aguilera CC: Mike Slye, Town Manager Re: Town Council Meeting April 22, 2013 ___________________________________________________________________ Agenda Item: Consider and take appropriate action to approve Resolution No. 2013-06 authorizing continued participation with the steering committee of cities served by Oncor and authorizing the payment of $0.10 per capita to the steering committee to fund regulatory and related activities related to Oncor Electric Delivery Company, LLC. Explanation: Purpose of the Resolution The Town is a member of a 150-member city coalition known as the Steering Committee of Cities Served by Oncor. The resolution approves the assessment of a ten cent ($0.10) per capita fee to fund the activities of the Steering Committee. Why this Resolution is Necessary The Steering Committee undertakes activities on behalf of municipalities for which it needs funding support from its members. Municipalities have original jurisdiction over the electric transmission and distribution rates and services within the Town. The Steering Committee has been in existence since the late 1980s. It took on a formal structure in the early 1990s when cities served by TXU (since renamed as Oncor Electric Delivery Company, LLC) gave up their statutory right to rate case expense reimbursement in exchange for higher franchise fee payments. Empowered by city resolutions and funded by per capita assessments, the Steering Committee has been the primary public interest advocate before the Public Utility Commission, ERCOT, the Courts, and the Legislature on electric utility regulation matters for nearly two decades. The Steering Committee is actively involved in rate cases, appeals, rulemakings, and legislative efforts impacting the rates charged by Oncor Electric Delivery Company, LLC within the Town. Steering Committee representation is also strong at ERCOT. It is Town of Trophy Club Town Council 28 of 124 April 22, 2013 possible that additional efforts will be necessary on new issues that arise during the year, and it is important that the Steering Committee be able to fund its participation on behalf of its member cities. A per capita assessment has historically been used, and is a fair method for the members to bear the burdens associated with the benefits received from that membership. Explanation of “Be It Resolved” Paragraphs I. The Town is currently a member of the Steering Committee; this paragraph authorizes the continuation of the Town’s membership. II. This paragraph authorizes payment of the Town’s assessment to the Steering Committee in the amount of ten cents ($0.10) per capita, based on the population figure for the Town as shown in the latest TML Directory of City Officials. III. This paragraph requires notification to the Chair of the Steering Committee, Jay Doegey, that the Town has adopted the Resolution. Attachments: Resolution 2013-06 List of OCSC Members Town Council Goals: Goal #5: Financial and Operational Stewardship Hire, develop, 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: Approval of Resolution 2013-06 and payment of Town assessment. Town of Trophy Club Town Council 29 of 124 April 22, 2013 RESOLUTION NO. 2013-06 A RESOLUTION AUTHORIZING CONTINUED PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR; AND AUTHORIZING THE PAYMENT OF 10 CENTS PER CAPITA TO THE STEERING COMMITTEE TO FUND REGULATORY AND RELATED ACTIVITIES RELATED TO ONCOR ELECTRIC DELIVERY COMPANY, LLC WHEREAS, the Town of Trophy Club is a regulatory authority under the Public Utility Regulatory Act (PURA) and has exclusive original jurisdiction over the rates and services of Oncor Electric Delivery Company, LLC (Oncor) within the municipal boundaries of the city; and WHEREAS, the Steering Committee has historically intervened in Oncor (formerly known as TXU) rate proceedings and electric utility related rulemakings to protect the interests of municipalities and electric customers residing within municipal boundaries; and WHEREAS, the Steering Committee is participating in Public Utility Commission dockets and projects, as well as court proceedings, and legislative activity, affecting transmission and distribution utility rates; and WHEREAS, the Town is a member of the Steering Committee of Cities Served by Oncor; and WHEREAS, in order for the Steering Committee to continue its participation in these activities which affects the provision of electric utility service and the rates to be charged, it must assess its members for such costs; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: I. That the Town is authorized to continue its membership with the Steering Committee of Cities Served by Oncor to protect the interests of the Town of Trophy Club and protect the interests of the customers of Oncor Electric Delivery Company, LLC residing and conducting business within the Town limits. Town of Trophy Club Town Council 30 of 124 April 22, 2013 II. The Town is further authorized to pay its assessment to the Steering Committee of ten cents ($0.10) per capita based on the population figures for the Town shown in the latest TML Directory of City Officials. III. A copy of this Resolution and the assessment payment check made payable to “Steering Committee of Cities Served by Oncor” shall be sent to Jay Doegey, Chair, Steering Committee of Cities Served by Oncor, c/o City Attorney’s Office, Mail Stop 63-0300, P.O. Box 90231, Arlington, Texas 76004-3231. PRESENTED AND PASSED on this the 22nd day of April, 2013. ______________________________ Signature Mayor ATTEST: __________________________________ Signature Town Secretary APPROVED AS TO FORM: Town Attorney BY Town of Trophy Club Town Council 31 of 124 April 22, 2013 STEERING COMMITTEE CITIES SERVED BY ONCOR (150) Addison Allen Alvarado Andrews Anna Archer City Argyle Arlington Azle Bedford Bellmead Belton Benbrook Beverly Hills Big Spring Breckenridge Bridgeport Brownwood Buffalo Burkburnett Burleson Caddo Mills Cameron Canton Carrollton Cedar Hill Celina Centerville Cleburne Coahoma Colleyville Collinsville Comanche Commerce Coppell Copperas Cove Corinth Crowley Dallas Dalworthington Gardens DeLeon De Soto Denison Duncanville Early Eastland Edgecliff Village Euless Everman Fairview Farmers Branch Fate Flower Mound Forest Hill Fort Worth Frisco Frost Gainesville Garland Glenn Heights Grand Prairie Granger Grapevine Gunter Haltom City Harker Heights Heath Henrietta Hewitt Highland Park Honey Grove Howe Hurst Hutto Iowa Park Irving Jolly Josephine Justin Kaufman Keller Kerens Killeen Krum Lake Worth Lakeside Lamesa Lancaster Lewisville Lindale Little Elm Little River Academy Malakoff Mansfield McKinney Mesquite Midland Midlothian Murchison Murphy Nacogdoches New Chapel Hill North Richland Hills Oak Leaf Oak Point Odessa O’Donnell Ovilla Palestine Pantego Paris Plano Pottsboro Prosper Ranger Rhome Richardson Richland Hills River Oaks Roanoke Robinson Rockwall Rosser Rowlett Sachse Saginaw Seagoville Sherman Snyder Southlake Springtown Stephenville Sulphur Springs Sunnyvale Sweetwater Temple Terrell The Colony Trophy Club Tyler University Park Venus Waco Watauga Waxahachie White Settlement Wichita Falls Willow Park Woodway Wylie 567089 Town of Trophy Club Town Council 32 of 124 April 22, 2013 Invoice Date 3/27/2013 Invoice # 13-138 Bill To City of Trophy Club Oncor Cities Steering Committee c/o Jay Doegey, City Attorney Post Office Box 90231 MS # 63-0300 Arlington, TX 76004-3231 Please make check payable to: Oncor Cities Steering Committee and mail to Oncor Cities Steering Committee, c/o Jay Doegey,Chair, Arlington City Attorney's Office,PO Box 90231, Mail Stop 63-0300, Arlington, Texas 76004-3231 Total Item Population Per capita Amount 2013 Assessment 8,024 0.10 802.40 $802.40 Town of Trophy Club Town Council 33 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-239-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Consider and take appropriate action regarding a Resolution authorizing the Town of Trophy Club's continued participation with Atmos Cities Steering Committee (ACSC); authorizing the payment of the Town's 2013 assessment to ACSC in the amount of five ($.05) per capita in order to fund regulatory and other activities related to Oncor Electric Delivery Company, LLC.; and providing an effective date. Attachments:Staff Report - Atmos Steering Committee.pdf Res 2013-07.pdf 2013 Assessment Memo.pdf List of ACSC Cities - Updated 03.07.13.pdf City of Trophy Club.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding a Resolution authorizing the Town of Trophy Club's continued participation with Atmos Cities Steering Committee (ACSC); authorizing the payment of the Town's 2013 assessment to ACSC in the amount of five ($.05) per capita in order to fund regulatory and other activities related to Oncor Electric Delivery Company, LLC.; and providing an effective date. Town of Trophy Club Town Council 34 of 124 April 22, 2013 Town of Trophy Club To: Mayor and Town Council From: Michael Aguilera CC: Mike Slye, Town Manager Re: Town Council Meeting April 22, 2013 ___________________________________________________________________ Agenda Item: Consider and take appropriate action to approve Resolution No. 2013-07 authorizing continued participation with the steering committee of cities served by Atmos and authorizing the payment of $0.05 per capita to the steering committee to fund regulatory and related activities related to Atmos Energy Corporation. Explanation: Purpose of the Resolution: Most municipalities have retained original jurisdiction over gas utility rates and services within municipal limits. The Atmos Cities Steering Committee (“ACSC”) is composed of municipalities in the service area of Atmos Energy Corporation, Mid-Tex Division regardless of whether original jurisdiction has been retained. Atmos is a monopoly provider of natural gas. Because Atmos has no competitors, regulation of the rates that it charges its customers is the only way that cities can ensure that natural gas rates are fair. Working as a coalition to review the rates charged by Atmos allows cities to accomplish more collectively than each city could do acting alone. Cities have more than 100 years experience in regulating natural gas rates in Texas. ACSC is the largest coalition of cities served by Atmos Mid-Tex. There are 167 ACSC member cities, which represent more than 60 percent of the total load served by Atmos- Mid Tex. ACSC protects the authority of municipalities over the monopoly natural gas provider and defends the interests of residential and small commercial customers within the cities. Although many of the activities undertaken by ACSC are connected to rate cases (and therefore expenses are reimbursed by the utility), ACSC also undertakes additional activities on behalf of municipalities for which it needs funding support from its members. Town of Trophy Club Town Council 35 of 124 April 22, 2013 The ACSC Membership Assessment Supports Important Activities: ACSC is actively involved in rate cases, appeals, rulemakings, and legislative efforts impacting the rates charged by Atmos within the City. These activities will continue throughout the calendar year. It is possible that additional efforts will be necessary on new issues that arise during the year, and it is important that ACSC be able to fund its participation on behalf of its member cities. A per capita assessment has historically been used, and is a fair method for the members to bear the burdens associated with the benefits received from that membership. Explanation of Resolution Paragraphs: I. This paragraph authorizes the continuation of the City’s membership in ACSC. II. This paragraph authorizes payment of the City’s assessment to the ACSC in the amount of five cents ($0.05) per capita. III. This paragraph requires notification that the City has adopted the Resolution. Attachments: Resolution 2013-07 List of ACSC Members Town Council Goals: Goal #5: Financial and Operational Stewardship Hire, develop, 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: Approval of Resolution 2013-07 and payment of Town assessment. Town of Trophy Club Town Council 36 of 124 April 22, 2013 RESOLUTION NO. 2013-07 A RESOLUTION AUTHORIZING CONTINUED PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE; AND AUTHORIZING THE PAYMENT OF FIVE CENTS PER CAPITA TO THE ATMOS CITIES STEERING COMMITTEE TO FUND REGULATORY AND RELATED ACTIVITIES RELATE D TO ATMOS ENERGY CORPORATION WHEREAS, the Town of Trophy Club is a regulatory authority under the Gas Utility Regulatory Act (GURA) and has exclusive original jurisdiction over the rates and services of Atmos Energy Corporation, Mid-Tex Division (Atmos) within the municipal boundaries of the Town; and WHEREAS, the Atmos Cities Steering Committee (ACSC) has historically intervened in Atmos rate proceedings and gas utility related rulemakings to protect the interests of municipalities and gas customers residing within municipal boundaries; and WHEREAS, ACSC is participating in Railroad Commission dockets and projects, as well as court proceedings and legislative activities, affecting gas utility rates; and WHEREAS, the Town is a member of ACSC; and WHEREAS, in order for ACSC to continue its participation in these activities which affects the provision of gas utility service and the rates to be charged, it must assess its members for such costs; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS: I. That the Town is authorized to continue its membership with the Atmos Cities Steering Committee to protect the interests of the Town of Trophy Club and protect the interests of the customers of Atmos Energy Corporation, Mid-Tex Division residing and conducting business within the Town limits. II. The Town is further authorized to pay its 2013 assessment to the ACSC in the amount of five cents ($0.05) per capita. Town of Trophy Club Town Council 37 of 124 April 22, 2013 III. A copy of this Resolution and approved assessment fee payable to “Atmos Cities Steering Committee” shall be sent to: Mary Bunkley Treasurer, Atmos Cities Steering Committee c/o Arlington Town Attorney’s Office, Mail Stop 63-0300 P.O. Box 90231 Arlington, Texas 76004-3231 PRESENTED AND PASSED on this the 22nd day of April, 2013. ______________________________ Signature Mayor ATTEST: __________________________________ Signature Town Secretary APPROVED AS TO FORM: Town Attorney BY Town of Trophy Club Town Council 38 of 124 April 22, 2013 MEMORANDUM TO: Atmos Cities Steering Committee FROM: Jay Doegey and Odis Dolton, Co-Chairs, Atmos Cities Steering Committee DATE: March 4, 2013 RE: Action Needed - 2013 Membership Assessment Invoice On December 20, 2012 the Atmos Cities Steering Committee (“ACSC”) held a quarterly meeting with representatives from Atmos Energy. During the meeting, the group held a discussion of upcoming natural gas issues and approved the assessment for ACSC membership. Based upon the population-based assessment protocol previously adopted by ACSC, the assessment for 2013 is a per capita fee of $0.05. ACSC protects the authority of municipalities over the monopoly natural gas provider and defends the interests of the residential and small commercial customers within the cities. Cities are the only consumer advocates that work to keep natural gas rates reasonable. The work undertaken by ACSC has saved ratepayers millions of dollars in unreasonable charges. The past year, in particular, has been an active one for ACSC. From 2008-2011, Atmos Mid-Tex made Rate Review Mechanism (“RRM”) filings, seeking to increase rates in the cities. However, negotiations between Atmos Mid-Tex and ACSC to perpetuate the RRM program for a fifth year were unsuccessful. On January 31, 2012, Atmos Mid-Tex filed its statement of intent to increase rates by approximately $49 million or 11.94%. Other than amounts that the Company voluntarily agreed to reduce following the filing of ACSC testimony, the Railroad Commission awarded the Company almost the entire amount of its requested increase, despite arguments and evidence presented by ACSC that the Company was currently overearning and, in fact, deserved a rate decrease. Efforts will be initiated in the near future to test whether a new form of RRM is possible after the exceedingly favorable treatment afforded Atmos by the Railroad Commission. This year at the Legislature promises to be a busy one. The Railroad Commission of Texas is currently under Sunset Commission review and ACSC is prepared to effectively advocate on behalf of its members. Bills have been filed that would deprive cities of original jurisdiction over rates and services, effectively precluding future implementation of an RRM-type process and denying reimbursement of reasonable rate case expenses associated with city regulatory efforts. Additionally, the Atmos-Pipeline rate case appeal continues to work its way up the courts and is currently docketed in the Third Court of Appeals. ACSC will continue to advocate for the interests of ACSC members in that proceeding, as well as at the Legislature. In order to continue to be an effective voice at the Railroad Commission, at the Legislature, and in the courts, ACSC must have your support. Please take action to pay the membership assessment as soon as possible. Payment of the membership assessment fee shall be deemed to be agreement with the terms of the ACSC participation agreement. Town of Trophy Club Town Council 39 of 124 April 22, 2013 Although ACSC does not require that your city take action by resolution to approve the assessment, some members have requested a model resolution authorizing payment of the 2013 membership assessment. To assist you in the assessment process, we have attached several documents to this memorandum for your use: • Model resolution approving the 2013 assessment • Model staff report supporting the resolution • List of ACSC members • Assessment invoice Please forward the membership assessment fee and, if applicable, the signed resolution to Mary Bunkley, Treasurer, Atmos Cities Steering Committee, c/o City Attorney’s Office, Mail Stop 63-0300, P.O. Box 90231, Arlington, Texas 76004-3231. Checks should be made payable to: Atmos Cities Steering Committee. If you have any questions, please contact ACSC Co-Chairmen Jay Doegey (817/459- 6878), or Odis Dolton (325/676-6496). ACSC’s counsel, Geoffrey Gay (ggay@lglawfirm.com) and Thomas Brocato (tbrocato@lglawfirm.com) at 512/322-5857 are also available to assist you. Town of Trophy Club Town Council 40 of 124 April 22, 2013 Abilene Addison Allen Alvarado Angus Anna Argyle Arlington Bedford Bellmead Benbrook Beverly Hills Blossom Blue Ridge Bowie Boyd Bridgeport Brownwood Buffalo Burkburnett Burleson Caddo Mills Canton Carrollton Cedar Hill Celeste Celina Centerville Cisco Clarksville Cleburne Clyde College Station Colleyville Colorado City Comanche Commerce Coolidge Coppell Copperas Cove Corinth Corral City Crandall Crowley Dalworthington Gardens Denison DeSoto Duncanville Eastland Edgecliff Village Emory Ennis Euless Everman Fairview Farmers Branch Farmersville Fate Flower Mound Forest Hill Fort Worth Frisco Frost Gainesville Garland Garrett Grand Prairie Grapevine Grosebeck Gunter Haltom City Harker Heights Haskell Haslet Hewitt Highland Park Highland Village Honey Grove Hutto Hurst Iowa Park Irving Justin Kaufman Keene Keller Kemp Kennedale Kerens Kerrville Killeen Krum Lakeside Lake Worth Lancaster Lewisville Lincoln Park Little Elm Lorena Madisonville Malakoff Mansfield McKinney Melissa Mesquite Midlothian Murphy Newark Nocona North Richland Hills Northlake Oak Leaf Ovilla Palestine Pantego Paris Parker Pecan Hill Petrolia Plano Ponder Pottsboro Prosper Putnam Quitman Red Oak Reno (Parker County) Richardson Richland Richland Hills River Oaks Roanoke Robinson Rockwall Roscoe Rowlett Royse City Sachse Saginaw Seagoville Sherman Snyder Southlake Springtown Stamford Stephenville Sulphur Springs Sweetwater Temple Terrell The Colony Throckmorton Trophy Club Tyler University Park Venus Vernon Waco Watauga Town of Trophy Club Town Council 41 of 124 April 22, 2013 Waxahachie Westlake Westworth Village Whitesboro White Settlement Wichita Falls Woodway Wylie Town of Trophy Club Town Council 42 of 124 April 22, 2013 Town of Trophy Club Town Council 43 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-256-T Name: Status:Type:Agenda Item Draft File created:In control:4/16/2013 Town Council On agenda:Final action:4/22/2013 Title:Consider and take appropriate action regarding necessary amendments to financial institution documents naming authorized Town representatives on First Financial and TexPool signature accounts. Attachments:Staff Report - Signature Changes @ Bank.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding necessary amendments to financial institution documents naming authorized Town representatives on First Financial and TexPool signature accounts. Town of Trophy Club Town Council 44 of 124 April 22, 2013 Town of Trophy Club To: Mayor and Town Council From: Michael Aguilera CC: Mike Slye, Town Manager Re: Town Council Meeting April 22, 2013 ___________________________________________________________________ Agenda Item: Consider and take appropriate action regarding necessary amendments to financial institution documents naming authorized representatives on First Financial and TexPool signature accounts. Explanation: First Financial & TexPool – Removing Shannon DePrater and adding Amy Piukana, Town Secretary Attachments: None Town Council Goals: Goal #5: Financial and Operational Stewardship Hire, develop, 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: Approve amendment to ensure proper financial internal controls are implemented and employed in accordance with general auditing standards. Town of Trophy Club Town Council 45 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-248-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Consider and take appropriate action regarding an Ordinance amending Chapter 10, "Public Safety" of the Code of Ordinances by adding Article XIV, "Motorized Carts" to Chapter 10 in order to regulate the use and operation of golf carts upon public streets within the Town; providing for an amendment to the Town's Code of Ordinances; providing a penalty; and providing an effective date. Attachments:Staff Report golf carts.pdf ORD 2013-11 Amending Public Safety Golf Cart Ordinance - AGENDA DOCUMENT (2).pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding an Ordinance amending Chapter 10, "Public Safety" of the Code of Ordinances by adding Article XIV, "Motorized Carts" to Chapter 10 in order to regulate the use and operation of golf carts upon public streets within the Town; providing for an amendment to the Town's Code of Ordinances; providing a penalty; and providing an effective date. Town of Trophy Club Town Council 46 of 124 April 22, 2013 Town of Trophy Club To: Mayor and Town Council From: Chief Kniffen CC: Mike Slye, Town Manager Re: Town Council Meeting April 22, 2013 ___________________________________________________________________ Agenda Item: Consider and take appropriate action to approve an ordinance authorizing the operation of golf carts on public streets in Trophy Club. Explanation: The proposed ordinance is to authorize the operation of golf carts on public streets in Trophy Club, establish operational and equipment requirements for these vehicles, create an inspection and permitting process for these vehicles, establish regulations under which the permit may be revoked and reissued. Attachments: Revised ordinance. Town Council Goals: Provide superior Emergency Services Expand and promote recreational / active life style opportunities for all ages Develop / Enhance environmental and sustainability standards and programs Recommendation: This ordinance has been through several revisions and this document provides options for the Council to consider in light of comments brought forward at the Town Hall meeting. Management recommends approval of an ordinance authorizing the operation of golf carts on public streets in Trophy Club. However, I would be remiss in my duties if I did not recommend that this ordinance include all of the listed safety equipment including seat belts and a requirement for their use by all occupants. Further, I recommend that the ordinance prohibit the Town of Trophy Club Town Council 47 of 124 April 22, 2013 transportation of passengers required by statute to be restrained in a child safety seat or booster seat or in the lap of a passenger or operator except in an approved parade or other special event. Town of Trophy Club Town Council 48 of 124 April 22, 2013 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-11 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING CHAPTER 10, ENTITLED “PUBLIC SAFETY”, OF THE CODE OF ORDINANCES OF THE TOWN TO ADD ARTICLE XIV ENTITLED “MOTORIZED CARTS” TO CHAPTER 10; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN IMMUNITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY CLAUSE AUTHORIZING UPON CONVICTION, A FINE OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00), AS ALLOWED BY LAW, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE OF JUNE 1, 2013. WHEREAS, the Town of Trophy Club is a Home Rule Municipality duly formed under the Constitution and the laws of the State of Texas; and WHEREAS, the regulation of traffic is essential to the furtherance of public health, safety and welfare; and WHEREAS, the Texas Transportation Code authorizes the governing body of a municipality to regulate and control the operation of Motorized Carts (golf carts only) within the Town’s legal boundaries and on its public Streets to ensure the public safety of the community; and WHEREAS, Town Council of the Town of Trophy Club, Texas, deems it to be in the best interest and safety of the citizens to regulate and control the operation of Motorized Carts (golf carts only) within the Town’s legal boundaries and on its public Streets; and WHEREAS, the Town Council determines that regulating the operation of Motorized Carts upon public streets within the Town is necessary in the interest of the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town of Trophy Club Town Council 49 of 124 April 22, 2013 SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Chapter 10, entitled “Public Safety” of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended to add Article XIV entitled “Motorized Carts” which shall be and read in its entirety as follows: 14.01. Applicability/Exemptions A. Applicability. 1. Motorized Carts. Except as expressly provided herein, the provisions of this Article shall apply to all Motorized Carts operated upon a Street or other specifically designated area within the Town of Trophy Club. 2. ATV and Similar Vehicles. Nothing in this Article permits the operation of those motorized conveyances commonly referred to as ATVs, four-wheelers, mules, gators, go-carts, and any similar gas powered conveyance on a public roadway within the Town of Trophy Club, except when utilized by authorized Town personnel for Town business. 3. Low Speed Vehicle and Neighborhood Electric Vehicles. Low Speed Vehicles (LSV’s) and Neighborhood Electric Vehicles (NEV’s) are authorized by the Transportation Code to be registered as a motor vehicle. If operated on the Streets of the Town of Trophy Club, LSV’s and NEV’s shall be required to meet all State and Federal safety standards and be registered as motor vehicles in accordance with the Transportation Code. A Town Permit is not required for these vehicles. B. Exemptions. The following use or operation of a Motorized Cart shall be exempt from the regulations of this Article: 1. Golf Course. The operation of either a privately owned Motorized Cart or a Motorized Cart owned or leased by a golf course or other third party when the Cart is used only on the golf course or used only to cross a roadway from one section of a golf course to another section of the same course; or Town of Trophy Club Town Council 50 of 124 April 22, 2013 2. Gated or Private Planned Community. The operation of a Motorized Cart within a gated, private, or limited access community with private streets, a uniform set of restrictive covenants, and a Town approved plat, unless traffic enforcement has been requested by the homeowners living within the community and the Town Council has approved their request; or 3. Official Town Business. A Motorized Cart is used or operated by personnel for the Town of Trophy Club on official police business or for official business of the Town on property owned by or leased to the Town; or 4. Transportation to/from Golf Course – Daytime Only. The operation of a Motorized Cart upon a public street with a posted speed limit of not more than thirty-five (35) miles per hour if the golf cart complies with all requirements of the Texas Transportation Code, as amended, for the operation of a Cart, is operated during the daytime only and not more than two (2) miles from the location where the golf cart is usually parked and for transportation to or from a golf course; or 5. Parade, Festival or Special Event. The operation of a Motorized Cart when the Cart is used in connection with a parade, a festival or other Town authorized or sponsored special event, the written consent of the sponsor is obtained, and the Cart is only used as part of such parade, festival or special event; provided however, that the Cart shall be transported to the starting point of the parade, festival or event and shall not be driven to the starting point. Further, a Motorized Cart used in connection with such parade, festival, or special event shall comply with all requirements set forth in the Town issued Special Event Permit for the parade, festival, or other special event. 14.02 Definitions. The following words, terms, and phrases, when used in this Article, shall have the meanings provided below, except where the context clearly indicates a different meaning. A. Cart Operation Sticker or Sticker means a decal issued by the Town of Trophy Club to the Owner of a Motorized Cart authorizing the operation of the Cart upon Street(s) of the Town as authorized in this Article. B. Driver means a person driving and having physical control over a vehicle, including but not limited to a Motorized Cart. C. Driver’s License means an authorization issued by a State for the operation of a motor vehicle, including but not limited to a temporary license, provisional license, instructional permit, and an occupational license. Town of Trophy Club Town Council 51 of 124 April 22, 2013 D. Low Speed Vehicle (LSV) means a motor vehicle that is four wheeled and has an attainable top speed of more than twenty (20) miles per hour and not more than twenty-five (25) miles per hour on a paved level surface, which is manufactured or retrofitted in compliance with those federal motor vehicle safety standards for low-speed vehicles, and has a weight of less than 3000 pounds. E. Motorized Cart or Cart means those electric or gasoline powered carts, commonly referred to as golf carts, but which must have a minimum of four wheels and which have an attainable top speed of less than twenty (20) miles per hour on a paved level surface. Specifically excluded from this definition are those motorized conveyances commonly referred to as Low Speed Vehicles (LSV’s), Neighborhood Electric Vehicles (NEV’s), ATVs, four-wheelers, mules, gators, and go-carts. F. Owner means a Person who holds title to or who leases a Motorized Cart for his own personal use or for the use of a third party, whether for private or for commercial retail purposes. G. Parking Area means those areas accessible to the public by motor vehicular traffic and which are designated for temporary parking of motor vehicles, usually in place referred to as parking lots. H. Permit or Motorized Cart Permit means a certificate/decal displaying the month and year of its expiration, issued annually by the Town, and and authorizing the use of such Cart upon the Streets of the Town. I. Permit Holder means the person to whom a Motorized Cart Permit has been issued. J. Person means an individual, corporation, partnership, joint venture, or any other business entity. K. Sidewalk means the portion of a Street that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use. L. Slow-Moving-Vehicle-Emblem means a triangular emblem that conforms to standards and specifications and displayed in accordance with Chapter 547 of the Texas Transportation Code, as amended. M. Street(s) means the public roadways of the Town of Trophy Club and the private roadways for which the Transportation Code has been applied by Council action regardless of its designation as a road, alley, avenue, highway, route, boulevard, etc. that (a) has a posted speed limit of 35 miles per hour or less; or (b) provides for no more than two lanes of vehicular Town of Trophy Club Town Council 52 of 124 April 22, 2013 traffic per direction; or (c) is not designated as part of either the State or Federal highway system. N. Traffic Way is any land way open to the public as a matter of right or custom for moving persons or property from one place to another. The Traffic Way includes all property, both improved and unimproved, between the property lines of a roadway system. O. Business Days shall mean Monday through Friday, 8 AM-5 PM excluding Town observed holidays. 14.03. Operational Regulations. A. Operation of Cart/ Compliance with Traffic Laws. A Driver may operate a Motorized Cart for which a valid Motorized Cart Permit has been issued on the Streets of the Town twenty-four (24) hours a day. Except as provided herein, while operating a Motorized Cart upon Street(s) of the Town a Driver shall comply with all laws applicable to motor vehicles as set forth in this Article, the Texas Transportation Code, as amended, and other State laws. A Driver shall be subject to citation for all violations of this Article, the Texas Transportation Code, and other applicable State law. B. Drivers License Required. A Drivers of Motorized Carts shall be at least sixteen (16) years of age, hold a valid Texas Driver’s License and shall abide by all state and local traffic regulations applicable to vehicular traffic when operating a Motorized Cart upon the Streets and Parking Areas of the Town. C. Sidewalk or Pedestrian Way. A Driver shall not operate a Motorized Cart on any Sidewalk, pedestrian walkway, jogging path, park trail or any location normally used for pedestrian traffic, unless such operation is by Police or other authorized Town personnel acting in an official capacity and performing an official duty. D. Crossing Intersections. A Driver shall not operate a Motorized Cart upon any portion of a Street or Traffic Way having a posted speed greater than 35 M.P.H.; provided however, that a Person may cross an intersection, including a road or street that has a posted speed limit of more than 35 miles per hour as authorized by the Texas Transportation Code, as amended. A Driver of a Motorized Cart may cross a multi-lane or a federal, county or state route only at an intersection controlled by an official traffic control device which stops traffic from all directions. E. Lane Usage. A Motorized Carts is entitled to a full use of a lane on the authorized Streets and Parking Areas of the Town and no motor vehicle shall be driven in such a manner as to deprive any Motorized Cart of the full use of Town of Trophy Club Town Council 53 of 124 April 22, 2013 a lane. A Driver shall not operate a Motorized Cart between lanes of traffic or between adjacent lines or rows of vehicles. F. Passing. A Driver of a Motorized Cart shall not overtake and pass in the same lane occupied by the vehicle being overtaken. While being overtaken and passed, the Driver of a Motorized Cart may utilize the calming lanes found on Trophy Club Drive, Indian Creek Drive, and Trophy Wood Drive. G. Maximum Number of Occupants – Seatbelts. The number of occupants in a Motorized Cart shall be limited to the number of persons for whom seat belts are provided on the vehicle. The operator and all occupants shall be seated upon the seat of the vehicle and no part of the body of the operator or occupant shall extend outside the perimeter of the vehicle while the vehicle is being operated except while signaling turns or stops. A Driver shall not permit any occupant of a Cart to ride in the lap of any occupant or stand on the rear of the vehicle while the vehicle is in motion. OR G. Seating/Age of Children. Children two (2) years of age and younger shall be restrained in a child safety seat properly secured by a seat belt and meeting the requirements of State lawwhile a Motorized Cart is in motion and may not be transported in a reckless or negligent manner. A Driver shall not permit any occupant of a Cart to ride in the lap of any occupant or stand on the rear of the vehicle while the vehicle is in motion. OR G. Maximum Number of Occupants – Seatbelts. The number of occupants in a Motorized Cart shall be limited to the number of persons for whom seating capacity is provided on the vehicle. The operator and all occupants shall be seated upon the seat of the vehicle and no part of the body of the operator or occupant shall extend outside the perimeter of the vehicle while the vehicle is being operated except while signaling turns or stops. A Driver shall not permit any occupant of a Cart to ride in the lap of any occupant or stand on the rear of the vehicle while the vehicle is in motion. H. Parking. A Driver of a Motorized Cart may park a Cart only in the same manner and at the same places designated for the parking of motor vehicles. The stopping, standing or parking of Motorized Carts in an area where parking is not allowed or in any place or manner that impedes the flow of traffic, pedestrian walkways or a passageway is prohibited. A Driver shall not Town of Trophy Club Town Council 54 of 124 April 22, 2013 park a Motorized Cart within a space designated for disabled persons unless a current disabled parking placard is displayed on the Cart and the person to whom the placard was issued is operating or being transported in the Motorized Cart. Notwithstanding the foregoing, a property owner may designate an area outside of a Parking Area specifically for the use of Motorized Carts, provided that the area is marked with appropriate signage and that the parking of a Cart in that area does not obstruct a fire lane, ingress and egress to a building, and does not interfere with the flow of vehicular traffic in a Parking Area. I. Towing Prohibited. Except as expressly allowed in this Article, Motorized Carts shall not be used for the purpose of towing another Cart, trailer, vehicle of any kind or a Person, including without limitation a Person on roller skates, skateboard, bicycle, or other wheeled device. A person employed by a golf course may tow a Cart for the purpose of relocating the Cart from one portion of a golf course to another portion of the same golf course and may cross a roadway while doing so. 14.04 Equipment Regulations. Operation of a Motorized Cart A. General. It shall be unlawful for a Person to operate a Motorized Cart on the Streets of the Town if a Permit has not been issued for the Cart, if the Motorized Cart does not meet all minimum equipment standards, if required liability insurance for the Cart is not maintained, or if a Person fails to comply with any other requirement of this Article. B. Required Equipment: Except was expressly exempted from this Article, each Motorized Cart operated upon a Street(s) within the Town shall be required to meet the minimum equipment standards specified in this Article. A Permit shall not be issued for a Motorized Cart that does not meet the following minimum equipment standards. 1. Operational headlamps (2 required); 2. Operational tail lamps (2 required); 3. Side reflectors (2 front: amber in color and 2 rear: red in color); 4. Stop lamps (2 required); 5. Front and rear turn signal lamps; 6. Operational parking brake; 7. An exterior mirror mounted on the Driver's side of the vehicle and either an exterior mirror mounted on the passenger's side of the vehicle or an interior mirror (capable of a clear unobstructed view of at least two hundred (200) feet to the rear); 8. Slow-Moving-Vehicle-Emblem on the rear; 9. Horn (audible for a distance of two hundred (200) feet in compliance with Texas Transportation Code, Section 547.501, as amended) 10. A windshield; and Town of Trophy Club Town Council 55 of 124 April 22, 2013 11. A Type 1 or Type 2 seat belt assembly conforming to Federal Motor Vehicle Safety Standard No. 209, seat belt assemblies, installed at each designated seating position. All required equipment for a Motorized Cart shall meet Texas and Federal Motor Vehicle Safety Standards. C. Exhaust System for Gasoline Powered Motorized Carts: In addition to the above listed equipment, every Motorized Cart powered by gasoline shall at all times be equipped with an exhaust system in good working order, in constant operation and meeting the following specifications: 1. The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler and exhaust pipes or including any and all parts specified by the manufacturer. 2. The exhaust system and its elements shall be securely fastened with brackets or hangers, which are designed for the particular purpose of fastening motorized cart exhaust systems D. Atmospheric Emissions. It shall be unlawful for the Owner of any Motorized Cart to operate or permit the operation of such Cart without a properly installed device controlling or abating atmospheric emissions. It shall be unlawful for a Cart Owner, Cart Manufacturer or any other third party to render such emissions device unserviceable by removal, alteration or by any other action which interferes with its operation. 14.05 Permits and Cart Operation Stickers. A. Permit Required / Cart Operation Sticker. A Person shall not operate, cause to be operated, or allow the operation of Motorized Cart on a Street unless a valid Permit has been issued for that Motorized Cart; provided however, that a Permit shall not be required for operation of a Motorized Cart that is expressly exempted from this Article under Section 2.01(B). Upon Town approval of a completed Permit application and compliance with all requirements of this Article, a Cart Operation Sticker shall be issued to the Owner of a Motorized Cart. It shall be a violation for a Person to place a Cart Operation Sticker upon any Motorized Cart other than the one for which the Sticker was issued. B. Location of Cart Operation Sticker / Damaged, Lost, or Stolen Sticker. A Cart Operation Sticker shall be permanently affixed to the left side of the Motorized Cart to which it was issued, in such a manner that it is clearly visible from fifty (50) feet. The Sticker shall not be damaged, altered, obstructed, or otherwise made illegible. It shall be a violation for a person to operate a Town of Trophy Club Town Council 56 of 124 April 22, 2013 Motorized Cart upon a Street without having the Sticker required for the use of the Cart properly displayed as required by this Article. If a Sticker is damaged, lost, or stolen, the Owner may obtain a replacement Sticker upon compliance with procedural requirements adopted by the Town and payment of applicable fees. C. Permit Application. An application for Permit under this Article shall be made by a Person who owns or leases a Cart for use upon the Streets or who leases a Cart to third parties for use upon the Streets. An application shall be filed with the Trophy Club Police Department in a form determined appropriate by the Trophy Club Police Department. The Application form shall contain information as determined appropriate and necessary by the Town to ensure compliance with this Article. D. Inspection Required. As part of the Permit application process, each Motorized Cart shall be inspected by a person(s) and at a location(s) designated by the Chief of Police to determine compliance with the requirements of this Article. If a Cart fails inspection because it fails to meet one or more of the requirements of this Article, the person inspecting the Cart shall provide an Owner with written notice of the deficiency or deficiencies. A Permit shall not be issued unless a Cart passes inspection and meets all requirements of this Article. E. Financial Responsibility. At the time of Cart inspection, an applicant shall provide proof of financial responsibility (liability insurance) meeting the minimum state requirements for liability insurance for motor vehicles. A Permit shall not issue unless valid proof of financial responsibility is provided to the Town. It shall be a violation for a person to operate a Motorized Cart on a Street without current valid financial responsibility meeting the minimum state requirements for motor vehicles. F. Fee: Permits and Stickers shall be valid for a period of two (2) years from the date of issuance. The following fees shall be paid by an application at the time of application for Permit or for replacement Sticker: 1. Initial inspection by Police Department - $25.00 (includes Permit/Sticker) 2. Re-inspection by Police Department (if a Motorized Cart fails the initial inspection) - $10.00 3. Bi-annual renewal of the Permit - $25.00. 4. Replacement Sticker - $10.00 G. Changes in Ownership, Storage Address, or Speed Range. A Permit Holder shall notify the Trophy Club Police Department in writing within ten (10) business days if the ownership of a Motorized Cart with a current valid Permit is transferred out of the name of the Permit Holder, if the storage address listed on the Permit application is changed, or if a Motorized Cart has been retrofitted to have a top speed exceeding the maximum limits allowed for a Motorized Cart Town of Trophy Club Town Council 57 of 124 April 22, 2013 under this Article. The information shall be submitted on a form designated by the Chief of Police. H. Revocation. A Permit may be revoked if a Permit Holder is convicted of three (3) violations of this Article or of State law within an eighteen (18) month period. For purposes of revocation, participation in a deferred disposition program shall be counted as a conviction. The Chief of Police is authorized to make a determination whether revocation under this section is authorized. A Permit Holder may appeal the determination of the Chief of Police to the Town Manager, whose decision shall be final. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting the operation of Motorized Carts within the Town and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. IMMUNITY The adoption of this Article by the Town Council is not intended to be and shall not be construed or deemed to have waived any immunity or defense that would otherwise be available to the Town against claims arising by or from the exercise of governmental powers and functions or the failure to exercise any governmental powers or functions. By adoption of this Article, the Town Council does not intend nor should it Town of Trophy Club Town Council 58 of 124 April 22, 2013 be construed that the Town Council has intended to or created any obligations, express or implied, to the users of public roadways or to any member or members of the general public. SECTION 6. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 7. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 8. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 9. EFFECTIVE DATE This Ordinance shall take effect from and after June 1, 2013 in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 22nd day of April, 2013. Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club Town Council 59 of 124 April 22, 2013 [SEAL] ATTEST: Amy Piukana, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town of Trophy Club Town Council 60 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-246-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Consider and take appropriate action regarding acceptance of a Hazard Mitigation Action Plan grant; and authorizing the Town Manager or his designee to execute all necessary documents. Attachments:Staff Report .pdf HMAPContract.pdf Signed State Award Letter.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding acceptance of a Hazard Mitigation Action Plan grant; and authorizing the Town Manager or his designee to execute all necessary documents. Town of Trophy Club Town Council 61 of 124 April 22, 2013 Town of Trophy Club To: Mayor and Town Council From: Stephen Seidel, Assistant Town Manager CC: Mike Slye, Town Manager Re: Town Council Meeting April 22, 2013 ___________________________________________________________________ Agenda Item: Consider and take appropriate action regarding acceptance Hazard Mitigation Action Plan (HMAP) Grant Explanation: A Hazard Mitigation Action Plan (HMAP) is a plan which identifies and outlines a City and/or County’s natural and man-made hazards. The FEMA program offers 75/25 Federal-Local cost sharing designed to help fund projects that will reduce losses. A government entity must have an adopted HMAP in order to be eligible for grant funding. In December 2011, the Town provided a Notice of Intent to the Texas Department of Emergency Management (TDEM) that Trophy Club would submit a grant application to create a Hazard Mitigation Action Plan (HMAP). Based on our application, the State responded and deemed it was likely for our grant to be funded. Thus, we submitted a formal application in 2012 to receive HMAP creation funding. In February 2013, the Town received notice that our application was approved for $103,249 with a local match of $48,249. The Federal share will be $55,000. Freese and Nichols assisted the Town with the application process, and will work as the consultant to guide HMAP development over the next year. The Storm Drainage Fund will provide the Town’s proportional share. Attachments: Agreement for Professional Services – Freese and Nichols State Award Letter Town Council Goals: • Safe and Secure Town of Trophy Club Town Council 62 of 124 April 22, 2013 • Financial and Operational Stewardship Recommendation: Town Management recommends that the Town Council approve the professional services contract with Freese and Nichols to complete a HMAP and authorize the Town Manager to execute all necessary agreements. Town of Trophy Club Town Council 63 of 124 April 22, 2013 Town of Trophy Club Town Council 64 of 124 April 22, 2013 Town of Trophy Club Town Council 65 of 124 April 22, 2013 Town of Trophy Club Town Council 66 of 124 April 22, 2013 Town of Trophy Club Town Council 67 of 124 April 22, 2013 Town of Trophy Club Town Council 68 of 124 April 22, 2013 Town of Trophy Club Town Council 69 of 124 April 22, 2013 Town of Trophy Club Town Council 70 of 124 April 22, 2013 Town of Trophy Club Town Council 71 of 124 April 22, 2013 Town of Trophy Club Town Council 72 of 124 April 22, 2013 Town of Trophy Club Town Council 73 of 124 April 22, 2013 TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD  BOX 4087  AUSTIN, TEXAS 78773-0001 512/424-2000 www.dps.texas.gov STEVEN C. McCRAW COMMISSION DIRECTOR A. CYNTHIA LEON, CHAIR DAVID G. BAKER CARIN MARCY BARTH CHERYL MacBRIDE ADA BROWN DEPUTY DIRECTORS ALLAN B. POLUNSKY RANDY WATSON March 18, 2013 The Honorable Connie White Mayor, Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 Dear Mayor White: The Town of Trophy Club funding request to develop a Mitigation Plan under CFDA 97-039 Hazard Mitigation Grant Program (HMGP) has been selected by the State of Texas and approved by the Federal Emergency Management Agency (FEMA). The approved grant project number is DR-1999-059 and should be used on all future documents and correspondence relating to this project. The approved application identified the total project costs as $103,249.00 with a local non-federal share of $48,249.00. The federal share awarded for this project is $55,000.00. Project implementation will be in accordance with the FEMA Hazard Assistance Unified Guidance of June 1, 2010, the 44 Code of Federal Regulations, and the FEMA approved Texas HMGP Administrative Plan. Reimbursements are based on 75 percent of each reimbursement request for documented eligible project costs. The following project, procurement, financial and reporting conditions apply to this grant award and each element must be met during the period of performance: 1) The final local mitigation action plan (The Plan) must meet or exceed the Final Rule for local mitigation planning found in 44CFR § 201.6 in order to be FEMA approved; 2) The sub-grantee will use the Local Mitigation Plan Review Guide Package provided by the State through the DPS/TDEM website. A completed Regulation Checklist (in MS Word) must accompany all Plan submittals. All initial Plan submittals must include one hardcopy and one CD. 3) The natural hazards assessed in the Plan shall coordinate with the current FEMA-approved State of Texas Hazard Mitigation Plan and must adequately address all natural hazards with any probability of occurrence in the planning area; 4) The award date for this project is January 30, 2013 with a period of performance (POP) of 24 months. The project, including FEMA approval and local adoption, must be completed by January 30, 2015. If due to extenuating circumstances the project cannot be completed within this POP the sub-grantee must request an extension in writing and submit it to the State 90 days prior to January 30, 2015. Town of Trophy Club Town Council 74 of 124 April 22, 2013 5) The sub-applicant will submit the Plan to the State no later than 12 months prior to the end of the performance period; the Plan will be submitted to FEMA for review and approval following a State review and concurrence that the plan meets the 44CFR criteria. FEMA will not review plans submitted directly by a sub-grantee; 6) Plans submitted to the State for review will cover no more than two counties and those participants within its boundaries. Special District Plans may qualify for exemption from the two county policy. 7) In order to be eligible for FEMA mitigation grant programs, each participant in the Plan must meet all the 44CFR requirements and conclude its performance with submittal of an acceptable adoption resolution. 8) Any contract associated with this project must be procured and issued in accordance with local, state, and federal laws. In addition the following items must be submitted to the state: the sub- grantee procurement policy; a copy of the published notices for bids or Requests for Qualifications (RFQ); a narrative of the selection activities; a verification from the System for Award Management (www.sam.gov/portal/public/SAM) that the contractor is not debarred; and a copy of the contract, Memorandum of Understanding (MOU), or Memorandum of Agreement (MOA). Contract costs must be: broken into material and labor; specific to the identified eligible activities within the approved scope of work and cost breakdown; contract costs must be considered reasonable for the project and the area; and in accordance with Federal Acquisitions Regulations (FAR Part 16.012) “cost plus ” contracts will not be acceptable. (Enclosure 1) 9) You are required to submit a Quarterly Progress Report to this office no later than October 15; January 15; April 15 and July 15 of each year until the project is completed. Two consecutively missed reports, or two consecutive reports indicating no progress, may result in your project funding being forfeited. A copy of the report format is enclosed and an electronic copy may be requested. (Enclosure 2) 10) Requests for reimbursement of expenses may be submitted quarterly. Payments will be made within 21-30 days after receipt of complete and accurate documentation. A copy of the report format is enclosed and an electronic copy may be requested. (Enclosure 3) 11) The payment schedule payment for the creation of a mitigation plan as stated in the State Hazard Mitigation Plan, Annex A, is as follows: a. During the course of the project, if the sub-grantee maintains the time schedule submitted with the grant application, they will be eligible to request quarterly reimbursements for work performed up to 75 percent of the awarded federal share of the grant. b. Upon FEMA plan approval of the Plan, the sub-grantee may request the final 25 percent (also see item #7 of this letter). 12) As notification that the project has concluded and is ready for the final audit, the sub-grantee will submit the Certificate of Completion along with a final quarterly report containing a recap of all project expenditures. A chief elected official or his/her designated representative must sign this document. Final project payments are made based upon the Certificate of Completion and the final inspection and audit by our staff. A copy of the report format is enclosed and an electronic copy may be requested. (Enclosure 4) Town of Trophy Club Town Council 75 of 124 April 22, 2013 13) If you have received over $500,000 total funding from any federal programs during this federal fiscal year, you will be required to provide the State with a copy of your current annual audit, performed per OMB Circular No. A-133. Further information on audit requirements may be obtained from our Disaster Auditor at 512-424-7829. All HMGP grants are subject to federal audit; therefore, all records must be maintained for three years from the date of project close-out or upon receipt of the final payment, whichever is later. If you have any questions, please contact your new project officer, Doug Rowell, at 713-967-7015 or via douglas.rowell2@dps.texas.gov . Sincerely, W. Nim Kidd, CEM ® Assistant Director Texas Department of Public Safety Chief Texas Division of Emergency Management WMK:ew Enclosures: 1-Exclusive Parties List System Form 2-Quarterly Progress Report form 3-Request for Reimbursement form 4-Certificate of Completion form cc: Stephen Seidel, Assistant Town Manager Kristin Navarro Stephanie Griffin, Consultant Town of Trophy Club Town Council 76 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-247-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Consider and take appropriate action regarding the adoption of a new Town Logo. Attachments:StaffReport.pdf TC_logo.pdf 2013 Logo Rebranding Cost.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding the adoption of a new Town Logo. Town of Trophy Club Town Council 77 of 124 April 22, 2013 Town of Trophy Club To: Mayor and Town Council From: April Reiling, PIO & Marketing Manager CC: Mike Slye, Town Manager Re: Town Council Meeting April 22, 2013 ___________________________________________________________________ Agenda Item: Discuss and take appropriate action regarding the adoption of a new logo for the Town of Trophy Club. Explanation: In October 2011 the Trophy Club Economic Development Corporation 4B (EDC 4B) commissioned a new logo redesign for the town, a project that has been in discussion since 2008. • In April 2012 The Town Council and EDC 4B met in a joint meeting to discuss adoption of the proposed logo and no action was taken – staff was directed to solicit input from the Vision Committee and Trophy Club residents. • In October 2012 the Vision Committee recommended the flag logo be tweaked to soften the logo and an online survey was conducted to gather citizen input regarding the flag logo and the hill logo. • In January 2013 the Town Council requested that staff take the logo project to BNHS as a graphic art project – no artwork was received from BNHS. • In April 2013 EDC 4B made a recommendation to the Town Council to formally adopt the flag logo. Attachments: Exhibit A – Proposed Logo for Consideration Town Council Goals: Goal #2: Business-Friendly Community Provide environment to retain/develop existing businesses Promote new commercial opportunities Create effective working relationships with developers and businesses Goal #3: Community with shared vision Town of Trophy Club Town Council 78 of 124 April 22, 2013 Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Promote and support active lifestyle Develop expanded community involvement opportunities Expand recreational opportunities for all ages Recommendation: Management staff recommends the adoption of the TC monogram logo resembling a flag, as presented. At the April 15, 2013 EDC 4B meeting, the Board recommended that Town Council adopt the proposed flag logo. After considering feedback from an informal survey, EDC 4B Directors and the Vision Committee, staff supports the earlier recommendation (April 9, 2012 Town Council/EDC 4B joint meeting) to move forward with the TC monogram “Flag” logo. The TC Flag logo is flexible, unique, simple and memorable. The logo is creative and reflects Trophy Club culture while allowing for the opportunity to build a visual identity for the many facets of town government, including economic development, Parks & Recreation, NISD school support collateral and the Police Department, for example. Town of Trophy Club Town Council 79 of 124 April 22, 2013 Town of Trophy Club Town Council80 of 124 April 22, 2013 Costs Associated With Rebranding Consultant Fees to Date –Logo = $7,847.61 –Website = $22,853.64 –TOTAL = $30,701.25 New logo transition fees (estimate) –Rollout = $3,500 –Vehicles = $1,000 –Uniforms = $250 –Various (park signage, monuments, etc.) = $25,000 –Admin (letterhead, business cards, etc.) = $2,600 –TOTAL = $32,350 Town of Trophy Club Town Council 81 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-249-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Provide an informational update regarding a master sidewalk plan for Indian Creek Street rehabilitation project; discussion of same (no action). Attachments:Staff Report - Example.doc.pdf 2013-04-22-Mtg with Town of Trophy Club.pdf Indian Creek Drive Sidewalk Exhibit.pdf Action ByDate Action ResultVer. Title Provide an informational update regarding a master sidewalk plan for Indian Creek Street rehabilitation project; discussion of same (no action). Town of Trophy Club Town Council 82 of 124 April 22, 2013 Town of Trophy Club To: Mayor and Town Council From: Mike Slye, Town Manager Re: Town Council Meeting April 22, 2013 ___________________________________________________________________ Agenda Item: Discuss a master sidewalk plan design and the Indian Creek Street rehab project. This is an information item and no action will be taken. Explanation: I asked Tom Rutledge to study Indian Creek sidewalk connectivity to the intersection of PD-30/Trophy Club drive. I didn’t make sense to me that we would include in the Indian Creek rehab project sidewalks if we couldn’t find a feasible, cost effective solution to connect the sidewalk to the rest of our community. We will present an overall sidewalk master plan demonstrating that connectivity. Budget Impact: Potential cost of entire Indian Creek sidewalk is $500-$525K (approx 8400 linear feet) Attachments: Indian Creek rehab Power Point Town Council Goals: Goal #5: Financial and Operational Stewardship Hire, develop, 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: None … Informational only Town of Trophy Club Town Council 83 of 124 April 22, 2013 Indian Creek Drive – Reconstruction EDGEMERE DR. TO MEADOWBROOK LANE APRIL 17, 2013 Insert Logo Here Town of Trophy Club Town Council 84 of 124 April 22, 2013 Town of Trophy Club Town Council 85 of 124 April 22, 2013 Town of Trophy Club Town Council 86 of 124 April 22, 2013 Town of Trophy Club Town Council 87 of 124 April 22, 2013 Town of Trophy Club Town Council 88 of 124 April 22, 2013 Existing Medians Town of Trophy Club Town Council 89 of 124 April 22, 2013 Town of Trophy Club Town Council 90 of 124 April 22, 2013 Town of Trophy Club Town Council 91 of 124 April 22, 2013 Town of Trophy Club Town Council 92 of 124 April 22, 2013 Town of Trophy Club Town Council 93 of 124 April 22, 2013 Town of Trophy Club Town Council 9 4 o f 1 2 4 A p r i l 2 2 , 2 0 1 3 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-258-T Name: Status:Type:Agenda Item Draft File created:In control:4/17/2013 Town Council On agenda:Final action:4/22/2013 Title:Consider and take appropriate action regarding the award of a contract to Jamail & Smith Construction, for rehabilitation and construction services for the Police Department Facility; and authorizing the Town Manager to execute necessary documents. Attachments:Staff Report 4-22-13 Agenda.pdf Jamail Smith Trophy Club Report.pdf Proposal - Trophy Club PD Renovation.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding the award of a contract to Jamail & Smith Construction, for rehabilitation and construction services for the Police Department Facility; and authorizing the Town Manager to execute necessary documents. Town of Trophy Club Town Council 95 of 124 April 22, 2013 Town of Trophy Club To: Mayor and Town Council From: Mike Slye, Town Manager Re: Town Council Meeting April 22, 2013 ___________________________________________________________________ Agenda Item: Consider and take appropriate action regarding a proposed Texas Buy Board bid for construction services for the Police Department Facility. Explanation: Jamail and Smith is a local Texas Buy Board construction company that has presented a bid to rehab the existing Police Department building to a standard that would allow continued use by the Police Department. The Texas Buy Board allows municipalities to forego competitive sealed bids, thereby expediting the rehab of the building. Other options would cost approximately $90,000 for a 30-month period. The obvious risk is that we will not have a permanent facility for the PD by then, in which case, the cost escalates. Reconstruction of the existing facility is a much more safe route and least disruptive to the organization, Police Department and to the citizens of Trophy Club. Budget Impact: Turn Key - $99,456.57 Attachments: Contractor bid proposal Town Council Goals: Goal #5: Financial and Operational Stewardship Hire, develop, 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: Approve bid for construction. Town of Trophy Club Town Council 96 of 124 April 22, 2013 To: Jason Gillispie Date: 4/18/2013 RE: 100 Municipal Drive This letter is intended to recap the site conditions noted at the above address following a Category III water event.. Interior Surfaces: Following a sewer related event it is standard practice to removal all porous items throughout the contaminated area. The materials consist of carpeting, drywall, baseboards, and other items deemed porous in nature. The absorption ability of these materials lends them to saturation of the sewer water, which in turn deems them un- cleanable. Following abatement of the affected materials, the remaining surfaces are to be disinfected with an EPA registered product which has a broad spectrum of bacteria efficacy. In addition, air scrubbers equipped with a 4-9 HEPA should be utilized to reduce the airborne levels of contaminates. Please note, this standard can be found in the IICRC’s S500 2nd edition, which is the restoration manual for all types of water mitigation and restoration. Soil Remediation: The remediation of soil impacted by a sewer related event does not currently have a standard guideline to follow. Unlike an oil based leak soil impacted by sewer is not considered an immanent heath threat, thus neither OSHA, nor the EPA have a direct statement regiment for its removal or clean up. However, over time the hygiene industry has developed a common practice in the remediation of sewer affected soil. The general approach is to place lime over the affected area, followed by a 36 hour dwell time, followed by light removal of the top soil and lime. This practice achieves both the disinfection of the sewer, and a turn over of the top soil to avoid nuisance odors. Should you have any question, or need any additional information feel free to call me direct. Sincerely, Harley Jeanise RESTORx of Texas 972-417-1111 x227 harley@restorxtexas.com Town of Trophy Club Town Council 97 of 124 April 22, 2013 4950 Keller Springs, Suite 450, Addison, Texas 75001 Cell: 214-674-0233 Fax: 972-387-0704 Email: todermann@jamailsmith.com April 19th, 2013 G. Scott Kniffen Town of Trophy Club Chief of Police skniffen@ci.trophyclub.tx.us RE: Town of Trophy Club – Police Renovation Jamail & Smith Construction is pleased to offer our proposal for the above referenced project pursuant to our Buyboard Contract Number 258-07. Below represents the services including supervision, labor, materials and equipment for removal, furnishing, and installing of all necessary construction components as needed to complete the scope of work to follow. Scope of Work Details: 1. General Conditions: a. Scope of work and pricing is based upon scope of work given at site visit, floor plan and discussion with the Town of Trophy Club b. Provide daily and final clean up. c. Dumpster shall be provided and coordinated with owner prior to placement. 2. Demolition: a. Demo Existing Carpet, Vinyl Base, and VCT Flooring. b. Demo FRP in restrooms and shower rooms. c. Demo existing 4’x4’ teller glass window at two teller stations in reception. 3. Building Leveling: a. Lift Existing Foundation by means of hydraulic jack, and support structure on concrete blocks and pads. b. Allowance given for 200 sq ft of sub-floor replacement with ¾” tongue and groove plywood. If overage occurs and more is needed, then client will be charge $5.65 per sq ft. Town of Trophy Club Town Council 98 of 124 April 22, 2013 4950 Keller Springs, Suite 450, Addison, Texas 75001 4. New walls and Finishes including Flooring: a. Provide and install new walls in Animal Control Room dividing the existing room in half. b. Patch and Re-skin new vinyl at (15) panels throughout the building. c. Provide and install new FRP in restrooms and shower rooms and up to 4’ in two new Animal Control Rooms. d. Prep and paint existing interior walls throughout the building. e. Provide and install ½” impact resistant glazing at existing 4’x4’ teller window. f. Provide and install new 26 ounce commercial glue down, stain, fade, and wear resistant carpet with a PAR value of 2.5 or better as marked on floor plan. g. Provide and Install 1/8” commercial mark, stain, water, and scratch resistant vinyl tile, with an embossed pattern for skid resistance – 12” x 12” Armstrong product as marked on floor plan. h. Remove and Re-install Toilets at restrooms for new flooring. i. Provide and install 4” vinyl cove base throughout the building. 5. Doors and Hardware: a. Provide and install new dutch door with matching hardware and finish at the animal control room – at new wall. 6. Utilities: a. Provide and install (6) connections at existing downspouts to existing storm line. 7. Soil Remediation: a. Provide lime over effected area, raked into soil, followed by 36 hour dwell time. b. Remove top layer of top soil and lime mixture. c. (See attached letter from RESTOR-X on Soil Remediation after a sewer related event) 8. HVAC: a. Provide and install (1) new supply and (1) new return air at the animal control room at each side of the new wall. 1.0 CLARIFICATIONS: 1.1 Contractor shall have full access to area to complete the project. 1.2 All existing equipment and furniture in effected construction areas will be protected during construction. 1.3 Proposal includes regular business hours for working (no overtime included). 1.4 Excludes any controls work for HVAC systems. Town of Trophy Club Town Council 99 of 124 April 22, 2013 4950 Keller Springs, Suite 450, Addison, Texas 75001 1.5 Excludes testing and balance of HVAC of renovated area unless otherwise specified in scope of work above. 1.6 Excludes providing and installing phone/data devices. 1.7 Excludes any modifications to the existing fire alarm system. 1.8 Excludes any HVAC interfacing and wiring with fire alarm system. 1.9 Excludes any security alarm wiring, equipment, and devices. 1.10 Excludes certified payroll. 1.11 All terms and conditions shall be as mandated by the contractual agreements of Jamail and Smith Construction and the Town of Trophy Club. Thank you for the opportunity to earn your business and the interest in our firm. We look forward to serving the Town of Trophy Club. RS Means Estimate $178,617.84 Fort Worth Texas City Cost Index (CCI) is 83.10% ($30,186.41) Buy Board Standard Hours Negative 34% ($50,466.69) Sub-total $97,964.74 Payment Bond $1,491.83 Total Price $99,456.57 Sincerely, Tim Odermann Project Manager Jamail & Smith Construction Cc: Jason Gillespie, Jamail & Smith Construction Justin Montgomery, Jamail & Smith Construction Michael T. Slye, Town of Trophy Club Town of Trophy Club Town Council 100 of 124 April 22, 2013 Estimate Details Labor - Material - Equipment Justin Montgomery Jamail Smith 05-B3-0106 Trophy Club - Police Dept Remodel - 05-B3-0106 Estimator: Justin Montgomery 05-B3-0106 Trophy Club - Police Dept Remodel Division Summary (MF04) 01 - General Requirements $19,630.78 26 - Electrical 02 - Existing Conditions $8,875.00 27 - Communications 03 - Concrete 28 - Electronic Safety and Security 04 - Masonry 31 - Earthwork $38,844.00 05 - Metals 32 - Exterior Improvements $999.60 06 - Wood, Plastics, and Composites $340.00 33 - Utilities 07 - Thermal and Moisture Protection $573.50 34 - Transportation 08 - Openings $2,260.60 35 - Waterway and Marine Transportation 09 - Finishes $97,722.66 41 - Material Processing and Handling Equipment 10 - Specialties 44 - Pollution Control Equipment 11 - Equipment 46 - Water and Wastewater Equipment 12 - Furnishings 48 - Electric Power Generation 13 - Special Construction Alternates $2,099.70 14 - Conveying Equipment Trades 21 - Fire Suppression Assemblies 22 - Plumbing $7,272.00 MF04 Bare Total (Without totalling components) $178,617.84 23 - Heating, Ventilating, and Air-Conditioning (HVAC) Totalling Components Priced Line Items $178,617.84 2011 Buyboard Standard Hours (-34.0000%) $(50,466.69) RSMeans FORT WORTH, TX CCI 2013Q1, 83.10% $(30,186.41)Nonpriced Line Items Material, Labor, and Equipment Totals (No Totalling Components) $53,307.14 $119,745.13 $3,693.51Labor:Equipment:Other: $1,872.06Laborhours: 1,653.29Green Line Items: $16,882.202 Material: Priced/Non-Priced Total Priced Items: 58 $178,617.84Total Non-Priced Items: 0 $0.00 0.00% 58 $178,617.84 Grand Total $97,964.74 Page 1 of 8 05-B3-0106 Trophy Club - Police Dept Remodel - 05-B3-0106Printed 19 APR 2013 2:19PMTown of Trophy Club Town Council 101 of 124 April 22, 2013 Estimate Details Estimator: Justin Montgomery Totalling Component Details Description Item Count Applicable Amount Applied Amount Applied Result Balance $178,617.84 $178,617.84 $178,617.84Priced Line Items 58 Included in Total: Yes Type: Estimate Details Estimator: Justin Montgomery 05-B3-0106 Trophy Club - Police Dept Remodel Material EquipmentLaborQuantity Unit CostItemUMCrew TotalDescription 01 - General Requirements 1 Field personnel, project manager, average Week 2.0000 $3,275.00 $6,550.0001-31-13-20-0200 0.00 3,275.00 0.00 2 Field personnel, superintendent, average Week 4.0000 $3,050.00 $12,200.0001-31-13-20-0260 0.00 3,050.00 0.00 Field Supervision 3 Dust barriers, temporary, accessories, polyethylene sheet, 6 mil Sq. 10.0000 $17.00 $170.0001-56-16-10-0110 1 CLAB 4.43 12.57 0.00 4 Cleaning up, cleanup of floor area, final by General Contractor at end of job M.S.F. 7.2900 $97.50 $710.7801-74-13-20-0100 A-05 3.06 89.39 5.05 01 - General Requirements Total $19,630.78 $66.61 $19,527.35 $36.81 02 - Existing Conditions 5 Selective facility services demolition, rubbish handling, the following are to be added to the demolition prices. Dumpster, weekly rental, includes one dump per week, 30 C.Y. capacity, 7 tons Week 2.0000 $810.00 $1,620.0002-41-19-19-0800 810.00 0.00 0.00 6 Selective facility services demolition, rubbish handling, the following are to be added to the demolition prices. Load, haul, dump and return, 51' to 100' haul, hand carried C.Y. 50.0000 $34.50 $1,725.0002-41-19-19-2040 2 CLAB 0.00 34.50 0.00 7 Selective facility services demolition, rubbish handling, over 100' haul, add per 100 L.F., hand carried (Modified using 02-41-19-19-2210) C.Y. 20.0000 $26.00 $520.0002-41-19-19-2170-2210 2 CLAB 0.00 26.00 0.00 Existing Cabinets 8 Selective facility services demolition, rubbish handling, the following are to be added to the demolition prices. Loading and trucking, including 2 mile haul, hand loading truck, 50' haul C.Y. 60.0000 $55.50 $3,330.0002-41-19-19-3040 B-16 0.00 39.60 15.90 9 Hazardous waste cleanup, pickup and disposal, dumpsite disposal charge, minimum Ton 12.0000 $140.00 $1,680.0002-81-20-10-6000 0.00 0.00 0.00 02 - Existing Conditions Total $8,875.00 $1,620.00 $4,621.00 $954.00 06 - Wood, Plastics, and Composites Page 3 of 8 05-B3-0106 Trophy Club - Police Dept Remodel - 05-B3-0106Printed 19 APR 2013 2:19PMTown of Trophy Club Town Council 103 of 124 April 22, 2013 Estimate Details Estimator: Justin Montgomery 05-B3-0106 Trophy Club - Police Dept Remodel 06 - Wood, Plastics, and Composites Material EquipmentLaborQuantity Unit CostItemUMCrew TotalDescription 10 Subfloor, plywood, CDX, 3/4" thick SF Flr. 200.0000 $1.70 $340.0006-16-23-10-0202 2 CARP 0.77 0.93 0.00 Allowance of 200 SF, includes patch of hole at sewer leak. 06 - Wood, Plastics, and Composites Total $340.00 $154.00 $186.00 $0.00 07 - Thermal and Moisture Protection 11 Roof coatings, roof patch and flashing cement, 5 gallon Gal. 5.0000 $8.70 $43.5007-01-50-10-1100 8.69 0.00 0.00 12 Elastomeric sheet waterproofing and accessories, minimum labor/equipment charge Job 1.0000 $530.00 $530.0007-13-53-10-9000 2 ROFC 0.00 530.00 0.00 07 - Thermal and Moisture Protection Total $573.50 $43.45 $530.00 $0.00 08 - Openings 13 Selective demolition of windows, glass, minimum S.F. 32.0000 $2.30 $73.6008-05-05-20-0600 1 CLAB 0.00 2.30 0.00 two 4'x4' windows at 16 SF each = 32 SF 14 Wrap around drywall frames, wrap-around drywall frame, 16 gauge, 6-1/4" x 7'-0" x 2'-8" wide Ea. 1.0000 $256.00 $256.0008-12-13-20-0430 2 CARP 182.60 73.40 0.00 15 Wood doors residential, dutch door, pine, 1-3/4" x 6'-8" x 2'-8" wide, minimum Ea. 1.0000 $880.00 $880.0008-14-33-20-0700 2 CARP 786.50 93.50 0.00 16 Lockset, standard duty, cylindrical, with sectional trim, lever handled, keyed, single cylinder function Ea. 1.0000 $233.00 $233.0008-71-20-40-0500 1 CARP 174.90 58.10 0.00 10563 LEVERS x STRIKE x F/A MOGUL 17 Door stops, holder and bumper, floor or wall Ea. 2.0000 $57.00 $114.0008-71-20-50-0020 1 CARP 39.05 17.95 0.00 HW-D1 - HW-D4 DOOR STOPS 18 Laminated glass, clear float, .06" vinyl, 1/2" thick S.F. 16.0000 $44.00 $704.0008-88-56-10-0200 2 GLAZ 26.95 17.05 0.00 08 - Openings Total $2,260.60 $1,653.30 $607.30 $0.00 09 - Finishes Page 4 of 8 05-B3-0106 Trophy Club - Police Dept Remodel - 05-B3-0106Printed 19 APR 2013 2:19PMTown of Trophy Club Town Council 104 of 124 April 22, 2013 Estimate Details Estimator: Justin Montgomery 05-B3-0106 Trophy Club - Police Dept Remodel 09 - Finishes Material EquipmentLaborQuantity Unit CostItemUMCrew TotalDescription 19 Gypsum wallboard repairs, dents, up to 2" square Ea. 50.0000 $12.05 $602.5009-01-70-10-0120 1 CARP 0.01 12.04 0.00 20 Gypsum wallboard repairs, prepare, retape and refinish joints L.F. 84.0000 $10.30 $865.2009-01-70-10-0510 1 CARP 0.65 9.65 0.00 21 Selective demolition, flooring, carpet, bonded, including surface scraping S.F. 4,428.0000 $0.46 $2,036.8809-05-05-20-0400 2 CLAB 0.00 0.46 0.00 Demo carpet 22 Selective demolition, flooring, vinyl or rubber cove base L.F. 2,422.0000 $0.46 $1,114.1209-05-05-20-0850 1 CLAB 0.00 0.46 0.00 2120 (Chief Est) 23 Selective demolition, flooring, vinyl composition tile, 12" x 12" S.F. 5,340.0000 $0.92 $4,912.8009-05-05-20-0900 2 CLAB 0.00 0.92 0.00 Demo VCT, x 2 layers thick. 2670 sf x 2 = 5340 SF 24 Selective demolition, flooring, wood, subfloor, plywood, glued and nailed S.F. 200.0000 $1.45 $290.0009-05-05-20-4100 1 CARP 0.00 1.45 0.00 25 Partition wall, stud wall, 8' to 12' high, 5/8", interior, gypsum board, standard, tape and finish both sides, installed on and including, metal studs, non load bearing, 25 gauge, 16" O.C., 3-5/8" wide S.F. 96.0000 $4.46 $428.1609-21-16-33-3800 2 CARP 1.06 3.40 0.00 walls and drywall 26 Gypsum board, on walls and ceilings, nailed or screwed to studs, 1/2" thick, on walls, standard, with compound skim coat, level 5 finish S.F. 912.0000 $1.84 $1,678.0809-29-10-30-0390 2 CARP 0.34 1.50 0.00 For all areas where 1' of gyp at floor has been removed and replaced with new. 114 LF x 8' T = 912 27 Gypsum board, on walls and ceilings, nailed or screwed to studs, 5/8" thick, on walls, standard, taped and finished, level 4 finish S.F. 128.0000 $1.53 $195.8409-29-10-30-2050 2 CARP 0.33 1.20 0.00 28 Latex underlayment, latex underlayment, cementitious for resilient flooring, 1/8" thick S.F. 2,909.0000 $4.27 $12,421.4309-65-10-10-3600 1 TILF 1.07 3.20 0.00 Float for new flooring 29 Resilient base, base, cove, rubber or vinyl, standard colors, 0.080" thick, 4" high L.F. 2,422.0000 $2.73 $6,612.0609-65-13-13-1150 1 TILF 1.11 1.62 0.00 Page 5 of 8 05-B3-0106 Trophy Club - Police Dept Remodel - 05-B3-0106Printed 19 APR 2013 2:19PMTown of Trophy Club Town Council 105 of 124 April 22, 2013 Estimate Details Estimator: Justin Montgomery 05-B3-0106 Trophy Club - Police Dept Remodel 09 - Finishes Material EquipmentLaborQuantity Unit CostItemUMCrew TotalDescription 30 Miscellaneous resilient tile flooring, vinyl tile, 12" x 12", 1/8" thick, minimum S.F. 2,670.0000 $6.30 $16,821.0009-65-19-10-7600 1 TILF 5.28 1.02 0.00 Line Item used for non Slip VCT 31 Sheet carpet, commercial grades, direct cement, nylon, level loop, 26 ounce, light to medium traffic S.Y. 495.0000 $39.00 $19,305.0009-68-16-10-0700 1 TILF 31.90 7.10 0.00 32 Sheet carpet, for small rooms, less than 12' wide, add (Modified using 09-68-16-10-5100) S.Y. 495.0000 $1.17 $579.1509-68-16-10-4900-5100 1 TILF 0.00 1.17 0.00 33 Wallpaper, including sizing, add 10 to 30 percent waste to takeoff, vinyl wall covering, fabric-backed, medium weight, type 2, 20 to 24 ounces per S.Y. S.F. 576.0000 $2.01 $1,157.7609-72-23-10-3300 1 PAPE 0.99 1.02 0.00 34 Sanding, surface protection, placement and removal, basic drop cloths S.F. 3,150.0000 $0.08 $252.0009-91-03-20-0510 1 PORD 0.00 0.08 0.00 35 Sanding, surface protection, placement and removal, masking with paper S.F. 3,150.0000 $0.67 $2,110.5009-91-03-20-0520 1 PORD 0.06 0.61 0.00 36 Doors and windows, exterior, door frames and trim, only, brushwork, primer and one coat, exterior latex L.F. 34.0000 $1.77 $60.1809-91-13-70-0130 1 PORD 0.13 1.64 0.00 CMLI to paint door frame 37 Doors and windows, interior, alkyd, oil base, flush door and frame, 3' x 7', brushwork, stain, brushwork, wipe off Ea. 1.0000 $29.00 $29.0009-91-23-33-1400 1 PORD 1.85 27.15 0.00 38 Doors and windows, interior latex, windows, per interior side, based on 15 S.F., 1 to 6 lite, brushwork, primer and one coat Ea. 1.0000 $63.00 $63.0009-91-23-35-0500 1 PORD 1.82 61.18 0.00 39 Walls and ceilings, interior, concrete, drywall or plaster, latex, primer or sealer coat, smooth finish, brushwork S.F. 4,118.0000 $0.49 $2,017.8209-91-23-72-0200 1 PORD 0.07 0.42 0.00 40 Walls and ceilings, interior, for oil base paint, add (Modified using 09-91-23-72-1700) S.F. 4,118.0000 $0.01 $41.1809-91-23-72-0200-1700 1 PORD 0.01 0.00 0.00 41 Walls and ceilings, interior, concrete, drywall or plaster, latex, primer or sealer coat, smooth finish, roller S.F. 16,470.0000 $0.43 $7,082.1009-91-23-72-0240 1 PORD 0.07 0.36 0.00 42 Walls and ceilings, interior, for oil base paint, add (Modified using 09-91-23-72-1700) S.F. 16,470.0000 $0.01 $164.7009-91-23-72-0240-1700 1 PORD 0.01 0.00 0.00 43 Walls and ceilings, interior, zero voc latex, concrete,S.F. 4,118.0000 $0.90 $3,706.2009-91-23-74-0800 1 PORD 0.19 0.71 0.00 Page 6 of 8 05-B3-0106 Trophy Club - Police Dept Remodel - 05-B3-0106Printed 19 APR 2013 2:19PMTown of Trophy Club Town Council 106 of 124 April 22, 2013 Estimate Details Estimator: Justin Montgomery 05-B3-0106 Trophy Club - Police Dept Remodel 09 - Finishes Material EquipmentLaborQuantity Unit CostItemUMCrew TotalDescription dry wall or plaster, latex, paint two coats, smooth finish, brushwork 44 Walls and ceilings, interior, zero voc latex, concrete, dry wall or plaster, latex, paint two coats, smooth finish, roller S.F. 16,470.0000 $0.80 $13,176.0009-91-23-74-0840 1 PORD 0.19 0.61 0.00 09 - Finishes Total $97,722.66 $42,524.42 $55,198.24 $0.00 22 - Plumbing 45 Pipe, plastic, including couplings and clevis hanger assemblies, 10' O.C., 3 per 10', PVC, schedule 40, 6" diameter L.F. 60.0000 $60.50 $3,630.0022-11-13-74-1960 Q-01 28.60 31.90 0.00 46 Pipe fittings, plastic, PVC schedule 80, socket joint, 45° elbow, 6" Ea. 6.0000 $247.00 $1,482.0022-11-13-76-2340 Q-01 126.50 120.50 0.00 47 Pipe fittings, plastic, PVC schedule 80, socket joint, tee, 6" Ea. 6.0000 $360.00 $2,160.0022-11-13-76-2490 Q-01 177.10 182.90 0.00 22 - Plumbing Total $7,272.00 $3,537.60 $3,734.40 $0.00 31 - Earthwork 48 Structural excavation for minor structures, hand, pits to 6' deep, sandy soil B.C.Y. 4.0000 $57.50 $230.0031-23-16-16-0015 1 CLAB 0.00 57.50 0.00 For excavating "contaminated" soil under building and digging at six locations for Downspout tie ins 49 Structural excavation for minor structures, for wet or muck hand excavation, add to above (Modified using 31-23-16-16-1500) B.C.Y. 4.0000 $28.75 $115.0031-23-16-16-0015-1500 1 CLAB 0.00 0.00 0.00 50 Structural excavation for minor structures, hand, pits to 6' deep, heavy soil or clay B.C.Y. 0.0000 $115.0031-23-16-16-0100 1 CLAB 0.00 115.00 0.00 12 51 Structural excavation for minor structures, hand loading trucks from stock pile, sandy soil B.C.Y. 4.0000 $38.50 $154.0031-23-16-16-1100 1 CLAB 0.00 38.50 0.00 For loading "contaminated" soil into trucks, from under building. 52 Structural excavation for minor structures, for wet or muck hand excavation, add to above (Modified using 31-23-16-16-1500) B.C.Y. 4.0000 $19.25 $77.0031-23-16-16-1100-1500 1 CLAB 0.00 0.00 0.00 53 Backfill, by hand, no compaction, heavy soil L.C.Y. 4.0000 $42.00 $168.0031-23-23-13-0100 1 CLAB 0.00 42.00 0.00 Page 7 of 8 05-B3-0106 Trophy Club - Police Dept Remodel - 05-B3-0106Printed 19 APR 2013 2:19PMTown of Trophy Club Town Council 107 of 124 April 22, 2013 Estimate Details Estimator: Justin Montgomery 05-B3-0106 Trophy Club - Police Dept Remodel 31 - Earthwork Material EquipmentLaborQuantity Unit CostItemUMCrew TotalDescription For backfill at downspouts. 54 Backfill, compaction in 6" layers, hand tamp, add to above (Modified using 31-23-23-13-0300) E.C.Y. 4.0000 $22.50 $90.0031-23-23-13-0100-0300 1 CLAB 0.00 22.50 0.00 55 Hauling, excavated or borrow, loose cubic yards, excluding loading equipment, including hauling, waiting, loading and dumping, time per cycle (wait, load, travel, unload or dump and return), 8 C.Y. truck, 25 MPH average, 10 minute wait to load and unload, cycle 6 miles L.C.Y. 0.0000 $5.3031-23-23-20-0046 B-34A 0.00 2.85 2.45 For hauling new soil back to building in truck. 4 56 Building shoring, on cribbing with 35 ton screw jacks, per box and jack Jack 42.0000 $905.00 $38,010.0031-41-13-10-1000 B-51 72.60 768.05 64.35 31 - Earthwork Total $38,844.00 $3,049.20 $32,900.10 $2,702.70 32 - Exterior Improvements 57 Precast concrete unit paving slabs, precast concrete patio blocks, 2-3/8" thick, colors, 24" x 24" S.F. 168.0000 $5.95 $999.6032-14-13-16-0730 D-01 3.92 2.03 0.00 4x42= 168 32 - Exterior Improvements Total $999.60 $658.56 $341.04 $0.00 Alternates 58 R&R - Water closets, tank type, vitreous china, including seat, supply pipe with stop, 1.6 GPF, floor mounted, two piece, close coupled Ea. 6.0000 $349.95 $2,099.7022-41-13-40-1100 Q-01 0.00 349.95 0.00 Labor Adjustment: 150% of $233.30 = $349.95 ------------------------------ Using O&P Pricing Bare Costs: (M:$247.00 L:$148.00 E: O:5.30 LH:3.019) O&P Labor Calc = O&P Total - (Bare Material + 10.000%) - (Bare Equipment + 10.000%) $505.00 - $271.70 - $0.00 = $233.30 Labor w/CCI = $233.30 * 100.000% = $233.30 Alternates Total $2,099.70 $0.00 $2,099.70 $0.00 Estimate Grand Total 97,964.74 Page 8 of 8 05-B3-0106 Trophy Club - Police Dept Remodel - 05-B3-0106Printed 19 APR 2013 2:19PMTown of Trophy Club Town Council 108 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-245-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Consider and take appropriate action regarding March 2013 Monthly Financials. Attachments:March 2013 Financials.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding March 2013 Monthly Financials. Town of Trophy Club Town Council 109 of 124 April 22, 2013 4/16/2013 2:28:08 PM Page 1 of 2 My Budget Report Town of Trophy Club, TX Group Summary For Fiscal: 2012-2013 Period Ending: 03/31/2013 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategory Current Total Budget Original Total Budget Percent Used Fund: 01 - GENERAL FUND Revenue 40 - Taxes 4,274,477.9436,778.334,769,706.00 4,769,706.00 -495,228.06 -89.62 % 41 - Licenses & Permits 487,101.03107,810.831,545,839.00 1,545,839.00 -1,058,737.97 -31.51 % 42 - Intergovernmental 116,552.270.00163,643.00 163,643.00 -47,090.73 -71.22 % 43 - Fines & Fees 198,764.318,943.59497,335.00 497,335.00 -298,570.69 -39.97 % 44 - Charges for Services 146,787.834,509.12213,736.00 213,736.00 -66,948.17 -68.68 % 45 - Rents 21,655.134,939.7359,500.00 59,500.00 -37,844.87 -36.40 % 46 - Contributions and Donations 500.000.000.00 0.00 500.00 0.00 % 47 - Investment Income 981.850.004,000.00 4,000.00 -3,018.15 -24.55 % 48 - Sales -0.110.005,000.00 5,000.00 -5,000.11 0.00 % 49 - Other Financing Sources 6,150.003,075.0012,300.00 12,300.00 -6,150.00 -50.00 % 51 - Miscellaneous 25,800.991,315.3433,000.00 33,000.00 -7,199.01 -78.18 % 5,278,771.24167,371.947,304,059.00 7,304,059.00 -2,025,287.76Total Revenue:-72.27 % 5,278,771.24167,371.947,304,059.00 7,304,059.00 -2,025,287.76Total Fund: 01 - GENERAL FUND:-72.27 % Report Total:167,371.94 5,278,771.247,304,059.00 7,304,059.00 -2,025,287.76 -72.27 % Town of Trophy Club Town Council 110 of 124 April 22, 2013 4/17/2013 10:05:50 AM Page 1 of 2 My Budget Report Town of Trophy Club, TX Group Summary For Fiscal: 2012-2013 Period Ending: 03/31/2013 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityDepartment Current Total Budget Original Total Budget Percent Remaining Fund: 01 - GENERAL FUND Expense 140 - Manager's Office 314,034.8772,716.63691,823.00 691,823.00 377,788.13 54.61 % 160 - Legal 73,710.9916,087.06168,638.00 168,638.00 94,927.01 56.29 % 251 - Police 903,753.30188,591.981,811,015.00 1,791,015.00 887,261.70 49.54 % 255 - EMS 407,472.3390,695.45810,620.00 810,620.00 403,147.67 49.73 % 360 - Streets 389,318.1876,270.65788,409.00 808,409.00 419,090.82 51.84 % 400 - Parks 429,541.2988,961.22936,634.00 936,634.00 507,092.71 54.14 % 450 - Recreation 138,486.7029,468.94561,851.00 576,851.00 438,364.30 75.99 % 460 - Community Events 19,403.021,629.9549,700.00 49,700.00 30,296.98 60.96 % 521 - Planning and Zoning 97,372.8213,788.83164,620.00 164,620.00 67,247.18 40.85 % 522 - Community Development 158,780.1732,663.50333,028.00 337,030.00 178,249.83 52.89 % 611 - Finance 206,239.9843,176.76368,303.00 368,303.00 162,063.02 44.00 % 615 - Municipal Court 39,586.008,665.1083,946.00 83,946.00 44,360.00 52.84 % 630 - Human Resources 51,288.409,363.50113,906.00 113,906.00 62,617.60 54.97 % 640 - Information Services 181,050.3532,787.23348,141.00 348,141.00 167,090.65 48.00 % 710 - Facilities Management 55,348.861,409.8972,961.00 72,961.00 17,612.14 24.14 % 3,465,387.26706,276.697,303,595.00 7,322,597.00 3,857,209.74Total Expense:52.68 % 3,465,387.26706,276.697,303,595.00 7,322,597.00 3,857,209.74Total Fund: 01 - GENERAL FUND:52.68 % Report Total:706,276.69 3,465,387.267,303,595.00 7,322,597.00 3,857,209.74 52.68 % Town of Trophy Club Town Council 111 of 124 April 22, 2013 GENERAL FUND March 2013 6/12 Months (50% of Fiscal Year) REVENUES Property Taxes – Property taxes are billed and due in October. Most payments are received in December and January before they become delinquent on February 1st. During the fiscal year, the Denton Central Appraisal District (DCAD) makes supplemental assessments. Those assessments are billed by Denton County. Sales Tax – As shown below, the Town’s total current sales tax collections exceeds the prior year’s sales tax collections by $ 19,764 (3.42%). Year to Date Sales Tax Collections Increase (Decrease) FY 2012 FY 2013 Total $ 577,158 $ 596,922 $ 19,764 Below is a chart comparing sales tax collections for the prior and current years by month. The amounts illustrated represent total sales tax collections which include portions for the general fund (50%), EDC 4A (25%) and 4B (12.5%), and the street maintenance fund (12.5%). (Additional Note: (March collections are for January sales.) $- $20,000.00 $40,000.00 $60,000.00 $80,000.00 $100,000.00 $120,000.00 $140,000.00 Oc t No v De c Ja n Fe b Ma r Ap r Ma y Ju n Ju l Au g Se p Sales Tax Collections FY 2012 FY 2013 Town of Trophy Club Town Council 112 of 124 April 22, 2013 Licenses & Permits – Building Permit revenue in February totaled $99,744.04. Franchise revenue is collected annually and has not yet been collected for this year. We collected Gas and Electric Franchise revenue in May of last year and expect the same this year. Intergovernmental – Represents amounts to be received from the Municipal Utility District and EDC 4B. Fines and Fees – Developer agreements include charges (fees) to cover the cost of inspection associated with project infrastructure. As of March 31, 2013 collections for developer fees total $121,866 (135%). Several recreation related fees fall within this category and are seasonal. Rents – Recreation rentals are seasonal and expected to increase in the summer months. Other Financing Sources – Represents quarterly transfers to be received from Trophy Club Park. Charges for Services – There is one month of abnormally low collections for EMS runs. Finance is currently following up with the collection agency. EXPENDITURES Recreation – Seasonal expenditures. Information Services – Incode support paid annually (Software and Support); purchased two scanners for Tyler content manager (Hardware). Facilities Management – The Town’s annual property insurance premium, which was paid monthly in the prior fiscal year, was paid for in full under Facilities Management in order to take advantage of an early payment discount. (This expense represents 62.8% of the department’s budget). Planning & Zoning – Engineering expenditures are expected to exceed budget due unanticipated expenses related to PD 30, Trophy Wood Business Park, and Lakeview Elementary. NISD has agreed to reimburse the Town partially for review expenses related to Lakeview Elementary. Town of Trophy Club Town Council 113 of 124 April 22, 2013 4/16/2013 2:29:28 PM Page 1 of 2 My Budget Report Town of Trophy Club, TX Group Summary For Fiscal: 2012-2013 Period Ending: 03/31/2013 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategory Current Total Budget Original Total Budget Percent Remaining Fund: 09 - TROPHY CLUB PARK Revenue 43 - Fines & Fees 65,617.2615,510.10125,000.00 125,000.00 -59,382.74 -47.51 % 65,617.2615,510.10125,000.00 125,000.00 -59,382.74Total Revenue:-47.51 % Expense 50 - Personnel Services 23,158.135,372.9157,332.00 57,332.00 34,173.87 59.61 % 60 - Purchased Services 17,742.122,290.9441,736.00 41,736.00 23,993.88 57.49 % 70 - Supplies 4,460.42153.138,400.00 8,400.00 3,939.58 46.90 % 80 - Capital 0.000.005,200.00 5,200.00 5,200.00 100.00 % 99 - Other Financing Uses 6,150.003,075.0012,300.00 12,300.00 6,150.00 50.00 % 51,510.6710,891.98124,968.00 124,968.00 73,457.33Total Expense:58.78 % 14,106.594,618.1232.00 32.00 14,074.59Total Fund: 09 - TROPHY CLUB PARK: Report Total:4,618.12 14,106.5932.00 32.00 14,074.59 Town of Trophy Club Town Council 114 of 124 April 22, 2013 TROPHY CLUB PARK FUND March 2013 6/12 Months (50% of Fiscal Year) Additional Revenues and Expenditures – 2nd Quarter Report on TCP At the end of each quarter in Fiscal Year 2013 staff will provide a breakdown of expenditures associated with Trophy Club Park (TCP) but funded through the general fund. Those services include: Park Maintenance, Fire and Emergency Medical Services, and Policing. It is important to note that only dispatched calls to TCP were included in this calculation and are described in detail below. REVENUES Fire Revenue (received by the Municipal Utility District) – Denton County compensates the Fire Department for providing service to TCP because it is located outside the Town boundaries. The contract provides revenue based on a per capita basis, a fixed amount for dispatched calls in the prior fiscal year, and an amount associated with the rural miles within the service area. EXPENDITURES Fire/EMS Expenditures – There were no dispatched calls to TCP during the 2nd Quarter. Police Expenditures – 8 Dispatched calls totaling 5 hours. Staff used an average pay and benefit amount to estimate expenses associated with hours. Park Maintenance – Please see attached detailed breakdown of expenses. Town of Trophy Club Town Council 115 of 124 April 22, 2013 Revenues Fire Denton County 1,140$ EMS Transport Revenue -$ Police -$ Total Revenues 1,140$ Expenditures (General Fund) Police 195$ Fire -$ Parks 2,641$ Total Expenditures 2,836$ *Total Volunteer Hours - 361 hours X $15 per hour = $5,415 Fund: 09-Trophy Club Park (2nd Quarter) Additional Revenues and Expenditures Town of Trophy Club Town Council 116 of 124 April 22, 2013 January 1st-March 31st TCP 2nd Quarter Costs Each round consists of the following using these base costs: 1 man/hour =$23.21 based on a salary average and includes all benefits Gas is calculated at $3.20 per gallon 3 rounds of maintenance Each Round Consists of: General Park Area Labor 5 workers X 8 hrs X $23.21 = $928.84 Gas 23 gallons X $3.20 = $73.60 Total $1,002.44 Trophy Gardens/Trophy Club Women’s Garden Club Labor 3 workers X 3 hrs X $23.21 = $208.89 Gas 2 gallons X $3.20 = $6.40 Total $215.29 Total for round = $1,217.73 Total for second quarter fiscal year maintenance 2012/13 - 2 rounds X $1,217.73 = $2,435.46 Town of Trophy Club Town Council 117 of 124 April 22, 2013 Dedicated Administrative Costs Director attended two TCP Sub-Committee meetings for a total of 4 hours 4 X $51.37 = $205.48 Total TCP costs to the Town $2,640.94 Total volunteer hours 361 hours X $15 per hour = $5,415 Town of Trophy Club Town Council 118 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-250-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Town Council Liaison Updates; EDC 4B Meeting; Mayor Pro Tem Strothers and discussion of same. Attachments: Action ByDate Action ResultVer. Title Town Council Liaison Updates; EDC 4B Meeting; Mayor Pro Tem Strothers and discussion of same. Town of Trophy Club Town Council 119 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-251-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Town Manager Slye's update regarding the following, and discussion of same: - Feasability Study RFQ, TIF RFQ - TML IEBP Meeting April 24th - 26th Attachments: Action ByDate Action ResultVer. Title Town Manager Slye's update regarding the following, and discussion of same: - Feasability Study RFQ, TIF RFQ - TML IEBP Meeting April 24th - 26th Town of Trophy Club Town Council 120 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-254-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Items for Future Agendas. Attachments:FutureAgendaItemList.pdf Action ByDate Action ResultVer. Title Items for Future Agendas. Town of Trophy Club Town Council 121 of 124 April 22, 2013 Town of Trophy Club Town Council Future Agenda Items List 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. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 4. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 5. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 6. 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) 7. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances Defined” (Schroeder, 6/21/2012) 8. Consider and take appropriate action regarding the creation of a Youth Council within Trophy Club (White and Schroeder, 8/20/2012) 9. Consider and take appropriate action regarding reviewing the Ethics Ordinance (White, 1/21/2013) 10. Consider June as Speed Awareness Month (Schroeder 3/2013) Town of Trophy Club Town Council 122 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-255-T Name: Status:Type:Agenda Item Draft File created:In control:4/15/2013 Town Council On agenda:Final action:4/22/2013 Title:Pursuant to Texs Government Code, Annotated, Chapter 551, Council will convene into Closed Executive Session as authorized by: A. Section 551.071 “Consultation with Attorney” for consultation with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (2)). (1) Water and wastewater services; terms of interlocal agreement regarding lease and conveyance of utility system assets and provision of retail water and wastewater services, approval and parameters of representation, and related matters. B. Section 551.074 to deliberate the appointment, employment evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: (1) Annual evaluation of Town Manager, Mike Slye. Attachments: Action ByDate Action ResultVer. Title Pursuant to Texs Government Code, Annotated, Chapter 551, Council will convene into Closed Executive Session as authorized by: A. Section 551.071 “Consultation with Attorney” for consultation with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (2)). (1) Water and wastewater services; terms of interlocal agreement regarding lease and conveyance of utility system assets and provision of retail water and wastewater services, approval and parameters of representation, and related matters. B. Section 551.074 to deliberate the appointment, employment evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: (1) Annual evaluation of Town Manager, Mike Slye. Town of Trophy Club Town Council 123 of 124 April 22, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-257-T Name: Status:Type:Agenda Item Draft File created:In control:4/17/2013 Town Council On agenda:Final action:4/22/2013 Title:To reconvene in Regular Session and take any action necessary as a result of the Closed Session. Attachments: Action ByDate Action ResultVer. Title To reconvene in Regular Session and take any action necessary as a result of the Closed Session. Town of Trophy Club Town Council 124 of 124 April 22, 2013